Macon Reporter

City of Clinton City Council met July 23.

Here is the minutes provided by the council:

The City Council met in regular session, July 23, 2019 at 5:00 P.M. in the City Hall Council Chamber. Present on roll call: Mayor Vulich, Councilmembers: Gassman, Seeley, McGraw, Allesee, Schemers, and Odor. Councilmember Connell – absent.

M/S, Allesee-Schemers moved to dispense with the reading of the minutes of the regular City Council and Committee of the Whole meetings of July 9, 2019 and they be approved as published on July 20, 2019. On roll call, Gassman, Seeley, McGraw, Allesee, Schemers, Odor – Yes; Connell - Absent. Motion carried.

PROCLAMATION: Declaring August 2-4, 2019 as the Annual Tootsie Roll Drive Fundraiser in the City of Clinton – Knights of Columbus Deputy Grand Knight, Dean Stone, Dave Meyers, and Nathan Trahan

Dave Meyers read the proclamation declaring August 2-4, 2019 as the Annual Tootsie Roll Drive Fundraiser in the City of Clinton. Meyers stated 90% of the funds raised stayed in Clinton County.

INTRODUCTION: New Library Director

Administrator Brooke introduced the new Library Director, Susie Mesecher. Director Mesecher stated she came from Chico, California and had worked in a library over the last twenty years. Director Mesecher stated she had worked at the library in Paradise, California and discussed the devastation the fire had created. Director Mesecher stated she was pleased to be in Clinton and was honored to serve. Director Mesecher stated the importance for constituents to know what was going on in their community and with their government.

PUBLIC HEARINGS

Mayor Vulich convened a public hearing concerning accepting bid and awarding contract for 27th Avenue North Sewer Separation Project K-2019. No comments were received, written or oral. M/S, Schemers-Odor moved that the public hearing concerning accepting bid and awarding contract for 27th Avenue North Sewer Separation Project K-2019 be entered into the record. On roll call, Gassman, Seeley, McGraw, Allesee, Schemers, Odor – Yes; Connell - Absent. Motion carried.

M/S, Schemers-Odor moved that the Council adopt Resolution No. 2019-313 accepting bid and awarding contract to BWC Excavating for 27th Avenue North Sewer Separation Project K-2019 - $131,076.89. On roll call, Gassman, Seeley, McGraw, Allesee, Schemers, Odor – Yes; Connell - Absent. Motion carried.

Mayor Vulich convened a public hearing concerning accepting bid and awarding contract for Cleveland Street Asphalt Resurfacing Project L-2019. No comments were received, written or oral. M/S, Odor-Gassman moved that the public hearing concerning accepting bid and awarding contract for Cleveland Street Asphalt Resurfacing Project L-2019 be entered into the record. On roll call, Gassman, Seeley, McGraw, Allesee, Schemers, Odor – Yes; Connell - Absent. Motion carried.

M/S, Odor-Gassman moved that the Council adopt Resolution No. 2019-314 accepting bid and awarding contract to Determann Asphalt Paving LLC for Cleveland Street Asphalt Resurfacing Project L-2019 - $111,967.90. On roll call, Gassman, Seeley, McGraw, Allesee, Schemers, Odor – Yes; Connell - Absent. Motion carried.

Mayor Vulich convened a public hearing concerning the proposed vacation of a portion of the 34th Avenue North right-of-way adjacent to 3313 Garfield Street for $400.00. No comments were received, written or oral. M/S, Gassman-Seeley moved that the public hearing concerning the proposed vacation of a portion of the 34th Avenue North right-of-way adjacent to 3313 Garfield Street for $400.00 be entered into the record. On roll call, Gassman, Seeley, McGraw, Allesee, Schemers, Odor – Yes; Connell - Absent. Motion carried.

M/S, Gassman-Seeley moved the Council consider an ordinance for the first time - AN ORDINANCE PROVIDING FOR THE VACATION AND CONVEYANCE OF A 2 FOOT BY 140 FOOT STRIP OF 34TH AVENUE NORTH STREET RIGHT-OF-WAY ADJACENT TO 3313 GARFIELD STREET TO JOHN K. & DEBORAH J. ERNST FOR $400. On roll call, Gassman, Seeley, McGraw, Allesee, Schemers, Odor – Yes; Connell - Absent. Motion carried.

