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1 21 20 City Clerk's Skeleton Notes and Meeting CallCITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION The Dubuque City Council met in special session at 5:30 p.m. on January 21, 2020 in the second -floor Council Chambers of the Historic Federal Building, 350 W. 6th Street. ,Present: Mayor Pro Tem Jones, MayrrrB` I ( a teheep-han=e); Council Members ,,,,°`Cavanagh, Res ick, Rousell, Shaw,W,,Sprank; City Manager Van Milligen, City Attorney Brumwell Absent: Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of conducting a work session on Dubuque County Conservation Comprehensive Parks, Trails, and Open Spaces Draft Master Plan. WORK SESSION Dubuque County Conservation Comprehensive Parks, Trails, and Open Spaces Draft Master Plan Adjournment @ Yays, Nays V / Shaw ,Cavanagh _� Roussell,7 Resnick �.. Sprank Jones p.m. AO 6 pela 1 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in regular session at 6:00 p.m. on January 21, 2020 in the second -floor Council Chambers of the Historic Federal Building, 350 W. 6th Street. Present: Mayor Pro Tem Jones, Mayor Buol (Via Telephone); Council Members 'Cavanagh, Resnik, Rousell, Shaw, Sprank; City Manager Van Milligen, City Attorney Brumwell °-- .w~ ! m- Abst 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. Student Presentation on City Life Experience `' Vi. 1/11,4"4)' Students from the Community School District's Alternative Learning Center will provide short presentation on their experiences from participating in the City Life session as art of their current Social Studies course on civic engagement and local government. '`= PROCLAMATION(S) 1. Dubuque Eagles "Eyes on the Future" Month (January 2020) was accepted by Michael Duehr on behalf of the Dubuque Fraternal Order of Eagles.114n AS r 9.:7 9 CONSENT ITEMSP Yays Nays Shaw Buol �.' Cavanagh s Roussell . Resnick Sprank Jones 1. Minutes and Reports Submitted Arts and Cultural Advisory Commission of 12/17/19 and Working Group updates of 11/26/19, 12/17/19; Cable TV Commission of 1/8/20; City Council proceedings of 1/6/20, 1/13/20; Community Development Advisory Commission of 12/18/19; Five Flags Civic Center Advisory Commission of 11/25/19, 12/17/19; Resilient Community Advisory Commission of 1/2/20; Zoning Advisory Commission of 1/2/20; Proof of Publication for City Council Proceedings of 12/16/19. Suggested Disposition: Receive and File 2. Notice of Claims and Suits Michael and Cassie Foley 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: Michael and Cassie Foley 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 16-20 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. Request for Nuisance Specialist Position City Manager recommending approval to add a Nuisance Specialist position in the Housing Inspection Division to start as soon as February 1, 2020. Suggested Disposition: Receive and File; Approve 3 Yays Nays Shaw Buol Cavanagh Roussel) Resnick Sprank Jones 6. Iowa Worker Adjustment and Retraining Act Notification - McGraw-Hill Correspondence from Dana Kramer, Sr. Manager, Culture & Talent Services for McGraw-Hill, notifying the City in accordance with the Iowa Worker Adjustment and Retraining Act (WARN) of a restructuring in McGraw-Hill's operations resulting in certain positions being eliminated from their facility at 501 Bell Street. Suggested Disposition: Receive and File 7. Q Casino Request for Additional Funds from Depreciation and Improvement (D&E) Fund City Manager recommending approval of a request from Dubuque Racing Association President and CEO Jesus Aviles for additional funding from the Depreciation and Improvement (D&I) Fund to be used toward the administration steps and canopy project at the Q Casino. Suggested Disposition: Receive and File; Approve 8. Affordable Housing Network, Inc. Agreement to Rehabilitate Rental Units City Manager recommending approval of an agreement with Affordable Housing Network, Inc. for funding to rehabilitate a minimum of 16 rental