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05 01 23 City Council Proceedings Official_ Special and Regular CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 5:15 p.m. on May 1, 2023, in City Hall, 50 West 13th St., 3rd Floor. Present: Mayor Cavanagh; Council Members Farber, 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 provi de a demonstration of how the Police Department uses the Public Safety Camera system as a public safety tool, as a preventative tool, and as an investigative resource. WORK SESSION Demonstration of Police Use of the Public Safety Cameras Engineering Technician, Duane Richter, demonstrated to City Council how the soft- ware updates along with the upgraded LED lighting have made a dramatic improvement on the clarity and visual impact the improvements have had on viewing camera footage. Police Chief Jeremy Jensen, Corporal Officer Jordan Waddick, and Investigating Of- ficer Nicholas Schlosser demonstrated how the Dubuque Police Department used the Public Safety Camera system to solve crimes such as murder, robbery, gun trafficking, hit and run accidents, and ATM skimmers. Many of these crimes are committed by non- residents of Dubuque, making the camera system the primary investigation tool in track- ing persons that are entering the Dubuque city limits to commit their crime and then im- mediately exiting the city limits. The camera footage used to apprehend a suspect(s), becomes vital in the prosecution of the criminal(s) and many times leads to the criminal(s) pleading guilty, saving lengthy and expensive trials. The public safety camera system can also be used for water resources and incidences that occur on the Mississippi River. The drawback of the current public safety camera system is the number of hours re- quired to review camera footage once an incident is reported. Officers indicated that the implementation of an auto plate reader system would save many hours of reviewing foot- age tracking criminal activities once a crime has occurred. Officers explained that the system is designed in a way that it specifically looks for and notifies the local police when activity on a manually pre-entered license plate is detected. Dubuque’s camera system is envied by many cities throughout the United States as a productive system used by the police department in curtailing local criminal activity so efficiently. There being no further business, Mayor Cavanagh declared the meeting adjourned at 6:28 p.m. /s/Trish L. Gleason, MMC, Assistant City Clerk 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 1, 2023, in the second-floor Council Chambers of the Historic Federal Building, 350 W. 6th Street. Present: Mayor Cavanagh; Council Members Farber, 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. PLEDGE OF ALLEGIANCE SWEARING IN Mayor Pro Tem Katy Wethal was sworn in by Mayor Brad Cavanagh. PRESENTATION(S) 1. Presentation of the Iowa Urban Tree Council Outstanding Civic Leader Award : Dubuque Trees Forever Board member, Steve Pregler and Park Division Manager, Ste- phen Fehsal recognized Council Member Laura Roussell for receiving the Outstanding Civic Leader award from the Iowa Urban Tree Council. 2. Flood Control Update: Public Works Director John Klosterman presented infor- mation on the low impact to residents that the third highest river stage of the Mississippi River in the Dubuque area had, due to the extraordinary flood mitigation projects that have been completed in the last few years. A video produced by the Public Information Office on flood control updates was viewed. The video can be viewed at https://youtu.be/PJLbgr2KPjg. Assistant City Engineer, Bob Schiesl presented ariel maps that were used to determine the flooding outcomes based on numerous possible river stages. The council thanked all involved for making this flooding occurrence safe and practically unnoticeable to residents. PROCLAMATION(S) 1. Mental Health Month (May 2023) was accepted by Brenna Burgat, along with Sue Whitty, and Diane Heiken on behalf of Mental Health America of Dubuque County. 2. Community Action Month (May 2023) was accepted by Whitney Sanger on behalf of Hawkeye Area Community Action Program (HACAP). 3. Preservation Month (May 2023) was accepted by Melissa Daykin Cassill on behalf of the Planning Services Department and the Historic Preservation Commission. 4. Jewish American Heritage Month (May 2023) was accepted by Council Member Susan Farber on behalf of Temple Beth El. 5. Public Service Recognition Week (May 7-13, 2023) was accepted by City staff mem- bers: Connie Mueller, Felicia Carner and, Jenny Messerich on behalf of the City of Dubu- que Employee Recognition Committee. 6. Great Give Day (May 17, 2023) was accepted by Peter Supple on behalf of the Community Foundation of Greater Dubuque. CONSENT ITEMS Motion by Resnick to receive and file the documents, adopt the resolutions, and dis- pose of as indicated. Seconded by Wethal. Motion carried 7 -0. 1. Minutes and Reports Submitted: City Council Proceedings of 4/17/23 and 4/24/23; Historic Preservation Commission of 4/20/23; Housing Commission of 1/31/23; Library Board of Trustees of 1/26/23 and 2/23/23; Library Board of Trustees Update of 3/23/23; Proof of Publication for City Council Proceedings of 4/3/23. Upon motion the documents were received and filed. 2. Approval of City Expenditures: Upon motion the documents were received and filed, and Resolution No. 121-23 Authorizing the Chief Financial Officer/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. 121-23 AUTHORIZING THE CHIEF FINANCIAL OFFICER / CITY TREASURER TO MAKE CERTAIN PAYMENTS OF BILLS THAT MUST BE PAID AND APPROVED FOR PAY- MENT 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 determined to have been requisitioned for a lawful municipal purpose; and Whereas, the Chief Financial Officer-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 Resolution 142 - 18 adopted May 7, 2018, authorized the Chief Financial Officer -City Treasurer to issue checks in payment of certain expenditures known as Exception Expenditures pri or 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 Chief Financial Officer-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 Chief Financial Officer 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 1st day of May, 2023. Brad M. Cavanagh, Mayor Attest: Trish Gleason, Assistant City Clerk 3. Award Sanitary Sewer Asset Management Consultant [CIP# 5581500026]: Author- ization to negotiate and enter into a contract with HDR Engineering to provide engineering services for the Sanitary Sewer Asset Management Plan. Upon motion the documents were received, filed, and approved. 4. Mystique Community Ice Center a.k.a. Dubuque Ice Arena - Rink Ice System Re- moval and Replacement Project - Acceptance of Public Improvement Construction Con- tract: Upon motion the documents were received and filed, and Resolution No. 122 -23 Accepting the Mystique Ice Center - Rink Ice System Removal and Replacement Project and authorizing the payment to the contractor was adopted. RESOLUTION NO. 122-23 ACCEPTING THE MYSTIQUE ICE CENTER - RINK ICE SYSTEM REMOVAL AND RE- PLACEMENT PROJECT AND AUTHORIZING THE PAYMENT TO THE CONTRAC- TOR Whereas, the public improvement contract for the Mystique Ice Center - Rink Ice Sys- tem Removal and Replacement Project (the Project) has been completed by the Contrac- tor, Rink-Tec International, Inc., (Contractor), and the City Engineer has examined the work and recommends that the Project be accepted; and Whereas, the final contract amount for the Project is $816,201.42; and Whereas, the Contractor has previously been paid $795,796.38, leaving a balance of $20,405.04; and Whereas, the City Council finds that the recommendation of the City Engineer should be accepted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved, and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor the ba lance of the retainage of $20,405.04 as provided in Iowa Code chapter 573, and to pay such retainage in accordance with the provisions of Iowa Code chapter 573 or Iowa Code chapter 26.13. Passed, approved, and adopted this 1st day of May, 2023. Brad M. Cavanagh, Mayor Attest: Trish Gleason, Assistant City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE MYSTIQUE ICE CENTER - RINK ICE SYSTEM REMOVAL AND REPLACEMENT PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certif ies that he has inspected the Mystique Ice Center - Rink Ice System Removal and Replacement Project has been performed in compliance with the terms of the Public Improvement Con- tract, and that the total cost of the completed work is $816,201.42. Dated this 24th day of April 2023. /s/Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 24th day of April 2023. /s/Adrienne N. Breitfelder, City Clerk 5. 