AUDIENCE COMMENT

No persons came before the Council to speak. CONSENT AGENDA

Councilmember Seeley requested that item #23 be removed to Unfinished Business. Councilmember Schemers requested that item #13 be removed to Unfinished Business. M/S, Allesee-Schemers moved to approve the Consent Agenda, as amended. On roll call, Gassman, Seeley, McGraw, Allesee, Schemers, Odor – Yes; Connell - Absent. Motion carried.

1. Committee of the Whole – minutes 07/09/2019 – receive, approve and place on file.

2. Airport Commission – minutes 06/10/2019 special – 06/10/2019 – receive, approve and place on file.

3. Parks and Recreation Advisory Board – minutes 05/22/2019 – receive, approve and place on file.

4. Tree Commission – minutes 06/12/2019 – receive, approve and place on file.

5. Planning – minutes 07/16/2019 - receive, approve and place on file.

6. 2019 Clinton 4th of July Festival – letter 07/08/2019 – receive, approve and place on file.

7. Convention and Visitors Bureau Monthly Division Report -July, 2019 – receive, approve and place on file.

8. Electronic Payments and Transfers – June 2019 – receive, approve and place on file.

9. Summary of Revenues and Receipts – June 2019 – receive, approve and place on file.

10. Contract #1 and Contractor’s Bond – Car Barn Ditch & Joyce Slough Restoration Project S-2018 – BWC Excavating - $183,685.70 – receive, approve and place on file (copy available for inspection at Clerk’s office).

11. Contract and Contractor’s Bond – Riverview Park Storm Water Pump Station & Force Main Project R-2019 – BWC Excavating - $767,728.50 – receive, approve and place on file (copy available for inspection at Clerk’s office).

12. Resolution No. 2019-315 – authorizing the collection/certification of nuisance clean up liens.

13. Resolution – Removed to Unfinished Business – authorizing the collection/certification of grass/weed cutting liens.

14. Resolution No. 2019-316 – authorizing the collection/certification of tree/shrub trimming liens.

15. Resolution No. 2019-317 – authorizing the collection/certification of board up liens.

16. Resolution No. 2019-318 – amend non-housing delinquency lien list.

17. Resolution No. 2019-319 – setting public hearing on the proposed sale of 656 7th Avenue South.

18. Resolution No. 2019-320 – denying persons with disabilities residential parking space applications.

19. Resolution No. 2019-321 – official endorsement of Clinton County Development Association Fall 2019 grant application for fire equipment funding.

20. Resolution No. 2019-322 – approving an agreement between the City of Clinton and LyondellBasell to provide traffic control on Highway 30 beginning July 29, 2019 and continuing to September 14, 2019 or until the need still exists.

21. Resolution No. 2019-323 – official endorsement of a Federal Emergency Management Agency Grant application for a backup generator at the Beaver Channel Pumping Station.

22. Resolution No. 2019-324 – approving Addendum to Agreement No. 2017-16-164 with the Iowa Department of Transportation for a portion of the parking lot facility at 537 Ball Park Drive.

23. Resolution – Removed to Unfinished Business – authorizing professional services contract with RJN Group for engineering services for City-Wide Sewer System GIS Mapping and Inspection.

24. Resolution No. 2019-325 – approving Change Order No. 3 – Concrete Street Rehabilitation Project H-2018 – Eastern Iowa Excavating & Concrete LLC - $8,005.84.

25. Resolution No. 2019-326 – recommending Payment No. 2 – Harrison Drive Reconstruction Project J-2019 – Determann Asphalt Paving, LLC - $41,240.22.

26. Resolution No. 2019-327 – recommending Payment No. 2 – Riverview Pickle-ball & Sand Volleyball Project G-2019 – Determann Asphalt Paving, LLC - $94,837.07.

27. Resolution No. 2019-328 – recommending Payment No. 2 – 12th & 13th Street Resurfacing Project J-2018 – Determann Asphalt Paving, LLC - $20,569.87.

28. Resolution No. 2019-329 – recommending Payment No. 3 – South 8th Street Sewer Separation Project D-2019 – Eastern Iowa Excavating & Concrete LLC - $201,545.30.

29. Resolution No. 2019-330 – recommending Payment No. 11 – Turtle Creek Culvert Replacement and Sanitary Sewer Relocation Project D-2017 – Legacy Corporation, of East Moline, IL - $22,800.00.

30. Resolution No. 2019-331 – accepting work and recommending Final Payment No. 8 – Concrete Street Rehabilitation Project H-2018 – Eastern Iowa Excavating & Concrete LLC - $48,608.27.

