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4 6 20 City Council Agenda - Special and RegularROLL CALL ORDER FOR MEETING OF April 6, 2020 Shaw, Sprank, Roussel!, Buol, Cavanagh, Jones, Resnick This meeting will be conducted as a virtual meeting. Due to social distancing guidelines related to the COVID-19 pandemic, City Council members and City staff will participate by webinar and will not meet in person. The virtual meeting will be aired live on CityChannel Dubuque (Mediacom cable channels 8 and 117.2), streamed live and archived on the city's website at www.cityofdubuque.org/media, and streamed live on the City's Facebook page at www.facebook.com/cityofdubuque. The public is invited to provide input prior to, during, and after the regular portion of meeting. Ways to provide questions or comments include: • Contact the City Council www.cityofdubuque.org/councilcontacts • City Clerk's Office at ctyclerk@cityofdubuque.org The City of Dubuque highly encourages people to view and participate in City Council meetings through the virtual options. CITY OF DUBUQUE, IOWA CITY COUNCIL MEETING Historic Federal Building 350 W. 6th Street - Second -Floor Council Chambers April 6, 2020 Council meetings are video streamed live and archived at www.cityofdubuque.org/media and on Dubuque's CityChannel on the Mediacom cable system at cable channel 8 and digital 117.2 WORK SESSION 1. 5:30 PM Inclusive Dubuque City staff and network partners will conduct a work session with the City Council regarding the recent activities of Inclusive Dubuque. REGULAR SESSION 6:30 PM PLEDGE OF ALLEGIANCE PRESENTATION(S) 1. Mayor Buol's Declaration Proclamation Update Mayor Roy D. Buol will present an update to the March 17, 2020 COVID-19 Declaration Proclamation. 2. COVID-19 Update City staff will provide an update on COVI D-19 pandemic situation and response activities. PROCLAMATION(S) 1. National Service Recognition Day (April 7, 2020) Pg. 1 On behalf of AmeriCorps Dubuque and the Corporation for National & Community Service CONSENT ITEMS The consent agenda items are considered to be routine and non -controversial and all consent items will be normally voted upon in a single motion without any separate discussion on a particular item. If you would like to discuss one of the Consent Items, please go to the microphone and be recognized by the Mayor and state the item you would like removed from the Consent Agenda for separate discussion and consideration. 1. Minutes and Reports Submitted Arts and Cultural Affairs Advisory Commission and Work Group of 2/25; City Council Proceedings for March 16, 17, 23, 25; Proof of Publication for City Council Proceedings of 3/2; Proof of Publication for List of Claims and Summary of Revenues for Month Ending 2/29. Suggested Disposition: Receive and File 2. Approval of City Expenditures City Manager recommending City Council approval for payment of City expenditures. RESOLUTION 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) 3. 2019 Arts Mean Business Activity Report City Manager transmitting the Arts Mean Business 2019 Activity Report. Suggested Disposition: Receive and File 4. Exclusive Soft Drink Provider Agreement for Leisure Services Facilities City Manager recommending approval of a three-year Exclusive Soft Drink Provider Agreement with Lime Rock Springs for the Bunker Hill Golf Course, McAleece concession, Flora and Sutton pool concession, Veteran's Memorial Park and the Port of Dubuque Marina. Suggested Disposition: Receive and File; Approve 5. SW Arterial intelligent Transportation System (ITS) Agreement City Manager recommending approval of a Cooperative Funding Agreement with the Iowa Department of Transportation for the development and implementation of an Intelligent Transportation System (ITS) along the U.S. 52 / Southwest Arterial Corridor. RESOLUTION Approving a Cooperative Funding Agreement (2020-16-033) with the Iowa Department of Transportation for the development and implementation of an Intelligent Transportation System along the U.S. 52 / Southwest Arterial Corridor Suggested Disposition: Receive and File; Adopt Resolution(s) 6. Downtown Rehabilitation Loan Program for 1555 Central Avenue City Manager recommending approval of a Downtown Rehabilitation Loan Program Grant Award to Tim Specht for facade improvements to 1555 Central Avenue. Suggested Disposition: Receive and File; Approve 7. Downtown Rehabilitation Loan Program for 1638 Central City Manager recommending approval of a Downtown Rehabilitation Loan Program Grant Award to building owner, United Brotherhood of Carpenters & Joiners of America, for facade improvements to 1638 Central Avenue. Suggested Disposition: Receive and File; Adopt Resolution(s) Pg. 2 8. Dubuque Children's Zoo Booster Lease Approval City Manager recommending approval of the annual renewal to the 5-year lease agreement with the Dubuque Children's Zoo Boosters, Inc. Suggested Disposition: Receive and File; Approve 9. Tri-State Modelers Club Lease Agreement City Manager recommending the annual renewal of a 5-year lease agreement with the Tri-State Modelers Club. Suggested Disposition: Receive and File; Adopt Resolution(s) 10. Congressional Correspondence Requesting Programming Support Mayor Roy D. Buol's correspondence to U.S. Congressional representatives requesting financial support of certain programs. Suggested Disposition: Receive and File 11. Port of Dubuque LLC (Merge, LLC) First Amendment to Development Agreement City Manager recommending approval of the First Amendment to Development Agreement with Port of Dubuque LLC to extend the closing from April 2020 to October 1, 2020. RESOLUTION Approving the First Amendment to Development Agreement between the City of Dubuque, Iowa and Port of Dubuque, LLC Suggested Disposition: Receive and File; Adopt Resolution(s) 12. Sustainable Dubuque Community Grant Award Recommendation City Manager recommending approval of the Resilient Community Advisory Commission recommendations for four projects for funding from the Sustainable Dubuque Community Grant Program. Suggested Disposition: Receive and File; Approve 13. Dubuque Metropolitan Area Solid Waste Agency Waste Minimization Grant Award for Multicultural Family Center Expansion City Manager transmitting information that the grant application to the Dubuque Metropolitan Area Solid Waste Agency Minimization Grant for the Multicultural Family Center expansion was approved and awarded. Suggested Disposition: Receive and File 14. Proposed Master Co -location and Shared Services and First Amendment between the City of Dubuque and Interstate Power and Light City Manager recommending approval of a Master Co -Location and Shared Services Agreement, and initial project under that Agreement, with Interstate Power and Light for the installation of a shared fiber conduit route within the City of Dubuque. Suggested Disposition: Receive and File; Approve 15. Update on Small Cell Installation Approved for Creston and Rosemont Streets City Manager providing an update on the installation of a small cell that had previously been approved by City Council but voluntarily delayed by the carrier that is now seeking to move forward with the installation at Creston and Rosemont Streets. Suggested Disposition: Receive and File 16. Iowa Worker Adjustment and Retraining Notification (WARN) - Flexsteel Industries, Inc. Correspondence from Flexsteel Industries, Inc. notifying the City of a temporary laid off of 40 employees from their facility at 385 Bell Street. 17. US EPA Consent Decree Semi Annual Report Pg. 3 City Manager transmitting the March 31, 2020 Consent Decree Semi Annual Report that was submitted to the U.S. Environmental Protection Agency. Suggested Disposition: Receive and File 18. Dubuque Police Protective Association Collective Bargaining Agreement City Manager recommending approval of the Collective Bargaining Agreement between the City of Dubuque and the Dubuque Police Protective Association (DPPA) effective July 1, 2020 through June 30, 2024. Suggested Disposition: Receive and File; Approve 19. New Cingulate Wireless PCS, LLC - Amended and Restated Lease Agreement City Manager recommending that the City Council set a public hearing for April 20, 2020, to consider approval of an Amended and Restated Lease Agreement between the City of Dubuque and Cingular Wireless PCS, LLC (AT&T Mobility) for space on the ground and water tower at the City's College Street Water Tower adjacent to Finley Hospital. RESOLUTION Intent to dispose of an interest in real property owned by the City of Dubuque by Lease between the City of Dubuque, Iowa and New Cingular Wireless PCS, LLC Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for April 20, 2020 20. Signed Contract(s) A Cut Above contract for Grinding and Removal of Tree Stumps; 2020 Farm Lease with William Siegert; Dubuque Metropolitan Area Solid Waste Agency Waste Delivery Contract Suggested Disposition: Receive and File 21. Alcohol Compliance Civil Penalty for Alcohol License Holder — EZ Stop II City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for EZ Stop II, 700 Rhomberg Avenue. Suggested Disposition: Receive and File; Adopt Resolution(s) 22. Tobacco Compliance Civil Penalty for Tobacco License Holder — Vapor City Outlet City Manager recommending approval of the Acknowledgement/Settlement Agreement for a tobacco compliance violation for Vapor City Outlet, 3330 Asbury Road. Suggested Disposition: Receive and File; Approve 23. Alcohol License Applications City Manager recommending approval of annual liquor, beer, wine and tobacco license applications as submitted. RESOLUTION 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) ITEMS SET FOR PUBLIC HEARING These agenda items are being scheduled for a future public hearing on the date indicated. 1. 