9 4 18 Asst. Clerk's Skeleton Notes and Meeting CallTO: Trish L. Gleason, Assistant City Clerk
You are hereby directed to call a regular session of the City Council to be
held on Tuesday, September 4, 2018 at 6:00 p.m. in the Historic Federal Building
for the purpose of conducting such business that may properly come before the
City Council.
Roy D. Buol, Mayor
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
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 uu I; Council Members Del Toro, Jones, Larson, Resnick, Shaw; City
Manager yaOSAilligen, City Attot59y 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 to Swear in Mayor Pro -Tem Luis Del Toro
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CONSENT ITEMS
Yays
Nays
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Buol
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Larson
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1. Minutes and Reports Submitted
City Council Proceedings for 8/20; Community Development 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 proceedings of 7/16, 8/6, 8/8, 8/14; Proof of
Publication for List of Claims and Summary of Revenues for Month Ending 7/31.
Suggested Disposition: Receive and File
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 Insurance for vehicle damage;
Melvin Moss for vehicle damage; Jeremy Noel for property damage; Marilyn Thoma for
vehicle damage.
Suggested Disposition: Receive and File; Refer to City Attorney
3. Disposition of Claims
City Attorney advising that the following claims have been referred to Public Entity Risk
Services of Iowa, the agent for the Iowa Communities Assurance Pool: Melvin Moss for
vehicle damage. Hertz Rent -a -Car for vehicle damage; Adam Jordan for vehicle
damage; Lynn McCormick/Partners Mutual Insurance for vehicle damage; Melvin Moss
for vehicle damage; Jeremy Noel for property damage; and Marilyn Thoma for vehicle
damage. '
Suggested Disposition: Receive and File; Concur
4. Approval of City Expenditures
City Manager recommending Council approval for payment of City expenditures.
Suggested Disposition: Receive and File and Approve
5. Contracted Service Agreement - Washington Tool Library for Fiscal Year 2019
City Manager recommending execution of the Fiscal Year 2019 Contracted Service
Agreement with the Washington Tool Library.
Suggested Disposition: Receive and File; Approve
2
Yays
Nays
Shaw
Del Toro
Buol
Rios
Resnick
Larson
Jones
6. Iowa Greyhound Association Lease Amendment
City Manager recommending approval of an Amendment to Lease Agreement with Iowa
Greyhound Association that provides for a five-year term commencing January 1, 2020.
RESOLUTION 257-18 Approving an Amendment to Lease Agreement between the City
of Dubuque, Iowa and Iowa Greyhound Association
Suggested Disposition: Receive and File; Adopt Resolution(s)
7. 2018 Asphalt Overlay Access Ramp Project One Acceptance
City Manager recommending acceptance of the construction contract for the 2018
Asphalt Overlay Access Ramp Project One, as completed by D & D Superior Concrete,
LLC.
RESOLUTION 258-18 Accepting the 2018 Asphalt Overlay Access Ramp Project one
and authorizing the payment to the contractor
Suggested Disposition: Receive and File; Adopt Resolution(s)
8. 2018 Asphalt Overlay Access Ramp Project Two Acceptance
City Manager recommending acceptance of the construction contract for the 2018
Asphalt Overlay Access Ramp Project Two, as completed by Midwest Concrete, Inc.
RESOLUTION 259-18 Accepting the 2018 Asphalt Overlay Access Ramp Project Tow
and authorizing the payment to the contractor
Suggested Disposition: Receive and File; Adopt Resolution(s)
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.
RESOLUTION 260-18 Awarding Public Improvement Project for the Twin Ridge Lift
Station Abandonment Project
Suggested Disposition: Receive and File; Adopt Resolution(s)
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.
RESOLUTION 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
Suggested Disposition: Receive and File; Adopt Resolution(s)
Yays
Nays
Shaw
Del Toro
Buol
Rios
Resnick
Larson
Jones
11. Bee Branch Railroad Culverts Project, Easement Acquisitions, Setting Fair
Market Value, Resolution Amendments
City Manager recommending approval to amend previously 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.
RESOLUTION 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"
RESOLUTION 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 Exhibit B to "Permanent Easement Exhibit B" and adding
a reference to Temporary Easement Exhibit E
Suggested Disposition: Receive and File; Adopt Resolution(s)
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.
Suggested Disposition: Receive and File; Approve
13.AmeriCorps Program Year 2018-2019 Grant Agreement
City Manager recommending approval of an agreement for AmeriCorps Partners in
Learning Summer -Only Grant Continuation for Program Year 2018-2019 and through
the summer of 2019.
Suggested Disposition: Receive and File; Approve
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.