2023 Asphalt Overlay Ramp Project Four: Upon motion the documents were re- ceived and filed, and Resolution No. 123-23 Awarding Public Improvement Contract for the 2023 Asphalt Overlay Ramp Project Four was adopted. RESOLUTION NO. 123-23 AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE 2023 ASPHALT OVER- LAY RAMP PROJECT FOUR Whereas, sealed proposals have been submitted by contractors for the 2023 Asphalt Overlay Ramp Project Four, (the Project) and Notice to Bidders published on the City of Dubuque, Iowa website and plan room service with statewide circulation on the 29th day of March 2023; and Whereas, said sealed proposals were opened and read on the 13th day of April 2023 and it has been determined that Valentine Construction Co., LLC of Dubuque, IA submit- ted the low bid in the amount of $71,949.35, 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: Section 1. That a Public Improvement Contract for the Project is hereby awarded to Valentine Construction Co., LLC 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 1st day of May, 2023. Brad M. Cavanagh, Mayor Attest: Trish Gleason, Assistant City Clerk 6. East-West Corridor Capacity Improvements - Professional Consultant Services Con- tract - Supplemental Agreement No. 1 - Preliminary Engineering Design and Environmen- tal Clearance Phase: Upon motion the documents were received and filed, and Resolu- tion No. 124-23 Approving the Consultant Professional Services - Supplemental Agree- ment No. 1 between HDR Inc. and the City of Dubuque for the East-West Corridor Ca- pacity Improvements was adopted. RESOLUTION NO. 124-23 APPROVING THE CONSULTANT PROFESSIONAL SERVICES -SUPPLEMENTAL AGREEMENT NO. 1 BETWEEN HDR INC. AND THE CITY OF DUBUQUE FOR THE EAST-WEST CORRIDOR CAPACITY IMPROVEMENTS Whereas, the City of Dubuque is proceeding with East-West Corridor Capacity Im- provements; and Whereas, due to the revised scope of services and the additional level of work to meet the NEPA level regulatory requirements, this will add additional cost ($149,556) to the Consultant design services contract; and Whereas, the Consultant Professional Services - Supplemental Agreement No.1 au- thorizes HDR to provide the revised NEPA scope of services to continue to advance the completion of the Preliminary Engineering Design and Environmental Clearance Phase and to advance the development of East-West Corridor Capacity Improvements. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That said Consultant Professional Services - Supplemental Agreement No. 1 between HDR, Inc. and the City of Dubuque for the Preliminary Engineering Design and Environmental Clearance Phase for the East-West Corridor Capacity Improvements is hereby approved, subject to the concurrence of the Iowa Department of Transportation. Section 2. That the City Manager be authorized and directed to execute said Consult- ant Professional Services - Supplemental Agreement No. 1 with HDR, Inc. for the East- West Corridor Capacity Improvements. Passed, approved, and adopted this 1st day of May, 2023. Brad M. Cavanagh, Mayor Attest: Trish Gleason, Assistant City Clerk 7. Grants and Strategic Partnership Website and Story Map Update: Upon motion the documents were received and filed. 8. Dubuque Police Department 2022 Crime Statistics Handout: Upon motion the doc- uments were received and filed. 9. Signed Contract(s): ViDL Solutions for professional/technical services. Upon motion the documents were received and filed. 10. Proposed Amendment to Master Co-location and Shared Services Agreement Be- tween the City of Dubuque and Unite Private Network: Upon motion the documents were received, filed, and approved. 11. Approval of Retail Alcohol Licenses: Upon motion the documents were received and filed, and Resolution No. 125-23 Approving applications for retail alcohol licenses, as required by City of Dubuque Code of Ordinances Title 4 Business and License Regula- tions, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits was adopted. RESOLUTION NO. 125-23 APPROVING APPLICATIONS FOR RETAIL ALCOHOL LICENSES, 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 Whereas, applications for retail alcohol licenses have been submitted and filed with the City Council for approval, and the same have been examined, provisionally approved, and/or 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 o f the Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The City Clerk is hereby authorized and directed to cause to be issued at the noted premise address to the following applicants pendi ng submission of the locally required documentation: Special Event(s) per Special Event Application Submittal Q Casino and Hotel 6-1-23 to 6-5-23, 6-21-23 to 6-25-23, 7- 12-23 to 7-16-23, 8-9-23 to 8-13-23, 8- 18-23 to 8-22-23, 9-7-23 to 9-11-23, 9- 14-23 to 9-18-23 1855 Greyhound Park Rd. Back Parking Lot Traveling Tapster LLC 5-19-23 to 5-23-23 2601 Shiras Ave. Eagle Point Park, River front Pavilion Dubuque Main Street 6-5-23 to 6-9-23, 7-10-23 to 7-14-23, 8- 1-23 to 8-5-23, 8-7-23 to 8-11-23 680 Main St. Town Clock Plaza Area Residential Care 6-9-23 to 6-13-23 Vacant Lot- South of 350 Bell St. Passed, approved, and adopted this 1st day of May 2023. Brad M. Cavanagh, Mayor Attest: Trish Gleason, Assistant 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 Farber. Motion carried 7 -0. 1. Municipal Services Center Electric Vehicle (EV) Charging Stations Project : Upon motion the documents were received and filed, and Resolution No. 126 -23 Municipal Ser- vices Center EV Charging Stations Project: preliminary approval of plans, specifications, form of contract, and estimated cost; setting date of public hearing on plan s, specifica- tions, form of contract, and estimated cost for the Municipal Services Center EV Charging Stations Project was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on May 15, 2023, in the Historic Federal Building. RESOLUTION NO. 126-23 MUNICIPAL SERVICES CENTER EV CHARGING STATIONS PROJECT; PRELIMI- NARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ES- TIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPECIFICA- TIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE MUNICIPAL SER- VICES CENTER EV CHARGING STATIONS PROJECT Whereas, the intent of the City Council is to add EV vehicles to the city fleet; and Whereas, the Phase 1 Municipal Services Center EV Charging Station Project is a necessary improvement project to support the use of EV vehicles; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 That the proposed plans, specification, form of contract and estimated costs for the Municipal Services Center EV charging Stations P roject, in the estimated amount of $134,670 are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. Section 2 A public hearing will be held on the 15th day of May 2023, at 6:30 p.m. in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubu- que, Iowa, at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, form of contract, or estimated cost of the Project. Passed, approved, and adopted this 1st day of Ma y, 2023. Brad M. Cavanagh, Mayor Attest: Trish Gleason, Assistant City Clerk 2. 