10 1 18 Clerk's Skeleton Notes and Meeting CallCITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
The Dubuque City Council met in regular session at 6:00 p.m. on October 1, 2018 in
the Historic Federal Building, 350 W. 6th Street.
Present: MaYyoBuol (via telephone), Mayor Pro -Tem Del Toro; Council Members
Jones, Larson, Resnick; i haw; City Manager VanMilligen, City Attorney Brumwell
ate,
Absent:
Mayor Pro Tem Del Toro 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
PRESENTATION(S)
At 5:45 p.m., the Dubuque Youth Symphony performed a brief musical event prior to the
start of the meeting in recognition of Arts and Humanities Month.
2. St. Columbkille's Elementary School Green Ribbon Schools Award: Assistant
City Manager Cori Burbach will present the U.S. Department of Education's Green
Ribbon Schools award to St. Columbkille's Elementary School.
3. Rising Star Award Presentation: Steve Fisher of the Telegraph Herald will present
the Rising Star Award to Arts and Cultural Affairs Coordinator Debra Alleyne.
PROCLAMATION(S)
1. Crop Walk Day (October 7, 2018) was accepted by
2. Lights on Afterschool Day(October 25, 2018)ted
was ac p by,
idepfits d Huma itis Month (0 tober 2 18) was a cepted by
4. Trick -or -Treat Night (October 31, 2018) was accepted by Mayor Pro Tem Luis Del
Toro.
1
CONSENT ITEMS
Yays
Nays
Rios
j —9
. Jones
9../
Buol
/L
Del Toro
1
/
Resnick
Larson
L--- '`
Shaw
&a9
1. Minutes and Reports Submitted
City Council Proceedings for 9/17; Civil Service Commission of 8/30, 9/26; Park and
Recreation Advisory Commission of 9/11; Transit Advisory Board of 9/13; Proof of
publication for City Council proceedings of 9/4, 9/10.
Suggested Disposition: Receive and File
2. Notice of Ci -aims and Suits
Dubuque County Sheriff's Office for property damage, Bettye Kronstad for vehicle
damage, Mark Topf for property 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: Kelsey
Caspersen for vehicle damage, Dubuque County Sheriff's Office for property damage,
Bettye Kronstad for vehicle damage, Mark Topf for property damage, Brock Tyner for
vehicle damage, Doug Winner 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; Approve
5. State Fireworks Grant Award
City Manager recommending acceptance of a grant from the Iowa State Fire Marshal to
purchase a rated storage magazine for confiscated fireworks.
Suggested Disposition: Receive and File; Approve
2
Yays
Nays
Rios
Jones
Buol
Del Toro
Resnick
Larson
Shaw
6. Consolidated Annual Performance and Evaluation Report (CAPER) July 1, 2017
to June 30, 2018
City Manager recommending approval of a resolution authoring submission to HUD of
the Consolidated Annual Performance and Evaluation Report (CAPER) for the period of
July 1, 2017 through June 30, 2018.
RESOLUTION 285-18 Authorizing the submission of a Consolidated Annual
Performance and Evaluation Report (CAPER) for the period commencing July 1, 2017
and concluding June 30, 2018
Suggested Disposition: Receive and File; Adopt Resolution(s)
7. Civil Service Commission - Certified List
Civil Service Commission submitting the Certified List for the position of Police
Lieutenant.
Suggested Disposition: Receive and File; Make Matter of Record
8. Eagle Point Park Environmental Restoration Management Project Consultant
Selection
City Manager recommending approval of the selection of Emmons & Olivier Resources
Inc., to undertake the Eagle Point Park Environmental Restoration Management Project
Design, Construction Management and Grant Administration.
Suggested Disposition: Receive and File; Approve
9. K9s4COPS Grant Application
City Manager recommending approval to submit a grant application to K9s4COPs.
Suggested Disposition: Receive and File; Approve
10. AmeriCorps Healthy Futures Planning Grant Program Coordinator Approval
City Manager recommending approval for the position of AmeriCorps Healthy Futures
Program Coordinator temporary position, as provided for in the AmeriCorps Healthy
Future Grant Planning Agreement.
Suggested Disposition: Receive and File; Approve
11. Purchase of Services Grant Recommendations for Fiscal Year 2019
City Manager recommending approval of the Fiscal Year 2019 Purchase of Services
grant funding applications as submitted by the Community Development Advisory
Commission.
Suggested Disposition: Receive and File; Approve
3
Yays
Nays
Rios
Jones
Buol
Del Toro
Resnick
Larson
Shaw
12. Project Acceptance 2018 Asphalt Overlay Ramp Project Three
City Manager recommending acceptance of the construction contract for the 2018
Asphalt Overlay Access Ramp Project Three as completed by Midwest Concrete, Inc.