units over the next five years using HOME loan repayment funds. RESOLUTION 17-20 Approving an Agreement with Affordable Housing Network, Inc. for the rehabilitation of residential property within the City of Dubuque for resale or rental to low- and moderate -income families Suggested Disposition: Receive and File; Adopt Resolution(s) 9. Accepting the 2019 Pavement Marking Project City Manager recommending acceptance of the construction contract for the 2019 Pavement Marking Project as completed by SELCO, Inc. RESOLUTION 18-20 Accepting the 2019 Pavement Marking Project and authorizing the payment to the contractor Suggested Disposition: Receive and File; Adopt Resolution(s) 4 Yays Nays Shaw Buol Cavanagh Roussell Resnick Sprank Jones 10. Awarding the Automatic Fare Collection System and On -Demand Response System for the Jule Transit Fleet City Manager recommending that the Jule Transit Automatic Fare Collection System be awarded to GenFare, and the On -Demand Response System be awarded to Ecolane. RESOLUTION 19-20 Awarding the supply and installation of an Automatic Fare Collection System and On -Demand Response System for the Jule Transit Fleet Project Suggested Disposition: Receive and File; Adopt Resolution(s) 11. 2020-2023 AmeriCorps Partners in Learning Campaign for Grade Level Reading Grant Application City Manager recommending approval of the 2020-2023 AmeriCorps Partners in Learning Campaign for Grade -Level Reading grant application recently submitted to the Iowa Commission on Volunteer Services and now submitted to the Corporation for National and Community Service. Suggested Disposition: Receive and File; Approve 12. Iowa Economic Development Authority - HUD National Disaster Resiliency Infrastructure Grant Update City Manager recommending authorization for the Mayor to sign a letter to the Iowa Economic Development Authority outlining the budget status and possible amendment to Contract #13-NDRI-011 associated with the Bee Branch Watershed Flood Mitigation Project. Suggested Disposition: Receive and File; Approve 13. Iowa Economic Development Authority - HUD National Disaster Resiliency Competition Grant Budget Status City Manager recommending authorization for the Mayor to sign a letter to the Iowa Economic Development Authority outlining the budget status to Contract #13-NDRH- 001 associated with the Bee Branch Watershed Flood Mitigation Project. Suggested Disposition: Receive and File; Approve 5 Yays Nays r):jShaw Buol / Cavanagh / Roussel! r Resnick Sprank kl Jones OV-44/./ A41(// Accepting Deeds for Property Owned by Dubuque's True North Corporation ity Manager recommending acceptance of deeds from Dubuque's True North Corporation for the following properties: 305 East 22nd Street, 821 Garfield Avenue, 1448 Jackson Street, Empty Lot adjacent to 1448 Jackson, 2247 Central Avenue, 2414 Windsor Avenue, 2527 Washington Street. RESOLUTION 20-20 Accepting the Deed to certain real estate owned by Dubuque's True North Corporation in the City of Dubuque - 305 East 22nd Street RESOLUTION 21-20 Accepting the Deed to certain real estate owned by Dubuque's True North Corporation in the City of Dubuque - 821 Garfield Avenue RESOLUTION 22-20 Accepting the Deed to certain real estate owned by Dubuque's True North Corporation in the City of Dubuque - 1448 Jackson Street RESOLUTION 23-20 Accepting the Deed to certain real estate owned by Dubuque's True North Corporation in the City of Dubuque - Empty Lot Abutting 1448 Jackson Street RESOLUTION 24-20 Accepting the Deed to certain real estate owned by Dubuque's True North Corporation in the City of Dubuque - 2247 Central Avenue RESOLUTION 25-20 Accepting, the Deed to certain real estate owned by Dubuque's True North Corporation in the City of Dubuque — 2414 Windsor Avenue RESOLUTION 26-20 Accepting the Deed to certain real estate owned by Dubuque's True North Corporation in the City of Dubuque — 2527 Washington Street Suggested Disposition: Receive and File; Adopt Resolution(s) 15. Alcohol and Tobacco