2023 Pavement Marking Project: Upon motion the documents were received and filed, and Resolution No. 127-23 Pavement Marking Project 2023: preliminary approval of plans, specifications, form of contract, and estimated cost; setting date of public hearing on plans, specifications, form of contract, and estimated cost; and ordering the advertise- ment for bids was adopted, setting a public hearing for a meeting to commence at 6:30 p.m. on May 15, 2023, in the Historic Federal Building. RESOLUTION NO. 127-23 2023 PAVEMENT MARKING PROJECT; PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE ADVERTISEMENT FOR BIDS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The proposed plans, specifications, form of contract and estimated cost for the 2023 Pavement Marking Project in the estimated amount $226,693.00, are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. Section 2 A public hearing will be held on the 15th day of May, 2023, at 6:30 p.m. in the Historic Federal Building Council Chambers (and/or by virtual means) 350 W. 6th Street, Dubuque, Iowa, at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, form of con- tract, or estimated cost of the Project. Section 3. The 2023 Pavement Marking Project is hereby ordered to be advertised for bids for construction. Section 4. The amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the Notice to Bidders hereby approved. Section 5. The City Engineer is hereby directed to advertise for bids for the construction of the improvements herein provided, by publishing the Notice to Bidders to be published on the City of Dubuque website and a contractor plan room service with statewide circu- lation, which notice shall be published not less than thirteen but not more than forty -five days before the date for filing bids before 2:00 p.m. on the 18th day of May 2023. Bids shall be opened and read by the City Clerk at said time and will be submitted to the City Council for final action at 6:30 p.m. on the 5th day of June 2023, in the Historic Federal Building Council Chambers (and/or by virtual means) 350 West 6th Street, Dubuque, Iowa. Passed, approved, and adopted this 1st day of May, 2023. Brad M. Cavanagh, Mayor Attest: Trish Gleason, Assistant City Clerk 3. Sale of City-Owned Lot at 590 Clarke Drive: Upon motion the documents were re- ceived and filed, and Resolution No. 128-23 Intent to dispose of an interest in City of Dubuque real estate to Ry Meyer, 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 May 15, 2023, in the Historic Federal Building. RESOLUTION NO. 128-23 INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE REAL ESTATE TO RY MEYER, SETTING A TIME AND PLACE FOR HEARING, AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF Whereas, the City of Dubuque, Iowa (City) owns 590 Clarke Drive (the Property) legally described as: Lot 8, except the Southerly 50 feet thereof, as conveyed by Warranty Deed recorded in Book 148TL, Page 269, and, except that part conveyed by Warranty Deed 792 - 1998, in J.P. Porter’s Addition to Dubuque, in the City of Dubuque, Iowa, according to the recorded plat thereof; and Whereas, the City acquired the property by petition for title to abandoned property, which was awarded on August 27, 2021; and Whereas, it is the recommendation of the Housing and Community Development De- partment to approve the purchase agreement for the sale to Ry Meyer according to the terms and conditions set out in the purchase agreement 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 City of Dubuque, Iowa, proposes to approve the purchase agree- ment of the above-described real estate to Ry Meyer. Section 2. That the City Council shall conduct a public hearing on the propo sed pur- chase agreement in the City Council Chambers at the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa on the 15th day of May 2023, beginning at 6:30 PM. Section 3. That the City Clerk be and is hereby authorized and directed to publish notice of the public hearing in the form attached hereto, according to law. Passed, approved, and adopted this 1st day of May, 2023. Brad M. Cavanagh, Mayor Attest: Trish Gleason, Assistant City Clerk 4. Fiscal Year 2023 Second Budget Amendment: Upon motion the documents were received and filed, and Resolution No. 129-23 Setting the date for the Public Hearing on Amendment No. 2 to the Fiscal Year 2023 Budget for the City of Dubuque was adopted, setting a public hearing for a meeting to commence at 6:30 p.m. on May 15, 2023, in the Historic Federal Building. RESOLUTION NO. 129-23 SETTING THE DATE FOR THE PUBLIC HEARING ON AMENDMENT NO. 2 TO THE FISCAL YEAR 2023 BUDGET FOR THE CITY OF DUBUQUE Whereas, Iowa Code Section 384.16 provides that the City Council shall set a time and place for a public hearing on amendments to the budget and publish notice before the hearing as provided in Iowa Code Section 362.3. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council shall conduct a public hearing on proposed Amend- ment No. 2 to the Fiscal Year 2023 budget for the City of Dubuque at the City Council Chambers at the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, on Mon- day, May 15, 2023, beginning at 6:30 p.m. Section 2. That the City Clerk be and is hereby authorized and directed to publish notice of the public hearing, according to law, together with the required budget infor- mation. Passed, approved, and adopted this 1st day of May 2023. Brad M. Cavanagh, Mayor Attest: Trish Gleason, assistant City Clerk 5. Amended and Restated Urban Renewal Plan for Greater Downtown Urban Renewal Area, Version 2023.3: Upon motion the documents were received and filed and Resolution No. 130-23 Authorizing and directing the City Manager to prepare an Amended and Restated Urban Renewal Plan, Version 2023.3 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, Version 2023.3 for said district was adopted, setting a public hearing for a meeting to commence at 6:30 p.m. on June 5, 2023, in the Historic Federal Building. RESOLUTION NO. 130-23 AUTHORIZING AND DIRECTING THE CITY MANAGER TO PREPARE AN AMENDED AND RESTATED URBAN RENEWAL PLAN, VERSION 2023.3 FOR THE GREATER DOWNTOWN URBAN RENEWAL DISTRICT AND SETTING THE DATE FOR A PUB- LIC HEARING AND CONSULTATION ON THE PROPOSED AMENDED AND RE- STATED URBAN RENEWAL PLAN, VERSION 2023.3 FOR SAID DISTRICT Whereas, the City Council of the City of Dubuque has heretofore approved the Amended and Restated Urban Renewal Plan (the “Plan” of “Urban Renewal Plan”) for the Greater Downtown Urban Renewal District (the “District”) in order to provide redevelop- ment opportunities which will further the purposes and objectives of the Urban Renewal Plan; and Whereas, City staff has recommended that the Urban Renewal Plan be further amended and restated to add a project to the public purpose activities in the District spe- cifically, off-site roadway improvements to the intersection of Kerper Boulevard and Kerper Court; and Whereas, Iowa Code Chapter 403 requires that before an Urban Renewal Plan may be modified, the City Council must follow the notification, consultation, and public hearing process set forth herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Manager is authorized and directed to prepare an Amended and Restated Urban Renewal Plan, Version 2023.3 for the Greater Downtown Urban Re- newal District to accomplish the foregoing purposes and objectives, to include in such Amended and Restated Urban Renewal Plan, Version 2023.3 any appropriate 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 Amended and Restated Plan, Version 2023.3. Section 2. That the City Clerk is directed to publish notice of a public hearing on the adoption of an Amended and Restated Urban Renewal Plan, Version 2023.3 for the Greater Downtown Urban Renewal District to be held on the 1st day of May, 2023, at 6:30 p.m. in the form attached hereto. The notice of said hearing shall generally identify the areas covered by the proposed Amended and Restated Urban Renewal Plan, Version 2023.3 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 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 Economic Development Director is directed to send by ordinary mail a copy of the proposed Amended and Restated Urban Renewal Plan, Version 2023.3, the notice of public hearing, a notice of consultation, and, to the extent the Amended and Restated Urban Renewal Plan, Version 2023.3 includes the use of tax