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 the Greater Downtown Urban Renewal District and sets a public hearing on the proposed Amended and Pg. 4 Restated Urban Renewal Plan for May 18, 2020. RESOLUTION Authorizing and directing the City Manager to prepare an Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District and Setting the date for a public 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 May 18, 2020 2. Verizon Wireless Grant of Easement - Small Cell Equipment in Flora Park City Manager recommending approval of a resolution granting Bell Atlantic Mobile Systems LLC, d/b/a Verizon Wireless, a 10 foot -wide easement from the public right-of-way, across City of Dubuque property in Flora Park, to a light pole to access and install underground utilities to operate the small cell equipment on the light pole. RESOLUTION Setting public hearing on the Grant of Easement to Bell Atlantic Mobile Systems, LLC d/b/a Verizon Wireless, for small cell equipment in Flora Park Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for April 20, 2020 3. Intent to Dispose of Property at 1938 Washington to Affordable Housing Network, Inc. City Manager recommending that the City Council set a public hearing for April 20, 2020, for the purpose of disposing of City -owned real property located at 1938 Washington Street to Affordable Housing Network, Inc., who will rehabilitate and sell the property to an income - qualifying household under 80% median income. RESOLUTION of Intent to dispose of an interest in City of Dubuque real estate to Affordable Housing Network, Inc., 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 April 20, 2020 BOARDS/COMMISSIONS 1. Boards and Commission Appointments Appointments to the following commissions to be made at this meeting. Building Code and Advisory Appeals Board One, 3-Year term through August 1, 2021 (Vacant At -Large term of Luchsinger) Applicant: George Cooley, 2255 Francis St. (Qualifies as At -Large Applicant) Zoning Advisory Commission One, 3-Year term through July 1, 2022 (Vacant term of Belmont) Applicant: Matthew Mulligan, 1167 Hunters Ridge This commission is subject to the State of Iowa Gender Balance Law. 7 Commissioners total; currently 3 males/3 females/ 1 opening PUBLIC HEARINGS Citizens are invited to address the City Council regarding the following agenda items. Please come to the podium and state your name and address when the item you wish to speak to is being considered. Pg. 5 1. Walter Development, LLC / Duluth Holdings, Inc. - Amended and Restated Development Agreement Proof of publication on notice of public hearing to consider approval of an Amended and Restated Development Agreement by and among Walter Development, LLC and Duluth Holdings, Inc. providing for the sale of City -owned real estate to Walter Development, LLC and authorizing the issuance of Urban Renewal Tax Increment Revenue Grant Obligations pursuant to the Development Agreement, and the City Manager recommending approval. RESOLUTION Approving an Amended and Restated Development Agreement by and among the City of Dubuque, Walter Development, LLC, and Duluth Holdings, Inc. for the sale of City - owned property including the issuance of Urban Renewal Tax Increment Revenue Obligations Suggested Disposition: Receive and File; Adopt Resolution(s) 2. Sale of Property at 2320 Mineral Street Proof of publication on notice of public hearing to consider disposing of City -owned real property located at 2320 Mineral Street to Danielle K. Atchison, and the City Manager recommending approval. RESOLUTION Disposing of City interest by deed to Danielle K. Atchison Suggested Disposition: Receive and File; Adopt Resolution(s) 3. Gavilon Grain, LLC Lease Agreement - Commercial Street (aka East 7th Street) Property Proof of publication on notice of public hearing to consider approval of a Lease Agreement with Gavilon Grain, LLC for the Commercial Street (Seventh Street Lease), which will replace the 1971 Lease Agreement, and the City Manager recommending approval. RESOLUTION Disposing of an interest in real property by Lease Agreement between the City of Dubuque, Iowa and Gavilon Grain, LLC - Commercial Street (Seventh Street) Lease Suggested Disposition: Receive and File; Adopt Resolution(s) 4. Gavilon Grain, LLC Lease Agreement - Purina Drive Property Proof of publication on notice of public hearing to consider approval of a Lease Agreement between the City of Dubuque and Gavilon Grain, LLC for property on Purina Drive, which will replace the 2002 lease, and the City Manager recommending approval. RESOLUTION Disposing of an interest in real property by Lease Agreement between the City of Dubuque, Iowa and Gavilon Grain, LLC - Purina Drive Lease Suggested Disposition: Receive and File; Adopt Resolution(s) 5. Jackson Street Reconstruction Project from 11th Street to 12th Street Proof of publication on notice of public hearing to consider approval of plans, specifications, form of contract, and estimated cost for Jackson Street (11th Street to 12th Street) Reconstruction Project, and the City Manager recommending approval. RESOLUTION Approval of plans specifications, form of contract, and estimated cost for the Jackson Street (11th to 12th Streets Reconstruction Project Suggested Disposition: Receive and File; Adopt Resolution(s) PUBLIC INPUT At this time, anyone in the Council Chambers may address the City Council on the Action Items on the agenda or on matters under the control of the City Council. Citizens are asked to approach the podium and state their name and address before proceeding with their comments. Individual remarks Pg. 6 are limited to five minutes, and the overall Public Input period is limited to 30 minutes. Under the Iowa Open Meetings Law, the City Council can take no formal action on comments given during Public Input which do not relate to Action Items on the Agenda. ACTION ITEMS These are items where discussion is held by the City Council - public comments are not allowed except as authorized by the Mayor. 