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9 16 19 Clerk's Skeleton NotesCITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in regular session at 6:00 p.m. on September 16, 2019 in the second -floor Council Chambers of the Historic Federal„Buiilding, 350W. 6t” Street. Present: Mayor B' uol; Council Members eC l Toro, Jones, Resnick, Rios, Sfhaw; City Manager Van MJJIigen, City Attorney-Brumwell Ab 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 PRESENTATION(S) 1. Iowa D.A.R.E Officers Association Award The 2019 Iowa D.A.R.E Officers Association 5 -Star Volunteer Award will be presented to Michael Duehr of the Fraternal Order of Eagles by Police Chief Mark Dalsing, City of Dubuque D.A.R.E. Officer Police Officer Rick Fullmer and Dubuque County D.A.R.E Officer Sheriffs Deputy Sara Jenaman. PROCLAMATION(S) 1. Days of Peace and Nonviolence (September 17-29, 2019) he 2. Rail Safety Week (September 22-28, 2019) Q 3. Crop Walk Day (October 6, 2019) 4. Brain Health Awareness Month (October 2019) 1 CONSENT ITEMS Yays Nays Resnick Jones Del Toro Rios Shaw Buol 1. Minutes and Reports Submitted Arts and Cultural Affairs Advisory Commission of 8/27; City Council Proceedings of 9/3, 9/9; Cable TV Commission of 9/4; Housing Commission of 8/27; Library Board of Trustees of 7/25; Zoning Advisory Commission of 9/4; Zoning Board of Adjustment of 8/22; Proof of Publication for City Council Proceedings of 8/12, 8/13, 8/14, 8/19. Suggested Disposition: Receive and File 2. Notice of Claims and Suits Ronald Bahr for vehicle damage, Alec Lee Benson for vehicle damage, Michael Dorr for vehicle damage, Keaton Kephart for vehicle damage, Michael and Jill Pankow for property damage, Christy Reed 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: Ronald Bahr for vehicle damage, Alec Lee Benson for vehicle damage, Michael Door for vehicle damage, Keaton Kephart for vehicle damage, Michael and Jill Pankow for property damage, Christy Reed for property damage. Suggested Disposition: Receive and File; Concur 4. Approval of City Expenditures City Manager recommending City Council approval for payment of City expenditures. RESOLUTION 329-19 Authorizing the Director of Finance and Budget/City Treasurer to make certain payments of bills that must be paid and approved for payment in accordance with City procedures Suggested Disposition: Receive and File; Adopt Resolution(s) 5. Fiscal Year 2019 State of Iowa Street Financing Report City Manager recommending approval of the City of Dubuque's Fiscal Year 2019 City Street Financing Report and authorize filing with the Iowa Department of Transportation. RESOLUTION 330-19 Approving the City of Dubuque Fiscal Year 2019 City Street Financing Report Suggested Disposition: Receive and File; Adopt Resolution(s) 2 Yays Nays Resnick Jones Del Toro Rios Shaw Buol 6. 2019 Washington Neighborhood Market Analysis Update City Manager transmitting the 2019 Washington Neighborhood Market Analysis Update. Suggested Disposition: Receive and File 7. Consultant Selection for Preparation of a Consolidated Plan and Analysis of Impediments for Fair Housing City Manager recommending approval of the selection of Public Works, LLC to prepare the HUD -approved 2021-2025 Community Development Block Grant Consolidated Plan and to conduct an Analysis of Impediments to Fair Housing, and authorize the City Manager to sign an Agreement for Professional Services with Public Works, LLC. Suggested Disposition: Receive and File; Approve 8. Recording the Award for the Hillcrest Rd. -Rosemont St. Detention Basin Project City Manager recommending that the award for the Hillcrest -Rosemont Detention Basin Project by Eastern Iowa Excavating & Concrete, LLC be officially recorded in the minutes of the City Council. Suggested Disposition: Receive and File; Make Matter of Record 9. Recording the Award for the Amy Court Drainage Improvements Project City Manager recommending that the award for the Amy Court Drainage Improvements Project to Drew Cook & Sons Excavating Co., Inc. be officially recorded in the minutes of the City Council. Suggested Disposition: Receive and File; Make Matter of Record 10. Iowa Department of Public