Loading...
4 6 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 April 6, 2020. Due to the COVID-19 pandemic and mandates for social distancing, this meeting was conducted virtually. tfillresent: Mayor Buol; Council Members Caysar`f'a h JQ.nes, Resnick, Ro ssell Shaw, ank; City Manager yan Milligen, City Attorney rnwell 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 Inclusive Dubuque. WORK SESSION Inclusive Dubuque Quarterly Report 94/6"1 ''/ _Ockcp— 4P ,k1:',/ le5 pict< 6%-esr/tkzePi .44 (501" V "141 Adjournment @ 1 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in regular session at 6:30 p.m. on April 6, 2020. Due to the COVID-19 pandemic and mandates for social distancing, this meeting was conducted virtually. Present: Mayor Buol; Council Members Cavanagh, Jones, Resnick, Rosell, S al aw, S rank; City Manager V n Milligen, City Attornerumwell Absent: 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. Mayor Buol's Declaration Proclamation Update .6472 Mayor Roy D. Buol will present an update to the March 17, 2020 COVID-19 Declaration Proclamation. 2. COVID-19 Update %04111,17 City staff will provide an update on C•VID-19 pand activities. mic situation and re ponse PROCLAMATION(S) 67/ 1. National Service Recognition Day (April 7, 2020) Accepted by Mayor Buol on behalf of AmeriCorps Dubuque and the Corporation for National & Community Service ek-4;/-/ MnPd tgfid,‘„) 2 CONSENT ITEMS The City Clerk announced that Item No. 19 would be moved to Items to be Set for Public Hearing. 19. New Cingular Wireless PCS, LLC - Amended and Restated Lease Agreement Yays Nays i--/, Shaw L/ Sprank Roussell t- Buol V Cavanagh �/- Jones f Resnick 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 101-20 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) 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 3 Yays Nays Shaw Sprank RousselI Buol Cavanagh Jones Resnick 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 102-20 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 fagade 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 fagade improvements to 1638 Central Avenue. Suggested Disposition: Receive and File; A I9t t-Retelti Teri(-s-)- 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; Ado eso utTan{-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 4 Yays Nays Shaw Sprank RousseII Buol Cavanagh Jones Resnick 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 103-20 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 5 Yays Nays Shaw Sprank Roussell Buol Cavanagh Jones Resnick 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 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 Cingular Wireless PCS, LLC - Amended and Restated Lease Agreement City Manager recommending that the City Council set a public hearing for April 20, Upon motion, this item was moved to the Items to be Set for Public Hearing. 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 6 23. Alcohol License Applications City Manager recommending approval of annual liquor, beer, wine and tobacco license applications as submitted. RESOLUTION 105-20 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 Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays Shaw Sprank Roussel) Buol Cavanagh Jones Resnick 7 ITEMS SET FOR PUBLIC HEARING 1. Greater Downtown Urban Renewal District - Resolution of Necessity May 18, 2020 2. Verizon Wireless Grant of Easement - Small CeII Equipment in Flora Park 3. Intent to Dispose of Property at 1938 Washington to Affordable Housing Network, Inc. 4. New Cingular Wireless PCS, LLC - Amended and Restated Lease Agreement April 20, 2020 Yays Nays 'V Shaw iV Sprank ✓ Roussel! t✓ Buol 1,4a Cavanagh ✓ Jones i. -'7 Resnick 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 Restated Urban Renewal Plan for May 18, 2020. RESOLUTION 106-20 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 Tight pole to access and install underground utilities to operate the small cell equipment on the light pole. RESOLUTION 107-20 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 8 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 108-20 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 4. New Cingular Wireless PCS, LLC - Amended and Restated Lease Agreement Upon motion this item was moved from the Consent Agenda. 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 104-20 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 BOARDS/COMMISSIONS Appointment to be made to the following Boards and Commission. 1. 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) Yays Nays t/ Shaw r%2 Sprank j/ Roussell j Buol L/ d Cavanagh i- T Jones Resnick 2. 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 Yays Nays L/ Shaw t,/-'- Sprank t,,,-- Roussell Buol Cavanagh Jones Resnick 10 PUBLIC HEARINGS 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 109-20 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) Yays Nays .v/ Shaw — Sprank Lam- Roussel) 1.