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05 02 22 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 May 2, 2022, in the second- floor Council Chambers of the Historic Federal Building, 350 W. 6 th Street. Present: Mayor Cavanagh; Council Members Farber (attended virtually), Jones, Resnick, Roussell, Sprank, Wethal; City Manager Van Milligen, City Attorney Brumwell . Mayor Cavanagh read the call and stated this is a special session of the City Council called for the purpose of conducting a work session to receive an update from the Hawkeye Area Community Action Program (HACAP). WORK SESSION Hawkeye Area Community Action Program (HACAP) Update Jane Drapeaux, HACAP CEO, and Mitch Finn, HACAP Deputy Director, made a presentation. The presenters responded to questions from the City Council regarding their process for identifying community needs, their partnerships, and the challenges they faced the past two years of the COVID -19 pandemic. There being no further business, Mayor Cavanagh declared the meeting adjourned at 6:06 p.m. /s/Adrienne N. Breitfelder, City Clerk 2 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on May 2, 2022, in the second- floor Council Chambers of the Historic Federal Building, 350 W. 6 th Street. Present: Mayor Cavanagh; Council Members Farber (attended virtually), Jones, Resnick, Roussell, Sprank, Wethal; City Manager Van Milligen, City Attorney Brumwell . Mayor Cavanagh 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. City Clerk Breitfelder stated that the following presentation was removed from the meeting and will be rescheduled to a future City Council meeting: Foundation for Dubuque Public Schools Distinguished Alumni Award Recognition for Council Member Susan R. Farber. PLEDGE OF ALLEGIANCE PRESENTATION(S) 1. COVID-19 Update: Public Health Specialist Mary Rose Corrigan provided an update on the COVID-19 pandemic and response activities. 2. Iowa Association of Professional Fire Chiefs/Waldorf University Award Scholarship: Interim Fire Chief Cal Motsch recognized Fire Department Lieutenant Jesse Coulson for receiving the 2022 Waldorf University/Iowa Association of Professional Fire Chiefs Lt. Eric Hosette Memorial Scholarship. PROCLAMATION(S) 1. Mental Health Month (May 2022) was accepted by Diane Heiken on behalf of Mental Health America of Dubuque County. 2. Preservation Month (May 2022) was accepted by Historic Preservation Commission Chairperson Bill Doyle. 3. Dubuque Noon Lions Club 100th Anniversary Week (May 1 - May 7, 2022) was accepted by Nelson Klavitter on behalf of the Dubuque Noon Lions Club. 4. Public Service Recognition Week (May 1 - 7, 2022) was accepted by Assistant City Manager Cori Burbach on behalf of the City of Dubuque. CONSENT ITEMS Motion by Resnick to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Jones. Motion carried 7-0. 3 1. Minutes and Reports Submitted: City Council proceedings of 4/18; Historic Preservation Commission of 4/21; Proof of publication for City Council proceedings of 3/29 and 4/4. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: Michael Scott Boen II for vehicle damage; Wayne Bonnett for property damage. Upon motion the documents were received, filed, and referred to the City Attorney. 3. Approval of City Expenditures: Upon motion the documents were received and filed, and Resolution No. 162-22 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 was adopted. RESOLUTION NO. 162-22 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 goo ds and services have been pre-audited by Finance Department personnel in accordance with generally accepted internal control procedures and have been determined to have been requisitioned for a lawful municipal purpose; and Whereas, the Finance Director-City Treasurer has provided a list of Expenditures attached 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 Resolu tion 142-18 adopted May 7, 2018, authorized the Finance Director-City Treasurer to issue checks in payment of certain expenditures known as Exception Expenditures 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 requested by designated requisitioning authorities in accordance with approved budget appropriations. 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 disbursements to the City Council, and to publish a summary thereof. Passed, approved, and adopted this 2nd day of May, 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 4. Proceedings to Direct Advertisement for Sale of $2,525,000 Tax-Exempt General Obligation Bonds, Series 2022A and $7,055,000 Taxable General Obligation Bonds, Series 2022B, Approval of the Preliminary Official Statement, and Approval of Electronic Bidding Procedures: Upon motion the documents were received and filed, and Resolution No. 163-22 4 Directing the advertisement for sale of $2,525,000* (subject to adjustment per terms of offering) General Obligation Bonds, Series 2022A, and approving electronic bidding procedures and distribution of preliminary official statement; and Resolution No. 164-22 Directing the advertisement for sale of $7,055,000* (subject to adjustment per terms of offering) Taxable General Obligation Bonds, Series 2022B, and approving electronic bidding procedures and distribution of preliminary official statement were adopted. RESOLUTION NO. 163-22 DIRECTING THE ADVERTISEMENT FOR SALE OF $2,525,000* (SUBJECT TO ADJUSTMENT PER TERMS OF OFFERING) GENERAL OBLIGATION BONDS, SERIES 2022A, AND APPROVING ELECTRONIC BIDDING PROCEDURES AND DISTRIBUTION OF PRELIMINARY OFFICIAL STATEMENT Whereas, the Issuer is in need of funds to pay costs of the acquisition of ambulances and ambulance equipment and equipping the fire department, essential corporate purpose(s), and it is deemed necessary and advisable that General Obligation Bonds, to the amount of not to exceed $1,990,000 be authorized for said purpose(s); and Whereas, pursuant to notice published as required by Section 384.25 of the Code of Iowa, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of the Bonds, and the Council is therefore now authorized to proceed with the issuance of said Bonds for such purpose(s); and Whereas, the City is in need of funds to pay costs of the acquisition, installation, improving and equipping of city facilities and buildings, and for technology equipment and software, general corporate purpose(s), and it is deemed necessary and advisable that General Obligation Bonds, to the amount of not to exceed $700,000 be authorized for said purpose(s); and Whereas, the Issuer has a population of more than 5,000 but not more than 75,000, and the Bonds for these purposes do not exceed $700,000; and Whereas, pursuant to notice published as required by Section 384.26 of the Code of Iowa, the Council of the City has held public meeting and hearing upon the proposal to institute proceedings for the issuance of Bonds for general corporate purpose(s) in the amounts as above set forth, and, no petition for referendum having been received, the Council is therefore now authorized to proceed with the issuance of said Bonds for such purpose(s); and Whereas, pursuant to Section 384.28 of the Code of Iowa, it is hereby found and determined that the various general obligation bonds authorized as hereinabove described shall be combined for the purpose of issuance in a single issue of $2,525,000* General Obligation Bonds as hereinafter set forth; and Whereas, in conjunction with its Municipal Advisor, Independent Public Advisors, LLC, and Disclosure Counsel, the City has caused a Preliminary Official Statement to be prepared outlining the details of the proposed sale of the Bonds; and Whereas, the Council has received information from its Municipal Advisor evaluating and recommending the procedure hereinafter described for electronic, facsimile and internet bidding to maintain the integrity and security of the competitive bidding process and to facilitate the delivery of bids by interested parties; and Whereas, the Council deems it in the best interests of the City and the residents thereof to receive bids to purchase such Bonds by means of both sealed and electronic interne t communication. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, STATE OF IOWA: That the receipt of electronic bids by facsimile machine and through the Parity Competitive Bidding System described in the Notice of Sale and Official Statement are hereby found and 5 determined to provide reasonable security and to maintain the integrity of the competitive bidding process, and to facilitate the delivery of bids by interested parties in connection with the offering at public sale. That General Obligation Bonds, Series 2022A, of City of Dubuque, State of Iowa, in the amount of $2,525,000* (Subject to Adjustment per Terms of Offering), to be issued as referred to in the preamble of this Resolution, to be dated June 29, 2022, be offered for sale pursuant to the published advertisement. That the preliminary Official Statement in the form presented to this meeting be and the same hereby is approved as to form and deemed final for purposes of Rule 15c2 -12 of the Securities and Exchange Commission, subject to such revisions, corrections or modifications as the Mayor and City Clerk, upon the advice of bond counsel, disclosure counsel, and the City's Municipal Advisor, shall determine to be appropriate, and is authorized to be distributed in connection with the offering of the Bonds for sale. That the Clerk is hereby directed to publish notice of sale of the Bonds at least once, the last one of which shall be not less than four clear days nor more than twenty days before the da te of the sale. Publication shall be made in the Telegraph Herald, a legal newspaper, printed wholly in the English language, published within the county in which the Bonds are to be offered for sale or an adjacent county. The notice is given pursuant to Chapter 75 of the Code of Iowa, and shall state that this Council, on the 16th day of May, 2022, at 6:30 P.M., will hold a meeting to receive and act upon bids for said Bonds, which bids were previously received and opened by City Officials at 10:00 A.M. on said date. The notice shall be in substantially the [provided] form. Passed and approved this 2nd day of May, 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk RESOLUTION NO. 164-22 DIRECTING THE ADVERTISEMENT FOR SALE OF $7,055,000* (SUBJECT TO ADJUSTMENT PER TERMS OF OFFERING) TAXABLE GENERAL OBLIGATION BONDS, SERIES 2022B, AND APPROVING ELECTRONIC BIDDING PROCEDURES AND DISTRIBUTION OF PRELIMINARY OFFICIAL STATEMENT Whereas, the City is in need of funds to pay costs of the acquisition, installation, improving and equipping of city facilities and buildings, including at the Five Flags Arena, general corporate purpose(s), and it is deemed necessary and advisable that Taxable General Obligation Bonds, to the amount of not to exceed $700,000 be authorized for said purpose(s); and Whereas, the Issuer has a population of more than 5,000 but not more than 75,000, and the Bonds for these purposes do not exceed $700,000; and Whereas, pursuant to notice published as required by Section 384.26 of the Code of Iowa, the Council of the City has held public meeting and hearing upon the proposal to institute proceedings for the issuance of Bonds for general corporate purpose(s) in the amounts as above set forth, and, no petition for referendum having been received, the Council is therefore now authorized to proceed with the issuance of said Bonds for such purpose(s); and Whereas, the City is in need of funds to pay costs of expanding, constructing, reconstructing and equipping the riverfront docking facility, general corporate purpose(s), and it is deemed necessary and advisable that Taxable General Obligation Bonds, to the amount of not to exceed $700,000 be authorized for said purpose(s); and Whereas, the Issuer has a population of more than 5,000 but not more than 75,000, and the Bonds for these purposes do not exceed $700,000; and Whereas, pursuant to notice published as required by Section 384.26 of the Code of Iowa, 6 the Council of the City has held public meeting and hearing upon the proposal to institute proceedings for the issuance of Bonds for general corporate purpose(s) in the amounts as above set forth, and, no petition for referendum having been received, the Council is therefore now authorized to proceed with the issuance of said Bonds for such purpose(s); and Whereas, the Issuer is in need of funds to pay costs of aiding in the planning, undertaking and carrying out of urban renewal projects under the authority of Chapter 403 and the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District, such as those costs associated with the construction, reconstruction, improvement, renovation, and equipping of parking ramps and facilities, essential corporate urban renewal purpose project(s), and it is deemed necessary and advisable that the City issue Taxable General Obligation Bonds, for such purpose(s) to the amount of not to exceed $975,000 as authorized by Sections 384.25 and 403.12 of the Code of Iowa; and Whereas, pursuant to notice published as required by Sections 384.25 and 403.12 this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of said Bonds, and all objections, if any, to such C ouncil action made by any resident or property owner of the City were received and considered by the Council; and no petition having been filed, it is the decision of the Council that additional action be taken for the issuance of said Bonds for such purpose(s), and that such action is considered to be in the best interests of the City and the residents thereof; and Whereas, the Issuer is in need of funds to pay costs of aiding in the planning, undertaking and carrying out of urban renewal projects under the authority of Chapter 403 and the Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic Development District such as those costs associated with the acquisition and development of industrial property, essential corporate urban renewal purpose project(s), and it is deemed necessary and advisable that the City issue Taxable General Obligation Bonds, for such purpose(s) to the amount of not to exceed $5,800,000 as authorized by Sections 384.25 and 403.12 of the Code of Iowa; and Whereas, pursuant to notice published as required by Sections 384.25 and 403.12 this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of said Bonds, and all objections, if any, to such Council action made by any resident or property owner of the City were received and considered by the Council; and no petition having been filed, it is the decision of the Council that additional action be taken for the issuance of said Bonds for such purpose(s), and that such action is considered to be in the best interests of the City and the residents thereof; and Whereas, pursuant to Section 384.28 of the Code of Iowa, it is hereby found and determined that the various general obligation bonds authorized as hereinabov e described shall be combined for the purpose of issuance in a single issue of $7,055,000* General Obligation Bonds as hereinafter set forth; and Whereas, in conjunction with its Municipal Advisor, Independent Public Advisors, LLC, and Disclosure Counsel, the City has caused a Preliminary Official Statement to be prepared outlining the details of the proposed sale of the Bonds; and WHEREAS, the Council has received information from its Municipal Advisor evaluating and recommending the procedure hereinafter described for electronic, facsimile and internet bidding to maintain the integrity and security of the competitive bidding process and to facilitate the delivery of bids by interested parties; and Whereas, the Council deems it in the best interests of the City and the residents thereof to receive bids to purchase such Bonds by means of both sealed and electronic internet communication. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF 7 DUBUQUE, STATE OF IOWA: That the receipt of electronic bids by facsimile machine and through the Parity Competitive Bidding System described in the Notice of Sale and Official Statement are hereby found and determined to provide reasonable security and to maintain the integrity of the competitive bidding process, and to facilitate the delivery of bids by interested parties in connection with the offering at public sale. That Taxable General Obligation Bonds, Series 2022B, of City of Dubuque, State of Iowa, in the amount of $7,055,000* (Subject to Adjustment per Terms of Offering), to be issued as referred to in the preamble of this Resolution, to be dated June 29, 2022, be offered for sale pursuant to the published advertisement. That the preliminary Official Statement in the form presented to this meeting be and the same hereby is approved as to form and deemed final for purposes of Rule 15c2 -12 of the Securities and Exchange Commission, subject to such revisions, corrections or modifications as the Mayor and City Clerk, upon the advice of bond counsel, disclosure counsel, and the City's Municipal Advisor, shall determine to be appropriate, and is authorized to be distributed in connection with the offering of the Bonds for sale. That the Clerk is hereby directed to publish notice of sale of the Bonds at least once, the last one of which shall be not less than four clear days nor more than twenty days before the date of the sale. Publication shall be made in the Telegraph Herald, a legal newspaper, printed wholly in the English language, published within the county in which the Bonds are to be offered for sale or an adjacent county. The notice is given pursuant to Chapter 75 of the Code of Iowa, and shall state that this Council, on the 16th day of May, 2022, at 6:30 P.M., will hold a meeting to receive and act upon bids for said Bonds, which bids were previously received and opened by City Officials at 10:00 A.M. on said date. The notice shall be in substantially the [provided] form. Passed and approved this 2nd day of May, 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 5. First Amendment to Grant Agreement between the City of Dubuque, Iowa, and JTM Properties, L.L.C.: Upon motion the documents were received and filed, and Resolution No. 165-22 Approving the First Amendment to Grant Agreement between the City of Dubuque, Iowa and JTM Properties, L.L.C. was adopted. RESOLUTION NO. 165-22 APPROVING THE FIRST AMENDMENT TO GRANT AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND JTM PROPERTIES, L.L.C. Whereas, the City of Dubuque (City) and JTM Properties, L.L.C. (Grant Recipient) previously entered into a Grant Agreement dated March 15, 2021 for the redevelopment of 1043 -1053 Main Street in the City of Dubuque, Iowa (the Project); and Whereas, City and Grant Recipient desire to amend the Grant Agreement as set forth in the attached First Amendment to Grant Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the First Amendment to Grant Agreement between the City of Dubuque, Iowa and JTM Properties, L.L.C., a copy of which is attached hereto, is hereby approved. Section 2. That the Mayor is hereby authorized and directed to execute the First Amendment to Grant Agreement on behalf of the City of Dubuque and the City Clerk is authorized and directed to attest to his signature. 8 Section 3. That the City Manager is authorized to take such actions as are necessary to comply with the terms of the First Amendment to Grant Agreement as herein approved . Passed, approved and adopted this 2nd day of May, 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 6. Proposed Downtown Rehabilitation Grant Award: Upon motion the documents were received and filed, and Resolution No. 166-22 Approving a Grant Agreement by and between the City of Dubuque, Iowa and MVO LLC for the redevelopment of 105 Locust Street was adopted. RESOLUTION NO. 166-22 APPROVING A GRANT AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE, IOWA AND MVO LLC FOR THE REDEVELOPMENT OF 105 LOCUST STREET Whereas, MVO LLC is the owner of the building at 105 Locust Street in the City of Dubuque, Iowa (the “Development Property”) legally described as: The South 28 feet of the East 90 feet and 6 inches of Lot 120, in the City of Dubuque, Iowa, according to the United States Commissioners’ Map of the Survey of the Town of Dubuque, Iowa ; and Whereas, MVO LLC has applied to the City of Dubuque Economic Development Department (the “City”) for a Façade Grant and a Planning & Design Grant (the “Grants”) for the rehabilitation of the Development Property (the “Project”); and Whereas, the Project is eligible for the Grants; and Whereas, City and MVO LLC have tentatively entered into a Grant Agreement for the Development Property (the “Grant Agreement”), a copy of which is attached hereto; and Whereas, it is the determination of the City Council that approval of the Grant Agreement for redevelopment of the Development Property by MVO LLC, according to the terms and conditions set out in the Grant 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 Grant Agreement between the City of Dubuque and MVO LLC is hereby approved. Section 2. That the Mayor is hereby authorized and directed to execute the Grant 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 Grant Agreement as herein approved. Passed, approved and adopted this 2nd day of May, 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 7. Pre-annexation Agreement – Andrew R. Finn and Jessica M. Curran Finn: Upon motion the documents were received and filed, and Resolution No. 167-22 Approving a Pre-Annexation Agreement between the City of Dubuque, Iowa and Andrew R. Finn and Jessica M. Curran Finn was adopted. RESOLUTION NO. 167-22 9 APPROVING A PRE-ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND ANDREW R. FINN AND JESSICA M. CURRAN FINN Whereas, Andrew R. Finn and Jessica M. Curran Finn, the owner of the following described property located at 17087 Daisy Trail in Dubuque County, Iowa (the Property) have submitted to the City Council of the city of Dubuque an application for voluntary annexation of the Property to the City of Dubuque: Lot 3 of Block 2 of Wildflower Ridge Subdivision in Dubuque Township, Dubuque County, Iowa, according to the recorded plat thereof Whereas, Andrew R. Finn and Jessica M. Curran Finn have entered into a Pre-annexation Agreement with the City of Dubuque, a copy of which is attached hereto governing the future annexation of the Property; and Whereas, the Property is not subject to an existing annexation moratorium; and Whereas, the Property does not include any state or railroad property; and Whereas, Iowa Code Section 368.7 authorizes the voluntary annexation of property in Dubuque County, Iowa and the extension of city limits by voluntary annexation; and Whereas, the annexation of the Property is consistent with the Comprehensive Plan of the City of Dubuque, necessary for the future orderly growth and development of the City o f Dubuque, and will promote efficient and cost-effective extension of municipal services; and Whereas, the City Council finds that the annexation of the Property is in the public interest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Pre-annexation Agreement by and between Andrew R. Finn and Jessica M. Curran Finn and the City of Dubuque is hereby approved. Passed, approved, and adopted