Suggested Disposition: Receive and File; Approve
Yays
Nays
Shaw
Del Toro
Buol
Rios
Resnick
Larson
Jones
15. Mayor's Letter of Support to Senator Grassley Regarding Segal AmeriCorps
Education 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 Education
Award and use it to pay for college tuition, vocational school, or to pay down qualified
student loan debt.
Suggested Disposition: Receive and File
16. Crescent Community Health Center Letter of Support
City Manager recommending approval to sign a Letter of Support for the Crescent
Community Health Center's Services Area Competition Grant to Health Resources and
Services Administration.
Suggested Disposition: Receive and File; Approve
17. Employee Changes to Support Family Self -Sufficiency Programming
City Manager recommending elimination of the Circles Coach position and the creation
of a Section 8 Caseworker position to ensure success of the Family Self -Sufficiency
Programming.
Suggested Disposition: Receive and File; Approve
18. Fiber Optic Conduit Damage Claim Settlement with Tschiggfrie 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 US 61 and Olde Davenport Road.
Suggested Disposition: Receive and File; Approve
19. Signed Contract(s)
Second Amendment to the Farm Lease between the City of Dubuque and Carl Reiss
and Anthony John Reiss.
Suggested Disposition: Receive and File
20. Improvement Contracts / Performance, Payment and Maintenance Bonds
Midwest Concrete for Veterans Park Pickleball Court Construction Project
Suggested Disposition: Receive and File; Approve
5
Yays
Shaw
Nays
Del Toro
Buol
Rios
Resnick
Larson
Jones
21. Alcohol License Applications
City Manager recommending approval of annual beer, liquor and wine licenses as
submitted.
RESOLUTION 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
Suggested Disposition: Receive and File; Adopt Resolution(s)
6
ITEMS SET FOR PUBLIC HEARING
1. Tamarack Park Water Main Extension Project 2018 Initiate
September 17, 2018
1. Tamarack Park Water Main Extension Project 2018 Initiate
City Manager recommending initiation of the public bidding procedure for the Tamarack
Park Water Main Extension Project 2018, and further recommends that a public hearing
be set for September 17, 2018.
RESOLUTION 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
Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for
September 17, 2018
Yays
Nays
✓
Shaw
✓
Del Toro
✓
Buol
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Resnicka
Larson
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Jones 1
7
BOARDS/COMMISSIONS
Applicants are invited to address the City Council regarding their desire to serve on the
following Boards/Commissions. Applicant appointments will be made at the next City
Council meeting.
1. Parks and Recreation Advisory Commission (Review)
One, 3 -year term through June 30, 2019 (Vacant term of Lyness)
Applicant: Robert McCoy, 265 Main St.
2. Airport Commission (Appointment)
Two, 4 -year terms through July 1, 2022 (Expiring terms of Accinelli and Blocker)
Applicants:
. Robert Blocker, 880 Kane St.;
442. Jennifer Chambers, 940 Kelly Ln.;
3. Michael Phillips, 1029 Dunham Dr.
This commission is subject to the State of Iowa Gender Balance Law. Five
Commissioners total; currently 1 males/2 females
Blocker
Chambers Phillips
Shaw
Del Toro
Buol
Resnick
Larson
Jones
1
1
1
8
3. Housing Commission (Appointment)
One, 3 -year term through August 17, 2021 (Vacant term of Fernandes)
Applicants:
1. Michelle Becwar, 2115 Coates St. (Additional Applicant);
2. Antonino T. Erba, 1505 Fairview PI.;
3. Sam Wooden, 1135 Rosedale Ave.
Becwar
Erba Wooden
Shaw
Del Toro
Buol
RiQVC
1
Resnick
Larson
Jones
1
1
4. Zoning Advisory Commission (Appointment)
One, 3 -year term through July 1, 2021 (Expiring term of Russell)
Applicant:
`L. 1. Rich Russell, 2045 Embassy West Dr.
This commission is subject to the State of Iowa Gender Balance Law. Seven
Commissioners total; currently 5 males/1 female. *Application was held for 90 days in
adherence with Iowa Code 69.16A Gender Balance.
Yays
Nays
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Shaw
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Del Toro
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Buol
MO
Resnick a
Larson
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Jones 1
10
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 disposition 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 proposed 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.
RESOLUTION 266-18 Disposing of an interest in real property owned by the City of
Dubuque by lease Supplement between the City of-92iatig, Iowa and Southwestco
Wireless, Inc. D/B/A Verizon Wireless
Suggested Disposition: Receive and File; Adopt Resolution( � - 3
Yays
Nays
✓°'
Shaw
Del Toro a
✓
Buol
Rieo*
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Resnick 1
Larson
Jones
11
PUBLIC INPUT
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ACTION ITEMS
1. America's River III Campaign
City Manager recommending Council approval of the America's River 111 fundraising
campaign and associated naming opportunities and giving levels.
