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04 18 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 April 18, 2022, in the second-floor Council Chambers of the Historic Federal Building, 350 W. 6 th 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 special session of the City Council called for the purpose of conducting a work session on the Arts and Culture Master Plan. WORK SESSION ARTS AND CULTURE MASTER PLAN Arts and Cultural Affairs Coordinator Jenni Petersen -Brant made a presentation. Mayor Cavanagh requested the City Council email their questions to Ms. Petersen-Brant due to limited time remaining in the session. There being no further business, Mayor Cavanagh declared the meeting adjourned at 6:29 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 April 18, 2022, 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 PRESENTATION(S) 1. Dubuque Women's Leadership Network Women of Achievement Awards Presentation : Justine Bemis, Dubuque Women's Leadership Network Board President, presented City Attorney Crenna Brumwell with the Unsung Hero Award, and Arts and Cultural Affairs Coordinator Jenni Petersen-Brant with the Up and Coming Leader Award. PROCLAMATION(S) 1. Dark Sky Week (April 22-30, 2022) was accepted by Julia Rodewald and Olivia Dove on behalf of Green Iowa AmeriCorps. 2. Soil and Water Stewardship Week (April 24 - May 1, 2022) was accepted by Dave Ruden on behalf of the Dubuque Soil & Water Conservation District. 3. Days of Caring Proclamation (April 29, 2022) was accepted by Assistant City Manager Cori Burbach on behalf of the Dubuque YP Days of Caring Board. CONSENT ITEMS Motion by Resnick to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Farber. Motion carried 7-0. 1. Minutes and Reports Submitted: City Council proceedings of 3/29 and 4/4; Housing Commission of 2/22; Library Board of Trustees Update of 3/24; Resilient Community Advisory Commission of 4/7; Zoning Advisory Commission of 4/6; Zoning Board of Adjustment of 3/24; Proof of publication for City Council proceedings of 3/21, 3/22, 3/23, and 3/24. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: Wayne Bonnett for property damage; Richard Watson for vehicle damage. Upon motion the documents were received, filed, and referred to the City Attorney. 3. Disposition of Claims: City Attorney advised that the following claims have been referred 3 to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Wayne Bonnett for property damage; Dubuque Orthodontic Associates for property damage; Lynn Lampe for vehicle damage; Richard Watson for vehicle damage. Upon motion the documents were received, filed, and concurred. 4. Approval of City Expenditures: Upon motion the documents were received and filed, and Resolution No. 125-22 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. 125-22 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 p aid; 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 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 Resolution 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 18th day of April, 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 5. Authorized Depository Institutions: Upon motion the documents were received and filed, and Resolution No. 126-22 Naming depositories was adopted. RESOLUTION NO. 126-22 RESOLUTION NAMING DEPOSITORIES Whereas, Chapter 12C.2 of the Code of Iowa states that the approval of a financial institution as a depository shall be by written resolution or order which shall be entered of record in the minutes of the approving board, and which shall distinctly name each depository approved, and specify the maximum amount which may be kept on deposit in each depository; and 4 Whereas, this procedure is required if a financial institution changes its name or home office location, if the maximum amount is changed, or if a financial institution is added or deleted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the following financial institutions are approved to be depositories of the City of Dubuque, Iowa funds in conformance with all applicable provisions of the Iowa Code Chapter 12C.2. The City Treasurer is hereby authorized to deposit City of Dubuque, Iowa funds in amounts not to exceed the maximum approved for each respective financial institution as set out below. Depository Name, Location of Home Office, Maximum Balance MidWestOne Bank, Iowa City, Iowa, $60,000,000 Dubuque Bank & Trust Company, Dubuque, Iowa, $60,000,000 U.S. Bank, Minneapolis, Minnesota, $40,000,000 Fidelity Bank & Trust, Dyersville, Iowa, $40,000,000 Collins Community Credit Union, Cedar Rapids, Iowa, $35,000,000 Green State Credit Union, North Liberty, Iowa, $30,000,000 DuTrac Community Credit Union, Dubuque, Iowa, $30,000,000 Vibrant Credit Union, Moline, Iowa, $30,000,000 Dupaco Community Credit Union, Dubuque, Iowa, $20,000,000 Premier Bank, Dubuque, Iowa, $20,000,000 Hometown Bank, Fond du Lac, Wisconsin, $250,000 Passed, approved, and adopted this 18th day of April 2022 . Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 6. Renew DBQ – Contract with Dubuque County Energy District: Upon motion the documents were received, filed, and approved. 7. Growing Sustainable Communities Conference Grand River Center Contract: Upon motion the documents were received, filed, and approved. 8. Growing Sustainable Communities Conference Keynote Speaker Contract: Upon motion the documents were received, filed, and approved. 9. State of Iowa Volkswagen Clear Air Act Settlement Grant Application : Upon motion the documents were received, filed, and approved. 10. Intent to Apply for Iowa Department of Natural Resources Community Forestry Grant: Upon motion the documents were received and filed, and Resolution No. 127-22 Authorizing the City Manager to execute an application for the Community Forestry Grant and Authorizing the Park Division Manager and the City Manager to approve the application was adopted. RESOLUTION NO. 127-22 AUTHORIZING THE CITY MANAGER TO EXECUTE AN APPLICATION FOR THE COMMUNITY FORESTRY GRANT AND AUTHORIZING THE PARK DIVISION MANAGER AND THE CITY MANAGER TO APPROVE THE APPLICAT ION Whereas, the City of Dubuque has administered Community Forestry Grant since March 2022; and 5 Whereas, the City of Dubuque proposes to continue administering the Community Forestry Grant. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, THAT: Section 1. That the City Manager hereby is authorized and directed to submit an application for the Community Forestry Grant on behalf of the City of Dubuque. Section 2. That the Park Division Manager and the City Manager are hereby au thorized to approve the application that is submitted to Emma Hanigan. Section 3. That the City Manager is hereby authorized and directed to forward said application and resulting standard executed contract to the respective agencies in a timely fashion an d as required by the Iowa DNR. Passed, approved, and adopted this 18th day of April 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 11. Water Department Operations SCADA System Upgrade Project 2022: Award of Professional Engineering Contract: Upon motion the documents were received, filed, and approved. 12. Signed Contract(s): Origin Design Co. for the Master Services Agreement for the Dubuque Industrial Center Crossroads. Upon motion the documents were received and filed. 13. Updated Water Meter Wireless Network Equipment License Agreements: Upon motion the documents were received, filed, and approved. 14. Temporary Agreement Between the City of Dubuque and ITC Midwest, LLC to Operate an Electric Transmission System in the City of Dubuque: Upon motion the documents were received and filed, and Resolution No. 128-22 Approving an Agreement between the City of Dubuque and ITC Midwest, LLC to operate an electric transmission system in the City of Dubuque was adopted. RESOLUTION NO. 128-22 APPROVING AN AGREEMENT BETWEEN THE CITY OF DUBUQUE AND ITC MIDWEST, LLC TO OPERATE AN ELECTRIC TRANSMISSION SYSTEM IN THE CITY OF DUBUQUE Whereas, the City of Dubuque, Iowa (City) and ITC Midwest, LLC (ITC Midwest) have tentatively entered into an Agreement for the operation of an electric transmission system in the City of Dubuque until such time as City and ITC Midwest finalize a franchise agreement to operate the system; and Whereas, the City Council finds that it is in the best interests of the City of Dubuque to approve the Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The attached Agreement is hereby approved. Section 2. The City Manager is authorized and directed to sign the Agreement on behalf of the City of Dubuque. Passed, approved and adopted this 18th day of April, 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 15. Dubuque County - City of Dubuque Intergovernmental 28E Agreement: Northwest Arterial 6 - State of Good Repair Project: Upon motion the documents were received and filed, and Resolution No. 129-22 Approving an Intergovernmental 28E Agreement between the City of Dubuque and Dubuque County for the Build Grant “Improving the Northwest Arterial / John Deere Road Corridor for Freight Mobility” Project was adopted. RESOLUTION NO. 129-22 APPROVING AN INTERGOVERNMENTAL 28E AGREEMENT BETWEEN THE CITY OF DUBUQUE AND DUBUQUE COUNTY FOR THE BUILD GRANT “IMPROVING THE NORTHWEST ARTERIAL / JOHN DEERE ROAD CORRIDOR FOR FREIGHT MOBILITY” PROJECT Whereas, Dubuque County was awarded a Federal BUILD Grant for “Improving the Northwest Arterial/John Deere Road Corridor for Freight Mobility” and making capacity and safety improvements to John Deere Road; and Whereas, the Northwest Arterial - State of Good Repair Project was added to the BUILD Grant project because