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4 6 20 City Council Proceedings Official_Special and Regular1 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL 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. Present: Mayor Buol; Council Members Cavanagh, Jones, Resnick, Roussell, Shaw, Sprank; City Manager Van Milligen, City Attorney Brumwell 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 Representatives of The Community Foundation of Greater Dubuque p resented the quarterly report for Dubuque Initiatives. Paul Duster, Director of Community Initiatives; Jenna Manders, Director of Strategic Relations; Clara Lopez Ortiz, Equity Coordinator; Alex Baum, Knowledge Management Director. Topic included: • Vision and Values: economic opportunity, equity and inclusion, academic achieve- ment • Grant-making during a pandemic • COVID-19 Response – using an inclusive lens • Nonprofit survival coaching • Equity and inclusion • Business leader equity cohort • Best practices in diversity, equity, and inclusion • Inclusive Dubuque newsletter • Inclusive Dubuque network partner meetings • Needs assessment o Project scope o Who are our immigrants? o Immigration quotas o Legality • The work so far • Current activities • Key findings • Next steps The presenters responded to questions from the City Council. 2 There being no further business, Mayor Buol declared the work session adjourned at 6:16 p.m. /s/Kevin S. Firnstahl, CMC, City Clerk 3 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL 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, Roussell, Shaw, Sprank; City Manager Van Milligen, City Attorney Brumwell 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; Mayor Roy D. Buol read an update to his March 17, 2020 COVID-19 Declaration Proclamation. 2. COVID-19 Update: Public Health Specialist Mary Rose Corrigan provided an update on county-wide COVID-19 pandemic situation and response activities. Topics included current, local pandemic data for the City of Dubuque, Dubuque County and updates from Governor Reynolds continuing the State Public Health Emergency Declaration and order- ing additional closures. PROCLAMATION(S) 1. National Service Recognition Day (April 7, 2020) was accepted by Mayor Buol on behalf of AmeriCorps Dubuque and the Corporation for National & Community Service . CONSENT ITEMS The City Clerk announced that Item No. 19. New Cingular Wireless PCS, LLC - Amended and Restated Lease Agreement is moved to Items to be Set for Public Hearing. Motion by Jones to receive and file the documents, adopt the resolutions, and dispose of as indicated except for Item No. 19. Seconded by Roussell. The City Clerk and Public Information Officer reported that there was no online public input received related to the Consent Items. Motion carried 7-0. 4 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 Publica- tion for City Council Proceedings of 3/2; Proof of Publication for List of Claims and Sum- mary of Revenues for Month Ending 2/29. Upon motion the documents were received and filed. 2. Approval of City Expenditures: City Manager recommending City Council approval for payment of City expenditures. Upon motion the documents were received and filed, and Resolution No. 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 accord- ance with City procedures was adopted. RESOLUTION NO. 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 Whereas, Section 1-7-7(E) of the Municipal Code of the City of Dubuque provides that the Finance Director-City Treasurer shall keep an accurate account of all disbursements, money, or property, specifying date, to whom, and from what fund paid; and Whereas, the invoices, presented by those firms and persons providing such goods and services have been pre-audited by Finance Department personnel in accordance with generally accepted internal control procedures and have been determine d to have been requisitioned for a lawful municipal purpose; and Whereas, the Finance Director-City Treasurer has provided a list of Expenditures at- tached hereto, and by this reference made a part hereof, to be drawn to pay for goods and services provided for City purposes; and Whereas, the City Council of the City of Dubuque has heretofore, by Resolution 142 - 18 adopted May 7, 2018, authorized the Finance Director-City Treasurer to issue checks in payment of certain expenditures known as Exception Expenditu res prior to City Council approval and such list is attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The Finance Director-City Treasurer is hereby authorized to issue payment for goods and services provided for City purposes in response to the purchase orders and contracts issued in compliance with state and municipal code requirements as re- quested by designated requisitioning authorities in accordance with approved budget ap- propriations. Section 2. In accordance with Iowa Code Section 372.13(6), the City Clerk and Finance Director are hereby authorized and directed to provide the statement of receipts and dis- bursements to the City Council, and to publish a summary thereof. Passed, approved, and adopted this 6th day of April. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 3. 2019 Arts Mean Business Activity Report: City Manager transmitting the Arts Mean Business 2019 Activity Report. Upon motion the document was received and filed. 5 4. Exclusive Soft Drink Provider Agreement for Leisure Services Facilities: City Man- ager 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 . Upon motion the documents were received, filed and approved. 