Health (IDPH) Interagency (28E) Agreement City Manager recommending approval to continue the City's contract with the Iowa Department of Public Health for the inspection of swimming pools and spas and tattoo parlors in Dubuque County. Suggested Disposition: Receive and File; Approve 11. Pre -Annexation Agreement with Bartels and Oberbroeckling City Manager recommending approval of a Pre -Annexation Agreement with Merlin C. Bartels, Dean H. Bartels and Joan M. Bartels, property owners, and contract buyer Ned Oberbroeckling, for property located at 15397 North Cascade Road, in conjunction with their request to connect to City water. RESOLUTION 331-19 Approving a Pre -Annexation Agreement between the City of Dubuque, Iowa and Merlin C. Bartels, Dean H. Bartels and Joan M. Bartels and Ned Oberbroeckling Suggested Disposition: Receive and File; Adopt Resolution(s) 3 Yays Nays Resnick Jones Del Toro Rios Shaw Buol 12. CSB Consulting Company Redevelopment of Property at 1838 Central Avenue City Manager recommending approval of a Grant agreement between the City of Dubuque and CSB Consulting Company to redevelop property at 1838 Central Avenue to create three, upper -story apartments in the building. RESOLUTION 332-19 Approving a Grant Agreement by and between the City of Dubuque, Iowa and CSB Consulting Company for the redevelopment of 1838 Central Avenue Suggested Disposition: Receive and File; Adopt Resolution(s) 13. Public, Educational, and Government (PEG) Capital Grant Expenditure Request City Manager recommending approval of as request from the Cable TV Commission for funding from the Public, Educational, and Government (PEG) Capital Grant for Access Equipment and Facilities for Loras College to purchase a new video switcher for its control room. Suggested Disposition: Receive and File; Approve 14. Final Plat of Cedar Lake - East Fifteenth Addition Zoning Advisory Commission recommending approval of the Final Plat of Cedar Lake East Fifteenth Addition. RESOLUTION 333-19 Approving Final Plat of Cedar Lake - East Fifteenth Addition, in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 15. Housing Commission Liaison Appointment to the Housing Trust Fund Committee Correspondence from the Housing Commission requesting approval of Commissioner Rick Baumhover to be appointed to the Housing Trust Fund Committee as its liaison. Suggested Disposition: Receive and File; Approve 16. Federal Emergency Management Association (FEMA) Correspondence. City Manager providing a copy of correspondence to the Federal Emergency Management Association (FEMA) in response to its questions related to the Dubuque County Flood Hazard Mapping Project that include Dubuque's Certified Floodwall/Levee System. Suggested Disposition: Receive and File 4 Yays Nays Resnick Jones Del Toro Rios Shaw Buol 17. Amendment to Resolution Approving Prepayment of Claims City Manager recommending approval of an amendment to the resolution approving prepayment of claims. RESOLUTION 334-19 Approving prepayment of claims as amended Suggested Disposition: Receive and File; Adopt Resolution(s) 18. 2020 Census Partnership Program City Manager recommending approval of a letter from Mayor Roy D. Buol on behalf of the City of Dubuque requesting to join the 2020 Census Partnership Program. Suggested Disposition: Receive and File; Approve 19. New Cities of Opportunity Application City Manager recommending approval to submit the City of Dubuque's New Cities of Opportunity application to the National League of Cities. Suggested Disposition: Receive and File; Approve 20. Coalition of Communities Agreement City Manager recommending approval to join the Coalition of Communities to appeal the Federal Communications Commission's order that allows cable companies to treat in-kind benefits as franchise fees. Suggested Disposition: Receive and File; Approve 21. Acceptance of Storm Water Detention - English Ridge Subdivision City Manager recommending acceptance of the Warranty Deed for the storm water detention lot that the developer, English Ridge, LLC, is dedicating in English Ridge Subdivision. RESOLUTION 335-19 Accepting a Deed to Lot A in English Ridge