31. Resolution No. 2019-332 – correcting Resolution No. 2019-305.

32. Resolution No. 2019-333 – approving a 5-day liquor license for Hook’s Pub.

33. Resolution No. 2019-334 – approving Class C liquor license renewal application with Sunday Sales privilege for Applebee’s Neighborhood Grill & Bar and issuance of a Class I Letter of Exemption for allowing persons under 21 in licensed premises.

34. Resolution No. 2019-335 – approving Class C Liquor License renewal application with Living Quarters, Outdoor Service and Sunday Sales privileges for Legends Sports Bar and issuance of a Class I Letter of Exemption for allowing persons under 21 in licensed premises.

35. Resolution No. 2019-336 – approving Class C liquor license renewal application with Outdoor Service and Sunday Sales privileges for Oak Wood Ball Room and Convention Center and issuance of a Class I Letter of Exemption for allowing persons under 21 in licensed premises.

36. Resolution No. 2019-337 – approving Class C liquor license renewal application with Sunday Sales privilege for Plaza Bowl and issuance of a Class I Letter of Exemption for allowing persons under 21 in licensed premises.

37. Resolution No. 2019-338 – approving Special Class C Beer/Wine permit license (BW) (Beer/Wine) license renewal application with Outdoor Service for Carl Luigi’s, LLC and issuance of a Class I Letter of Exemption for allowing person under 21 in licensed premises.

MOTIONS, RESOLUTIONS, AND ORDINANCES

M/S, Gassman-Allesee moved that the Claims be received, approved and placed on file. On roll call, Gassman, McGraw, Allesee, Schemers, Odor – Yes; Seeley – Abstain; Connell - Absent. Motion carried.

In discussion prior to roll call, Councilmember Seeley stated he sold a house and was receiving a sewer refund and thus he would be abstaining from the vote on claims.

M/S, Gassman-Seeley moved the Council consider an ordinance for the third time - AN ORDINANCE AMENDING CHAPTER 111 OF THE CODE OF ORDINANCES OF THE CITY OF CLINTON, IOWA PERTAINING TO CIGARETTE AND TOBACCO SALES PERMITS. On roll call, Gassman, Seeley, McGraw, Allesee, Schemers, Odor – Yes; Connell - Absent. Motion carried.

M/S, Gassman-Seeley moved the ordinance under consideration be placed on its final passage and adopted. On roll call, Gassman, Seeley, McGraw, Allesee, Schemers, Odor – Yes; Connell - Absent. Motion carried.

ORDINANCE NO. 2616

M/S, Schemers-Gassman moved the Council consider an ordinance for the third time - AN ORDINANCE AMENDING CHAPTER 117 OF THE CODE OF ORDINANCES OF THE CITY OF CLINTON, IOWA PERTAINING TO PAWNBROKERS, ITINERANT DEALERS & SECONDHAND DEALERS. On roll call, Gassman, Seeley, McGraw, Allesee, Schemers, Odor – Yes; Connell - Absent. Motion carried.

M/S, Schemers-Odor moved the ordinance under consideration be placed on its final passage and adopted. On roll call, Gassman, Seeley, McGraw, Allesee, Schemers, Odor – Yes; Connell - Absent. Motion carried.

ORDINANCE NO. 2617

M/S, McGraw-Allesee moved the Council consider an ordinance for the third time - AN ORDINANCE FOR THE INSPECTION OF TANNING FACILITIES IN THE CITY OF CLINTON, IOWA. On roll call, Gassman, Seeley, McGraw, Allesee, Schemers, Odor – Yes; Connell - Absent. Motion carried.

M/S, McGraw-Allesee moved the ordinance under consideration be placed on its final passage and adopted. On roll call, Gassman, Seeley, McGraw, Allesee, Schemers, Odor – Yes; Connell - Absent. Motion carried.

ORDINANCE NO. 2618

M/S, Odor-Schemers moved the Council adopt Resolution No. 2019-339 RATIFYING ACTION RELATING TO PRIOR REDEMPTION OF OUTSTANDING GENERAL OBLIGATION BONDS, SERIES 2008A, OF THE CITY OF CLINTON, STATE OF IOWA, DATED SEPTEMBER 1, 2008. On roll call, Gassman, Seeley, McGraw, Allesee, Schemers, Odor – Yes; Connell - Absent. Motion carried.