5. SW Arterial intelligent Transportation System (ITS) Agreement : City Manager rec- ommending 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. Upon motion the documents were received and filed, and Resolution No. 102-20 Approving a Cooperative Funding Agreement (2020-16-033) with the Iowa Department of Transportation for the develop- ment and implementation of an Intelligent Transportation System along the U.S. 52 / Southwest Arterial Corridor was adopted. RESOLUTION NO. 102-20 APPROVING A COOPERATIVE FUNDING AGREEMENT (2020-16-033) WITH THE IOWA DEPARTMENT OF TRANSPORTATION FOR THE DEVELOPMENT AND IM- PLEMENTATION OF AN INTELLIGENT TRANSPORTATION SYSTEM ALONG THE U.S. 52 / SOUTHWEST ARTERIAL CORRIDOR Whereas, the U.S. 52 / Southwest Arterial is nearing completion, and the City and Iowa DOT have continued the collaborative partnership with discussions on developing and implementing an Intelligent Transportation System (ITS) network along the Southwest Arterial Corridor; and Whereas, the City already manages and operates a robust ITS network consisting of cameras, sensors, dynamic message boards, and other related technology in the City for the purpose of easing traffic congestion and improving the safety and efficiency of vehicle transportation in and around the Dubuque area; and Whereas, the City and Iowa DOT wish to jointly partner together to design and con- struct a similar fiber optic communications and ITS system along the Southwest Arterial Corridor, consisting of cameras, sensors, dynamic message boards, and other related technology to support transportation and public safety applications; and Whereas, per the Agreement, the City will be responsible for the design, construction, inspection and on-going maintenance of a multi-duct conduit system, fiber optic cable, and all related equipment to support a fiber optic communications system along the Southwest Arterial from U.S. 20 to U.S. 61/151; and Whereas, in return for the City designing, constructing, operating and maintaining the fiber optic communications and ITS system, including the 24 strands of fiber optic cable reserved / used by the Iowa DOT, the State of Iowa shall reimburse the City for an amount not to exceed $1,500,000. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The said Cooperative Funding Agreement (Agreement No. 2020-16-033) with the Iowa Department of Transportation for the development and implementation of 6 an Intelligent Transportation System (ITS) along the U.S. 52 / Southwest Arterial Corridor is hereby approved. Section 2. The Mayor be authorized and directed to execute two copies of said Coop- erative Funding Agreement (Agreement No. 2020-16-033) 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. Passed, approved, and adopted this 6th day of April 2020. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 6. Downtown Rehabilitation Loan Program for 1555 Central Avenue : City Manager rec- ommending approval of a Downtown Rehabilitation Loan Program Grant Award to Tim Specht for façade improvements to 1555 Central Avenue. Upon motion the documents were received, filed, and approved. 7. Downtown Rehabilitation Loan Program fo r 1638 Central: City Manager recom- mending approval of a Downtown Rehabilitation Loan Program Grant Award to building owner, United Brotherhood of Carpenters & Joiners of America, for façade improvements to 1638 Central Avenue. Upon motion the documents were received and filed. 8. Dubuque Children's Zoo Booster Lease Approval” City Manager recommending ap- proval of the annual renewal to the 5-year lease agreement with the Dubuque Children’s Zoo Boosters, Inc. Upon motion the documents were received, filed ,and approved. 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. Upon motion the documents were received, filed and approved. 10. Congressional Correspondence Requesting Programming Support: Mayor Roy D. Buol's correspondence to U.S. Congressional representatives requesting financial sup- port of certain programs. Upon motion the documents were received and filed. 11. Port of Dubuque LLC (Merge, LLC) First Amendment to Development Agreement: City Manager recommending approval of the First Amendment to Development Agree- ment with Port of Dubuque LLC to extend the closing from April 2020 to October 1, 2020. Upon motion the documents were received and filed, and Resolution No. 103-20 Approv- ing the First Amendment to Development Agreement between the City of Dubuque, Iowa and Port of Dubuque, LLC was adopted. RESOLUTION NO. 103-20 APPROVING THE FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BE- TWEEN THE CITY OF DUBUQUE, IOWA, AND PORT OF DUBUQUE LLC Whereas, the City of Dubuque and Merge, LLC, an Iowa limited liability company doing business as Merge Urban Development Group entered into that certain Development Agreement dated November 18, 2019 with respect to the matters specified therein; and 7 Whereas, on February 13, 2020, pursuant to an Assignment of Development Agree- ment, Merge, LLC as Assignor assigned all of its right, title, and interest in, to, and under the Agreement to Port of Dubuque LLC as Assignee, and Assignee accepted, assumed, and agreed to perform all of the obligations and liabilities of Assignor under the Develop- ment Agreement as if it were the original party to the Development Agreement; and Whereas, the parties desire to further modify the Development Agreement as set out in the First Amendment to Development Agreement; and Whereas, the City Council finds that it is in the interests of the City of Dubuque to approve the First Amendment to Development Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA AS FOLLOWS: Section 1. The First Amendment to Development Agreement is hereby approved. Passed, approved, and adopted this 6th day of April 2020. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 12. Sustainable Dubuque Community Grant Award Recommendation : City Manager recommending approval of the Resilient Community Advisory Commission recommenda- tions for four projects for funding from the Sustainable Dubuque Community Grant Pro- gram. Upon motion the documents were received, filed and approved. 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. Upon motion the documents were received and filed. 