RESOLUTION 286-18 Accepting the 2018 Asphalt Overlay Access Ramp Project Three
and authorizing the payment to the contractor
Suggested Disposition: Receive and File; Adopt Resolution(s)
13. Project Acceptance - 2018 Asphalt Overlay Ramp Project Four
City Manager recommending acceptance of the construction contract for the 2018
Asphalt Overlay Access Ramp Project Four, as completed by Reuter Mechanical Inc,
d/b/a East Iowa Construction.
RESOLUTION 287-18 Accepting the 2018 Asphalt Overlay Access Ramp Project Four
and authorizing the payment to the contractor
Suggested Disposition: Receive and File; Adopt Resolution(s)
14. Keymont Court - North Fork Trails Subdivision Acceptance of Street and
Paver Improvements
City Manager recommending acceptance of the maintenance of the permeable paver
street in North Fork Trails No. 5, Lots 1 through 10.
RESOLUTION 288-18 Accepting Maintenance of Street Improvements in North Fork
Trails No. 5 - Lots 1 through 10
Suggested Disposition: Receive and File; Adopt Resolution(s)
15. Healthy Homes & Childhood Lead Poisoning Prevention Program Contract
and Subcontracts
City Manager recommending approval of a contract with the Dubuque County Board of
Health and the Iowa Department of Public Health for continued funding of the Childhood
Lead Poisoning Prevention Program, and a renewed agreement with the Visiting Nurse
Association for services related to the Childhood Lead Poisoning Prevention Program
and Healthy Homes Program.
Suggested Disposition: Receive and File; Approve
4
Vays
Nays
Rios
Jones
Buol
Del Toro
Resnick
Larson
Shaw
16. Wellmark Blue Cross and Blue Shield of Iowa Administrative Services
Agreement
City Manager recommending approval of the Administrative Services Agreement
between the City of Dubuque and Wellmark Blue Cross and Blue Shield of Iowa
effective July 1, 2018, through June 30, 2019, and authorize the City Manager to sign
the agreement.
Suggested Disposition: Receive and File; Approve
17. Release of Ail Civil Claims Related to 999 Maquoketa Drive
City Manager recommending approval of a Settlement Agreement and Release of All
Claims between the City of Dubuque and Michael and Angela Friederick for civil claims.
RESOLUTION 289-18 Approving a Settlement Agreement and Release of Claims
between Michael and Angela Friederick and the City of Dubuque for release of all civil
claims
Suggested Disposition: Receive and File; Adopt Resolution(s)
18. Lloyd Raymond Haywood Lawsuit Dismissal
Senior Counsel providing correspondence and Judgment confirming dismissal of the
lawsuit filed by Lloyd Raymond Haywood.
Suggested Disposition: Receive and File
19. Signed Contract(s)
Applied Ecological Services for the Valentine Park Restoration SRF Project.
Suggested Disposition; Receive and File
20. Improvement Contracts / Performance, Payment and Maintenance Bonds
Advanced Environmental Testing and Abatement, Inc. for Asbestos Abatement at the
former Bowling and Beyond Site; Drew Cook & Excavating Co, Inc. for the
Millwork District Parking Lot #2 (Elm Street); Gansen Excavating, Inc., for Twin Ridge
Lift Station Abandonment; Mainline Excavating Co., Inc. for the Eagle Point Park
Watermain Extension & Water Service Replacement Phase I; Peterson Contractors,
Inc. for the McFadden Farm Grading Phase I; Playpower LT Farmington, Inc. for the
Flora Park 2 -5 -Year -Old Playground Equipment and Poured -in -Place Surfacing Project.
Suggested Disposition: Receive and File; Approve
5
Yays
Nays
Rios
Jones
Buol
Del Toro
Resnick
Larson
Shaw
21. Business License Refund
Request from Champps Americana Restaurant and Bar previously located at 3100
Dodge Street for a refund of the Liquor License No. LB0001995 due to business
closing; Request from Cuemaster Billiards Bar previously located at 900 Central Avenue
for a refund of the Liquor License No. LC0042329 due to business closing; and request
from North Side Liquor located at 2013 Central Avenue for a refund of Tobacco Permit
No. DBQ-39-19 due to business name change and business reorganization.
Suggested Disposition: Receive and File; Approve
22. Alcohol License Applications
City Manager recommending approval of annual beer, liquor and wine licenses as
submitted.
RESOLUTION 290-18 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. Miracle League of Dubuque Lease Agreement
2. Alta Vista Urban Revitalization Area
3. Radford Road Urban Revitalization Area
Yays
Nays
Rios
Jones
Buol
,
Del Toro
Resnick
i/ ,,
Larson
Shaw
October 15, 2018
November 5, 2018
1. Miracle League of Dubuque Lease Agreement
City Manager recommending that a public hearing be set for October 15, 2018, to
consider a Lease Agreement between the City of Dubuque and Miracle League of
Dubuque for a portion of Veteran's Park.
RESOLUTION 9318 Setting date of public hearing on Lease Agreement between the
City of Dubuque, Iowa and the Miracle League of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for
October 15, 2018
2. Alta Vista Urban Revitalization Area
City Manager recommending approval of a Resolution of Finding under Iowa Code
Chapter 404, which is required to develop an Urban Revitalization Plan for 1225 Alta
Vista Street. It is further recommended that a public hearing be set for November 5,
2018 to adopt an Urban Revitalization Plan for the Nativity Urban Revitalization Area,
RESOLUTION 291-18 Urban Revitalization Resolution of Finding that the
Rehabilitation, Conservation, Redevelopment, Economic Development, or a
combination thereof of Church of the Nativity PL in the City of Dubuque, Iowa is
necessary in the interest of public health, safety, or welfare of the residents of the City
Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for
November 5, 2018
3. Radford Road Urban Revitalization Area
City Manager recommending approval of a Resolution of Finding under Iowa Code
Chapter 404, which is required to develop an Urban Revitalization Plan for 1895
Radford Road.It is further recommended that a public hearing be set for November 5,
2018 to adopt an Urban Revitalization Plan for the Radford Road Urban Revitalization
Area.
RESOLUTION 292-18 Urban Revitalization Resolution of Finding that the rehabilitation,
conservation, redevelopment, economic development, or a combination thereof of Lot 1
Wolff Place No 2 in the City of Dubuque, Iowa is necessary in the interest of public
health, safety, or welfare of the residents of the City
Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for
November 5, 2018
7
BOARDS/COMMISSIONS
Applicants were 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. Airport Commission (REVIEW)
One, 4 -year term through July 1, 2022 (Vacant term of Chambers)
Applicant:
1. Michael Phillips, 1029 Dunham Dr.
This commission is subject to the State of Iowa Gender Balance Law. Five
Commissioners total; currently 2 males/2 females.
2. Housing Commission (REVIEW)
One, 3 -year term through August 17, 2021 (Vacant term of Hoeper).
1. Applicants: Michelle Becwar, 2115 Coates St/Antonino T. Erba, 1505 Fairview
3. Human Rights Commission (REVIEW)
One, 3 -year term through January 1, 2020 (Vacant term of Perry).
Applicants:
1. Erin Muenster, 2030 Embassy West Dr.;
2. David Olson, 909 Spires Dr.; ,,=
3. Samuel Wright, 508 West Locust St.
This commission is subject to the State of Iowa Gender Balance Law. Nine
Commissioners total; currently 4 males/4 females.
4. Resilient Community Advisory Commission (REVIEW)
One, 3 -year term through July 1, 2020 (Vacant term of Hoeper).
Applicants:
oR,1.-,. Lalith Jayawicama, 2360 CTerry St , Laura Loucks, 4441/2 5th St.
8
PUBLIC HEARINGS
�y
1. Fiscal Year 2019 First Budget Amendment
Proof of publication for notice of public hearing to consider approval.of the First Budget
Amendment for Fiscal Year 2019, and the City Manager recommending approval.
RESOLUTION 294-18 Amending the current budget for the Fiscal Year ending June 30,
2019
Suggested Disposition: Receive and File; Adopt Resolution(s)
Yays
Nays
Rios
Jones
Buol
1/
Del Toro
7
V?
Resnick
Larson
y i-
Shaw
107
9
2. Intent to Dispose of an Interest in Real Property Owned by the City of Dubuque
by Lease Supplements Between the City of Dubuque, Iowa and Southwestco
Wireless, Inc. D/B/A Verizon Wireless
Proof of publication on notice of public hearing to consider disposal of an interest in real
property owned by the City of Dubuque by Lease Supplements between the City of
Dubuque, Iowa and Southwestco Wireless, Inc. D/B/A Verizon Wireless, and the City
Manager recommending approval.
RESOLUTION 295-18 Disposing of an interest in real property owned by the City of
Dubuque by Lease Supplements between the City of Dubuque, Iowa and Southwestco
Wireless, Inc. D/B/A Verizon Wireless
Suggested Disposition: Receive and File; Adopt Resolution(s)
Yays -
N s--,
Rios
Jones
i°
Buol
.Del Toro
i,. ------
'Resnick
Resnick
Larson
/,'-
Shaw
3. Maquoketa Valley Electric Cooperative Extension of Franchise
Proof of publication for notice of public hearing to consider approval of a 30 -day
extension to Maquoketa Valley Electric Cooperative's electric franchise agreement, and
the City Manager recommending approval.
ORDINANCE 38-18 Extending the term of the Franchise granted to Maquoketa Valley
Electric Cooperative
Suggested Disposition: Receive and File; Motion B; Motion A
Suspend the Readings
Yays
Nays
,
Rios
Jones
1.,.---
Buol
Del Toro
Resnick
Larson
a .,,
Shaw
1,1
Final Reading and Adopt
Yays
Nays
,
Rios
Jones
Buol
Del Toro
Resnick
Larson
—/
Shaw ,'
11
4. Maquoketa Valley Electric Cooperative Franchise Agreement
Proof of publication on notice of public hearing to consider approval of an ordinance
granting a new Franchise Agreement with Maquoketa Valley Electric Cooperative, and
the City Manager recommending approval.
ORDINANCE XX -XX Repealing Ordinance No. 20-04 and granting to Maquoketa Valley
Electric Cooperative, its successors and assigns, the right and non-exclusive franchise
to acquire, construct, erect, maintain and operate in the City of Dubuque, Iowa, an
electric system and to furnish and sell electric energy to the City and its inhabitants and
authorizing the City to collect franchise fees for a period of 25 years
Suggested Disposition: Receive and File; Table to November 5, 2018
Yays
Nays
Rios
p-7
Jones
Buol
Del Toro
Resnick
/`
Larson
Shaw
12
5. Maquoketa Valley Electric Cooperative Franchise Fee
Proof of publication on notice of public hearing to consider approval of an ordinance
imposing a franchise fee of 5% on Maquoketa Valley Electric Cooperative, and the City
Manager recommending approval.
ORDINANCE XX -XX Imposing a Franchise Fee of five percent (5%) on the gross
revenue generated from the distribution and sale of electricity within the City of
Dubuque by Maquoketa Valley Electric Cooperative
Suggested Disposition: Receive and File; Table to November 5, 2018
Yays
Nays
!�
Rios
!�
Jones
Buol
Del Toro
Resnick
Larson
-'
Shaw
13
v 4.€ A/ww,
A A
PUBLIC INPUT
14
ACTION ITEMS
1. Arts and Culturaal Master Plan Update
Arts and Cultural Affairs Commission providing an update on arts and cultural activities
over the last 12 months. There will be a brief presentation.
Suggested Disposition: Receive and File; Presentation
Yays
Nays
jig
Rios
v'''
Jones
Buol
Del Toro
Resnick
Larson
/ J
Shaw
15
2. Miracle League of Dubuque - Field Development Agreement, Naming
Recognition Request and CAT Grant Application for Veteran's Memorial Park
City Manager recommending approval of Miracle League Field Development
Agreement, Naming Recognition Request and CAT Grant Application for the Veteran's
Memorial Park.
RESOLUTION 296-18 Approving CAT Grant application to Enhance Iowa for Miracle
League of Dubuque Baseball Field and All -Inclusive Playground Project
Suggested Disposition: Receive and File; Approve and Adopt Resolution
Yays,
Nays
Rios
Jones
f/
Buol
Del Toro
!r--
Resnick
Larson
Shaw
/WO
16
3. SW Arterial Construction Update Videoi2z
Cable TV Division will show a video of the recent progress of the Southwest Arterial
Project for September 2018).
Suggested Disposition: Receive and File
Yays
Nays
Rios
Jones
Buol
s
Del Toro
Resnick
Larson
Shaw
17
COUNCIL MEMBER REPORTS
/145.-e°1-7
CLOSED SESSION @ p.m.
Pending Litigation and Real Estate Transfer Negotiations — Chapter 21.5(1)(c), -(j) Code
of Iowa
""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.
Yays
Nays
Rios
Jones
Buol
Del Toro
Resnick
Larson
Shaw
Reconvened in open session
ADOURNMENT @
Yays
Nays
Rios
Jones
Buol
Del Toro
r
Resnick
Larson
Shaw
18
TO: Kevin S. Firnstahl, City Clerk
You are hereby directed to call a Regular Session of the City Council to be
held on Monday, October 01, 2018 at 6:00 PM in the Historic Federal Building for
the purpose of conducting such business that may properly come before the City
Council.
4111
Luis Del Toro, syo • rem
Consent Items: Pages 1-4
Change to pre -meeting musical presentation
Kristina Castaneda and Nate Jenkins
Local musicians and educators in the Dubuque Community School District and
participants in the Business of the Arts event with the Arts and Cultural Affairs office.
I
PL-.41‘..001-'''