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10 7 19 City 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 7, 2019 in the second -floor Council Chamb.s of the Historic Federal Building, 350 W. 6th Street. / ' Present: Mayor Pro Tem Rios ouncil Members Del Toro, Jones(Resnick, Sh wiCity Manager Van Milligan, City Attorneys Brumwell Ab Myor 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. 5:=5 PM (Prior to the start of the regular meeting) The Heartland Marimba Quartet Music will perform via video in recognition of Arts and Humanities Month The Heartland Marimba Quartet is the primary performing ensemble of Heartland Marimba to give a platform to the music of American and international composers. Between October 7 and October 14, the quartet will visit and perform for 20 elementary and middle schools in the Dubuque area, connecting with approximately 6,000 students, as part of the Dubuque Arts Council's Artists in Residence program. PROCLAMATION(S) 1. Indigenous People's a ay (October 1. 2019)* Accepted by 4 2. Gentleman Day (Ocjober 16, 2019 Accepted by le L'J 3. Arts and Hum nities M t (October p19) Accepted by " /»4 � �y 574. kia 4. Trick -or -Treat Nigplipplober 31, 2019) Accepted by e 1 CONSENT ITEMS Yays Nays tit:"..., Shaw Rios ,p ', Buol be r Del Toro Resnick 1/ Jones 1. Minutes and Reports Submitted Cable TV Commission of 10/2; City Council proceedings of 9/16, 9/26; Civil Service Commission of 9/20; Housing Trust Fund Committee of 9/25; Housing Commission of 9/24; Library Board of Trustees Council Update #190 or 9/26/19; Proof of Publication for City Council proceedings of 8/26, 9/3, 9/9 and 9/16. Suggested Disposition: Receive and File 2. Notice of Claims and Suits Nick Helgerson for property damage, William Hickson for property damage, Mary Kisting for vehicle damage, LJR Investments, LLC c/o Linsy Adams for property damage, Jayantibhai Patel for property damage, Jhony Edgordo Ramirez 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: Nick Helgerson for property damage; William Hickson for property damage; Mary M. Kisting for vehicle damage; LJR Investments, LLC c/o Linsy Adams for property damage; Jayantibhai Patel for property damage; Jhony Edgordo Ramirez 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 344-19 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. Workers' Compensation Claims Administrative Services Agreement Addendum City Manager recommending approval of an Addendum to the Agreement between the City of Dubuque and Alternative Service Concepts (ASC) for services related to the administration of the City's Workers' Compensation Program that extends the Agreement through December 31, 2019. Suggested Disposition: Receive and File; Approve 2 Yays Nays Shaw Rios Buol Del Toro Resnick Jones 6. Community Development Block Grant Agreement (CDBG) with Dubuque Visiting Nurse Association City Manager recommending approval of the Community Development Block Grant Agreement with Dubuque Visiting Nurse Association and authorizes the Mayor to execute the agreement on behalf of the City. RESOLUTION 345-19 Authorizing execution of a Community Development Block Grant Agreement with Dubuque Visiting Nurse Association Suggested Disposition: Receive and File; Adopt Resolution(s) 7. Community Development Block Grant (CDBG) Agreement with Crescent Community Health Center City Manager recommending approval of the Community Development Block Grant Agreement with Crescent Community Health Center and authorizes the Mayor to execute the agreement. RESOLUTION 346-19 Authorizing execution of a Community Development Block Grant Agreement with Crescent Community Health Center Suggested Disposition: Receive and File; Adopt Resolution(s) 8. Community Impacts Related to FEMA Correspondence City Manager transmitting additional information on community impacts regarding correspondence with the Federal Emergency Management Agency (FEMA) from the September 16, 2019 City Council agenda. Suggested Disposition: Receive and File 9. Iowa Historic Tax Credit Report City Manager providing a copy of the Iowa Historic Tax Credit Report. Suggested Disposition: Receive and File 10. 2019 Justice Assistance Grant (JAG) Approval and Acceptance of Grant Award City Manager recommending acceptance of the 2019 Justice Assistance Grant (JAG) award. Suggested Disposition: Receive and File; Approve 3 Yays Nays Shaw Rios Buol Del Toro Resnick Jones 11. 2019 Bulletproof Vest Partnership (BVP) Approval and Acceptance of Grant Award City Manager recommending approval to accept the 2019 Bulletproof Vest Partnership grant award. Suggested Disposition: Receive and File; Approve 12. Hitzler Rental, LLC - Grant Agreement for 1902 Central Avenue City Manager recommending approval of a resolution approving a Grant Agreement between the City of Dubuque and Hitzler Rental, LLC to redevelop property at 1902 Central Avenue. RESOLUTION 347-19 Approving a Grant Agreement by and between the City of Dubuque, Iowa and Hitzler Rental, LLC for the Redevelopment of 1902 Central Avenue Suggested Disposition: Receive and File; Adopt Resolution(s) 13. National Disaster Resiliency Competition Grant Administrator to Resiliency Coordinator City Manager recommending approval