Suggested Disposition: Receive and File; Approve
Yays
Nays
✓
Shaw
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Del Toro
L.-
Buol
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Resnick 0
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Larson
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2. McFadden Farm Grading Phase I Project - Project Award
City Manager to recommend award of the McFadden Farm Grading Phase I Project.
Documentation will be distributed at the meeting due to the timing of the bid opening at
2:00 p.m., September 4, 2018.
RESOLUTION 267-18 Awarding Public Improvement Contract for the McFadden Farm
Grading Phase I Project
Suggested Disposition: Receive and File; Adopt Resolution(s)
Yays
Nays
kms.-'
Shaw
Del Toro 1
✓
Buol
v'
Resnick
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Larson
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Jones a
14
3. Millwork District Parking Lot #2 (Elm Street Parking Lot) - Project Award
City Manager recommending award of the construction contract for the Millwork District
Parking Lot #2 Project to the low bidder Drew Cook & Sons Excavating, Co.
RESOLUTION 268-18 Awarding Public Improvement Contract for the Millwork District
Parking Lot #2 Project
Suggested Disposition: Receive and File; Adopt Resolution(s)
Yays
Nays
L/
Shaw
L,,
Del Toro
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Buol
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Resnick
✓.
Larson
✓-
Jones
15
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.
Yays
Nays
i/
Shaw
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Del Toro.@
✓
Buol
Riot
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Resnick
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Larson 1
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5. Code of Ordinances Amendment - Title 9 Street Storage
City Manager recommending approval of an amendment to the Street Storage
Ordinance which requires vehicles be operational, registered and licensed.
ORDINANCE 0-18 Amending City of Dubuque Code of Ordinances Title 9 Motor
Vehicles and Traffic, Chapter 15 Impoundment of Vehicles, Division 3 Street Storage,
Section 9-15-321.761 Definition
Suggested Disposition: Receive and File; Motion B; Motion A
Suspend the Readings
Yays
Nays
I'
Shaw
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Del Toro
✓
Buol
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✓
Resnick G.
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Larson
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Jones p
Final Reading and Adopt
Yays
Nays
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Shaw
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Del Toro
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Buol
RIOS
Resnick
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Larson
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Jones 1
17
6. Code of Ordinances Amendment - Title 6 Prohibited and Exempt Noises (2nd
Reading)
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 exemptions
of outdoor music or amplified noise.
--ORDINANCE304&Amending City of Dubuque Code of Ordinances Title 6 Health,
Housing, Sanitation and Environment, Chapter 5 Noises, Section 6-5-1 Prohibited
Noises
--ORD hNANCE, 31�18-Amending City of Dubuque Code of Ordinances Title 6, Health,
Housing, Sanitation and Environment, Chapter 65 Noises, Section 6-5-3 Exempt Noises
Suggested Disposition: Receive and File; Motion B; Motion A
Suspend the Readings
Yays
Nays
Shaw
✓
Del Toro
Buol
✓
Riteg-
%,/
Resnick a
✓
Larson
,/-
Jones 1
Final Reading and Adopt
Yays
Nays
Shaw
,f
Del Toro
Buol
✓
✓
Resnick
✓-
Larson
✓'"Jones
1
18
7. SW Arterial Construction Update Video
Cable TV Division will show a video of the recent progress of the Southwest Arterial
Project for August 2018.
Suggested Disposition: Receive and File; Presentation
Yays
Nays
�
Shaw a
Del Toro
-i'
Buol
RIM-
Resnick 1
✓'
Larson
4
Jones
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COUNCIL MEMBER REPORTS
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CLOSED SESSION @ 7� 1) p.m.
Pending Litigation and Real Estate Transfer Negotiations — Chapter 21.5(1)(c), -(j) Code
of Iowa
EYADI stated for the record that the attorney who will consult with City Council on the
issues to be discussed in the closed session is
Yays
Nays
Nays
Shaw
Shaw
Del Toro
Del Toro
Buol
Buol
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Resnick 2
v'
Larson
1-'
Resnick
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Larson
✓ --
Jones 1
RECONVENED IN OPEN SESSION @ %: Li g p.
ADJOURNMENT @ _7.5 p.m.
Yays
Nays
✓
Shaw
Del Toro
✓
Buol
tr
Resnick 2
v'
Larson
V"
Jones I
20