it is a critical freight route that connects to South John Deere Road; and Whereas, the Northwest Arterial - State of Good Repair Project will also provide the non- federal local match to the Dubuque County BUILD Grant; and Whereas, the FHWA is requiring that both the Dubuque County John Deere Road Project and the City’s Northwest Arterial Project be “tied” and packaged together through the Iowa DOT’s Office of Contracts bid letting process; and Whereas, Dubuque County will be the Contracting Authority and the lead agency for entering into a public improvement contract for the construction of the John Deere Road Project and the City’s Northwest Arterial Project; and Whereas, the City and County desire to enter into an Intergovernmental 28E Agreement to outline the roles and responsibilities for contracting and administering both the Dubuque County John Deere Road Project and the City’s Northwest Arterial Project, a copy of which 28E Agreement is attached hereto; and Whereas, the County will be responsible for all aspects of construction administration and inspection for the John Deere Road Project; and Whereas, the City will be responsible for all aspects of construction administration and inspection for the Northwest Arterial - State of Good Repair Project; and Whereas, the City will issue progress payment(s) directly to the contractor and then request reimbursement from the Iowa DOT; and Whereas, the City Council finds that it is the best interests of the City of Dubuque to approve the Intergovernmental 28E Agreement. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, THAT: SECTION 1. The Intergovernmental 28E Agreement between Dubuque County and the City of Dubuque for the BUILD Grant “Improving the Northwest Arterial/John Deere Road Corridor for Freight Mobility” Project is hereby approved. SECTION 2. The Mayor is authorized and directed to execute the Intergovernmental 28E Agreement on behalf of the City of Dubuque. Passed, approved, and adopted this 18th day of April 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 16. Plat of Survey of Jaeger & Jaeger Place: Upon motion the documents were received and filed, and Resolution No. 130-22 Approving the Simple Subdivision Plat: Jaeger & Jaeger Place, Dubuque, Iowa was adopted. 7 RESOLUTION NO. 130-22 APPROVING THE SIMPLE SUBDIVISION PLAT: JAEGER & JAEGER PLACE, DUBUQUE, IOWA Whereas, there has been filed with the City Clerk a Simple Subdivision Plat Jaeger & Jaeger Place, Dubuque, Iowa; and Whereas, said Simple Subdivision Plat has been examined by the Zoning Advisory Commission and its approval has been endorsed thereon; and Whereas, said Simple Subdivision Plat has been examined by the City Council and they find that it conforms to the statues and ordinances relating thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Section 5-7 of Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, Bulk regulations is waived for lot area, lot coverage and rear yard setback for multi-family development in the OR-Office Residential zoning district. Section 2. That the Simple Subdivision Plat Jaeger & Jaeger Place, Dubuque, Iowa is hereby approved, and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said Plat of Survey. Passed, approved and adopted this 18th day of April, 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 17. Plat of Survey of Jackson Park Townhouse: Upon motion the documents were received and filed, and Resolution No. 131-22 Approving the Minor Subdivision Plat: Jackson Park Townhouse, Dubuque, Iowa was adopted. RESOLUTION NO. 131-22 APPROVING THE MINOR SUBDIVISION PLAT : JACKSON PARK TOWNHOUSE, DUBUQUE, IOWA Whereas, there has been filed with the City Clerk a Minor Subdivision Plat Jackson Park Townhouse, Dubuque, Iowa; and Whereas, said Minor Subdivision Plat has been examined by the Zoning Advisory Commission and its approval has been endorsed thereon; and Whereas, said Minor Subdivision Plat has been examined by the City Council and they find that it conforms to the statues and ordinances relating thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Section 5-6 of Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, is waived to allow less than the minimum lot frontage for a townhouse in the R-4 Multi-Family Residential zoning district. Section 2. That the Minor Subdivision Plat Jackson Park Townhouse, Dubuque, Iowa is hereby approved, and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said Plat of Survey. Passed, approved, and adopted this 18th day of April, 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 18. Submission of Annual Public Housing Agency (PHA) Plan: Upon motion the documents were received and filed, and Resolution No. 132-22 Authorizing the Mayor to execute the certification by State or Local Office of Public Housing Agency (PHA) Plan’s Consistency with the Consolidated Plan and approval of the PHA Annual Plan was adopted. 