14. Proposed Master Co-location and Shared Services and First Amendment between the City of Dubuque and Interstate Power and Light: City Manager recommending ap- proval of a Master Co-Location and Shared Services Agreement, and initial project under that Agreement, with Interstate Power and Light fo r the installation of a shared fiber con- duit route within the City of Dubuque. Upon motion the documents were received, filed and approved. 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. Upon motion the documents were received and filed. 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. Upon motion the documents were received and filed. 8 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. Upon motion the documents were received and filed. 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. Upon motion the documents were received, filed, and ap- proved. 19. New Cingular Wireless PCS, LLC - Amended and Restated Lease Agreement: Upon motion, this item was moved to 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. Upon motion the documents were received and filed. 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. Upon motion the documents were received, filed, and approved. 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. Upon motion the documents were received, filed and approved. 23. Alcohol License Applications: City Manager recommending approval of annual liq- uor, beer, wine and tobacco license applications as submitted. Upon motion the docu- ments were received and filed, and Resolution No. 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 was adopted. RESOLUTION NO. 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 LIQ- UOR, BEER AND WINE LICENSES AND PERMITS Whereas, applications for Beer, Liquor, and or Wine Permits have been submitted and filed with the City Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City and the applicants have filed the proper fees and bonds and otherwise complied with the requirements of the Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: 9 Renewals Bunker Hill Golf Course 2200 Bunker Hill Rd. Class C Liquor License (Cater- ing) (Outdoor) (Sunday) Hy-Vee #3 400 Locust St. Class E Liquor, Class C Beer, Class B Wine (Sunday) Hy-Vee Gas #3 300 Locust St. Class C Beer, Class B Native Wine (Sunday) Joliet Building Corporation 781 Locust St. Class C Liquor (Sunday) Kwik Stop Food Mart 2360 Central Ave. Class E Liquor, Class B Native Wine, Class C Beer (Sunday) Lina's Thai Bistro 2055 Holliday Dr. #200 Class C Liquor, Class B Wine (Sunday) Neighbor's Tap 1899 Rockdale Rd. Class C Liquor Noonan's Tap 1618 Central Ave. Class C Liquor (Sunday) Panchero's Mexican Grill 4840 Asbury Rd. Class B Beer (Outdoor) (Sun- day) Tavern on the Main 920 Main St. Class C Liquor New McAleece Park and Rec- reation Complex 1801 Admiral Sheehy Dr Class B Beer, Class B Native Wine (Outdoor) (Sunday) Port of Dubuque Marina 450 E 3rd St. Class B Beer, Class B Native Wine (Outdoor) (Sunday) Section 1. The City Clerk is hereby authorized and directed to cause to be issued the noted permit types to the following applicants pending submission of the locally required documentation: Passed, approved, and adopted this 6th day of April 2020. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk ITEMS SET FOR PUBLIC HEARING Motion by Resnick to receive and file the documents, adopt the resolutions, set the public hearings as indicated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Cavanagh. Motion carried 7-0. 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 Down- town Urban Renewal District and sets a public hearing on the proposed Amended and Restated Urban Renewal Plan for May 18, 2020. Upon motion the documents were re- ceived and filed and Resolution No. 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 was adopted set- ting a public hearing for a meeting to commence at 6:30 p.m. on May 18, 2020. 10 RESOLUTION NO. 106-20 AUTHORIZING AND DIRECTING THE CITY MANAGER TO PREPARE AN AMENDED AND RESTATED URBAN RENEWAL PLAN FOR THE GREATER DOWNTOWN UR- BAN RENEWAL DISTRICT AND SETTING THE DATE FOR A PUBLIC HEARING AND CONSULTATION ON THE PROPOSED AMENDED AND RESTATED URBAN RE- NEWAL PLAN FOR SAID DISTRICT Whereas, the City Council of the City of Dubuque has heretofore approved the Amended and Restated Urban Renewal Plan (for the Greater Downtown Urban Renewal District (the “District”) in order to provide redevelopment opportunities which will further the purposes and objectives of the Amended and Restated Urban Renewal Plan; and Whereas, City staff has recommended that the Amended and Restated Urban Re- newal Plan be further amended and restated and that the District be expanded to add an adjacent area which meets the definition of an economic development area in Iowa Code Chapter 403, and that the proposed Amended and Restated Urban Renewal Plan be updated to include such area and to update urban renewal project descriptions and make any other necessary revisions; and Whereas, Iowa Code Chapter 403 requires that before urban renewal authority may be exercised, the City Council must adopt a resolution of necessity finding that the area in question is a slum, blighted or economic development area, and that so designating such area is necessary in the interest of the public health, safety or welfare of the resi- dents of the municipality. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the area referred to herein as the North Peru Road Subarea, as gen- erally described in Exhibit “A” and Exhibit “B” to this Resolution and to be included in the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District, is an economic development area as defined by Iowa Code Chapter 403 and is appropriate for an urban renewal project. Section 2. That the development of the above-described Subarea is necessary and appropriate to facilitate the proper growth and development of the community in accord- ance with sound planning and local community objectives. Section 3. That the City Manager is authorized and directed to prepare an Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District to accomplish the foregoing purposes and objectives, to include in such Plan any appropri- ate project activities and details, to determine an appropriate date for and conduct the consultation process required by law with affected taxing entities concerning the proposed Plan, and submit the proposed Amended and Restated Urban Renewal Plan to the Long Range Planning Advisory Commission for review and recommendation as to its conform- ity with the general plan for the development of the community as a whole. Section 4. That the City Council hold a public hearing on the adoption of the proposed Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District on May 18, 2020 at 6:30 p.m. in the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa 52001 (and/or by virtual means). The notice of said hearing shall generally identify the areas covered by the proposed Amended and Restated Urban Renewal Plan and the general scope of the urban renewal activities planned for such areas, and said notice shall be published in a newspaper having general circulation within the City not 11 less than four days nor more than twenty days before the date of said meeting. A copy of the notice of public hearing shall be sent by ordinary mail to the affected taxing entities. Section 5. That the City Clerk is further directed to send by ordinary mail a copy of the proposed Amended and Restated Urban Renewal Plan, the notice of public hearing, a notice of consultation, and, to the extent the Plan includes the use of tax increment reve- nues for a public building, an analysis of alternative development and funding options for such public buildings, to the Dubuque Community School District and Dubuque County, as the affected taxing entities. Passed, approved, and adopted this 6th day of April 2020. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 2. Verizon Wireless Grant of Easement - Small Cell Equipment in Flora Park: City Man- ager 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 utili- ties to operate the small cell equipment on the light pole. Upon motion the documents were received and filed and Resolution No. 107-20 Setting public hearing on the Grant of Easement to Bell Atlantic Mobile Systems, LLC d/b/a Verizon Wireless, for sm all cell equipment in Flora Park was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on April 20, 2020. RESOLUTION NO. 107-20 SETTING A PUBLIC HEARING ON THE GRANT OF EASEMENT TO BELL ATLANTIC MOBILE SYSTEMS LLC, D/B/A VERIZON WIRELESS, FOR SMALL CELL EQUIP- MENT IN FLORA PARK Whereas, the City of Dubuque, Iowa (City) is the owner of real property legally de- scribed as: ALL THAT PARCEL OF LAND IN THE TOWNSHIP OF DUBUQUE IN THE COUNTY OF DUBUQUE AND STATE OF IOWA AS MORE FULLY DESCRIBED IN DEED BOOK 154 PAGE 337 AND BOOK 154 PAGE 336 AND PARCEL # 1022481003, BEING KNOWN AND DESIGNATED AS: DEED BOOK 154, PAGE 337: LOT 2 OF SUB. OF LOT 2 OF LOT 1 OF LOT 1 OF LOT 1 OF LOT 3 OF LOT 1 OF LOT 1 OF LOT 2 OF JOHN P, MATTEL'S SUBDIVISION IN DUBUQUE TOWN- SHIP, DUBUQUE COUNTY, IOWA, NOW IN THE CITY OF DUBUQUE, IOWA. DEED BOOK 154, PAGE 336: LOT 1 OF SUB. OF LOT 2 OF LOT 1 OF LOT 1 OF LOT 1 OF LOT 3 OF LOT 1 OF LOT 1 OF LOT 2 OF JOHN P. MATTEL'S SUBDIVISION IN DUBUQUE TOWN- SHIP, DUBUQUE COUNTY, IOWA, NOW IN THE CITY OF DUBUQUE, IOWA, AND LOT 2 OF SUB. OF LOT 1 OF LOT 1 OF LOT 1 OF LOT 1 OF LOT 3 OF LOT 1 OF LOT 1 OF LOT 2 OF JOHN P. MATTEL'S SUBDIVISION IN DUBUQUE TOWN- SHIP, DUBUQUE COUNTY, IOWA, NOW IN THE CITY OF DUBUQUE, IOWA. (the Property); and 12 Whereas, Bell Atlantic Mobile Systems LLC, d/b/a Verizon Wireless, has requested a 10’ wide easement from the public right of way, across City of Dubuque the Property in Flora Park, as shown on the attached Grant of Easement, to a light pole to access and install underground utilities to operate the small cell equipment on the light pole; and Whereas, a pole attachment permit was issued to Verizon Wireless on March 21, 2019; and Whereas, the City Council finds that it is in the interests of the City of Dubuque to approve the Grant the Easement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City of Dubuque intends to vacate and dispose of its interest in the foregoing-described Property to Bell Atlantic Mobile Systems LLC, d/b/a Verizon Wireless pursuant to the proposed Grant of Easement. Section 2. The City Clerk is hereby authorized and directed to cause this Resolution and a notice to be published as prescribed by Iowa Code Section 364.7 of a public hearing on the City’s intent to dispose of the foregoing-described Property, to be held on the 20th day of April, 2020 at 6:30 p.m. in the City Council Chambers at the Historic Federal Build- ing, 350 W. 6th Street, Dubuque, Iowa. Section 3. That the notice of the propo sed action shall be in substantially the form attached hereto. Passed, approved, and adopted this 6th day of April 2020. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 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 Washing- ton Street to Affordable Housing Network, Inc., who will rehabilitate and sell the property to an income-qualifying household under 80% median income. Upon motion the docu- ments were received and filed and Resolution No. 