this 2nd day of May 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 8. Pre-annexation Agreement – Lee and Jennifer Smith: Upon motion the documents were received and filed, and Resolution No. 168-22 Approving a Pre-Annexation Agreement between the City of Dubuque, Iowa and Lee and Jennifer Smith was adopted. RESOLUTION NO. 168-22 APPROVING A PRE-ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND LEE AND JENNIFER SMITH Whereas, Lee and Jennifer Smith, the owner of the following described property located at 16922 Daisy Trail in Dubuque County, Iowa (the Property) have submitted to the City Council of the city of Dubuque an application for voluntary annexation of the Property to the City of Dubuque: LOT 11 OF BLOCK 1 IN WILDFLOWER RIDGE SUBDIVISION IN DUBUQUE TOWNSHIP, DUBUQUE COUNTY, IOWA, ACCORDING TO THE RECORDED PLAT THEREOF Whereas, Lee and Jennifer Smith have entered into a Pre-annexation Agreement with the City of Dubuque, a copy of which is atta ched hereto governing the future annexation of the Property; and Whereas, the Property is not subject to an existing annexation moratorium; and Whereas, the Property does not include any state or railroad property; and Whereas, Iowa Code Section 368.7 authorizes the voluntary annexation of property in Dubuque County, Iowa and the extension of city limits by voluntary annexation; and Whereas, the annexation of the Property is consistent with the Comprehensive Plan of the 10 City of Dubuque, necessary for the future orderly growth and development of the City of Dubuque, and will promote efficient and cost-effective extension of municipal services; and Whereas, the City Council finds that the annexation of the Property is in the public interest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Pre-annexation Agreement by and between Lee and Jennifer Smith and the City of Dubuque is hereby approved. Passed, approved, and adopted this 2nd day of May 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 9. Agreement for the Development of Affordable Family Housing at 2000 Radford Road by Landover Corporation: Upon motion the documents were received and filed, and Resolution No. 169-22 Approving a Development Agreement by and between the City of Dubuque, Iowa and Landover Corporation providing for the issuance of Urban Revitalization Area Designation for the Development of 2000 Radford Road was adopted. RESOLUTION NO. 169-22 APPROVING A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE, IOWA AND LANDOVER CORPORATION. PROVIDING FOR THE ISSUANCE OF URBAN REVITALIZATION AREA DESIGNATION FOR THE DEVELOPMENT OF 2000 RADFORD ROAD Whereas, it is the determination of the City Council that approval of the Development Agreement, for development of the Property at 2000 Radford Road by Landover Corporation. according to the terms and conditions set out in the 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 Development Agreement by and between the City of Dubuque and Landover Corporation, a copy of which is attached hereto, is hereby approved. Section 2. That the Mayor is hereby authorized and directed to execute the 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 necessa ry to comply with the terms of the Development Agreement as herein approved. Passed, approved and adopted this 2nd day of May, 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 10. Stoneman Road Reconstruction Project - Agreement with Hills and Dales Child Development Center, Inc.: Upon motion the documents were received and filed, and Resolution No. 170-22 Approving an Agreement for Utility and Road Improvements on Stoneman Road between the City of Dubuque, Iowa and Hills and Dales Child Development Center, Inc. RESOLUTION NO. 170-22 APPROVING AN AGREEMENT FOR UTILITY AND ROAD IMPROVEMENTS ON STONEMAN ROAD BETWEEN THE CITY OF DUBUQUE, IOWA AND HILLS AND DALES CHILD DEVELOPMENT CENTER, INC. Whereas, the City intends to reconstruct Stoneman Road which will include roadway improvements, sidewalk installation, and utility improvements; and 11 Whereas, the City plans to relocate the cul-de-sac which requires acquisition of additional right-of-way from between Hills and Dales Child Development Center, Inc., and Whereas, between Hills and Dales Child Development Center, Inc. is willing to dedicate the necessary additional right-of-way to City; and Whereas, relocation of the cul-de-sac will result in excess right-of-way in areas the City will no longer need to retain and those areas abut the Hills & Dales Lifetime Center and Childcare facility on Stoneman Road, and Whereas, City is willing to vacate the excess right -of-way to between Hills and Dales Child Development Center, Inc, and Whereas, the parties have agreed the land transfers, easements, and utility projects as part of the Project are substantially equivalent in value; and Whereas, the City of Dubuque has reviewed and approved the preliminary design and construction plans for said public roadway improvements as required by the Agreement; and Whereas, between Hills and Dales Child Development Center, Inc. has executed the Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Agreement attached hereto is hereby approved. Section 2. The City Manager is authorized and directed to execute the Agreement on behalf of the City of Dubuque. Passed, approved, and adopted this 2nd day of May 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 11. 2022 Pavement Marking Project: Upon motion the documents were received and filed, and Resolution No. 171-22 Awarding Public Improvement Contract for the 2022 Pavement Marking Project was adopted. RESOLUTION NO. 171-22 AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE 2022 PAVEMENT MARKING PROJECT Whereas, sealed proposals have been submitted by contractors for the 2022 Pavement Marking Project, (the Project) pursuant to Resolution No. 112 -22 and Notice to Bidders published on the City of Dubuque, Iowa website and plan room service with statewide circulation on the 8th day of April 2022; and Whereas, said sealed proposals were opened and read on the 21 st day of April 2022 and it has been determined that SELCO, Inc. of Blue Grass, IA submitted low bid in the amount of $213,228.39, 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 P roject is hereby awarded to SELCO, Inc. and the City Manager is hereby directed to execute a Public Improvement Contract on behalf of the City of Dubuque for the Project. Passed, adopted, and approved this 2nd day of May 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 12. Wilbricht Lane Detention Basin Project: Upon motion the documents were received and filed, and Resolution No. 172-22 Awarding the Public Improvement Contract for the Wilbricht 12 Lane Detention Basin Project was adopted. RESOLUTION NO. 172-22 AWARDING THE PUBLIC IMPROVEMENT CONTRACT FOR THE WILBRICHT LANE DETENTION BASIN PROJECT Whereas, sealed proposals have been submitted by contractors for the Wilbricht Lane Detention Basin Project (the Project) pursuant to Resolution No. 91-22 and Notice to Bidders published on the City of Dubuque, Iowa website and plan room service with statewide circulation on the 22nd day of March 2022; and Whereas, said sealed proposals were opened and read on the 14 th day of April 2022 and it has been determined that McDermott Excavating of Dubuque, Iowa, with a low bid in the amount of $327,121.00 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 to McDermott Excavating and the City Manager is hereby directed to execute a Public Improvement Contract on behalf of the City of Dubuque for the Project. Passed, approved, and adopted this 2nd day of May 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 13. 2022 Asphalt Overlay Curb Ramp Project 3: Upon motion the documents were received, filed and made a Matter of Record. 