8 RESOLUTION NO. 132-22 AUTHORIZING THE MAYOR TO EXECUTE THE CERTIFICATION BY STATE OR LOCAL OFFICE OF PUBLIC HOUSING AGENCY (PHA) PLAN’S CONSISTENCY WITH THE CONSOLIDATED PLAN AND APPROVAL OF THE PHA ANNUAL PLAN Whereas, the U.S. Department of Housing and Urban Development requires submission of the Public Housing Agency (PHA) Plan on an annual basis; and Whereas, the U.S. Department of Housing and Urban Development requires Certification of the PHA Plan’s Consistency with the Consolidated Plan. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE IOWA: Section 1: That the Mayor is hereby authorized and directed to certify the PHA Plan’s Consistency with the Consolidated Plan. Section 2: That the Director of Housing and Community Development is hereby authorized to submit the PHA Plan and the Certification as required by the U.S. Department of Housing and Urban Development. Passed, approved and adopted this 18th day of April, 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 19. City support for Gronen’s application to Iowa Finance Authority for Low-Income Housing Tax Credits: Upon motion the documents were received and filed, and Resolution No. 133-22 Supporting Gronen application for Low-Income Housing Tax Credit for Dubuque Area Revitalization Area Housing Development was adopted. RESOLUTION NO. 133-22 SUPPORTING GRONEN APPLICATION FOR LOW-INCOME HOUSING TAX CREDIT FOR DUBUQUE AREA REVITALIZATION AREA HOUSING DEVELOPMENT Whereas, the Developer Gronen requested City support for the Tax Credit application to the State of Iowa to rehabilitate and stabilize a 33 unit mixed -income at 125 W 9th Street, and; Whereas, the Low-Income Housing Tax Credit Application by Gronen to the State of Iowa is consistent with the development and rehabilitation of affordable, housing described in the Dubuque Area Revitalization Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council supports the rehabilitation of mixed income housing, with affordable housing, located at 125 W 9th Street. Section 2. The proposed rehabilitation for 125 W 9 th Street is located within the Dubuque Urban Revitalization Area and eligible for a 10-year 100% tax abatement from the value added by the improvements. Section 3. The City Manager or his designee, may execute an agreement for the use of Urban Revitalization Tax Credits and exhibits required to show City Support for the project for an application to the Iowa Finance Authority for Low-income Housing Tax Credits. Passed, approved, and adopted this 18th day of April, 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 20. 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. 134-22 Approving a Development Agreement by and between the City of Dubuque, Iowa and 9 Landover Corporation providing for the issuance of Urban Revitalization Area Desi gnation for the Development of 2000 Radford Road was adopted. RESOLUTION NO. 134-22 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 necessary to comply with the terms of the Development Agreement as herein approved. Passed, approved, and adopted this 18th day of April, 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 21. Abstract of Votes for the 2022 Ward Four Special Election : Upon motion the documents were received and filed. 22. Liquor License Renewals: Upon motion the documents were received an d filed, and Resolution No. 135-22 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. 135-22 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 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: Renewals 10 Catfish Charlie's, 1630 East 16th St. Liquor, Tobacco & Grocery, 1998 Jackson St. Marco's Italian American Food, 2022 Central Ave Paro Food Mart, 3200 Central Ave. Shenanigans, 3203 Jackson St. Stone Cliff Winery, Inc., 600 Star Brewery Dr. Suite 100 Special Event(s) per Special Event Application Submittal Carlos O’Kelly’s – 5/5/22, 1355 Associates Dr. Clark University – 4/30/22, 1550 Clarke Dr. Rusty Toco – 5/5/22, 3333 Asbury Rd. Suite A Passed, approved, and adopted this 18th day of April 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. Bee Branch Stormwater Pumping Station Project (Phase V of the Bee Branch Watershed Flood Mitigation Project): Upon motion the documents were received and filed and Resolution No. 136-22 Preliminary approval of plans, specification s, 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 for the Bee Branch Stormwater Pumping Station Project was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on May 2, 2022 in the Historic Federal Building. RESOLUTION NO. 136-22 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 FOR THE BEE BRANCH STORMWATER PUMPING STATION PROJECT 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 Bee Branch Stormwater Pumping Station Project in the