1. Award Cedar Street Force Main Air Vacuum Release Valve Replacement Project City Manager recommending award of the Cedar Street Force Main Air Vacuum Release Valve Replacement Project public improvement construction contract to the low bidder Tschiggfrie Excavating Co. RESOLUTION Awarding public improvement contract for the Cedar Street Force Main Air Vacuum Release Valve Replacement Project Suggested Disposition: Receive and File; Adopt Resolution(s) 2. Gavilon Grain, LLC - First Amendment to Lease Agreement - Dove Harbor Lease City Manager recommending approval of a resolution approving the First Amendment to Lease Agreement between the City of Dubuque and Gavilon Grain, LLC for property on Dove Harbor, and the City Manager recommending approval. RESOLUTION Approving First Amendment to Lease Agreement between the City of Dubuque, Iowa and Gavilon Grain, LLC - Dove Harbor Lease Suggested Disposition: Receive and File; Adopt Resolution(s) 3. Gavilon Grain, LLC - First Amendment to Lease Agreement - Salt Site Lease City Manager recommending approval of a resolution approving the First Amendment to Lease Agreement between the City of Dubuque and Gavilon Grain, LLC for property on Kerper Boulevard referred to as the Salt Site Lease. RESOLUTION Approving the First Amendment to Lease Agreement between the City of Dubuque, Iowa and Gavilon Grain, LLC - Salt Site Lease Suggested Disposition: Receive and File; Adopt Resolution(s) 4. Memorandum of Understanding with the Iowa Department of Natural Resources (IDNR) City Manager recommending approval of a Memorandum of Understanding with the Iowa Department of Natural Resources. Suggested Disposition: Receive and File; Approve 5. Water & Resource Recovery Center Article City Manager providing a copy of the "Food Waste Co -digestion at Water Resource Recovery Facilities" article from Water Environment & Technology (WE&T) Magazine that features Dubuque's Water & Resource Recovery Center. Suggested Disposition: Receive and File 6. Microloan Agreement with ECIA Business Growth City Manager recommending approval to draft a contract with ECIA Business Growth for the development and administration of a microloan program to assist downtown businesses adversely affected by lengthy City construction projects. Suggested Disposition: Receive and File; Adopt Resolution(s) 7. Real Estate Broker Services for Listing City -Owned Land for Sale or Lease City Manager recommending approval of agreements for real estate broker services of Continental Realty & Investment, LTD to sell or lease City -owned land. Pg. 7 RESOLUTION Approving Agreements for Real Estate Broker Services between the City of Dubuque, Iowa and Continental Realty & Investment, LTD for the sale or lease of City -owned properties Suggested Disposition: Receive and File; Adopt Resolution(s) 8. Fire Department Five -Year Strategic Plan City Manager transmitting a new five-year strategic plan for Fire Department. Staff will make a brief presentation. Suggested Disposition: Receive and File; Presentation 9. Five Flags Civic Center Commission Recommendation Regarding Delay of Referendum Vote Correspondence from Five Flags Civic Center Commission regarding a recommendation relative to the delay of the Five Flags Civic Center referendum vote currently set by the City Council for September 8, 2020. Suggested Disposition: Receive and File; Council 10. Request to Schedule Works Session - Coronavirus Update City Manager recommending that City Council schedule a work session for Wednesday, April 22, 2020, beginning at 6:30 p.m. to provide an update on coronavirus, City services, City operations and community impact. Suggested Disposition: Receive and File; Council COUNCIL MEMBER REPORTS CLOSED SESSION Professional Evaluation(s) — Chapter 21.5(1)(i) Code of Iowa ADJOURNMENT The agenda with supporting documents may be accessed at www.cityofdubuque.org or at the City Clerk's Office, 50 W. 13th Street, during regular business hours. This notice is given pursuant to Chapter 21, Code of Iowa, and applicable local regulations of the City of Dubuque, Iowa and/or governmental body holding the meeting. Written comments regarding the above items may be submitted to the City Clerk's Office, 50 W. 13th St., Dubuque, IA 52001, before or at said time of meeting. Individuals with limited English proficiency, vision, hearing or speech impairments or requiring special assistance should contact the City Clerk's Office at (563) 589-4100, TDD/TTY (563) 690-6678, ctyclerk@cityofdubuque.org as soon as feasible. Deaf or hard -of -hearing individuals can use Relay Iowa by dialing 711 or (800) 735-2942. /s/Kevin S. Firnstahl, CMC City Clerk Pg. 8