14. Rebuilding America’s Infrastructure with Sustainability and Equity (RAISE) Infrastructure Planning Grant Application: Upon motion the documents were received and filed, and Resolution No. 173-22 Approving application for Rebuilding America’s Infrastructure with Sustainability and Equity (RAISE) Grant Funding for the planning and design of a Multimodal Transportation Corridor Project for proposed improvements to the Elm Street Corridor, 16th Street Corridor, Kerper Blvd, Chaplain Schmitt Island Connectors, and the proposed 14th Street Railroad Overpass Project was adopted. RESOLUTION NO. 173-22 APPROVING APPLICATION FOR REBUILDING AMERICA’S INFRASTRUCTURE WITH SUSTAINABILITY AND EQUITY (RAISE) GRANT FUNDING FOR THE PLANNING AND DESIGN OF A MULTIMODAL TRANSPORTATION CORRIDOR PROJECT FOR PROPOSED IMPROVEMENTS TO THE ELM STREET CORRIDOR, 16TH STREET CORRIDOR, KERPER BLVD, CHAPLAIN SCHMITT ISLAND CONNECTORS, AND THE PROPOSED 14TH STREET RAILROAD OVERPASS PROJECT Whereas, the City proposes a multimodal tran sportation corridor project that will improve safety, drive economic competitiveness, improve quality of life, address the negative impacts of climate change, and foster a more sustainable, equitable and resilient Dubuque; and Whereas, RAISE Planning funds will be used to plan and design Complete Street corridors and five roundabouts along the intersecting Elm Street and 16th Street Corridors, and at Admiral Sheehy Drive on Chaplain Schmitt Island; and Whereas, RAISE Planning funds will be used to plan and design sidewalks and hike/bike trail and bus stop pads along Kerper Boulevard from 16th Street to Hawthorne Street; and Whereas, RAISE Planning funds will be used to plan and design a new pedestrian/bike shared use path adjacent to the existing 16th Street Peosta Channel bridge to Chaplain Schmitt 13 Island; and Whereas, the Canadian Pacific (CP) Railroad travels through the urban core of the City with numerous at-grade crossings on local city streets in the downtown area; and Whereas, approximately 8-10 trains passing through Dubuque on a daily basis severely impedes the ability for pedestrians, vehicles, commercial traffic and emergency responders to access the northeast segment of the City; and Whereas, RAISE Planning funds will be used to plan and design a new vehicular and pedestrian overpass at the 14th Street railroad tracks to reduce train-related delays that impair the safe and efficient movement of people and freight to the city’s most promising areas of economic revitalization; and Whereas, the City’s Long Range Transportation Plan includes the proposed multimodal transportation corridor projects; and Whereas, the City of Dubuque will submit a RAISE grant application for $2,800,000 million to assist with the planning and design of a multimodal transpo rtation corridor project; and Whereas, the Application requires that the City Council agree to provide and make available up to $2,100,000 million in local funding to be used for the local match requirement of the RAISE grant application; and Whereas, the City must establish an authorized representative able to execute on behalf of the City of Dubuque for the proposed improvements to the Elm Street corridor, the 16 th Street corridor, Kerper Blvd corridor, Chaplain Schmitt Island Connectors, and the 14th St reet Railroad Overpass project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: Section 1. Approving the City’s application for $2,800,000 million in Rebuilding America’s Infrastructure with Sustainability and Equity (RAISE) Grant funding to assist with the planning and design of a multimodal transportation corridor project for proposed improvements to the Elm Street corridor, the 16th Street corridor, Kerper Blvd corridor, Schmitt Island Connectors, and the proposed 14th Street Railroad Overpass Projects. Section 2. Approving the City’s commitment to provide $2,100,000 million in local funding to be used for the local match requirement of the RAISE grant application. Section 3. Establishing the City Manager as the City’s authorized representative regarding the grant. Passed, approved, and adopted this 2nd day of May 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 15. NICC Business Training Grant Approval and Acceptance of grant award : Upon motion the documents were received, filed, and approved. 16. Crescent Community Health Center (CCHC) Community Health Letter of Support to establish a Community Health Worker (CHW) to improve health equity in the Black/African American community: Upon motion the documents were received, filed, and approved. 17. Liquor License Renewals: Upon motion the documents were received and filed, and Resolution No. 174-22 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 was adopted. RESOLUTION NO. 174-22 14 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 W hereas, applications for Beer, Liquor, and or W ine Permits have been submitted and filed with the City Council for approval, and the same have been examined, provisionally approved, and/or approved; and W hereas, 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, IOW A THAT: 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: New Applications North Side Liquor & Tobacco, 2013 Central Avenue Suite 2 Renewals Buffalo Wild Wings, 2805 Northwest Arterial 1 Days Inn & Spirits Bar & Grill, 1111 Dodge St. Gino's East Of Dubuque, 333 East 10th St. Suite 110 Hartig Drug Company 2, 157 Locust St. Hilton Garden Inn & Q Casino & Houlihan's, 1801 & 1855 Greyhound Park Dr. Hy-Vee C-Store 1, 3270 Dodge St. Ichiban Habachi Steakhouse & Sushi Bar, 3187 University Ave. Shot Tower Inn, 390 Locust St. Super stop IV, 535, Hill St. Suit A Tobacco Outlet Plus 504, 806 Wacker Dr. Suite 140 Walgreens 06154, 2260 John F Kennedy Rd. Walgreens 09708, 55 John F Kennedy Rd. Special Event(s) per Special Event Application Submittal Dubuque Jaycees Millwork Night Market 5-8-22 to 5-12-22, 7th & Jackson to 9th & Jackson + East 8th St. to Elm St. Adding A Privilege Hilton Garden Inn & Q Casino & Houlihan's Adding Tempo rary Outdoor service Backwater Stage Outdoor Concert Series 5-26-22 to 6-12-22, 1801 & 1855 Greyhound Park Dr. Parking Lot Passed, approved, and adopted this 2nd day of May 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk ITEMS SET FOR PUBLIC HEARING Motion by Roussell to receive and file the documents, adopt the resolutions, and set the public hearings as indicated. Seconded by Sprank. Motion carried 7-0. 1. Jule Iowa Department of Transportation’s Consolidated Funding A pplication: Upon motion the documents were received and filed and Resolution No. 175-22 Setting the date for a public 15 hearing on Iowa DOT Consolidated Funding Application was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on June 6, 2022, in the Historic Federal Building. RESOLUTION NO. 175-22 SETTING THE DATE FOR A PUBLIC HEARING ON IOWA DOT CONSOLIDATED FUNDING APPLICATION Whereas, the City of Dubuque provides fixed-route and paratransit services for the citizens of Dubuque; and Whereas, the Iowa Department of Transportation (IDOT) is a pass -through funding entity for federal capital and operating funds; and Whereas, the City has historically applied through the IDOT for these funds; and Whereas, the City Council finds that the applying for the funds to be beneficial to the continued provision of transit service for the citizens of Dubuque; and Whereas, The Iowa Department of Transportation application will include requests and mandatory certifications by the City of Dubuque as follows: From the State Transit Assistance Program: 2.02% of formula funds; Total: $337,216 From federal funds for transit in non-urbanized areas and/or for transit serving primarily elderly persons and persons with disabilities: $79,816 We understand acceptance of federal transit assistance involves an agreement to comply with certain labor protection provisions. We certify that the City of Dubuque/The Jule has sufficient non -federal funds or sufficient in-kind match to provide required local match for capital projects and at time of delivery will have the funds to operate and maintain vehicles and equipment purchased under this contract. We request that State Transit Assistance formula funding be advanced as allowed by law, to improve system cash flow. We authorize Ryan Knuckey, Director of Transportation Services, on behalf of the City Council, to apply for financial assistance and to enter into related contract(s) with the Iowa Department of Transportation. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: A public hearing will be held as part of the City Council Meeting on June 6, 2022. The meeting will begin at 6:30 p.m. and will be held in the City Council Chambers of the Historic Federal Building, 350 W 6th Street, Dubuque, Iowa. The purpose of the hearing is to allow public comment on the Consolidated Funding Application. Passed, adopted, and approved this 2nd day of May 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk BOARDS/COMMISSIONS Appointments were made to the following boards/commissions. i. Zoning Advisory Commission: One, 3-Year term through July 1, 2024 (Vacant term of Loeffelholz). Applicant: Ike Sweet, 333 East 10th St. This commission is subject to the State of Iowa gender Balance Law. 7 Commissioners total; Currently 3 males / 3 females / 1 opening . Motion by Jones to appoint Mr. Sweet to the three-year term through July 1, 2024. Seconded by Roussell. Motion carried 7-0. 16 PUBLIC HEARINGS 1. Resolution of Approval for the Proposed Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District, Version 2022.3 : Motion by Resnick to receive and file the documents and adopt Resolution No. 176-22 Approving the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District, Version 2022.3. Seconded by Roussell. Motion carried 7-0. RESOLUTION NO. 176-22 APPROVING THE AMENDED AND RESTATED URBAN RENEWAL PLAN FOR THE GREATER DOWNTOWN URBAN RENEWAL DISTRICT, VERSION 2022.3 Whereas, by Resolution 121-22 on April 4, 2022, the City Council of the City of Dubuque, Iowa authorized the preparation of an Amended and Restated Urban Renewal Plan (the "Amended and Restated Plan, Version, Version 2022.3") for the Greater Downtown Urban Renewal District (the "District"); and Whereas, the City of Dubuque's primary objective for the Amended and Restated Plan, Version 2022.3, is to provide opportunities which will further economic development purposes and objectives and remediate blighting conditions, and to address these objectives, additional projects are being added as described in the Amended and Restated Plan; and Whereas, a consultation process has been undertaken with affected taxing entities in accordance with Chapter 403 of the Code of Iowa with no written objections or recommended changes to the Amended and Restated Plan, Version 2022.3, received; and Whereas, the City Council, in accordance with Chapter 403 of the Code of Iowa, has held a public hearing on the proposed Amended and Restated Plan, Version 2022.3. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Amended and Restated Urban Renewal Plan, Version 2022.3, for the Greater Downtown Urban Renewal District, on file in the City Clerk's Office and made reference to herein, is hereby approved. Section 2. That the City Clerk of the City of Dubuque, Iowa is hereby authorized and directed to file a certified copy of this Resolution in the office of the Dubuque County Auditor. Passed, approved and adopted this 2nd day of May, 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 2. Bee Branch Stormwater Pumping Station Project (Phase V of the Bee Branch Watershed Flood Mitigation Project): Motion by Sprank to receive and file the documents and adopt Resolution No. 177-22 Approval of plans, specifications, form of contract, and estimated cost for the Bee Branch Stormwater Pumping Station Project . Seconded by Jones. City Council members discussed the significance of the project and referenced the City Engineer’s memo explaining the multiple phases of the Bee Branch project. Motion carried 7-0. RESOLUTION NO. 177-22 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE BEE BRANCH STORMWATER PUMPING STATION 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 Bee Branch Stormwater Pumping Station Pro ject, in the estimated amount $15,790,000.00, are 17 hereby approved. Passed, approved, and adopted this 2nd day of May 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 3. Mystique Ice Center Ice Rink Concrete Subfloor Project Public Hearing: Motion by Roussell to receive and file the documents and adopt Resolution No. 178-22 Approval of plans, specifications, form of contract, and estimated cost for the Mystique Ice Center Ice Rink Concrete Subfloor Project. Seconded by Resnick. Responding to a question from the City Council, Assistant City Engineer Bob Schiesl stated that the consultant WHKS assisted the city in preparing the performance specifications for the project. Motion carried 7-0. RESOLUTION NO. 178-22 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE MYSTIQUE ICE CENTER ICE RINK CONCRETE SUBFLOOR 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 Mystique Ice Center Ice Rink Concrete Subfloor Project, in the estimated cost amount of $225,000.00, are hereby approved. Passed, adopted, and approved this this 2nd day of May 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 4. Proceedings for Public Hearing on the Issuance of Not to Exceed $1,950,000, Sanitary Sewer Revenue Capital Loan Notes (State of Iowa – Water Quality Financing Program): Motion by Resnick to receive and file the documents and adopt Resolution No. 179-22 Instituting proceedings to take additional action for the authorization of a Loan and Disbursement Agreement and the issuance of not to exceed $1,950,000 Sewer Revenue Capital Loan Notes. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 179-22 INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION OF A LOAN AND DISBURSEMENT AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $1,950,000 SEWER REVENUE CAPITAL LOAN NOTES Whereas, pursuant to notice published as required by law, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the authorization of a Loan and Disbursement Agreement by and between the City and the Iowa Finance Authority, and the issuance to the Iowa Finance Authority of not to exceed $1,950,000 Sewer Revenue Capital Loan Notes to evidence the obligations of the City under said Loan and Disbursement Agreement, for the purpose of paying costs of acquisition, construction, reconstruction, extending, remodeling, improving, repairing and equipping all or part of the Municipal Sewer System, including those costs associated with force main stabilization improvements, and has considered the extent of objections received from residents or property owners as to said proposal and, accordingly the following action is now considered to be in the best interests of the City and residents thereof: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, STATE OF IOWA: That this Council does hereby institute proceedings and takes additional action for the 18 authorization of a Loan and Disbursement Agreement by and between the City and the Iowa Finance Authority, and the issuance to the Iowa Finance Authority in the manner required by law of not to exceed $1,950,000 Sewer Revenue Capital Loan Notes for the foregoing purpose. That this Council does hereby consent to the terms and conditions of the Water Quality Financing Loan Program, which terms