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5 18 20 City Council Agenda - Special and RegularR O LL C AL L O R D E R F O R ME E TIN G O F May 18, 2020 Jones, Shaw, Cavanagh, Sprank, Resnick, B uol, Roussell This meeting will be conducted as a virtual meeting. Due to social distancing guidelines related to the C O V ID-19 pandemic, C ity Council member s and City staff will par ticipate by webinar and will not meet in per son. The virtual meeting will be air ed live on CityChannel Dubuque (Mediacom cable channels 8 and 117.2), str eamed live and ar chived on the city’s website at www.cityofdubuque.org/media, and str eamed live on the City’s Facebook page at www.facebook.com/cityofdubuque. The public is invited to pr ovide input prior to, dur ing, and after the meeting. W ays to pr ovide questions or comments include: Contact the City C ouncil www.cityofdubuque.org/councilcontacts City C ler k’s Office at ctyclerk@cityofdubuque.org Dur ing the meeting - C ity’s Facebook page www.facebook.com/cityofdubuque The C ity of Dubuque highly encour ages people to view and par ticipate in C ity Council meetings through the vir tual options. C IT Y O F D U B U Q U E, IO W A C IT Y C O U N C IL ME E T IN G This meeting will be held virtually. Please see the information above for viewing, listening, and public input options. May 18, 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 W O R K S E S S IO N 1.5:30 P M - B roadband E xpansion C ity staff will provide an update to C ity Council on telec ommunic ations projects with emphasis on fiber-to-the-home, public/private partnerships, and expanded broadband acc ess. R E G U L AR S E S S IO N 6:30 P M P L E D G E O F AL L E G IAN C E P R E S E N TAT IO N(S) 1.C O V ID -19 U pdate Mary Rose C orrigan, P ublic Health S pecialist for the City of Dubuque, will provide an update on the C OV I D -19 pandemic and response activities. 2.R enee Tyler R eceives U niversity of Ar kansas Clinton S chool P ublic S er vice Award Transportation S ervices D irec tor Renee Tyler is the rec ipient of the P ublic Servic e Award, given to an online student who has demonstrated excellence in public servic e during their time at the Clinton S chool. C linton Sc hool of P ublic Servic e Dean Susan Hoffpauir will present the Pg. 1 award. P R O C L AMATIO N (S ) 1.Public H ealth N urses R ecognition D ay (May 18, 2020) On behalf of community and regional public health nurses. 2.Public W orks W eek (May 17-23, 2020) On behalf of public works, engineering, water, wastewater and park employ ees. 3.Police O fficer Recognition W eek (May 17-23, 2020) On behalf of the D ubuque c ommunity Polic e Offic ers. 4.Men's Health Month Pr oclamation (June 2020) On behalf of the C ity of D ubuque W ellness Committee and the Men's Health Network. C O N S E N T ITEMS The c onsent agenda items are considered to be routine and non-c ontroversial and all consent items will be normally voted upon in a single motion without any separate disc ussion on a partic ular item. I f you would like to discuss one of the C onsent I tems, please go to the microphone and be recognized by the May or and state the item y ou would like removed from the Consent Agenda for separate disc ussion and consideration. 1.Minutes and Reports Submitted C ity Council proc eedings of 5/4; Community Development A dvisory C ommission of 4/21; Long Range Planning Advisory Commission of 4/15; Zoning A dvisory C ommission of 5/6; Zoning Board of Adjustment of 4/22; P roof of Publication for City C ounc il proceedings of 4/16, 4/20, 4/22, 4/23, and 4/29. Suggested D isposition: R eceive and File 2.N otice of C laims and Suits Heather Flohr for vehic le damage, Nanc y Gourley for property damage, J oAnn W itterholt-W eigel for property damage. Suggested D isposition: R eceive and File; R efer to City Attorney 3.D isposition of C laims C ity Attorney advising that the following c laims have been referred to P ublic Entity Risk Servic es of I owa, the agent for the I owa C ommunities A ssuranc e P ool: Heather Flohr for vehic le damage, Nanc y Gourley for property damage, and J o Ann W itterholt-W eigel for property damage. Suggested D isposition: R eceive and File; C oncur 4.Appr oval of C ity E xpenditures C ity Manager rec ommending C ity Council approval for payment of City expenditures. R E S O L U T IO N A uthorizing the D irec tor of Financ e and B udget/C ity Treasurer to