to eliminate the Bee Branch Healthy Homes Grant Administrator position and re -instate the Resiliency Coordinator position as a Full - Time Equivalent position. Suggested Disposition: Receive and File; Approve 14. Public, Educational, and Government (PEG) Capital Grant Expenditure Request City Manager recommending approval of the Cable TV Commission's request for funding from the Public, Educational, and Government (PEG) Capital Grant for Access Equipment and Facilities for the purchase a new graphics server and a new playback server for the City of Dubuque's two government access cable channels. Suggested Disposition: Receive and File; Approve 15. Rejecting Bids for the Fire Station No. 6 External Stairwell Addition Project City Manager recommending rejection of the bids for the Fire Station 6 External Stairwell, so the City Fire Department and Engineering staff can value engineer the design and create alternatives that produce cost saving measures. RESOLUTION 348-19 Rejecting competitive bid proposals received for the Fire Station 6 External Stairway Addition Project Suggested Disposition: Receive and File; Adopt Resolution(s) 4 Yays Nays Shaw Rios Buol Del Toro Resnick Jones 16. East 5th Street Right -of -Way Dedication Plat City Manager recommending approval of the Acquisition Plat of Lot 2-1-A, Adams Company's 4th Addition, which provides additional right-of-way for the existing sidewalk and utilities on the south side of East 5th Street from Ice Harbor Road to Bell Street. RESOLUTION 349-19 Approving the Acquisition Plat of Lot 2-1-A, Adams Company's 4th Addition, in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 17. Acceptance of Grants of Easement for Sanitary Sewer Utility as Part of the Cedar Lake - East Fifteenth Addition Public Improvement Project City Manager recommending acceptance of the dedication of Grants of Easement for Sanitary Sewer Utility over part of Lot 3 of Mineral Lot 221, and part of Lot 11 of Cedar Lake Addition as part of the Cedar Lake — East Fifteenth Addition Public Improvements Project. RESOLUTION 350-19 Accepting Grants of Easement for Sanitary Sewer Utility Associated with the Cedar Lake - East Fifteenth Addition Public Improvements in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 18. Acceptance of Grant of Easement for Sanitary Sewer Utility for Mississippi Heights Subdivision City Manager recommending acceptance of a Grant of Easement for a sanitary sewer utility across 360 Mississippi View Drive owned by Lance L. Marting and Lori A. Marling. RESOLUTION 351-19 Accepting a Grant of Easement for Sanitary Sewer Utility Across Parts of Lot 1 of Mississippi Heights Subdivision No. 5 and Lot 10 of Mississippi Heights Subdivision No. 3, in the City of Dubuque Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 19. Emergency Retaining Wall Repair on Madison Street City Manager recommending approval of emergency repairs to the public retaining wall along Madison Street and the associated street pavement and sidewalk portions in the interest of public safety and welfare. RESOLUTION 352-19 Authorizing emergency repairs to the retaining wall on Madison Street and the associated street pavement and sidewalk portions Suggested Disposition: Receive and File; Adopt Resolution(s) 5 Yays Nays Shaw Rios Buol Del Toro Resnick Jones 20. U.S. Environmental Protection Agency (EPA) Consent Decree Semi Annual Report City Manager transmitting the September 30, 2019 Consent Decree Semi Annual Report required to be submitted to the U.S. Environmental Protection Agency. Suggested Disposition: Receive and File 21. Civil Service Commission - Certified Lists Civil Service Commission submitting certified lists for the positions of Sanitation Driver, Utility Worker, and Water Plant Operator. Suggested Disposition: Receive and File; Make Matter of Record 22. Citizen Petition - Climate Emergency Declaration Citizen petition submitted by Richard Fischer regarding a declaration of Climate Emergency and Demand for Climate Justice. Suggested Disposition: Receive and File; Refer to Resilient Community Advisory Commission 23. Exploratory Effort to Form a Mississippi River Port of Eastern Iowa and Western Illinois Port Statistical Area City Manager recommending approval of a letter to be sent to Bi -State Regional Commission expressing support for an exploratory study of the designation of eastern Iowa and western Illinois as a port statistical area. Suggested Disposition: Receive and File; Approve 24. Signed Contract(s) Braun Intertec for Roosevelt Street Water Tower Advanced Geotechnical Inspection and Testing (Pressure Zone 2); Dubuque Rescue Mission Revocable License for placement of planters and trash receptacles in the public right-of-way at 389 Main Street. Suggested Disposition: Receive and File 25. Improvement Contracts / Performance, Payment and Maintenance Bonds Tschiggfrie Excavating Co. for the East Blum Site Foundation and Contaminated Soil Removal Project Suggested Disposition: Receive and File; Approve 6 Yays Nays Shaw Rios Buol Del Toro Resnick Jones 26. Alcohol and Tobacco License Applications City Manager recommending approval of annual liquor, beer, wine and tobacco license applications as submitted. RESOLUTION 