Subdivision, in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 22. Acceptance of the West Third Street Pumping Station Standby Generator 2018 Project City Manager recommending acceptance of the West Third Street Pump Station Standby Generator 2018 project, as completed by A&G Electric. RESOLUTION 336-19 Accepting the West Third Pumping Station Standby Generator 2018 Project and authorizing final payment to the contractor Suggested Disposition: Receive and File; Adopt Resolution(s) 5 Yays Nays Resnick Jones Del Toro Rios Shaw Buol 23. Bunker Hill Irrigation Replacement Project Phase 3 Initiation of Bids City Manager recommending initiation of the bidding procedure for the Bunker Hill Irrigation Replacement Project Phase 3 (of 3). Suggested Disposition: Receive and File; Approve 24. Citizen Petition for Amendment to Residential Parking Permit District H - Lea Lane Receipt of Citizen Petition for an amendment to Residential Parking Permit District H to include Lea Lane. Suggested Disposition: Receive and File; Refer to City Manager 25. U.S. Cellular Re -Submittal Master Lease Agreement and Supplement - Dubuque Cellular Telephone L.P. (U.S. Cellular) City Manager recommending re -approval of the Supplemental Agreement with Dubuque Cellular Telephone L.P. (U.S. Cellular) as part of the U.S. Cellular Re -Submittal Master Lease Agreement and Supplement with the City of Dubuque. Suggested Disposition: Receive and File; Approve 26. Request for Proposal - Consulting Services for Geodetic Control Network Update and Aerial Photography Project City Manager recommending approval of the release of a Request for Proposal to provide consulting services for geodetic control network update and aerial photography project. Suggested Disposition: Receive and File; Approve 27. Inspector 1 Full -Time Position Reclassified to an Inspector 2 City Manager recommending approval to reclassify one full-time equivalent Inspector 1 position to an Inspector 2 position in the Housing and Community Development Department. Suggested Disposition: Receive and File; Approve 28. City Assessor - Notice of Tax Assessment Appeals Correspondence from City Assessor Troy Patzner advising the City of three 2019 tax assessment appeals from the Dubuque City Board of Review. Suggested Disposition: Receive and File 6 Yays Nays Resnick Jones Del Toro Rios Shaw Buol 29. Signed Contract(s) Strand Associates, Inc. for the Catfish Creek Sanitary Interceptor Sewer Capacity Analysis Amendment No. 1 to Task Order No. 18-04; and the Cedar/Terminal Streets Force Mains and Lift Stations Assessment and Improvements Project / Cedar Street Force Main Air Release Valve Replacements Task Order No. 19-01; East Central Development Corporation Lease Agreement for Federal Building space; Lamar Companies Lease Agreement for City property located at 280 South Locust Street. Suggested Disposition: Receive and File 30. Improvement Contracts / Performance, Payment and Maintenance Bonds Drew Cook & Sons Excavating Company, Inc. for the Amy Court Drainage Improvements Project; Eastern Iowa Excavating & Concrete, LLC for the Hillcrest - Rosemont Streets Detention Basin Project. Suggested Disposition: Receive and File; Approve 31. Alcohol License Applications City Manager recommending approval of annual beer, liquor and wine licenses as submitted. RESOLUTION 337-19 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) 7 ITEMS SET FOR PUBLIC HEARING eff 1. Grant of Easement for Private Parking Lot Improvements Across West 9th Street Right -of -Way City Manager recommending that the City Council set a public hearing for October 7, 2019 on a Grant of Easement for private parking lot improvements across City -owned property in the West 9th Street right-of-way. RESOLUTION 338-19 Resolution of Intent to dispose of City interest by Grant of Easement for private parking lot improvements across part of the West 9th Street right- of-way lying within City Lot 688 in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for October 7, 2019 2. Sale of City -Owned Property at 799 Rush Street City Manager recommending that the City Council set a public hearing for October 7, 2019 on the intent to dispose of 799 Rush Street to