increment revenues for a public building, an analysis of alternative development and fund- ing options for such public buildings, to the Dubuque Community School District Board of Education and Dubuque County Board of Supervisors, as the affected taxing entities. Passed, approved, and adopted this 1st day of May, 2023. Brad M. Cavanagh, Mayor Attest: Trish Gleason, Assistant City Clerk 6. Amended and Restated Urban Renewal Plan for Dubuque Industrial Center Urban Renewal Area, Version 2023.3: Upon motion the documents were received and filed and Resolution No. 131-23 Authorizing and directing the City Manager to prepare an Amended and Restated Urban Renewal Plan Version 2023.3 for the Dubuque Industrial Center Economic Development District, setting a date for the public hearing and directing the consultation process on the proposed Amended and Restated Urban Renewal Plan Version 2023.3 for said district was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on June 5, 2023, in the Historic Federal Building. RESOLUTION NO. 131-23 AUTHORIZING AND DIRECTING THE CITY MANAGER TO PREPARE AN AMENDED AND RESTATED URBAN RENEWAL PLAN VERSION 2023.3 FOR THE DUBUQUE INDUSTRIAL CENTER ECONOMIC DEVELOPMENT DISTRICT, SETTING A DATE FOR THE PUBLIC HEARING AND DIRECTING THE CONSULTATION PROCESS ON THE PROPOSED AMENDED AND RESTATED URBAN RENEWAL PLAN VERSION 2023.3 FOR SAID DISTRICT Whereas, the City Council of the City of Dubuque has heretofore approved the Amended and Restated Urban Renewal Plan (the “Plan” or “Urban Renewal Plan”) for the Dubuque Industrial Center Economic Development District (the “District”) in order to provide redevelopment opportunities which will further the purposes and objectives of the foregoing Urban Renewal Plan; and Whereas, City staff has recommended that the Plan be further amended to expand the District to include additional property to be designated as a new Subarea T and to add a project to the Public Purpose Activities, specifically a City Data Center, for the Dubuque Industrial Center Economic Development District; and Whereas, Iowa Code Chapter 403 requires that before a Plan may be modified, the City Council must follow the notification, consultation, and public hearing process set forth therein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Manager is authorized and directed to prepare an Amended and Restated Urban Renewal Plan Version 2023.3 for the Dubuque Industrial Center Economic Development District to include in such Plan any appropriate project activities and details, and to determine an appropriate date for and conduct the consultation pro- cess required by law with affected taxing entities concerning the proposed amendment. Section 2. That the City Council hold a public hearing on the adoption of the proposed Amended and Restated Urban Renewal Plan Version 2023.3 for the Dubuque Industrial Center Economic Development District on June 5, 2023 at 6:30 p.m. in the form attached hereto. The notice of said hearing shall generally identify the areas covered by the Plan Version 2023.3 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 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 3. That the Economic Development Department is further directed to send by ordinary mail a copy of said Plan Version 2023.3, the notice of public hearing, a notice of consultation, and, to the extent the Plan Version 2023.3 includes the use of tax increment revenues for a public building, an analysis of alternative develo pment and funding options for such public buildings, to the Dubuque Community School District and the Dubuque County Board of Supervisors, as the affected taxing entities. Passed, approved, and adopted this 1st day of May, 2023. Brad M. Cavanagh, Mayor Attest: Trish Gleason, Assistant City Clerk 7. Jule Public Hearing - Iowa Department of Transportation’s Consolidated Funding Application: Upon motion the documents were received and filed, and Resolution No. 132-23 Setting the date for a public hearing on Iowa Department of Transportation (DOT) Consolidated Funding Application was adopted, setting a public hearing for a meeting to commence at 6:30 p.m. on June 5, 2023, in the Historic Federal Building. RESOLUTION NO. 132-23 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. 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: 2.06% of formula funds Total: $352,876 From federal funds for transit in non-urbanized areas and/or for transit serving primarily elderly persons and persons with disabilities: $94,449 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 suf- ficient 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 e quip- ment 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: Section 1. A public hearing will be held as part of the City Cou ncil Meeting on June 5, 2023. 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, approved, and adopted this 1st day of May, 2023. Brad M. Cavanagh, Mayor Attest: Trish Gleason, Assistant City Clerk 8. Community Development Block Grant Fiscal Year 23 Annual Action Plan Amend- ment #2 Public Hearing: Upon motion the documents were received and filed, and Res- olution No. 133-23 Setting a public hearing on the Fiscal Year 2023 (Program Year 2022) Community Development Block Grant (CDBG) Annual Action Plan Amendment #2 was adopted, setting a public hearing for a meeting to commence at 6:30 p.m. on June 5, 2023, in the Historic Federal Building. RESOLUTION NO. 133-23 SETTING A PUBLIC HEARING ON THE FISCAL YEAR 2023 (PROGRAM YEAR 2022) COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN AMENDMENT #2 Whereas, the City of Dubuque, through a series of public meetings and hearings, pro- posed a Fiscal Year 2023 (Program Year 2022) Community Development Block Grant Annual Action Plan for inclusion in the City Budget addressing housing and non -housing needs in the community; and Whereas, the City desires to hold a public hearing to receive comments on the pro- posed second amendment to the Fiscal Year 2023 (Program Year 2022) Community De- velopment Block Grant Annual Action Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council will meet in the Historic Federal Building, Council Chambers, 2nd Floor, 350 West 6th Street, Dubuque, Iowa at 6:30 p.m. on June 5, 2023 for the purpose of holding a public hearing and taking action to include the Fiscal Year 2023 (Program Year 2022) Community Development Block Grant Annual Action Plan Amendment #2 in the City Budget. Section 2. That the City Clerk is hereby authorized and directed to publish a not ice of such public hearing and the City Council’s intent to review and take action on the Fiscal Year 2023 (Program Year 2022) Community Development Block Grant Annual Plan Amendment #2. Passed, approved, and adopted this 1st day of May, 2023. Brad M. Cavanagh, Mayor Attest: Trish Gleason, Assistant City Clerk BOARDS/COMMISSIONS Applications were reviewed for the following Boards and Commissions. Applicants were invited to address the City Council regarding their desire to serve on the following Boards/Commissions. i. Equity and Human Rights Commission: One, 3-Year term through January 1, 2024 (Vacant term of Evans) Applicants: Pamela Birch, 1550 Butterfield Dr.; Michaela Frei- burger, 1718 Diane Ct.; Kristen Leffler, 159 Julien Dubuque Dr.; Candace Raymond, 1155 Tressa St.; Theresa Sampson Brown, 2285 Clydesdale Ct.; Nina Streauslin, 3904 Cora Dr. This commission is subject to the State of Iowa Gender Balance Law, §69.16A. 9 Commissioners total; currently 4 males/4 females/ 1 opening. ii. Long Range Planning Advisory Commission: One, 3-Year term through July 1, 2025 (Vacant term of Krayer) Applicant: Cliff Conrad, 135 West 17th St. PUBLIC HEARINGS 1. Resolution of Approval for the Proposed Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District, Version 2023.2 : Motion by Jones to receive and file the documents and adopt Resolution No. 134 -23 Approving the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District, Version 2023.2. Seconded by Roussell. Motion carried 7-0. RESOLUTION NO. 134-23 APPROVING THE AMENDED AND RESTATED URBAN RENEWAL PLAN FOR THE GREATER DOWNTOWN URBAN RENEWAL DISTRICT, VERSION 2023.2 Whereas, by Resolution 93-23 on April 3, 2023, 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 2023.2") for the Greater Downtown Urban Re- newal District (the "District"); and Whereas, the City of Dubuque's primary objective for the Amended and Restated Plan, Version 2023.2, is to provide opportunities which will further economic development pur- poses 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 recom- mended changes to the Amended and Restated Plan, Version 2023.2, 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 2023.2. 