353-19 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 RESOLUTION 354-19 Approving applications for retail cigarette/tobacco sales/nicotine/vapor permits, as required by Iowa Code Chapter 453A.47A Suggested Disposition: Receive and File; Adopt Resolution(s) 7 ITEMS SET FOR PUBLIC HEARING 1. Merge, LLC Development Agreement 2. Greater Downtown Urban Renewal District - Resolution of Necessity 3. Establishment of the Dubuque Urban Revitalization District 11/18/19 4. Progressive Processing, LLC Third Amendment to Development Agreement 5. Walter Development, LLC; BAS Development, LLC; and Unison Solutions Development Agreement 6. Walter Development, LLC Development Agreement 7. Ice Harbor Flood Gate Abutment Repair Project 8. Dubuque Industrial Center West (DICW) Urban Renewal Plan Amendment 2019.1 - Resolution of Necessity 11/4/19 9. Multicultural Family Center Expansion and Renovation Project 10/21/19 Yays Nays ,` Shaw Rios Buol Del Toro Resnick '' Jones 1. Merge, LLC Development Agreement City Manager recommending that the City Council set a public hearing for November 18, 2019, on the proposed Development Agreement between Merge, LLC and the City of Dubuque providing for the sale of City -owned real estate in Greater Downtown Urban Renewal District to Merge, LLC and the issuance of Urban Renewal Tax Increment Revenue Grant obligations. RESOLUTION 355-19 (1) Approving the Minimum Requirements, Competitive Criteria, and Offering Procedures for the Development and the Sale of Certain Real Property And Improvements in the Greater Downtown Urban Renewal District; (2) Determining that the Offer to Purchase submitted by Merge, LLC satisfies the Offering Requirements with respect to the real property and improvements and declaring the intent of the City Council to approve the sale to Merge, LLC in the event that no competing proposals are submitted; and (3) Soliciting competing proposals Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for November 18, 2019 2. Greater Downtown Urban Renewal District - Resolution of Necessity City Manager recommending approval of a resolution that authorizes and directs the City Manager to prepare a proposed Amended and Restated Urban Renewal Plan for 8 the Greater Downtown Urban Renewal District and sets a public hearing for November 18, 2019, on the proposed Amended and Restated Urban Renewal Plan. RESOLUTION 356-19 Authorizing and directing the City Manager to prepare an Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District, and setting dates of hearing and consultation on a proposed Amended and Restated Urban Renewal Plan for said District Suggested Disposition: Receive and File; Adopt Resolution, Set Public Hearing for November 18, 2019 3. Establishment of the Dubuque Urban Revitalization District City Manager recommending adoption of a resolution setting a public hearing for November 18, 2019, on the Dubuque Urban Revitalization Plan. RESOLUTION 357-19 Finding that the designation of the Dubuque urban Revitalization Plan is necessary in the interest of the public health, safety and welfare of the residents of the City of Dubuque and providing for a public hearing thereon Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for November 18, 2019 4. Progressive Processing, LLC Third Amendment to Development Agreement City Manager recommending approval of a Third Amendment to the Development Agreement between the City of Dubuque and Progressive Processing, LLC to facilitate Progressive Processing's expansion. RESOLUTION 358-19 Resolution of Intent to consider a proposed Third Amendment to Development Agreement; fixing the date for a public hearing of the City Council of the City of Dubuque, Iowa on the proposed issuance of Urban Renewal Tax Increment Revenue Grant Obligations to Progressive Processing, LLC; and providing for the publication of notice thereof Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for November 4, 2019 5. Walter Development, LLC; BAS Development, LLC; and Unison Solutions Development Agreement City Manager recommending that the City Council set a public hearing for November 4, 2019, on a proposed Development Agreement by and among the City of Dubuque, Walter Development, LLC, BAS Development, LLC, and Unison Solutions, Inc. providing for the sale of city -owned real estate to BAS Development, LLC and the issuance of Urban Renewal Tax Increment Revenue Grant Obligations. RESOLUTION 359-19 Resolution of Intent to dispose of an interest in City of Dubuque Owned real estate by sale to BAS Development, LLC pursuant to a proposed Development Agreement; fixing the date for a public hearing of the City Council of the City of Dubuque, Iowa on the proposed sale of the real estate and on the issuance of Urban Renewal Tax Increment Revenue Grant Obligations to Unison Solutions, Inc.; and providing for the publication of notice thereof Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for November 4, 2019 9 6. Walter Development, LLC Development Agreement City Manager recommending that the City Council set a public hearing for November 4, 2019 to approve the Development Agreement between the City of Dubuque and Walter Development, LLC. RESOLUTION 360-19 Resolution of Intent to dispose of