make certain pay ments of bills that must be paid and approved for payment in acc ordance with City proc edures Suggested D isposition: R eceive and File; Adopt R esolution(s) 5.2020 Consumer C onfidence W ater Q uality R epor t C ity Manager providing notic e that the City of Dubuque will be publishing its annual c onsumer confidenc e report doc umenting the 2019 water quality results. Suggested D isposition: R eceive and File 6.2020 O utdoor S ummer Pool O pening and S eason Information C ity Manager transmitting information regarding the Flora and Sutton outdoor swimming pool opening and Pg. 2 season. Suggested D isposition: R eceive and File 7.Pr e-Annexation Agreement for 13395 N. C ascade Road C ity Manager rec ommending approval of a P re-Annexation A greement with Robert J . Anthony for property loc ated at 13395 North C asc ade Road. R E S O L U T IO N A pproving a Pre-A nnexation Agreement between the City of Dubuque, I owa and Robert J . A nthony Suggested D isposition: R eceive and File; Adopt R esolution(s) 8.R elease of Mortgage - Lower Main Development, LL C for 137-153 Main Str eet. C ity Manager rec ommending approval of a Release of Real Estate Mortgage to Lower Main D evelopment, L L C for the D owntown Rehabilitation Loan for the property at 137-153 Main S treet. R E S O L U T IO N A pproving Release of Mortgage by the City of Dubuque, I owa on the property at 137-153 Main S treet owned by Lower Main D evelopment, L L C Suggested D isposition: R eceive and File; Adopt R esolution(s) 9.R equest for Pr oposals - C O V ID -19 Shelter Staffing Assistance C ity Manager transmitting a Request for P roposals for Shelter S taffing Assistanc e for the C OV I D-19 City I solation Shelter that was released on May 8, 2020, which would be paid through Community Development Bloc k Grant Funds. Suggested D isposition: R eceive and File; Approve 10.Subdivision Development Agr eement for a Por tion of Silver Oaks Estates C ity Manager rec ommending approval of a S ubdivision D evelopment Agreement with developer Roy al Oaks Development C orporation for construction of public improvements and the dedication of public street right-of-way and assoc iated easements in Silver Oaks E states in the City of Dubuque. R E S O L U T IO N A pproving a Subdivision Development A greement for a portion of S ilver Oaks Estates between the C ity of D ubuque, I owa and Roy al Oaks Development C orporation Suggested D isposition: R eceive and File; Adopt R esolution(s) 11.D owntown R ehabilitation Loans for W . 5th S treet and Main S treet P roperties C ity Manager rec ommending approval of a loan agreement between the C ity of D ubuque and Plastic C enter, I nc . for residential and commerc ial improvements made at 426-428 W . 5th S treet and 951-957 Main S treet (Betty J ane B lock). Suggested D isposition: R eceive and File; Approve 12.C ARich Pr oper ties, L LC - First Amendment to Development Agr eement for 278 W . 17th Str eet C ity Manager rec ommending approval of the First A mendment to Development A greement with C A Ric h Properties, L L C to redevelop property at 278 W . 17th Street into a 30-unit residential c omplex affordable to low- and moderate-income residents. R E S O L U T IO N A pproving the First Amendment to D evelopment Agreement between the City of D ubuque, I owa and C A Ric h P roperties, LLC Suggested D isposition: R eceive and File; Adopt R esolution(s) 13.2020 Depar tment of Justice Cor onavirus Emergency Funding Gr ant Application C ity Manager rec ommending approval to submit the 2020 C oronavirus Emergency Supplemental Funding Program Grant application for a two-year grant awarded under the C oronavirus Emergency Supplemental Funding (C E S F) Program. Pg. 3 Suggested D isposition: R eceive and File; Approve 14.Iowa Municipalities W or kers' C ompensation Association (IMW C A) R esolution Author izing Membership C ity Manager rec ommending approval of a Resolution authorizing the C ity to apply for membership in the I owa Munic ipalities W orkers’ Compensation Association as approved by the C ity Council on May 4, 2020. R E S O L U T IO N A uthorizing the C ity to apply for membership in the I owa Municipalities W orkers' C ompensation A ssoc iation (I MW C A) Suggested D isposition: R eceive and File; Adopt R esolution(s) 15.Flexsteel Industries, Inc. Announcement of P lanned Action C orrespondence from Flexsteel I ndustries, I