and conditions and the disclosures provided with respect thereto are hereby acknowledged, accepted and approved. That the Clerk, with the assistance of the City Attorney and bond counsel, is hereby authorized and directed to proceed with the preparation of such documents and proceedings as shall be necessary to authorize the City's participation in the Water Quality Financing Loan Program, to select a suitable date for final Council authorization of the required Loan and Disbursement Agreement and issuance of the Note to evidence the City's obligations thereunder, and to take such other actions as the Clerk shall deem necessary to permit the completion of a loan on a basis favorable to the City and acceptable to this Council. This Resolution shall serve as a declaration of official intent under Treasury Regulation 1.150- 2 and shall be maintained on file as a public record of such intent. It is reasonably expected that the sewer fund moneys may be advanced from time to time for capital expenditures which are to be paid from the proceeds of the above loan agreement. The amounts so advanced shall be reimbursed from the proceeds of the Loan Agreement not later than eighteen months after the initial payment of the capital expenditures or eighteen months after the property is placed in service. Such advancements shall not exceed the loan amount authorized in this Resolution unless the same are for preliminary expenditures or unless another declaration of intention is adopted. Passed and approved this 2nd day of May, 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 5. Fiscal Year 2022 Second Budget Amendment: Motion by Roussell to receive and file the documents and adopt Resolution No. 180-22 Amending the Current Budget for Fiscal Year Ending June 2022. Seconded by Sprank. Responding to questions from the City Council, City Manager Van Milligen and Leisure Services Manager Marie Ware stated that this budget amendment does not impact the city’s ability to operate both city pools and that staffing shortages are the reason that Sutton pool will tentatively not open this summer. Motion carried 7-0. RESOLUTION NO. 180-22 AMENDING THE CURRENT BUDGET FOR FISCAL YEAR ENDING JUNE 2022 (AS LAST CERTIFIED OR AMENDED ON 09/20/2021) Be it Resolved by the Council of City of Dubuque Section 1. Following notice published/posted 04/21/2022 and the public hearing held 05/02/2022 06:30 PM the current budget (as previously amended) is amended as set out herein and in the detail by fund type and activity that supports this resolution which was considered at the hearing: REVENUES & OTHER FINANCING SOURCES Total Budget as Certified or Last Amended Current Amendment Total Budget After Current Amendment Taxes Levied on Property 1 25,530,416 0 25,530,416 Less: Uncollected Delinquent Taxes - Levy Year 2 0 0 0 Net Current Property Tax 3 25,530,416 0 25,530,416 Delinquent Property Tax Revenue 4 0 0 0 TIF Revenues 5 11,666,215 0 11,666,215 Other City Taxes 6 20,772,861 0 20,772,861 Licenses & Permits 7 1,955,835 137,538 2,093,373 19 Use of Money & Property 8 16,020,342 26,500 16,046,842 Intergovernmental 9 73,910,619 3,848,150 77,758,769 Charges for Service 10 46,174,996 671,047 46,846,043 Special Assessments 11 187,000 1,000 188,000 Miscellaneous 12 9,902,450 476,060 10,378,510 Other Financing Sources 13 24,162,351 1,968,869 26,131,220 Transfers In 14 45,320,544 -3,431,263 41,889,281 Total Revenues & Other Sources 15 275,603,629 3,697,901 279,301,530 EXPENDITURES & OTHER FINANCING USES Public Safety 16 32,282,577 410,969 32,693,546 Public Works 17 16,470,685 -15,884 16,454,801 Health and Social Services 18 1,043,534 0 1,043,534 Culture and Recreation 19 15,305,370 1,361,522 16,666,892 Community and Economic Development 20 17,325,419 1,176,866 18,502,285 General Government 21 12,106,120 -204,885 11,901,235 Debt Service 22 9,804,328 0 9,804,328 Capital Projects 23 105,421,611 6,929,989 112,351,600 Total Government Activities Expenditures 24 209,759,644 9,658,577 219,418,221 Business Type/Enterprise 25 88,067,727 -3,174,339 84,893,388 Total Gov Activities & Business Expenditures 26 297,827,371 6,484,238 304,311,609 Tranfers Out 27 45,320,544 -3,431,263 41,889,281 Total Expenditures/Transfers Out 28 343,147,915 3,052,975 346,200,890 Excess Revenues & Other Sources Over (Under) Expenditures/Transfers Out 29 -67,544,286 644,926 -66,899,360 Beginning Fund Balance July 1, 2021 30 137,843,052 0 137,843,052 Ending Fund Balance June 30, 2022 31 70,298,766 644,926 70,943,692 Explanation of Changes: This amendment adds additional revenue from grants received, private funding, adjustments to the use of ARPA funds, and the appropriation to spend the monies. Adjustments to reflect actual budget of proj Adopted on May 2, 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk PUBLIC INPUT Regarding Action Item No. 2, Rod Bakke, Five Flags Civic Center Commissioner, 3030 Karen St.; Tony Pfohl, President of Dubuque Main St., 1053 Shady Oaks Dr.; Mark Wahlert, Dubuque Symphony Orchestra Executive Director, 2728 Asbury Rd.; Bryce Parks, Five Flags Civic Center Commissioner, 2770 Van Buren St., and Dan LoBianco, Executive Director of Dubuque Main St., 3503 West Way, all spoke in support of the Five Flags Civic Center Commission’s recommendation for a March 2023 referendum. Earl Brimeyer, 2595 Rhomberg Ave., requested that Five Flags permit temporary pickle ball nets so that area pickle ball players have a location to play. John Pregler, 1525 Pego Ct., and Tim Hitzler, 2655 Fulton St., spoke in opposition to the referendum. ACTION ITEMS 1. City of Dubuque Fire Chief Recommendation: Motion by Jones to receive and file the documents and approve the appointment of Naperville, Illinois Assistant Fire Chief Amy Scheller as the new City of Dubuque Fire Chief. Seconded by Roussell. City Council members expressed enthusiasm for the appointment. Ms. Scheller provided brief remarks. Motion carried 7-0. 2. Five Flags Civic Center Commission Referendum Recommendation: Five Flags Civic Center Commission recommended that a bond referendum date be set for March 2023 for an amount not to exceed $89,700,000 for the Five Flags reconstruction project. Motion by Jones to receive and file the documents, concur with the commission’s recommendation, and set the referendum for March 2023. Seconded by Roussell. City Council members discussed at length the various scenarios offered by the consultant CSL, resident feedback on the referendum, and 20 the benefits of hosting the referendum in March of 2023. City Attorney Brumwell stated that the City Council will need to approve a resolution confirming the ballot language for the referendum , and that the ballot language could be amended up until 46 days before the referendum. Jones amended the motion to include refer to City staff for preparation of the resolution. Seconded by Roussell. Motion carried 5-2 with Resnick and Sprank voting opposed. 3. 2022 Ken Kringle Awards Presentation: Motion by Resnick to receive and file the documents and view the presentation. Seconded by Roussell. Historic Preservation Commission Chairperson Bill Doyle and Assistant Planner Chris Olson gave a brief presentation on the 2022 Ken Kringle award recipients. City Council Members congratulated the award recipients. Motion carried 7-0. 4. Recreation Division Seasonal Staffing Wage Recommendation: Motion by Resnick to receive and file the documents and approve hourly wage increases for lifeguards at $15 for first year guards, $17 for returning lifeguards and $20 for pool managers with an estimated impact to the budget of up to $60,781. Seconded by Sprank. City Council Members discussed the importance of the positions, their support of the wage increases, and the impact of having Sutton pool closed this summer due to staffing shortages. City Manager Van Milligen stated that he is working with city staff to establish a continuous Jule shuttle loop from Sutton pool to Flora pool during the summer so that residents in the Sutton area could easily access Flora pool . Motion carried 7-0. 