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 was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on April 20, 2020. RESOLUTION NO. 108-20 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 Whereas, the City of Dubuque, Iowa (City) owns 1938 Washington Street (the Prop- erty) legally described as: Northerly 33 feet of Lots 21 and 22 in East Dubuque Addition, in the City of Dubu- que, Iowa, according to the recorded plat thereof (the Property); and Whereas, City acquired the Property by petition as an abandoned property for the pur- pose of its restoration and re-sale for owner-occupied housing; and 13 Whereas, Affordable Housing Network, Inc, will rehabilitate the property and sell the property to an income qualified family and Whereas, by accepting the selected offer the City’s objectives of providing homeown- ership to an income qualified buyer and rehabilitation of a vacated home can be realized and is consistent with the City goal of creating opportunities for affordable home owner- ship. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque, Iowa, proposes to dispose of its interest in the above described real estate to Affordable Housing Network, Inc. Section 2. That the City Council shall conduct a public hearing on the proposed dispo- sition of real estate in the City Council Chambers at the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa on the 20th day of April 2020 beginning at 6:30 p.m. Section 3. That the City Clerk be and is hereby authorized and directed to publi sh notice of the public hearing in the form attached hereto, according to law. Passed, approved, and adopted this 6th day of April 2020. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 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. Upon motion the documents were received and filed and Reso lution No. 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 was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on April 20, 2020. RESOLUTION NO. 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 Whereas, the City of Dubuque, Iowa (City) owns the real property legally described as follows: Lots 21, 22 and 23, Finley Home Addition to the City of Dubuque, Dubuque County, Iowa. and Lot 2 in Finley Home Addition No. 2, in the City of Dubuque, Dubuque County, Iowa (the Property), locally known as 1575 West Third Street, Dubuque, Iowa; and Whereas, City and New Cingular are parties to a certain Water Tank & Ground Space Lease dated May 21, 2001 (the “Existing Lease); and Whereas, City and New Cingular have negotiated an Amended and Restated Lease Agreement for the Property, a copy of which Amended and Restated Lease Agreement is on file at the office of the City Clerk, City Hall, 13th and Central Avenue, Dubuque, Iowa, 14 for the installation and operation of a cellular radio -telephone communication antenna facility; and Whereas, the City Council believes it is in the best interests of the City of Dubuque to approve the proposed Amended and Restated Lease Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The City of Dubuque intends to dispose of its interest in the Property by Amended and Restated Lease Agreement between City and New Cingular Wireless PCS, LLC. Section 2. The City Clerk is hereby authorized and directed to cause this Resolution and a notice to be published as prescribed by Iowa Code Section 364.7 of a public hearing on the City's intent to dispose of the Property, to be held on the 20th day of April, 2020, at 6:30 p.m. at the Historic Federal Building, Council Chambers, 350 W. 6th Street, Dubuque, Iowa. Passed, approved and adopted this 6th day April 2020. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk BOARDS/COMMISSIONS Appointments were 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). Motion by Resnick to appoint Mr. Cooley to a 3 -year term through August 1, 2021. Seconded by Sprank. Motion carried 7-0. 2. Zoning Advisory Commission: One, 3-Year term through July 1, 2022 (Vacant term of Belmont). Applicant: Matthew Mulligan, 1167 Hunters Ridge. Motion by Jones to ap- point Mr. mulligan to a 3-year term through July 1, 2022. Seconded by Cavanagh. Motion carried 7-0. PUBLIC HEARINGS 1. Walter Development, LLC / Duluth Holdings, Inc. - Amended and Restated Devel- opment Agreement: Proof of publication on notice of public hearing to consider approval of an Amended and Restated Development Agreement by and among Walter Develop- ment, 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 Man- ager recommending approval. Motion by Cavanagh to receive and file the documents and adopt Resolution No. 109-20 Approving an Amended and Restated Development Agree- ment 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. Seconded by Jones. The City Clerk and Public 15 Information Officer confirmed that there was no online public input received regarding this item. Motion carried 7-0. RESOLUTION NO. 109 - 20 APPROVING AN AMENDED AND RESTATED DEVELOPMENT AGREEMENT BY AND AMONG THE CITY OF DUBUQUE, WALTER DEVELOPMENT, LLC, AND DU- LUTH HOLDINGS, INC. FOR THE SALE OF CITY-OWNED PROPERTY INCLUDING THE ISSUANCE OF URBAN RENEWAL TAX INCREMENT REVENUE OBLIGATIONS Whereas, the City Council, by Resolution No. 100 - 20, dated March 25, 2020, declared its intent to dispose of an interest in City of Dubuque real estate pursuant to an Amended and Restated Development Agreement by and among the City of Dubuque, Walter De- velopment, LLC, and Duluth Holdings, Inc., including the issuance of Urban Renewal Tax Increment Revenue Obligations; and Whereas, pursuant to published notice, a public hearing was held on the proposed Development Agreement on April 6, 2020 at 6:30 p.m. in the City Council Chambers at the Historic Federal building, 350 W. 6th Street, Dubuque, Iowa; ((and/or by virtual means) and Whereas, it is the determination of the City Council that approval of the Amended and Restated Development Agreement for redevelopment of property by Walter Develop- ment, LLC, and Duluth Holdings, Inc., according to the terms and conditions set out in the Amended and Restated Development Agreement, is in the public interest of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Amended and Restated Development Agreement by and among the City of Dubuque, Walter Development, LLC, and Duluth Holdings, Inc., a copy of which is attached hereto, including the issuance of Urban Renewal Tax Increment Reve- nue Obligations, is hereby approved. Section 2. That the Mayor is hereby authorized and directed to execute the Amended and Restated Development Agreement on behalf of the City of Dubuque and the City Clerk is authorized and directed to attest to his signature. Section 3. That the City Manager is authorized to take such actions as are necessary to comply with the terms of the Amended and Res tated Development Agreement as herein approved. Passed, approved and adopted this 6th day of April, 2020. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 2. Sale of Property at 2320 Mineral Street: Proof of publication on notice of public hear- ing to consider disposing of City-owned real property located at 2320 Mineral Street to Danielle K. Atchison, and the City Manager recommending approval. Motion by Jones to receive and file the documents and adopt Resolution No. 110-20 Disposing of City interest by deed to Danielle K. Atchison. Seconded by Resnick. The City Clerk and Public Infor- mation Officer confirmed that there was no online public input received regarding this item. Motion carried 7-0. 16 RESOLUTION NO. 110-20 DISPOSING OF CITY INTEREST IN REAL PROPERTY BY DEED TO DANIELLE K. ATCHISON Whereas, the City of Dubuque, Iowa (City) is the owner of the following real property (the Property): Lot 7 in East Street Subdivision, in the City of Dubuque, Iowa, according to the rec- orded plat thereof, locally known as 2320 Mineral Street; and Whereas, City and Danielle K. Atchison have tentatively entered into a Purchase Agreement pursuant to which City will convey the Property to Danielle K. Atchison; and Whereas, the City Council, by Resolution No. 69-20, dated March 16, 2020, declared its intent to dispose of City interest in the Property; and Whereas, pursuant to published notice, a public hearing was held on the proposed disposition on April 6, 2020 at 6:30 p.m. in the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa; and Whereas, it is the determination of the City Council that approval of the Purchase Agreement for the sale of the Property to Danielle K. Atchison according to the terms and conditions set out in the Purchase Agreement is in the public interest of the City of Dubu- que. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The Purchase Agreement by and between the City of Dubuque and Danielle K. Atchison for the sale of the Property, a copy attached hereto, is hereby approved. Section 2. The Mayor is hereby authorized and directed to execute and deliver a Spe- cial Warranty Deed, disposing all of the City’s interest in the Property to Danielle K. Atchison. Section 3. That the City Clerk is hereby authorized and directed to cause said Special Warranty Deed to be recorded in the Office of the Dubuque County Recorder, together with a certified copy of the Resolution. Passed, approved, and adopted this 6th day of April 2020. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 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 ap- proval. Motion by Shaw to receive and file the documents and adopt Resolution No. 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. Se- conded by Cavanagh. The City Clerk and Public Information Office r confirmed that there was no online public input received regarding this item. For the record, Mr. Delbert Uhlik, Jr. of Gavilon Group, LLC was available on the phone. Motion carried 7-0. RESOLUTION NO. 111-20 17 DISPOSING OF AN INTEREST IN REAL PROPERTY BY LEASE AGREEMENT BE- TWEEN THE CITY OF DUBUQUE, IOWA AND GAVILON GRAIN, LLC - COMMER- CIAL STREET (SEVENTH STREET) LEASE Whereas, the City of Dubuque, Iowa (City) owns certain property on Commercial Street in the City of Dubuque (the Property); and Whereas, City desires to enter into a Lease Agreement with Gavilon Grain, LLC for the Property shown on Exhibit A attached to the Lease Agreement; and Whereas, the City Council, pursuant to notice published as required by law, held a public hearing on the proposed disposition of the Property on April 6, 2020, and overruled all objections thereto; and Whereas, the City Council finds that it is in the best interest of the City to approve the Lease Agreement and the disposition of the Property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The City Council of the City of Dubuque, Iowa approves the Lease Agree- ment between the City and Gavilon Grain, LLC, disposing of the City’s interest in the Property. Section 2. The Mayor is hereby authorized and directed to execute the Lease Agr ee- ment on behalf of the City. Section 3. The City Manager is hereby authorized and directed to take such actions as are necessary to carry out the terms of the Lease Agreement. Passed, approved and adopted this 6th day of April, 2020. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 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. Motion by Cavanagh to re- ceive and file the documents and adopt Resolution No. 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. Seconded by Shaw. The City Clerk and Public Infor- mation Officer confirmed that there was no online public input received regarding this item. For the record, Mr. Delbert Uhlik, Jr. of Gavilon Group, LLC was available on the phone. Motion carried 7-0. RESOLUTION NO. 112-20 DISPOSING OF AN INTEREST IN REAL PROPERTY BY LEASE AGREEMENT BE- TWEEN THE CITY OF DUBUQUE, IOWA AND GAVILON GRAIN, LLC – PURINA DRIVE LEASE Whereas, the City of Dubuque, Iowa (City) owns certain property on Purina Drive in the City of Dubuque (the Property); and Whereas, City desires to enter into a Lease Agreement with Gavilon Grain, LLC for the Property shown on Exhibit A attached to the Lease Agreement; and 18 WHEREAS, the City Council, pursuant to notice published as required by law, held a public hearing on the proposed disposition of the Property on April 6, 2020, and overruled all objections thereto; and Whereas, the City Council finds that it is in the best interest of the City to approve the Lease Agreement and the disposition of the Property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa approves the Lease Agree- ment between the City and Gavilon Grain, LLC, disposing of the City’s interest in the Property. Section 2. The Mayor is hereby authorized and directed to execute the Lease Agree- ment on behalf of the City. Section 3. The City Manager is hereby authorized and directed to take s uch actions as are necessary to carry out the terms of the Lease Agreement. Passed, approved, and adopted this 6th day of April 2020. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 5. Jackson Street Reconstruction Project from 11th Street to 12th Street: Proof of pub- lication 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. Motion by Cavanagh to receive and file the documents and adopt Resolution No. 113-20 Approval of plans specifications, form of contract, and estimated cost for the Jackson Street (11 th to 12th Streets Recon- struction Project. Seconded by Shaw. The City Clerk and Public Information Officer con- firmed that there was no online public input received regarding this item. Motion carried 7-0. RESOLUTION NO. 113-20 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTI- MATED COST FOR THE JACKSON STREET (11TH TO 12TH) RECONSTRUCTION PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the Jackson Street (11th to 12th) Reconstruction Project, in the estimated amount $297,274.00, are hereby approved. Passed, adopted, and approved this this 6th day of April 2020. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 114-20 RESPECT TO THE ADOPTION OF THE RESOLUTION OF NECESSITY PROPOSED FOR THE JACKSON STREET (11TH TO 12TH) RECONSTRUCTION PROJECT 19 Whereas, the City Council has proposed a Resolution of Necessity for the Jackson Street (11TH to 12TH) Reconstruction Project and has given notice of the public hearing thereon as required by law; and Whereas, the public hearing has been held, all persons offering objections have been heard and consideration given to all objections and is p ending before this Council; and Whereas, this is the time and place set as provided for the taking of action on the proposed Resolution of Necessity. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed Resolution of Necessity described above is hereby: Adopted, without amendment, and all objections filed or made having been duly con- sidered are overruled. Passed, adopted, and approved this 6th day of April 2020. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 115-20 APPROVING SCHEDULE OF ASSESSMENTS AND ESTIMATE OF TOTAL COST FOR THE JACKSON STREET (11TH TO 12TH) RECONSTRUCTION PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the attached plat, schedule of assessments, and estimate of total cost for the Jackson Street (11th to 12th) Reconstruction Project are hereby approved. Passed, approved, and adopted this 6th day of April 2020. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk PUBLIC INPUT Due to the COVID-19 pandemic and mandates for social distancing, public input was offered via Facebook Live and through ctyclerk@cityofdubuque.org. The City Clerk and Public Information Officer confirmed that there was no online public input received. 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. Motion by Resnick to receive and file the documents and adopt Resolution No. 116-20 Awarding public improvement contract for the Cedar Street Force Main Air Vacuum Release Valve Replacement Project. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 116-20 20 AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE CEDAR STREET FORCE MAIN AIR VACUUM RELEASE VALVE REPLACEMENT PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Whereas, sealed proposals have been submitted by contractors for Cedar Street Force Main Air Vacuum Release Valve Replacement Project, (the Project) pursuant to Resolu- tion No. 76-20 and Notice to Bidders published on the City of Dubuque, Iowa website and plan room service with statewide circulation on the 3rd day of March 2020. Whereas, said sealed proposals were opened and read on the 19th day of March 2020 and it has been determined that Tschiggfrie Excavating Company of Dubuque, Iowa, sub- mitted low bid in the amount of $132,955.00, and is the lowest responsive, responsible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a Public Improvement Contract for the Project is hereby awarded Tschiggfrie Ex- cavating Company and the City Manager is hereby directed to execute a Public Improve- ment Contract on behalf of the City of Dubuque for the Project. Passed, adopted and approved this 6th day of April 2020. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 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. Motion by Cavanagh to receive and file the documents and adopt Resolution No. 117-20 Approving First Amend- ment to Lease Agreement between the City of Dubuque, Iowa and Gavilon Grain, LLC - Dove Harbor Lease. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 117-20 APROVING THE FIRST AMENDMENT TO LEASE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND GAVILON GRAIN, LLC – DOVE HARBOR LEASE WHEREAS, Gavilon Grain, LLC, a Delaware limited liability company (Lessee), and the City of Dubuque, Iowa (Lessor), are parties to a Lease Agreement dated August 5, 2013 (the Lease); and WHEREAS, Lessee and Lessor desire to amend Section 2.2 of the Lease Agreement relating to wharfage as set forth in the attached First Amendment to Lease Agreement attached hereto; and WHEREAS, the City Council finds that it is in the interest of the City of Dubuque to approve the First Amendment to Lease Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA AS FOLLOWS: Section 1. The First Amendment to Lease Agreement is hereby approved. Section 2. The Mayor is hereby authorized and directed to sign the First Amendment to Lease Agreement on behalf of the City of Dubuque. Passed, approved and adopted this 6th day of April 2020. 