License Applications City Manager recommending approval of annual liquor, beer, wine and tobacco license applications as submitted. RESOLUTION 27-20 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 28-20 Approving applications for retail cigarette/tobacco sales/nicotine/vapor permits, as required by Iowa Code Chapter 453A.47A /67` Suggested Disposition: Receive and File; Adopt Resolution(s) //keilA i4se 19/ar 66 , AK ay? Mki/Mii /Wf ed %ore-- ITEMS SET FOR PUBLIC HEARING ;5:3 1. Intent to Dispose of Property at 981 High Bluff Street — February 4, 2020 2. Community Development Block Grant Consolidated Plan and Annual Action Plan February 26, 2020 1. Intent to Dispose of Property at 981 High Bluff Street City Manager recommending that the City Council schedule a public hearing for February 4, 2020, for the purpose of disposing of City -owned real property located at 981 High Bluff Street to Bethany Home. RESOLUTION 29-20 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 February 4, 2020 2. Community Development Block Grant Consolidated Plan and Annual Action Plan City Manager recommending that the City Council set a public hearing for February 26 for the Community Development Block Grant 5-Year Consolidated Plan (2021-2025), which includes the FY 2021 Annual Action Plan, for the use of Community Development Block Grant funds. RESOLUTION 30-20 Setting a public hearing on Community Development Block Grant 5-Year Consolidated Plan including the Fiscal Year 2021 (Program Year 2020) Community Development Block Grant (CDBG) Annual Action Plan Budget Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for February 26, 2020 Yay Nays J Y 1�_ Shaw 6. Buol e Cavanagh Roussel! ,i / Resnick Sprank Jones 7 BOARDS/COMMISSIONS Applications were reviewed for the following Boards/Commissions. Applicants were invited to address the City Council regarding their desire to serve on the following Boards/Commissions. 1. Catfish Creek Watershed Management Authority One, 4-Year term through July 16, 2020 (Vacant term of Patten) Applicant: Jared McGovern, 360 South Grandview Ave. 2. Community Development Advisory Commission Three, 3-Year terms through February 15, 2023. (Expiring At -Large term of Dalton; Expiring LMI term of Hammel; Vacant LMI term of Burley) Applicants: m it D..alton, 1629 Washington St. (Qualifies for At -Large and LMI Rep.), Kelly Fox, 838 Althauser St. (Qualifies for At -Large and LMI, Rep.), Gerald Ha mel, 1225 Rhomberg Ave. (Qualifies for At -Large and LMI) r ../7749-4174 3. Housing Commission One, 3-Year term through August 17, 2021 (Vacant term of Cavanagh). Applicant: Hilary Dalton, 1629 Washington St. 4,R 4. Human Rights Commission Two, 3-Year terms through January 1, 2023 (Expiring Term of Jackson and Vacant term of Parks). Applicants: Michael Durnin, 3560 Pennsylvania Ave. Miguel Jackson, 1461 Jackson St. This commission is subject to the State of Iowa Gender Balance Law. Nine Commissioners total; currently 3 males/2 females/4 opening ,/ 8 Boards and Commission Appointments /; c r-- Appointments were made to the following Boards/Commissions. 5. Historic Preservation Commission One, 3-Year term through July 21, 2021 (Vacant term of Kopczyk). Applicant: 1. Craig Reber, 760 Fremont Ave. This commission is subject to the State of Iowa Gender Balance Law. Nine Commissioners total; currently 4 males/3 females/2 openings Yays Nays ,/ Shaw Buol Cavanagh Roussel) Resnick Sprank Jones 6. Mediacom Charitable Foundation Two, 1-Year terms through December 31, 2020 (Expiring terms of Chavenelle and Twining). Applicants: 1. Gail Chavenelle, 1155 Kelly Ln., 2. Constance Twining, 1818 Avalon Rd. (Additional Applicant) Yays Nays Shaw Buol Cavanagh Roussel) ,/ Resnick Sprank Jones 9 7. Resilient Community Advisory Commission One, 3-Year term through July 21, 2021 (Vacant term of Roussell). Applicant: 1. Craig Reber, 760 Fremont Ave. (Qualifies if appointed previously to the Historic Preservation Commission) Yays Nays Shaw 7/ Buol Cavanagh RousseII Resnick Sprank Jones 8. Zoning Advisory Commission One, 3-Year term through July 1, 2021 (Vacant term of Roussell); and One, 3-Year term through July 11,(!)