5. Proposed Ordinance Amendments for Grass/Weed Addendum: Motion by Jones to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Resnick. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 19-22 Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Building Codes, Article J Property Maintenance Code, Section 14-1J- 2 International Property Maintenance Code Amendments. Seconded by Resnick. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 19-22 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND DEVELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE J PROPERTY MAINTENANCE CODE, SECTION 14-1J-2 INTERNATIONAL PROPERTY MAINTENANCE CODE AMENDMENTS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 14-1J-2 of the City of Dubuque Code of Ordinances is amended to read as follows: 14-1J-2: INTERNATIONAL PROPERTY MAINTENANCE CODE AMENDMENTS: The following additions, deletions, modifications, or amendments of the International Property Maintenance Code, 2018 edition, adopted in section 14 -1J-1 of this article to read as follows: . . . . Section 302.4. Weeds. Amended to read: 302.4. Weeds. Premises and exterior property shall be maintained in accordance with section 6-8-2 of the city of Dubuque code of ordinances. 21 Exception: Pursuant to Iowa Code §562A.15 a landlord may enter into a lease agreement, in certain circumstances, with a tenant for maintenance in which case a tenant will be responsible for complying with section 6-8-2 of the city of Dubuque code of ordinances. Upon request of the city a landlord must provide a copy of the written lease agreement to the code official, to determine responsibility. Responsibility for a violation will default to the property owner if requested documentation is not provided within 5 days of the date of the notice of violation which will be sent by certified mail. . . . . Section 2. This ordinance shall take effect upon publication. Passed, approved, and adopted this 2nd day of May, 2022. /s/Brad M. Cavanagh, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 6th day of May, 2022. /s/Adrienne N. Breitfelder, City Clerk 6. Mystique Community Ice Center: Rink Ice System Removal and Replacement Project - Award Public Improvement Construction Contract: Motion by Roussell to receive and file the documents and adopt Resolution No. 181-22 Awarding Public Improvement Construction Contract for the Mystique Ice Center Rink Ice System Removal and Replacement Project . Seconded by Resnick. Motion carried 7-0. RESOLUTION NO. 181-22 AWARDING PUBLIC IMPROVEMENT CONSTRUCTION CONTRACT FOR THE MYSTIQUE ICE CENTER RINK ICE SYSTEM REMOVAL AND REPLACEMENT PROJECT Whereas, sealed proposals have been submitted by contractors for the Mystique Ice Center Rink Ice System Removal and Replacement Project, (the Project) pursuant to Resolution No. 114-22 and Notice to Bidders published on the City of Dubuque, Iowa website a nd plan room service with statewide circulation on the 8th day of April 2022; and Whereas, said sealed proposals were opened and read on the 21 st day of April 2022 and it has been determined that Rink-Tec International, Inc., from Vadnais Heights, Minnesota. submitted low bid in the amount of $720,950.00, 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 Construction Contract for the Project is hereby awarded to Rink- Tec International, Inc. and the City Manager is hereby directed to execute a Public Improvement Construction Contract on behalf of the City of Dubuque for the Project. Passed, adopted, and approved this 2nd day of May 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 7. Stoneman Road Reconstruction Project: Award Construction Contract : Motion by Jones to receive and file the documents and adopt Resolution No. 182-22 Awarding Public Improvement Contract for the Stoneman Road Reconstruction Project. Seconded by Sprank. Motion carried 7-0. RESOLUTION NO. 182-22 22 AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE STONEMAN ROAD RECONSTRUCTION PROJECT Whereas, sealed proposals have been submitted by contractors for Stoneman Road Reconstruction Project, (the Project) pursuant to Resolution No. 92-22 and Notice to Bidders published on the City of Dubuque, Iowa website and plan room service with statewide circulation on the 23rd day of March 2022; and Whereas, said sealed proposals were opened and read on the 21 st day of April 2022 and it has been determined that McDermott Excavating of Dubuque , Iowa, submitted low bid in the amount of $991,650.35, 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 McDermott Excavating and the City Manager is hereby directed to execute a Public Improvement Contract on behalf of the City of Dubuque for the Project. Passed, adopted, and approved this 2nd day of May 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 8. Northwest Arterial - State of Good Repair Project: US Highway 20 to John F. Kennedy Road - Concurrence in Award of Public Improvement Contract: Motion by Jones to receive and file the documents and adopt Resolution No. 183-22 Concurrence in award of the Public Improvement Construction Contract for the “Improving the Northwest Arterial / John Deere Road Corridor for Freight Mobility” Project. Seconded by Resnick. Responding to a question from the City Council, Assistant City Engineer Bob Schiesl stated that the required timelines for the project are listed in the documentation for this agenda item. Motion carried 7-0. RESOLUTION NO. 183-22 CONCURRENCE IN AWARD OF THE PUBLIC IMPROVEMENT CONSTRUCTION CONTRACT FOR THE “IMPROVING THE NORTHWEST ARTERIAL / JOHN DEERE ROAD CORRIDOR FOR FREIGHT MOBILITY” PROJECT Whereas, said sealed proposals were opened and read by the Iowa Department of Transportation on the 19th day of April 2022 and it has been determined that Pirc -Tobin Construction, Inc. of Alburnett, IA, with a bid in the amount of $14,416,742.87 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 the City concurs with Dubuque County Board of Supervisors awarding the public improvement contract for the “Improving the Northwest Arterial / John Deere Road Corridor for Freight Mobility” Project to Pirc-Tobin Construction, Inc. subject to Dubuque County and Iowa Department of Transportation concurrence and approval of award, and recommend that Dubuque County execute a Public Improvement Construction Contract on behalf of the City per the terms of the Intergovernmental 28E Agreement signed on April 25, 2022 between County and the City for the Funding, Administration, and Implementation of Northwest Arterial / John Deere Road Project. Passed, adopted, and approved this this 2nd day of May 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk COUNCIL MEMBER REPORTS 23 Council Member Resnick reported on the City Council volunteering during Dubuque Days of Caring. Mayor Cavanagh thanked Assistant City Manager Cori Burbach for her help in coordinating Dubuque Days of Caring. CLOSED SESSION Motion by Jones to convene in closed session at 9:41 p.m. to discuss Purchase or Sale of Real Estate – Chapter 21.5(1)(j) Code of Iowa. Seconded by Resnick. Mayor Cavanagh stated for the record that the attorney who will consult with City Council on the issues to be discussed in the closed session is City Attorney Brumwell. Motion carried 7-0. The City Council reconvened in open session at 10:18 p.m. stating that staff had been given proper direction. There being no further business, Mayor Cavanagh declared the meeting adjourned at 10:18 p.m. /s/Adrienne N. Breitfelder, City Clerk