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 2023.2, 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 1st day of May, 2023. Brad M. Cavanagh, Mayor Attest: Trish Gleason, Assistant City Clerk 2. Resolution Approving the Proposed First Amendment to Development Agreement by and between the City of Dubuque and Seippel Warehouse, LLC providing for the is- suance of Urban Renewal Tax Increment Revenue Grant Obligations pursuant to the De- velopment Agreement: Motion by Jones to receive and file the documents and adopt Res- olution No. 135-23 Approving the First Amendment to Development Agreement between the City of Dubuque, Iowa and Seippel Warehouse, LLC. Seconded by Sprank. Motion carried 7-0. RESOLUTION NO. 135-23 APPROVING THE FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BE- TWEEN THE CITY OF DUBUQUE, IOWA AND SEIPPEL WAREHOUSE, LLC Whereas, the City of Dubuque (City) and Seippel Warehouse, LLC (Developer) previ- ously entered into a Development Agreement dated February 20, 2023, for the develop- ment of real estate legally described as: Lot 2 of Dubuque Center South First Additions, City of Dubuque, Iowa: (the “Initial Property”); and Whereas, Developer desires to acquire additional real estate adjoining the Initial Prop- erty described as follows: Lot 2 of Lot 3 of Dubuque Industrial Center South First Addition, Dubuque Iowa (the “Wilming Property”); and Lot 2 in Brehm Acres Plat 3, Dubuque, Iowa (the “Brehm Property”) (the “Property”) all of which shall be combined in a consolidated plat; and Whereas, Developer intends to expand the size of the warehouse to be constructed on the Initial Property, to extend the structure over portions of the Brehm Property and to obtain access to the structure over the Wilming Property; and Whereas, the parties desire to amend the Development Agreement to include the Wilming Property and the Brehm Property in the definition of Property in the Development Agreement and to otherwise modify the Development Agreement to accommodate addi- tional property; and Whereas, City and Developer desire to amend the Development Agreement as set forth in the attached First Amendment; and Whereas, the City Council held a public hearing on the proposed First Amendment and overruled all objections thereto; and Whereas, the City Council finds that the First Amendment should be approved. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the First Amendment to Development Agreement by and between the City of Dubuque and Seippel Warehouse, LLC, a copy of which is attached hereto, is hereby approved. Section 2. The City Manager is hereby authorized and directed to take such action as may be necessary to carry out the Development Agreement as amended. Passed, approved, and adopted this 1st day of May, 2023. Brad M. Cavanagh, Mayor Attest: Trish Gleason, Assistant, City Clerk ACTION ITEMS 1. 2023 Ken Kringle Awards Presentation: Motion by Roussell to receive and file the documents and listen to the presentation. Seconded by Jones. Historic Preservation Commission Vice Chairperson Thea Dement and Assistant Planner Chris Olson gave a brief presentation showing the winners of the awards and their projects. Motion carried 7- 0. 2. Parks and Recreation Advisory Commission Recommendation for Renaming of the Former Pyatigorsk Park to Jaycee Park: Motion by Resnick to receive and file the docu- ments and discuss amongst council. Seconded by Sprank. The council thanked the Park and Recreation Advisory Commission for their hard work and dedication to the process of reviewing all the submissions provided by individuals and organizations and presenting the City Council with a recommendation. A lengthy and detailed council discussion en- sued regarding the recommended renaming of the park. Amended motion by Farber to rename the former Pyatigorsk Park to Sister City Inter- national Park. Seconded by Jones. Motion carried 4-3 with Roussell, Resnick, and Wethal voting nay. 3. Comiskey Park – Phase 1 Redevelopment Project: Painting of Basketball Court and Splash Pad Schedule Change: Motion by Sprank to receive and file the documents. Se- conded by Farber. The council thanked Leisure Services Manager Marie Ware for finding cost-saving alternatives and being fiscally responsible. Motion carried 7-0. 4. Sustainable Dubuque Grant Recommendations: Motion by Resnick, to receive and file and adopt the resolutions. Seconded by Wethal. Council Member Jones noted that the application from Tri-State Christian School should be disqualified as they are not lo- cated within the corporate city limits of Dubuque . Therefore, the resolution entitled “Awarding Sustainable Dubuque Grant to Tri-State Christian School” should not be ap- proved because they are not located within the corporate city limits of Dubuque. Council discussion ensued regarding a previous year’s grant that had been awarded to Tri-State Christian School. The council also discussed the policy that the applicants must fall within the corporate city limits of Dubuque and adhering to that policy going forward. Amended motion by Jones to disqualify Tri-State Christian School’s application. Se- conded by Farber. Motion carried 6-1 with Resnick voting nay. Mayor Cavanagh restated the motion on the floor as motion by Jones to receive and file the documents and adopt Resolution No. 136-23 Awarding Sustainable Dubuque Grant to Centrally Rooted Mission, Inc., Resolution No. 137-23 Awarding Sustainable Dubuque Grant to Convivium Urban Farmstead , Resolution No. 138-23 Awarding Sustainable Dubuque Grant to the Four Mounds Foundation , Resolution No. 139-23 Awarding Sustainable Dubuque Grant to the Nova Elite Youth Basketball, Resolution No. 140-23 Awarding Sustainable Dubuque Grant to St. Mark Youth Enrichment , and Reso- lution No. 142-23 Awarding Sustainable Dubuque Grant to the Valentine Park Community Garden. Seconded by Farber. Motion carried 6-1 with Resnick voting nay. RESOLUTION NO. 136-23 AWARDING SUSTAINABLE DUBUQUE GRANT TO CENTRALLY ROOTED MIS- SION, INC. Whereas, the City Council adopts goals on an annual basis; and Whereas, sustainability first appeared as a City Council goal in 2006; and Whereas, in 2010 the City Council adopted the Dubuque Greenhouse Gas (GHG) In- ventory, the first step in developing a Climate Action Plan (CAP) for Dubuque; and Whereas, the inventory measured gases emitted by City operations for the baseline year 2003, and again for 2007, and predicted future emissions if business as usual oc- curred, and provided the City a tool to set emission reduction targets to improve and maintain healthy air quality; and Whereas, a 2014 update to the GHG inventory revealed that the community had re- duced their GHG emissions 11% since 2003, and Whereas, the 2019 update to the GHG inventory reported a 27% reduction in GHG emissions since 2003; and Whereas, the City Council adopted “The 50% by 2030 Plan” in 2013, and updated the plan in 2020, as a non-binding, voluntary effort to identify opportunities to reduce Dubu- que’s community greenhouse gas emissions; and Whereas, The 50% by 2030 Plan is used in the following ways: • Informing officials during goal-setting and budget decisions, • Informing businesses and individuals about potential emission and cost- saving options, • Showcasing success stories, • Providing a roadmap that can be added to or adjusted, and • Exposing from where Dubuque’s GHG emissions really come; and Whereas, sustainability has remained a goal; and Whereas, the City Council in 2022 reaffirmed its