-SYacant term of Henschel). Nort, on. at -will Applicants: 1. Rebecca Kemp, 3195 Kerry Ct. (Additional Applicant); 2. Brittany Loeffelholz, 1414 N. Algona St. This commission is subject to the State of Iowa Gender Balance Law. Seven Commissioners total; currently 2 males/1 female/4 openings Yays Nays Shaw Buol Cavanagh Roussell Resnick Sprank Jones 10 PUBLIC HEARINGS 1. Request to Rezone Property at 245 Railroad Avenue Proof of publication on notice of public hearing to consider approval of a request from Mehta, LLC to rezone property located at 245 Railroad Avenue from LI Light Industrial Zoning District to C-3 General Commercial Zoning District, and the Zoning Advisory Commission recommending approval. ORDINANCE 1-20 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located at 245 Railroad Avenue from LI Light Industrial District to C-3 General Commercial District Suggested Disposition: Receive and File; Motion B; Motion A Suspend the Readings Yays Nays Shaw Buol Cavanagh i Roussel) cam Resnick v .Sprank Jones Final Reading and Adopt Yays Nays Shaw Buol Cavanagh i, Roussel) 2r''t// Resnick Sprank Jones 11 2. Roshek Building Revocable License and Grant of Easements Proof of publication on notice of public hearing to consider approval of the Revocable License and Grant of Easements to Roshek Property, LLC, and the City Attorney recommending approval. RESOLUTION 31-20 Approving the Revocable License and Grant of Easements by the City of Dubuque, Iowa to Roshek Property, LLC Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays Shaw Buol fr--` Cavanagh ✓ Roussel! rl"/ Resnick Sprank Jones 12 e/ 3. North Cascade Road Water Main Extension - Creek Crossing Project Proof of publication on notice of public hearing to considerappmwriEsof.approval of plans, specifications, form of contract, and estimated cost for the North Cascade Road Water Main Extension - Creek Crossing Project, and the City Manager recommending approval. RESOLUTION 32-20 Approval of plans, specifications, form of contract and estimated cost for the North Cascade Road Water Main Extension Creek Crossing Project Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays 1,""- -.Shaw Buol iCavanagh Roussel) Resnick Sprank Jones 13 PUBLIC INPUT 14 ACTION ITEMS 1. Awarding Chaplain Schmitt Island Veteran's Memorial Project City Manager recommending award of the Chaplain Schmitt Island Veteran's Memorial Project construction contract to the low bidder Conlon Construction Company. RESOLUTION 33-20 Awarding public improvement contact for the Chaplain Schmitt Veteran's Memorial Project Suggested Disposition: Receive and File; Adopt Resolution(s) Yays ,,- Nays /7 Shaw " Buol ' Cavanagh , - Roussel) / Resnick Sprank Jones fre/t/y 15 2. Code of Ordinances Amendment Title 7 -Parental Responsibility City Manager recommending amendments to the City of Dubuque Code of Ordinances Section 7-5D-4 Parental Responsibility Ordinance that modifies some penalties to adjust to changes in the parenting class available to defendants and to reflect actual enforcement practices. Staff will make a brief presentation. ORDINANCE 2-20 Amending City of Dubuque Code of Ordinances Title 7 Police, Fire and Public Safety, Chapter 5 Offenses, Article D Parental Responsibility, Section 7-5D- 4 Penalties Suggested Disposition: Receive and File; Motion B; Motion A Suspend the Readings Nays Yays Shaw t Buol Cavanagh ' Roussell Resnick Lam' Sprank y Jones Final Reading and Adopt Yays Nays Shaw Buol Cavanagh Roussell Resnick r 9' Sprank Jones 16 3. Code of Ordinances Amendment to Multiple Titles (1, 2, 3, 12, 13) - Director of Finance and Budget Position City Manager recommending approval of an ordinance amending multiple sections of the City of Dubuque Code of Ordinances to reflect the new title of the Director of Finance and Budget as a result of consolidating positions. ORDINANCE 3-20 