--- Buol ✓7 Cavanagh ✓ Jones t/' Resnick i/9 06/})- /114A //la0/4 - kt/k4h 11 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 110-20 Disposing of City interest by deed to Danielle K. Atchison Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays l/ Shaw r---' Sprank G/ Roussel) L— Buol ice--'' Cavanagh Jones a Resnick /7//' �-' /7l4 ief)y /r.o' z72wri, - /20 12 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 111-20 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) Yays Nays i// Shaw //' Sprank L/ Roussell t/ Buol 2,-62 Cavanagh //- Jones if---- Resnick 13 Yays Nays Shaw Q/ Sprank c.- Roussell ri''' Buol i - 7 Cavanagh y--- Jones L__,--- Resnick 4. Gavilon Grain, LLC Lease Agreement - Purina Drive Property ;49 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 112-20 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) /7/1#1 �2rt' 171— 14 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 113-20 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) Yays Nays i.„----; Shaw Sprank 1/ Roussel) L— Buol ti....-;i7 Cavanagh Jones !/ Resnick /7A " „iv 15 PUBLIC INPUT Due to the COVID-19 pandemic and mandates for social distancing, public input was offered via Facebook Live and through ctyclerkRcityofdubuque.orq G(/ft 16 ACTION ITEMS 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 1.44=220 Awarding public improvement contract for the Cedar Street Force Main Air Vacuum Release Valve Replacement Project Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays Shaw 1— Sprank v' Roussel) 1/'- Buol v Cavanagh 1.....--o, Jones 1.---" Resnick %- O1� Afr-go /2/ .0e4rJ(22/ /2/ 17 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 14& 2O 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) Yays Nays 1.----' Shaw i/ Sprank j - Roussel) 2/ Buol 1---Y Cavanagh Jones r/ Resnick /7 17/1 */(/ "I"), ,/0 / ( mi9 18 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 4-10 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) Yays Nays y-'� Shaw 1/'--Sprank L- " Roussel) L/-Buol 1,-------' Cavanagh i/';:: Jones )7, Resnick ,e/M 19 1",zy 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 Yays Nays L/ Shaw ✓ Sprank Roussel) I/ Buol y'' / Cavanagh Jones ✓--- Resnick 0/ 217 20 t45. 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 Yays Nays 7,0' Shaw l/ Sprank t/ Roussel) 1// Buol Cavanagh t,//,• t/1 Jones Y/ Resnick ou0 WelA 21 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; Adept Rc tievri(s) Yays Shaw Nays Sprank RousselI Buol Cavanagh Jones Resnick 410, „7„, if40,404r/e., /Of /-(ae,e/zrz 22 g73 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. RESOLUTION111.117,20 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) Yays Nays I/ Shaw !y Sprank ii.,,,.-Roussell Buol Cavanagh Jones i,-'-' Resnick 23 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 Yays Nays , , Shaw 1// Sprank v ® Roussel) L/ Buol 1,� Cavanagh Jones Resnick /74/0-- /7lGrn74- tetr 24 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. ,,-S g ested Di •o itio • Rec 'vveand File; Council i�� � - urn LG7�-- Y�� Nays Shaw v/ Sprank 1,/ Roussel) vz Buol �' Cavanagh 1/'1 Jones ,Resnick Yays Nays Shaw pran.:'' °' ou;% ell Bt 01 /: gh Jones Resnick /0.0/,‘" //zd6/ GlicAez) #11.4",/zze'- /et- ,11#0 re7"° GG� &rde 4* kh 25 "--3 10. Request to Schedule Wor Session - Coronavirus Update " q p City Manager recommending tHiat 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 Yays Nays Shaw Sprank j -� Roussel) j .— Buol p/'- Cavanagh Jones ,%1/ Resnick ddif/e4 26 Adjournment @ COUNCIL MEMBER REPORTS CLOSED SESSION @ p.m. Professional Evaluation(s) - Chapter 21.5(1)(i) Code of Iowa Mayor Buol stated for the record that the attorney who will consult with City Council on the issue to be discussed in the closed session is City Attorney Brumwell. Yays Nays - Shaw L - Sprank L/ RousselI j --" Buol 4- Cavanagh r.--1 Jones Resnick Reconvened in open session @ p.m. /27,V.40/ Yays Nays Shaw Spra,„ "'o%ssell of - agh ///ga Jones Resnick 27 TO: Kevin S. Firnstahl, City Clerk You are hereby directed to call a special session of the City Council to be held on Monday, April 6, 2020 at 6:30 p.m. and conducted virtually for purpose of conducting a work session for the Inclusive Dubuque quarterly r: port. oy D. Buol, Mayor TO: Kevin S. Firnstahl, City Clerk You are hereby directed to call a regular session of the City Council to be held on Monday, April 6, 2020 at 6:00 p.m. and conducted virtually for the purpose of conducting such business that may properly come before the4City Council. oy D. Buol, Mayor CLOSED SESSION For the record that the attorney who will consult with City Council on the issue to be discussed in the closed session is City Attorney Crenna Brumwell. ,4 -6-,/23tz...4 i 4/go °i---61.4,(4-, 6. &F__/ ,_.' zP-,9 , 0, 14/ 471 w Zte_-. /%9 /-0n,=7_4/1l i7,4filitp- , , i _./22_,,o ,,/,/2/ ,--=,-- __z:-_ _____,./,74, - -", i-.-6_,zi, ieo /7-kz, 44,7-240/ % iCeG_6 4‘o.46 p/5 iiia'‘ 6,4,-/,i -z? ._____-714.,:r 4=9,2.3-- kfrAryx) ) oiR4/4/,-- ,404,2„fze,a „„o",b ,i-fzotv "r"/-- 1 , i