nc. announc ing planned action for exiting its Recreational Vehicle and Hospitality business affec ting its global headquarters and Dubuque Operations sites. Suggested D isposition: R eceive and File 16.Media Campaign in Suppor t of Immigrant C ommunities C ity Manager rec ommending approval for the C ity of D ubuque to join other c ommunity organizations in a messaging campaign to support immigrant c ommunities in the wake of C OV I D -19. Suggested D isposition: R eceive and File; Approve 17.C ivil S er vice Commission - C er tified List C ivil Servic e Commission submitting the certified list for the position of P olice Officer. Suggested D isposition: R eceive and File; Make Matter of R ecord 18.Improvement C ontracts / Performance, P ayment and Maintenance Bonds Midwest C oncrete, I nc. for the 2020 Asphalt Overlay Ramp Project One Suggested D isposition: R eceive and File; Approve 19.Alcohol C ompliance Civil Penalty for Alcohol License H older – W al-Mart C ity Manager rec ommending approval of the A cknowledgement/Settlement Agreement for an alcohol c ompliance violation for W al-Mart S uperc enter #204, 4200 D odge Street. Suggested D isposition: R eceive and File; Approve 20.Tobacco Compliance C ivil P enalty for Tobacco License Holder – Dollar G eneral C ity Manager rec ommending approval of the A cknowledgement/Settlement Agreement for a tobacc o c ompliance violation for D ollar General S tore #6896, 605 W . Locust Street. Suggested D isposition: R eceive and File; Approve 21.Tobacco Compliance C ivil P enalty for Tobacco License Holder – S pencer Gifts C ity Manager rec ommending approval of the A cknowledgement/Settlement Agreement for a tobacc o c ompliance violation for Spencer Gifts, 555 J .F. Kennedy Road. Suggested D isposition: R eceive and File; Approve 22.Alcohol License Applications C ity Manager rec ommending approval of annual beer, liquor and wine lic enses as submitted. R E S O L U T IO N Approving applications for beer, liquor, and/or wine permits, as required by C ity of D ubuque C ode of Ordinances Title 4 Business and Lic ense Regulations, C hapter 2 Liquor C ontrol, Artic le B Liquor, B eer and W ine Licenses and Permits Suggested D isposition: R eceive and File; Adopt R esolution(s) Pg. 4 23.Police O fficers R ecognition W eek (May 17-28, 2020) IT E MS S E T F O R P U B LIC H E AR IN G These agenda items ar e being scheduled for a futur e public hearing on the date indicated. 1.U niversity of Dubuque Gr ant of E asement on Algona Str eet R ight-of-W ay C ity Manager rec ommending that the C ity Council set a public hearing for J une 1, 2020 to c onsider granting the easement to the University of Dubuque for the private utilities c onduit through the Algona Street right-of-way. R E S O L U T IO N of I ntent to dispose of C ity interest by Grant of E asement for private utility to University of D ubuque for an underlying portion of Algona Street Suggested D isposition: R eceive and File; Adopt R esolution(s), Set Public H earing for June 1, 2020 2.Iowa D epartment of Tr ansportation (ID O T) C onsolidated Funding Application C ity Manager rec ommending that a public hearing be set for J une 15, 2020, on the J ule’s I owa D epartment of Transportation (I D OT) Consolidated Funding A pplic ation to explain the state and federal funding requests. R E S O L U T IO N S etting the date for a public hearing on I owa D OT c onsolidated Funding applic ation Suggested D isposition: R eceive and File; Adopt R esolution, S et P ublic Hear ing for June 15, 2020 P U B L IC H E AR IN G S Citiz ens are invited to address the C ity Council r egarding 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 consider ed. 1.R equest to R ez one - 3000 and 3040 Jackson S treet Proof of publication on notice of public hearing to consider approval of a request from S teve Emerson, 3000 J ac kson, LLC to rezone property at 3000 and 3040 J ackson S treet from L I Light I ndustrial Zoning D istrict to C-4 D owntown C ommercial Zoning D istrict, and the Zoning Advisory Commission recommending approval. O R D IN AN C E A mending Title 16 of the City of Dubuque Code of Ordinanc e, Unified D evelopment Code by rec lassify ing hereinafter desc ribed property located at the northeast c orner of the intersec tion of J ac kson and 30th Streets from LI Light I ndustrial Distric t to C - 4 D owntown C ommercial Distric t Suggested D isposition: R