the abutting property owners, Eric and Beth Hemmer, for consolidation into one parcel. RESOLUTION 339-19 Resolution of Intent to dispose of an interest in City of Dubuque real estate, setting a time and place for hearing and providing for the publication of notice thereof Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for October 7, 2019 Yays, Nays +/ Resnick Jones Del Toro Rios -Shaw Buol 8 PUBLIC HEARINGS 1. Proceedings for the Public Hearing on the Authorization of Not -to -Exceed $170,000 General Fund Lease Agreement — Postage Machine Proof of publication on notice of public hearing to approve the suggested proceedings for the public hearing on the authorization of a general fund lease agreement not -to - exceed $170,000 to acquire a postal machine for the City of Dubuque, and the City Manager recommending approval. RESOLUTION 340-19 Instituting proceedings to take additional action for the authorization of a lease agreement (General Fund) in the principal amount of not -to - exceed $170,000 to acquire personal property for the City Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays i— Resnick Jones ,. Del Toro Rios —t Shaw e Buol 9 2. Proceedings for the Public Hearing on the Authorization of Not -to -Exceed $25,000 General Fund Lease Agreement — Mail Room Printer Proof of publication on notice of public hearing to consider approval of the suggested proceedings for the public hearing on the authorization of a general fund lease agreement not -to -exceed $25,000 for a mail room printer, and the City Manager recommending approval. RESOLUTION 341-19 Instituting proceedings to take additional action for the authorization of a Lease Agreement (General Fund) in the principal amount of not -to - exceed $25,000 to acquire personal property for the City. Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays Resnick 7 Jones Del Toro Rios -Shaw Buol ec 10 PUBLIC INPUT /4/I2 1)/Id A, 10 ACTION ITEMS i`j7 1. Greater Dubuque Development Corporation - Quarterly Update President and CEO Rick Dickinson to present the quarterly update on the activities of the Greater Dubuque Development Corporation. Suggested Disposition: Receive and File Yays Nays / Resnick Jones Del Toro Rios Shaw Buol re;--2l� 50- 0/ fd9 "Of Jag- efaA) 12 iui pekeu'/ 2. Hormel Foods Corporation - Iowa Economic Development Administration Application City Manager recommending approval of the submission of a Business Financial Assistance Application to the Iowa Economic Development Authority on behalf of Hormel Foods Corporation and Progressive Processing, LLC for the proposed expansion of its operations in Dubuque. RESOLUTION 342-19 Authorizing the filing of an application with the Iowa Economic Development Authority for business financial assistance on behalf of Hormel Foods Corporation and Progressive Processing, LLC Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays Resnick Jones Del Toro Rios Shaw r Buol 13 3. Consultant Selection for Equitable Poverty Prevention Plan City Manager recommending approval of the selection of Public Works, LLC as the consultant for the Equitable Poverty Prevention Plan and authorization for the City Manager to sign the Agreement for Professional Services with Public Works, LLC. Suggested Disposition: Receive and File; Approve Yays Nays Resnick Jones ivi --- Del Toro rte'; Rios Shaw Buol 14 tiiym /e) /1/.//614,21 4. Third Ward Council Member Vacancy City Clerk submitting Letters of Interest / Resumes for consideration in filling the Council Member vacancy for the Third Ward. Due to the late submission deadline, Letters of Interest / Resumes will become available after 5:00 p.m. on Friday, September 13. Suggest 'i....iti n: Receive nd File; Connors Larson Resnick Jones Del Toro Rios Shaw Buol et, "fte,V „egoe',/ede„, Connors ' Larson Resnick Jones Del Toro t,----- ( - Rios 1------ Shaw Buol �. Connors Larson Resnick Jones Del Toro Rios Shaw Buol et, "fte,V „egoe',/ede„, /1,z9 COUNCIL MEMBER REPORTS G ADJOURNMENT Yays,, Nays ° esnick /i Jones Del Toro Rios Shaw 1--'"-- rf- Buol 16 TO: Kevin S. Firnstahl, City Clerk You are hereby directed to call a Regular Session of the City Council to be held on Monday, September 16, 2019 at 6:00 PM in the Historic Federal Building for the purpose of conducting such business that may properly come before the City Council. Consent Items: Pages 1-5 s v Roy D. Buol, Mayor TelegraphHerald.com • Telegraph Herald • Sunday, September 15, 2019 11A Got atip? Please contact us Dustin Kass, Local Content Editor dustin.kass@THmedia.com 563-588-5663 or 800-553-4801 III 1111 1111 I I 1111111111 MI I II I 11111 III 11111111111111111111 II I I 1111111 III 1111 III I II I1111I I 1 I I I I I1II I I III I I I I I I III III I II 111111111111111111111 11 I I I 11111 I I I I 11111111111111111 111111111111111 III I111111101111111111111111111111 icials excluded from New View committee edit of the organization re- arlier this year found that, yt. 30, 2018, the organiza- 1 accumulated a net asset if $204,960 and an unre- deficit of $424,407. rly August, the agency re- -led its e--ledits contract with the :art Program, which pro- lout $2.2million in federal for Operation: New View. ass of the program has re- tie organization to restruc- ludget. a nv - budget still being ed( e Drahozal, chair - the hoard, appointed a id -hoc committee that will possible solutions to help peration: New View more lly stable. ought the committee e able to, really tackle this issue better," Drahozal said. "It's a smaller team that can look at sev- eral options." Drahozal said the commit- tee will explore several different options, including merging with anoth- er community action agency in Iowa. However, Dubuque County supervisors are upset that they Steve weren't invited to par- Drahozal ticipate. "The chair did not want our involvement," said Su- pervisor Jay Wickham.`"It got con- tentious. I certainly objected:' The six -member committee, made up of members of the board of directors, consists of Delaware County Supervisor Shirley Helm- richs, Jackson County -Supervisor jack Willey, Dubuque City Council Member Brett Shaw, Laura Rous - sell, Ron Collins andDrahozal. Operation: New View's local fund- ing comes primarily from four ,sources: Dubuque County, the City of Dubuque, Jackson County and Delaware County. Wickham said Dubuque County is the only party that will not be represented in the special com- mittee. Drahozal said he believes Dubuque County supervisors already are focused on dissolv- ing the organization's 28E agree- ment. He said he only wants Jay Wickham See NEW VIEW, PAGE 12A 2 former Dubuque City Council members apply to temporarily rejoin board Two former Dubuque City Council members made it official and applied to be reappointed to the board on a tempo- rary basis. Kate Larson and Joyce Connors, the two most -recent Ward 3 council members, each have filed applications to fill the position through the end of the year. Council members will consider the applica- tions during a meeting at 6 p.m. Monday, Sept. 16, at the Historic Federal Building, 350 W. Sixth St. The opening was created when Larson recently re- signed midway through her first term due to an upcom- ing move out of the state. She did so early enough that her seat will be on the Nov 5 ballot, with the winner starting in January and serv- ing the fmal two years of Larson's term. But council members are consider- ing appointing someone to fill the role through the end of December. Larson has volunteered to briefly re- take her seat. So, too, has Larson's pre- decessor, Connors, who held the seat for 16 years. "In my tenure on council, I prided my- self on my attention to Ward 3 citizens," Connors wrote in a letter of interest. In Larson's letter, she noted that she is "up to speed on the many matters facing the city." "I have governed alongside you with dignity and dedication, attending every council meeting since being sworn in, save one," she wrote. Kate Larson Joyce Connors Police: Employee stole smartphones worth $6,500 from Dubuque retailer Police said a Dubuque retail chain worker stole more than $6,500 worth of smartphones from his employer. Levi S. Reed, 22, no address listed, was arrested at 6:05 a.m. Friday at the Dubuque Law Enforcement Center, 770 Iowa St., on a warrant charging sec- ond-degree theft. rill in rinrnmAntc ctatn tlnmt n Ince rn•c,_