21 Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 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. Motion by Resnick to receive and file the documents and adopt Resolution No. 118-20 Approving the First Amendment to Lease Agreement between the City of Dubuque, Iowa and Gavilon Grain, LLC - Salt Site Lease. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 118-20 APROVING THE FIRST AMENDMENT TO LEASE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND GAVILON GRAIN, LLC – SALT SITE LEASE WHEREAS, Gavilon Grain, LLC, a Delaware limited liability company (Lessee), and the City of Dubuque, Iowa (Lessor), are parties to a Lease Agreement dated August 5, 2013 (the Lease); and WHEREAS, Lessee and Lessor desire to amend Section 2.2 of the Lease Agreement relating to wharfage as set forth in the attached First Amendment to Lease Agreement attached hereto; and WHEREAS, the City Council finds that it is in the interest of the City of Dubuque to approve the First Amendment to Lease Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA AS FOLLOWS: Section 1. The First Amendment to Lease Agreement is hereby approved. Section 2. The Mayor is hereby authorized and directed to sign the First Amendment to Lease Agreement on behalf of the City of Dubuque. Passed, approved and adopted this 6th day of April 2020. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 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. Motion by Cavanagh to receive and file the documents and approve the recommendation. Seconded by Shaw. Motion carried 7 -0. 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 En- vironment & Technology (WE&T) Magazine that features Dubuque's Water & Resource Recovery Center. Motion by Jones to receive and file the documents. Seconded by Cavanagh. Motion carried 7-0. 6. Microloan Agreement with ECIA Business Growth: City Manager recommending ap- proval to draft a contract with ECIA Business Growth for the development and administra- tion of a microloan program to assist downtown businesses adversely affected by lengthy City construction projects. Motion by Cavanagh to receive and file the documents. 22 Seconded by Resnick. Responding to questions from the City Council. City Manager Van Milligen stated that any business impacted by COVID-19 may be eligible and that ECIA will handle marketing the program. Motion carried 7 -0. 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 Conti- nental Realty & Investment, LTD to sell or lease City -owned land. Motion by Jones to receive and file the documents and adopt Resolution No. 119-20 Approving Agreements for Real Estate Broker Services between the City of Dubuque, Iowa, and Continental Re- alty & Investment, LTD for the sale or lease of City-owned properties. Seconded by Rous- sell. Motion carried 7-0. RESOLUTION NO. 119-20 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 Whereas, the City of Dubuque owns the real estate described in the attached list (the Properties); and Whereas, the City Council desires to offer the Properties for sale or lease; and Whereas, Continental Realty & Investment, LTD has proposed to provide broker ser- vices to the City for the sale or lease of the properties on the terms and conditions set forth in the attached Listing Contracts; and Whereas, the City Council finds that it would be in the best interests of the City of Dubuque to approve the attached Listing Contracts. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Listing Contracts are hereby approved. Section 2. The City Manager is authorized to take such actions as are necessary to offer the Properties for sale or lease, all such sales or leases being subject to approval of the City Council as required by law. Passed, approved and adopted this 16th day of March, 2020. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 8. Fire Department Five-Year Strategic Plan: City Manager transmitting a new five- year strategic plan for Fire Department. Motion by Roussell to receive and file the infor- mation. Seconded by Resnick. Fire Chief Rick Steines briefly reviewed the plan through verbal report. Motion carried 7-0. 9. Five Flags Civic Center Commission Recommendation Regarding Delay of Refer- endum Vote: Correspondence from Five Flags Civic Center Commission regarding a rec- ommendation relative to the delay of the Five Flags Civic Center referendum vote cur- rently set by the City Council for September 8, 2020. Restated motion by Cavanagh to receive and file the documents and postpone the referendum. Seconded by Shaw. Re- sponding to discussion by the City Council related to selecting a new date, City Attorney 23 Crenna Brumwell stated that she will provide information on allowable dates in 2021 for a referendum. Motion carried 7-0. 10. Request to Schedule Works Session - Coronavirus Update: City Manager recom- mending that City Council schedule a work session for Wednesday, April 22, 2020, be- ginning at 6:30 p.m. to provide an update on coronavirus, City services, City operations and community impact. Motion by Jones to receive and file and schedule the work session as recommended pending calendar conflicts. Seconded by Resnick. No conflicts were expressed. Motion carried 7-0. CLOSED SESSION Motion by Jones to convene in closed session at 8:36 p.m. to discuss professional evaluations pursuant to Chapter 21.5(1)(i) Code of Iowa. Seconded by Resnick. 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. Motion carried 7-0. Upon motion the City Council reconvened in open session at 8:59 p.m. stating the staff had been given proper direction. There being no further business, Mayor Buol declared the meeting adjourned at 9:00 p.m. /s/Kevin S. Firnstahl, CMC, City Clerk