eceive and File; Motion B; Motion A 2.C ode of O rdinances - Text Amendment for Community Gardens Proof of publication on notice of public hearing to consider approval of a request from the C ity of Dubuque to define Community Gardens as “a publicly or privately owned parc el where people gather to grow produc e and flowers.” List Community Gardens as a permitted use in all Residential and OR Offic e Residential D istricts, and the Zoning A dvisory C ommission recommending approval. O R D IN AN C E A mending Title 16 of the City of Dubuque Code of Ordinanc es, Unified D evelopment Code, by amending C hapter 16-2-3, D efinitions, to add a definition of C ommunity Gardens, and by amending C hapters 16-5-2.1, 16-5-3.1, 16-5-4.1, 16-5-5.1, 16-5-6.1 and 16- 5-7.1 to add Community Gardens as a permitted use Pg. 5 Suggested D isposition: R eceive and File; Motion B; Motion A 3.Gr eater D owntown U rban R enewal D istr ict - R esolution of Adoption Proof of publication on notice of public hearing to consider approval of an Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal D istrict, and the City Manager recommending approval. R E S O L U T IO N A pproving the amended and Restated Urban Renewal P lan for the Greater D owntown Urban Renewal Distric t Suggested D isposition: R eceive and File; Adopt R esolution(s) 4.B ell Atlantic Mobile S ystems, L LC (d/b/a Veriz on W ireless) G rant of Easement – S mall C ell E quipment in Flora Park Proof of publication on notice of public hearing to consider approval of a grant of easement to Bell A tlantic Mobile S ystems LLC, d/b/a Verizon W ireless, for a 10 foot-wide easement from the public right-of-way, ac ross City of Dubuque property in Flora Park, to a light pole to acc ess and install underground utilities to operate the small cell equipment on the light pole, and the City Manager recommending approval. R E S O L U T IO N Disposing of an interest in real property by Grant of E asement to B ell Atlantic Mobile systems, L L C , D/B /A Verizon W ireless, for small c ell equipment in Flora Park Suggested D isposition: R eceive and File; Adopt R esolution(s) 5.K aufmann Avenue S torm S ewer Improvement Pr oject from Fr ancis S treet to N orth Main Str eet Proof of publication on notice of public hearing to consider approval of the plans, specifications, form of contract and estimated cost for the Kaufmann Avenue Storm S ewer P rojec t from Francis S treet to North Main Street. R E S O L U T IO N A pproval of plans, specifications, form of c ontrac t, and estimated cost for the Kaufmann Avenue Storm S ewer I mprovement Project from Franc is Street to North Main S treet. Suggested D isposition: R eceive and File; Adopt R esolution(s) 6.2020 P avement Marking Pr oject Proof of publication on notice of public hearing to consider approval of plans, spec ific ations, form of contract, and estimated c ost for the 2020 Pavement Marking P rojec t, and the C ity Manager rec ommending approval. R E S O L U T IO N Approval of the plans, specifications, form of c ontrac t, and estimated cost for the 2020 Pavement Marking P rojec t Suggested D isposition: R eceive and File; Adopt R esolution(s) 7.Fiscal Year 2020 B udget Amendment No. 3 Proof of publication on notice of public hearing to consider approval of the Fisc al Year 2020 Budget Amendment No. 3, and the City Manager recommending approval. R E S O L U T IO N A mending the current budget for the Fiscal Year Ending J une 30, 2020 as amended last on November 4, 2019. Suggested D isposition: R eceive and File; Adopt R esolution(s) P U B L IC IN P U T A t this time, any one in the C ounc il Chambers may address the C ity Council on the A ction I tems on the agenda or on matters under the c ontrol of the C ity Council. C itizens are asked to approac h the podium and state their name and address before proceeding with their c omments. I ndividual remarks are limited to five minutes, and the overall P ublic I nput period is limited to 30 minutes. Under the I owa Pg. 6 Open Meetings Law, the City C ounc il can take no formal ac tion on comments given during Public I nput which do not relate to Ac tion I tems on the Agenda. AC T IO N ITEMS These are items where discussion is held by the City C ouncil - public comments are not allowed except as author ized by the Mayor. 