Amending City of Dubuque Code of Ordinances: •Title 1 Administration, Chapter 7 City Officers and Employees, Section 1-7-1 Bonds of Officers and Employees; •Title 1 Administration, Chapter 7 City Officers and Employees, Section 1-7-2 Deposits of City Funds; •Title 1 Administration, Chapter 7 City Officers and Employees, Section 1-7-7 Finance Director -City Treasurer; •Title 2 Boards and Commissions, Chapter 3 Investment Oversight Advisory Commission, Section 2-3-13 Powers; •Title 2 Boards and Commissions, Chapter 3 Investment Oversight Advisory Commission, Section 2-3-14 Reports Provided; •Title 3 Revenue and Taxation, Chapter 4 Economic Development, Article C Speculative Shell Buildings of Community Development Organizations and For -Profit Entities, Section 3-4C-3 Application for Exemption by Property Owner; •Title 12 Airport, Chapter 4 Airport Commission, Section 12-4-13 Powers; •Title 13 Public Utilities, Chapter 1 Water Use and Service, Article C Rates, Section 13- 1 C-4 Payment of Bills; •Title 13 Public Utilities, Chapter 2 Sewers and Sewage Disposal, Article C Rates, Section 13-2C-5 Lien for Failure to Pay; •Title 13 Public Utilities, Chapter 4 Stormwater Management, Section 13-4-5 SFU Rate, Charges; Utility Revenues; •Title 13 Public Utilities, Chapter 4 Stormwater Management, Section 13-4-13 Expenses of Collection of Charges; •Title 13 Public Utilities, Chapter 6 Solid Waste, Article A City or Private Collection Service, Section 13-6A-7 Charges; Billing and Collection Suggested Disposition: Receive and File; Motion B; Motion A Suspend the Readings Yay_s_ Nays Shaw f„ Buol Cavanagh Roussell iv Resnick Sprank r. Jones Final Reading and Adopt Yays Nays Shaw Buol -' Cavanagh Roussell Resnick Sprank Jones 17 7v 4. Code of Ordinances Amendment - Title 6-5-1 Prohibited Noises and Title 7-5A-1 Disorderly Conduct City Manager recommending approval of City Code of Ordinances Section 6-5-1 Prohibited Noises and Section 7-5A-1 Disorderly Conduct to amend the language by inserting mens rea language — "intentionally, knowingly or recklessly" causing reasonable distress to the occupants as suggested by the Iowa Attorney General based on a U.S. District Court ruling. ORDINANCE 4-20Amending City of Dubuque Code of Ordinances Title 6 Health, Housing, Sanitation and Environment, Chapter 5 Noises, Section 6-5-1 Prohibited Noises ORDINANCE 5-20 Amending City of Dubuque Code of Ordinances Title 7 Police, Fire and Public Safety, Chapter 5 Offenses, Article A General Offenses, Section 7-5A-1 Disorderly Conduct Suggested Disposition: Receive and Fil , IUloti n B; Motion A Yays ' Nays Shaw Buol Cavanagh Roussel) i/'/ Resnick y ,-' ` Sprank Jones 18 5. Request for Work Session on the Inclusive Dubuque City Manager recommending that the City Council schedule a work session for April 13, 2020 at 6:00 p.m. in the Council Chambers on Inclusive Dubuque. Suggested Disposition: Receive and File; Council Yays Nays Shaw Buol Cavanagh ,. Roussel) / Resnick Sprank t6. Jones 19 COUNCIL MEMBER REPORTS l ADJOURNMENT @ f ;: 5 p. m. Declared by Mayor Pro Tem Yays Nays haw /�' B' of C-t'anagF/ • `s, sell esnick prank ones e/4,24--427 o#470 /*I -55;42 20 TO: Kevin S. Firnstahl, City Clerk You are hereby directed to call a Special Session of the City Council to be held on Tuesday, January 21, 2020 at 5:30 PM in the Historic Federal Building for the purpose of conducting a work session on the Dubuque County Conservation Draft Comprehensive Parks, Trails and Open Spaces Master Plan. RW. Jones, +or Pro Tem Consent Items: Pages n/a TO: Kevin S. Firnstahl, City Clerk You are hereby directed to call a Regular Session of the City Council to be held on Tuesday, January 21, 2020 at 6:00 PM in the Historic Federal Building for the purpose of conducting such business that may properly come before the City Council. W. Jon - s, ayor Pro Tem Consent Items: Pages 1-4 1. ...-- /://‘ , / .1,5' I 1, m .49. A1. ,.,,,, - . 4 _ I /f4,j). ----- r0 n - / ima ifs- e,...e- e ,/,,, �r/d f� v C/Ji✓ip I,rsr_ F I