commitment to sustainability by adopting the specific goal, “Sustainable Environment: Preserving and Enhancing Nat- ural Resources”; and Whereas, the City Council in 2022 reaffirmed its commitment to sustainability through partnerships by adopting the specific goal, “Partnership for a Better Dubuque: Building Our Community that is Viable, Livable, and Equitable”; and Whereas, the City Council in 2022 reaffirmed its commitment to sustainability by adopt- ing the specific goal, Livable Neighborhoods and Housing: Great Place to Live”; and Whereas, the Sustainable Dubuque Grant program is the intersection of the City’s goals related to sustainability, equity, viability, partnerships, and the creation of housing, which is livable, affordable, and sustainable; and Whereas, the Sustainable Dubuque Grant program meets the needs of the Dubuque community’s vision for sustainability; and Whereas, efforts which address a Sustainable Dubuque principle and offer a community engagement activity or community education activity benefit the entirety of the community and the specifically adopted goals of the City Council; and Whereas, the grant recipients shall purchase new equipment and materials to expand programming to allow community members within LMI population to have free access to a music lab and art studio; and Whereas, the City Council believes it is in the best interest of the City of Dubuque to further sustainability efforts in the community for the benefit of all residents and visitors. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council hereby awards a Sustainable Dubuque Grant to Centrally Rooted Mission, Inc. Section 2. The City Manager or his designee shall enter into a grant agreement with Centrally Rooted Mission, Inc. and shall ensure compliance with the grant agreement pursuant to Iowa Code and the grant award requirements. Passed, approved, and adopted this 1st day of May, 2023. Brad M. Cavanagh, Mayor Attest: Trish Gleason, Assistant City Clerk RESOLUTION NO. 137 - 23 AWARDING SUSTAINABLE DUBUQUE GRANT TO CONVIVIUM URBAN FARM- STEAD Whereas, the City Council adopts goals on an annual basis; and Whereas, sustainability first appeared as a City Council goal in 2006; and Whereas, in 2010 the City Council adopted the Dubuque Greenhouse Gas (GHG) In- ventory, the first step in developing a Climate Action Plan (CAP) for Dubuque; and Whereas, the inventory measured gases emitted by City operations for the baseline year 2003, and again for 2007, and predicted future emissions if business as usual oc- curred, and provided the City a tool to set emission reduction targets to improve and maintain healthy air quality; and Whereas, a 2014 update to the GHG inventory revealed that the community had re- duced their GHG emissions 11% since 2003, and Whereas, the 2019 update to the GHG inventory reported a 27% reduction in GHG emissions since 2003; and Whereas, the City Council adopted “The 50% by 2030 Plan” in 2013, and updated the plan in 2020, as a non-binding, voluntary effort to identify opportunities to reduce Dubu- que’s community greenhouse gas emissions; and Whereas, The 50% by 2030 Plan is used in the following ways: • Informing officials during goal-setting and budget decisions, • Informing businesses and individuals about potential emission and cost- saving op- tions, • Showcasing success stories, • Providing a roadmap that can be added to or adjusted, and • Exposing from where Dubuque’s GHG emissions really come; and Whereas, sustainability has remained a goal; and Whereas, the City Council in 2022 reaffirmed its commitment to sustainability by adopt- ing the specific goal, “Sustainable Environment: Preserving and Enhancing Natural Re- sources”; and Whereas, the City Council in 2022 reaffirmed its commitment to sustainability through partnerships by adopting the specific goal, “Partnership for a Better Dubuque: Building Our Community that is Viable, Livable, and Equitable”; and Whereas, the City Council in 2022 reaffirmed its commitment to sustainability by adopt- ing the specific goal, Livable Neighborhoods and Housing: Great Place to Live”; and Whereas, the Sustainable Dubuque Grant program is the intersection of the City’s goals related to sustainability, equity, viability, partnerships, and the creation of housing, which is livable, affordable, and sustainable; and Whereas, the Sustainable Dubuque Grant program meets the needs of the Dubuque community’s vision for sustainability; and Whereas, efforts which address a Sustainable Dubuque principle and offer a commu- nity engagement activity or community education activity benefit the entirety of the com- munity and the specifically adopted goals of the City Council; and Whereas, the grant recipients shall purchase new garden tools and equipment to in- crease volunteer safety and maximize hands on volunteer capacity and education for people who want to learn to grow their own food within the community; and Whereas, the City Council believes it is in the best interest of the City of Dubuque to further sustainability efforts in the community for the benefit of all residents and visitors. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council hereby awards a Sustainable Dubuque Grant to the Con- vivium Urban Farmstead. Section 2. The City Manager or his designee shall enter into a grant agreement with Convivium Urban Farmstead and shall ensure compliance with the grant agreement pur- suant to Iowa Code and the grant award requirements. Passed, approved, and adopted this 1st day of May, 2023. Brad M. Cavanagh, Mayor Attest: Trish Gleason, Assistant City Clerk RESOLUTION NO. 138-23 AWARDING SUSTAINABLE DUBUQUE GRANT TO THE FOUR MOUNDS FOUNDA- TION Whereas, the City Council adopts goals on an annual basis; and Whereas, sustainability first appeared as a City Council goal in 2006; and Whereas, in 2010 the City Council adopted the Dubuque Greenhouse Gas (GHG) In- ventory, the first step in developing a Climate Action Plan (CAP) for Dubuque; and Whereas, the inventory measured gases emitted by City operations for the baseline year 2003, and again for 2007, and predicted future emissions if business as usual oc- curred, and provided the City a tool to set emission reduction targets to improve and maintain healthy air quality; and Whereas, a 2014 update to the GHG inventory revealed that the community had re- duced their GHG emissions 11% since 2003, and Whereas, the 2019 update to the GHG inventory reported a 27% reduction in GHG emissions since 2003; and Whereas, the City Council adopted “The 50% by 2030 Plan” in 2013, and updated the plan in 2020, as a non-binding, voluntary effort to identify opportunities to reduce Dubuque’s community greenhouse gas emissions; and Whereas, The 50% by 2030 Plan is used in the following ways: • Informing officials during goal-setting and budget decisions, • Informing businesses and individuals about potential emission and cost - saving options, • Showcasing success stories, • Providing a roadmap that can be added to or adjusted, and • Exposing from where Dubuque’s GHG emissions really come; and Whereas, sustainability has remained a goal; and Whereas, the City Council in 2022 reaffirmed its commitment to sustainability by adopting the specific goal, “Sustainable Environment: Preserving and Enhancing Nat- ural Resources”; and Whereas, the City Council in 2022 reaffirmed its commitment to sustainability through partnerships by adopting the specific goal, “Partnership for a Better Dubuque: Bui lding Our Community that is Viable, Livable, and Equitable”; and Whereas, the City Council in 2022 reaffirmed its commitment to sustainability by adopt- ing the specific goal, Livable Neighborhoods and Housing: Great Place to Live”; and Whereas, the Sustainable Dubuque Grant program is the intersection of the City’s goals related to sustainability, equity, viability, partnerships, and the creation of housing, which is livable, affordable, and sustainable; and Whereas, the Sustainable Dubuque Grant program meets the needs of the Dubuque community’s vision for sustainability; and Whereas, efforts which address a Sustainable Dubuque principle and offer a commu- nity engagement activity or community education activity benefit the entirety of the com- munity and the specifically adopted goals of the City Council; and Whereas, the grant recipients shall hire an environmental intern to assist with updating land stewardship planning for endangered species and increase capacity to provide op- portunities to educate the community; and Whereas, the City Council believes it is in the best interest of the City of Dubuque to further sustainability efforts in the community for the benefit of all residents and visitors. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council hereby awards a Sustainable Dubuque Grant to the Four Mounds Foundation. Section 2. The City Manager or his designee shall enter into a grant agreement with the Four Mounds Foundation and shall ensure comp liance with the grant agreement pur- suant to Iowa Code and the grant award requirements. Passed, approved, and adopted this 1st day of May 2023. Brad M. Cavanagh, Mayor Attest: Trish Gleason, Assistant City Clerk RESOLUTION NO. 139-23 AWARDING SUSTAINABLE DUBUQUE GRANT TO THE NOVA ELITE YOUTH BAS- KETBALL Whereas, the City Council adopts goals on an annual basis; and WHEREAS, sustain- ability first appeared as a City Council goal in 2006; and Whereas, in 2010 the City Council adopted the Dubuque Greenhouse Gas (GHG) In- ventory, the first step in developing a Climate Action Plan (CAP) for Dubuque; and Whereas, the inventory measured gases emitted by City operations for the baseline year 2003, and again for 2007, and predicted future emissions if business as usual oc- curred, and provided the City a tool to set emission reduction targets to improve and maintain healthy air quality; and Whereas, a 2014 update to the GHG inventory revealed that the community had re- duced their GHG emissions 11% since 2003, and Whereas, the 2019 update to the GHG inventory reported a 27% reduction in GHG emissions since 2003; and Whereas, the City Council adopted “The 50% by 2030 Plan” in 2013, and updated the plan in 2020, as a non-binding, voluntary effort to identify opportunities to reduce Dubu- que’s community greenhouse gas emissions; and Whereas, The 50% by 2030 Plan is used in the following ways: • Informing officials during goal-setting and budget decisions, • Informing businesses and individuals about potential emission and cost - saving options, • Showcasing success stories, • Providing a roadmap that can be added to or adjusted, and • Exposing from where Dubuque’s GHG emissions really come; and WHEREAS, sustainability has remained a goal; and Whereas, the City Council in 2022 reaffirmed its commitment to sustainability by adopt- ing the specific goal, “Sustainable Environment: Preserving and Enhancing Natural Re- sources”; and Whereas, the City Council in 2022 reaffirmed its commitment to sustainability through partnerships by adopting the specific goal, “Partnership for a Better Dubuque: Building Our Community that is Viable, Livable, and Equitable”; and Whereas, the City Council in 2022 reaffirmed its commitment to sustainability by adopt- ing the specific goal, Livable Neighborhoods and Housing: Great Place to Live”; and Whereas, the Sustainable Dubuque Grant program is the intersection of the City’s goals related to sustainability, equity, viability, partnerships, and the creation of housing, which is livable, affordable, and sustainable; and Whereas, the Sustainable Dubuque Grant program meets the needs of the Dubuque community’s vision for sustainability; and Whereas, efforts which address a Sustainable Dubuque principle and offer a commu- nity engagement activity or community education activity benefit the entirety of the com- munity and the specifically adopted goals of the City Council; and Whereas, the grant recipients shall award scholarships to students who need financial help to allow them the opportunity to gain experience and be part of a traveling basketball team; and Whereas, the City Council believes it is in the best interest of the City of Dubuque to further sustainability efforts in the community for the benefit of all residents and visitors. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council hereby awards a Sustainable Dubuque Grant to the Nova Elite Youth Basketball. Section 2. The City Manager or his designee shall enter into a grant agreement with the Nova Elite Youth Basketball and shall ensure compliance with the grant agreement pursuant to Iowa Code and the grant award requirements. Passed, approved, and adopted this 17th day of April 2023. Brad M. Cavanagh, Mayor Attest: Trish Gleason, Assistant City Clerk RESOLUTION NO. 140-23 AWARDING SUSTAINABLE DUBUQUE GRANT TO ST. MARK YOUTH ENRICH- MENT Whereas, the City Council adopts goals on an annual basis; and Whereas, sustainability first appeared as a City Council goal in 2006; and Whereas, in 2010 the City Council adopted the Dubuque Greenhouse Gas (GHG) In- ventory, the first step in developing a Climate Action Plan (CAP) for Dubuque; and Whereas, the inventory measured gases emitted by City operations for the baseline year 2003, and again for 2007, and predicted fu ture emissions if business as usual oc- curred, and provided the City a tool to set emission reduction targets to improve and maintain healthy air quality; and Whereas, a 2014 update to the GHG inventory revealed that the community had re- duced their GHG emissions 11% since 2003, and Whereas, the 2019 update to the GHG inventory reported a 27% reduction in GHG emissions since 2003; and Whereas, the City Council adopted “The 50% by 2030 Plan” in 2013, and updated the plan in 2020, as a non-binding, voluntary effort to identify opportunities to reduce Dubu- que’s community greenhouse gas emissions; and Whereas, The 50% by 2030 Plan is used in the following ways: • Informing officials during goal-setting and budget decisions, • Informing businesses and individuals about potential emission and cost- saving options, • Showcasing success stories, • Providing a roadmap that can be added to or adjusted, and • Exposing from where Dubuque’s GHG emissions really come; and Whereas, sustainability has remained a goal; and Whereas, the City Council in 2022 reaffirmed its commitment to sustainability by adopt- ing the specific goal, “Sustainable Environment: Preserving and Enhancing Natural Re- sources”; and Whereas, the City Council in 2022 reaffirmed its commitment to susta inability through partnerships by adopting the specific goal, “Partnership for a Better Dubuque: Building Our Community that is Viable, Livable, and Equitable”; and Whereas, the City Council in 2022 reaffirmed its commitment to sustainability by adopt- ing the specific goal, Livable Neighborhoods and Housing: Great Place to Live”; and Whereas, the Sustainable Dubuque Grant program is the intersection of the City’s goals related to sustainability, equity, viability, partnerships, and the creation of housing, which is livable, affordable, and sustainable; and Whereas, the Sustainable Dubuque Grant program meets the needs of the Dubuque community’s vision for sustainability; and Whereas, efforts which address a Sustainable Dubuque principle and offer a commu- nity engagement activity or community education activity benefit the entirety of the com- munity and the specifically adopted goals of the City Council; and Whereas, the grant recipients shall provide hands on enrichment opportunities and programs for a 5-week summer camp for approximately 90 children that focus on holistic connections to nature; and Whereas, the City Council believes it is in the best interest of the City of Dubuque to further sustainability efforts in the community for the benefit of all residen ts and visitors. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council hereby awards a Sustainable Dubuque Grant to St. Mark Youth Enrichment. Section 2. The City Manager or his designee shall enter into a grant agreement with St. Mark Youth Enrichment and shall ensure compliance with the grant agreement pur- suant to Iowa Code and the grant award requirements. Passed, approved, and adopted this 1st day of May 2023. Brad M. Cavanagh, Mayor Attest: Trish Gleason, Assistant City Clerk RESOLUTION NO. 142-23 AWARDING SUSTAINABLE DUBUQUE GRANT TO THE VALENTINE PARK COM- MUNITY GARDEN Whereas, the City Council adopts goals on an annual basis; and Whereas, sustainability first appeared as a City Council goal in 2006; and Whereas, in 2010 the City Council adopted the Dubuque Greenhouse Gas (GHG) In- ventory, the first step in developing a Climate Action Plan (CAP) for Dubuque; and Whereas, the inventory measured gases emitted by City operations for t he baseline year 2003, and again for 2007, and predicted future emissions if business as usual oc- curred, and provided the City a tool to set emission reduction targets to improve and maintain healthy air quality; and Whereas, a 2014 update to the GHG inventory revealed that the community had re- duced their GHG emissions 11% since 2003, and Whereas, the 2019 update to the GHG inventory reported a 27% reduction in GHG emissions since 2003; and Whereas, the City Council adopted “The 50% by 2030 Plan” in 2013, and updated the plan in 2020, as a non-binding, voluntary effort to identify opportunities to reduce Dubu- que’s community greenhouse gas emissions; and Whereas, The 50% by 2030 Plan is used in the following ways: • Informing officials during goal-setting and budget decisions, • Informing businesses and individuals about potential emission and cost - saving options, • Showcasing success stories, • Providing a roadmap that can be added to or adjusted, and • Exposing from where Dubuque’s GHG emissions really come; and Whereas, sustainability has remained a goal; and Whereas, the City Council in 2022 reaffirmed its commitment to sustainability by adopting the specific goal, “Sustainable Environment: Preserving and Enhancing Natural Resources”; and Whereas, the City Council in 2022 reaffirmed its commitment to sustainability through partnerships by adopting the specific goal, “Partnership for a Better Dubuque: Building Our Community that is Viable, Livable, and Equitable”; and Whereas, the City Council in 2022 reaffirmed its commitment to sustainability by adopt- ing the specific goal, Livable Neighborhoods and Housing: Great Place to Live”; and Whereas, the Sustainable Dubuque Grant program is the intersection of the City’s goals related to sustainability, equity, viability, partnerships, and the creation of housing, which is livable, affordable, and sustainable; and Whereas, the Sustainable Dubuque Grant program meets the needs of the Dubuque community’s vision for sustainability; and Whereas, efforts which address a Sustainable Dubuque principle and offer a commu- nity engagement activity or community education activity benefit the entirety of the com- munity and the specifically adopted goals of the City Council; and Whereas, the grant recipients shall replace a deer fence around t he community garden to better protect against animals and expand and enclose additional garden area for vine growing; and Whereas, the City Council believes it is in the best interest of the City of Dubuque to further sustainability efforts in the community for the benefit of all residents and visitors. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council hereby awards a Sustainable Dubuque Grant to the Val- entine Park Community Garden. Section 2. The City Manager or his designee shall enter into a grant agreement with the Valentine Park Community Garden and shall ensure compliance with the grant agree- ment pursuant to Iowa Code and the grant award requirements. Passed, approved, and adopted this 1st day of May 2023. Brad M. Cavanagh, Mayor Attest: Trish Gleason, Assistant City Clerk 5. Agreement with CCI5, LLC – Right of Way/Land Transfers at the intersection of Bies Drive, Sylvan Drive and Century Drive: Motion by Roussell to receive and file the docu- ments and adopt Resolution No. 143-23 Approving an Agreement between the City of Dubuque, Iowa and CCI5, LLC. Seconded by Sprank. Motion carried 7-0. RESOLUTION NO. 143-23 APPROVING AN AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND CCI5, LLC. Whereas, CCI5 is the owner of the property legally described as: Lot 1 of Roger F. & Kathleen A. Klauer Family Place, in the City of Dubuque, Iowa, according to the recorded plat thereof and as shown on Exhibit A of the attached Agreement (the Real Estate); and Whereas, City is the owner of the abutting right-of-way as shown on Exhibit A of the attached Agreement; and Whereas, in the future City intends to reconstruct the intersection of Bies Drive, Sylvan Drive and Century Drive, which reconstruction will include roadway improvements, side- walk installation, and utility improvements (the Future Project); and Whereas, City has determined that the Future Project will relocate the alignment of Century Drive which will require acquisition of additional right -of-way by City from CCI5; and Whereas, CCI5 is willing to dedicate the necessary additional right-of-way to City; and Whereas, the Future Project concept does not show a need for the existing excess cul - de-sac right-of-way area on the east side of the intersection and the area abuts the CCI5 property on Bies Drive; and Whereas, City is willing to vacate the excess cul-de-sac right-of-way to CCI5; and Whereas, the parties have agreed the land transfers as part of the Future Project are substantially equivalent in value; and Whereas, via the attached agreement, the parties have come to terms as set forth herein for how to best effectuate the components of the Future Project to maximize the benefits to each party and the residents and visitors to Dubuque. Whereas, CCI5, LLC 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 1st day of May 2023. Brad M. Cavanagh, Mayor Attest: Trish Gleason, Assistant City Clerk 6. National Endowment for the Arts (NEA) Local Arts Agency (LAA) American Rescue Plan Act (ARPA) Creative Empowerment Subgrant Funding Recommendation for Round 1: Motion by Jones to receive and file the documents and approve. Seconded by Rous- sell. Motion carried 7-0. 7. Proposed 14th Amendment to Master Co-location and Shared Services Agreement between the City of Dubuque and ImOn Communications LLC: Motion by Farber to re- ceive and file the documents and approve. Seconded by Jones. Motion carried 7-0. 8. Cancel May 15, 2023, Sustainable Dubuque Work Session : Motion by Jones to re- ceive and file the documents and cancel the work session as recommended. Seconded by Roussell. Motion carried 7-0. 9. FLOCK Safety Automated License Plate Reader Presentation - Time Change for May 15, 2023, Work Session: Motion by Jones to receive and file the documents and change the time of the May 15, 2023, work session to 5:45 p.m. Seconded by Sprank. Motion carried 7-0. 10. Work Session Request: Speed Study Data related to Automated Speed Enforce- ment Recommendation: Motion by Roussell to receive and file the documents and sched- ule the work session for Tuesday, June 20, 2023, at 5:30 p.m. Seconded by Sprank. Motion carried 7-0. COUNCIL MEMBER REPORTS Council Member Roussell reported on attending the Dubuque Federation of Labor Temple speaking at the Worker Memorial where they read the names of 50 individuals who died in the workplace. Ms. Roussell advised everyone to work together to make workspaces a safe space. Mayor Cavanagh reported on attending the Julien Dubuque International Film Festival, stating that it is a great expression of film and art and an affirmation that what Dubuque is doing for the arts in the community is registering with people outside of our community. CLOSED SESSION Motion by Jones to convene in closed session at 8:32 p.m. to discuss Purchase or Sale of Real Estate – Chapter 21.5(1)(j) Code of Iowa. Seconded by Wethal. 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 Crenna Brumwell. Motion carried 7 -0. Upon motion, the City Council reconvened in open session at 9:49 p.m. stating that staff had been given proper direction. ADJOURNMENT There being no further business, Mayor Cavanagh declared the meeting adjourned at 9:51 p.m. /s/Trish L. Gleason, MMC, Assistant City Clerk