1.Letters to Members of C ongress - S upplemental Funding S upport for Local Gover nment Mayor Roy D. Buol providing copies of letters to S enator Grassley, Senator E rnst, and C ongresswoman Finkenauer regarding supplemental funding support for loc al government. Suggested D isposition: R eceive and File 2.Federal Funding Pr ovision to P rovide Healthcar e Cover age for United States Marshallese R esidents Letters submitted to S enator Grassley , S enator Ernst, and Congresswoman Finkenauer supporting federal funding provision to provide healthc are c overage for United S tates Marshallese residents. Suggested D isposition: R eceive and File 3.Awarding the Julien Dubuque D rive S anitary Pr oject C ity Manager rec ommending award of the J ulien D ubuque D rive Sanitary P rojec t c onstruc tion c ontrac t to the low bidder D rew C ook & Sons E xc avating Company, I nc . R E S O L U T IO N Awarding Public I mprovement C ontrac t for the J ulien Dubuque Dr. S anitary Project Suggested D isposition: R eceive and File; Adopt R esolution(s) 4.Small B usiness C onstr uction-Impacted Micr oloan C ity Manager rec ommending approval of a resolution approving a C ontrac t for S ervices by and among the City of Dubuque, D ubuque I nitiatives and E ast Central I ntergovernmental Association for the administration of a mic roloan program to assist downtown businesses adversely affec ted by lengthy C ity construction projects. R E S O L U T IO N A uthorizing the execution of a Contract for Servic es by and among East C entral I ntergovernmental Association, Dubuque I nitiatives, and the C ity of D ubuque, I owa Suggested D isposition: R eceive and File; Adopt R esolution(s) 5.Gr eater D owntown U rban R enewal D istr ict - N orth P er u R oad S ubar ea Or dinance C ity Manager rec ommending adoption of an ordinanc e amending the tax inc rement financ ing district for the Greater D owntown Urban Renewal Distric t that will expand the Distric t to include the new North Peru Road S ubarea. O R D IN AN C E A mending Ordinance No. 26-17, P reviously amended, providing that general property taxes levied and c ollected each y ear on all property located within the Greater D owntown Urban Renewal Distric t of the C ity of D ubuque, County of D ubuque, S tate of I owa, by and for the benefit of the S tate of I owa, C ity of D ubuque, County of D ubuque, Dubuque C ommunity Sc hool D istrict, and other Taxing Distric ts, be paid to a spec ial fund for pay ment of princ ipal and interest on loans, monies advanc ed to and indebtedness, including Bonds issued or to be issued, incurred by said C ity in connec tion with the A mended and Restated Urban Renewal P lan for the Greater D owntown Urban Renewal Distric t Suggested D isposition: R eceive and File; Motion B; Motion A 6.Southwest Arterial C onstr uction Update Video Media Servic es Division will show a video of the rec ent progress of the S outhwest Arterial Project (A pril 2020) Pg. 7 Pg. 8 City Clerk /s/Kevin S. Firnstahl, CMC Iowa by dialing 711 or (800) 735-2942. ctyclerk@cityofdubuque.org as soon as feasible. Deaf or hard-of-hearing individuals can use Relay assistance should contact the City Clerk's Office at (563) 589-4100, TDD/TTY (563) 690-6678, Individuals with limited English proficiency, vision, hearing or speech impairments or requiring special St., Dubuque, IA 52001, before or at said time of meeting. Written comments regarding the above items may be submitted to the City Clerk's Office, 50 W. 13th of Dubuque, Iowa and/or governmental body holding the meeting. This notice is given pursuant to Chapter 21, Code of Iowa, and applicable local regulations of the City Clerk's Office, 50 W. 13th Street, during regular business hours. The agenda with supporting documents may be accessed at www.cityofdubuque.org or at the City ADJOURNMENT COUNCIL MEMBER REPORTS Receive and File; Video Presentation Suggested Disposition: The video presentation is available at https://bit.ly/2yU9lEX through the collaborative efforts of members of Dubuque’s arts and cultural community. City Manager providing information on a Public Service Announcement (PSA) produced 8. Public Service Announcement and video from the City's Arts and Culture Partners Receive and File; Video Presentation Suggested Disposition: Tower Construction. Media Services Division will show a video of the recent progress of the Roosevelt Street Water 7. Roosevelt Street Water Tower Construction Video Update Receive and File; Video Presentation Suggested Disposition: