Loading...
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-'''