an interest in City of Dubuque real estate pursuant to a Development Agreement Between the City of Dubuque and Walter Development, LLC and fixing the date for a public hearing of the City Council of the City of Dubuque, Iowa on the Development Agreement including the proposed issuance of Urban Renewal Tax Increment Revenue Grant Obligations and providing for the publication of notice thereof Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for November 4, 2019 7. Ice Harbor Flood Gate Abutment Repair Project City Manager recommending initiation of the public bidding procedure for the Ice Harbor Gate Abutment Repair Project, and further recommends that a public hearing be set for November 4, 2019. RESOLUTION 361-19 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 of bids Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for November 4, 2019 8. Dubuque Industrial Center West (DICW) Urban Renewal Plan Amendment 2019.1 - Resolution of Necessity City Manager recommending approval of a Resolution of Necessity which finds that an Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic Development District is both necessary and appropriate and sets a public hearing on the proposed Amended and Restated Urban Renewal Plan for November 4, 2019. RESOLUTION 362-19 Authorizing and directing the City Manager to prepare an Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic Development District, and setting dates of hearing and consultation on the proposed Amended and Restated Urban Renewal Plan for said District Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for November 4, 2019 9. Multicultural Family Center Expansion and Renovation Project City Manager recommending initiation of the public bidding procedure for the Multicultural Family Center Expansion and Renovation Project, and further recommends that a public hearing be set for October 21, 2019. RESOLUTION 363-19 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 October 21, 2019 10 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. Human Rights Commission (Review) One, 3 -Year term through January 1, 2021 (Vacant term of Templeton). Applicants: Dan Chatfield, 2780 Pennsylvania Ave.; Michael J. Durnin, 3560 Pennsylvania Ave.; and 1,. -Kathy McCarthy, 3491 Waller St. This commission is subject to the State of Iowa Gender Balance. ,w. 9Commis sloners otal; currently 5 male /2 females/1 Opening 9 2. Transit' Advisory Board (Review) One, 3 -Year term through July 30, 2022 (Vacant term of Lohrmann). Applicant: Luanna Gerdemann, 4929 Little Valley Dr. 11 PUBLIC HEARINGS 1. Grant of Easement for Private Parking Lot Improvements Across West 9th Street Right -of -Way Proof of publication on notice of public hearing to consider approval of a Grant of Easement for private parking lot improvements across City -owned property in the West 9th Street right-of-way and the City Manager recommending approval. RESOLUTION 364-19 Disposing of an interest in City of Dubuque real estate 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 to Woodward Communications, Inc. Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays j/ Shaw Rios j Buol(/7--') Del Toro r Resnick 'R Jones 12 2. Sale of City -Owned Property at 799 Rush Street Proof of publication on notice of public hearing to consider the sale of City -owned property located at 799 to the abutting property owners, Eric and Beth Hemmer, for consolidation into one parcel; and the City Manager recommending approval. RESOLUTION 365-19 Disposing of City Interest in real estate located at 799 Rush Street in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays Shaw Rios Buol Del Toro Resnick Jones 13 ikeei PUBLIC INPUT 14 ,R/ ACTION ITEMS Ad,.,i(// 1. Flexsteel Industries Termination of Redevelopment Project Agreement and Amendment to City -County Purchase Agreement City Manager recommending approval of the Termination of Redevelopment Project Agreement between and among Flexsteel Industries Inc., Dubuque County, Dubuque Initiatives and the City of Dubuque and the Amendment to Offer to Buy Real Estate and Acceptance between Dubuque County and the City of Dubuque. RESOLUTION 366-19 Approving the termination of Redevelopment Project Agreement by and among the City of Dubuque, Iowa, ("City"), Dubuque Initiatives, ("Initiatives"), Flexsteel Industries, Inc., ("Flexsteel"), and County of Dubuque, Iowa, ("County") (Collectively the "Parties") RESOLUTION 367-19 Approving an Amendment to Offer to Buy Real Estate and Acceptance between the City of Dubuque and Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) Yays, Nays ;Shaw ,Rios Buol 6i o Del Toro Resnick Jones 15 2. Southwest Arterial Construction Update Video Cable TV Division will show a video of the recent progress of the Southwest Arterial Project for September 2019. Suggested Disposition: Receive and File; Video Presentation Yays Nays / Shaw ,,Rios Buol -141') Del Toro Resnick 1v --Jones 16 13Y/ COUNCIL MEMBER REPORTS '51 J' Azweil,e4iP 17(00rAe 6€10) ADJOURNMENT Yays Nays , Shaw .4.---- f Rios Buol L-.---, Del Toro Resnick Jones 17 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 07, 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. Ja Consent Items: Pages 1-5 A. Rios, Mayor Pro Tem