M/S, Schemers-Odor moved the Council adopt Resolution No. 2019-340 RESOLUTION APPOINTING UMB BANK, N.A. OF WEST DES MOINES, IOWA, TO SERVE AS PAYING AGENT, NOTE REGISTRAR, AND TRANSFER AGENT, APPROVING THE PAYING AGENT AND NOTE REGISTRAR AND TRANSFER AGENT AGREEMENT AND AUTHORIZING THE EXECUTION OF THE AGREEMENT. On roll call, Gassman, Seeley, McGraw, Allesee, Schemers, Odor – Yes; Connell - Absent. Motion carried.

M/S, Allesee-Schemers moved the Council adopt Resolution No. 2019-341 RESOLUTION APPROVING AND AUTHORIZING A FORM OF LOAN AGREEMENT AND AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $9,705,000 GENERAL OBLIGATION CAPITAL LOAN NOTES, SERIES 2019A, AND AMENDING THE LEVY OF TAXES TO PAY SAID NOTES; APPROVAL OF THE TAX EXEMPTION CERTIFICATE AND CONTINUING DISCLOSURE CERTIFICATE. On roll call, Gassman, Seeley, McGraw, Allesee, Schemers, Odor – Yes; Connell - Absent. Motion carried.

M/S, Seeley-Gassman moved the Council adopt Resolution No. 2019-342 consenting to Ingress- Egress Amended and Substituted Easement between Clinton Business Park Development Corp. and Frye Development Inc. On roll call, Gassman, McGraw, Schemers, Odor – Yes; Seeley, Allesee – Abstain; Connell - Absent. Motion carried.

M/S, Allesee-Schemers moved the Council adopt Resolution No. 2019-343 accepting the dedication of a Street Right-of-Way in Valley Bluff Horizons 2nd Addition. On roll call, Gassman, Seeley, McGraw, Allesee, Schemers, Odor – Yes; Connell - Absent. Motion carried.

M/S, McGraw-Allesee moved the Council adopt Resolution No. 2019-344 approving 2019-2022 Agreement between the City of Clinton, Iowa and the Clinton Humane Society. On roll call, Gassman, Seeley, McGraw, Allesee, Schemers, Odor – Yes; Connell - Absent. Motion carried.

In discussion prior to roll call, Administrator Brooke thanked the Humane Society and stated Administrator Brooke and Councilmember McGraw met with the Humane Society. Administrator Brooke stated he believed the contract was the best way forward and that reporting by the Humane Society would be improved.

UNFINISHED BUSINESS

Councilmember Seeley inquired if item #23 was new or a continued project and stated the project cost a lot of money. Engineer Craft stated the item pertained to a long, ongoing process that started in or about 2013. Engineer Craft stated the City resorted to paper maps to try to identify areas of the sewer system and the project would map the sewer system in GIS. Engineer Craft stated the project also included the inspection of manholes and the monitoring of combined sewer overflow (“CSO”) events. Engineer Craft stated the project should be completed in a year or so. Councilmember Seeley inquired if part of the sewer system was available on GIS at this time. Engineer Craft answered in the affirmative and stated once the project was complete it would be very user friendly and available for several departments to use. Councilmember Seeley inquired how accurate the GIS mapping would be. Engineer Craft stated very accurate and within centimeters.

M/S, Seeley-McGraw moved the Council adopt Resolution No. 2019-345 authorizing professional services contract with RJN Group for engineering services for City-Wide Sewer System GIS Mapping and Inspection. On roll call, Gassman, Seeley, McGraw, Allesee, Schemers, Odor – Yes; Connell - Absent. Motion carried.

Councilmember Schemers inquired if $38,950.00 was the total of grass liens for item #13. Battalion Fire Chief Jeff Chapman answered in the affirmative and stated very few people paid nuisance liens. Mayor Vulich inquired if the listing was only for non-City owned properties. Battalion Chief Chapman answered in the affirmative. Councilmember Gassman inquired about liens for those that were deceased. Administrator Brooke stated some deceased had no family or the City was unable to locate a member of the estate.

M/S, Schemers-Gassman moved the Council adopt Resolution No. 2019-346 authorizing the collection/certification of grass/weed cutting liens. On roll call, Gassman, Seeley, McGraw, Allesee, Schemers, Odor – Yes; Connell - Absent. Motion carried.

M/S, Allesee-Schemers moved to adjourn to 5:00 P.M. August 13, 2019. On roll call, Gassman, Seeley, McGraw, Allesee, Schemers, Odor – Yes; Connell - Absent. Motion carried.

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