estimated amount $15,790,000.00, 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 2nd day of May, 2022, at 6:30 p.m. in the Historic Federal Building Council Chambers, 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 p roposed plans, specifications, form of contract, or estimated cost of the Project. Section 3. The Bee Branch Stormwater Pumping Station 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 11 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 th e Notice to Bidders to be published in a newspaper having general circulation in the City of Dubuque, Iowa, on the City of Dubuque website and a contractor plan room service with statewide circulation, 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 19th day of May 2022. 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 6 th day of June 2022, in the Historic Federal Building Council Chambers, 350 West 6 th Street, Dubuque, Iowa. Passed, approved, and adopted this 18th day of April 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 2. Mystique Ice Center Ice Rink Concrete Subfloor Project: Initiate Public Improvement Bidding Process: Upon motion the documents were received and filed and Resolution No. 137- 22 Mystique Ice Center Ice Rink Concrete Subfloor 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 was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on May 2, 2022 in the Historic Federal Building. RESOLUTION NO. 137-22 MYSTIQUE ICE CENTER: ICE RINK CONCRETE SUBFLOOR 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 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 Mystique Ice Center Rink Concrete Subfloor Project, in the estimated amount $225,000, 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 2nd day of May 2022, at 6:30 p.m. in the Historic Federal Building Council Chambers, 350 West 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 contract, or estimated cost of the Project. Passed, approved, and adopted this 18th day of April 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 3. Proceedings to Set 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): Upon motion the documents were received and filed and Resolution No. 138-22 Fixing date for a meeting on the authorization of a Loan and Disbursement Agreement and the issuance of not to exceed $1,950,000 Sewer Revenue Capital Loan Notes of the City of Dubuque, State of Iowa, 12 and providing for publication of notice thereof was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on May 2, 2022, in the Historic Federal Building. RESOLUTION NO. 138-22 FIXING DATE FOR A MEETING ON THE AUTHORIZATION OF A LOAN AND DISBURSEMENT AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $1,950,000 SEWER REVENUE CAPITAL LOAN NOTES OF THE CITY OF DUBUQUE, STATE OF IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF Whereas, it is deemed necessary and advisable that the City of Dubuque, State of Iowa, should provide for the authorization of a Loan and Disbursement Agreement and the issuance of Sewer Revenue Capital Loan Notes, to the amount of not to exceed $1,950,000, as authorized by Sections 384.24A and 384.83, of the Code of Iowa, for the purp ose of providing funds to pay costs of carrying out project(s) as hereinafter described; and Whereas, the City has applied for a loan through the Iowa Water Quality Financing Program pursuant to which the Iowa Finance Authority has agreed to purchase the C ity’s Notes and has requested that such Notes be issued as a single Note in a denomination equal to the total amount of the issue as authorized by Chapter 384 of the Code of Iowa; and Whereas, the Loan and Disbursement Agreement and Notes shall be payable solely and only out of the Net Revenues of the Municipal Sewer Utility and shall be a first lien on the future Net Revenues of the Utility; and shall not be general obligations of the City or payable in any manner by taxation and the City shall be in no manner liable by reason of the failure of the Net Revenues to be sufficient for the payment of the Loan and Disbursement Agreement and Notes; and Whereas, before the Loan and Disbursement Agreement and Notes may be issued, it is necessary to comply with the provisions of the Code, and to publish a notice of the proposal to issue such notes and of the time and place of the meeting at which the Council proposes to take action for the authorization of the Loan and Disbursement Agreement and Notes and to receive oral and/or written objections from any resident or property owner of the City to such action. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, STATE OF IOWA: Section 1. That this Council meet in the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, at 6:30 P.M., on the 2nd day of May, 2022, for the purpose of taking action on the matter of the authorization of a Loan and Disbursement Agreement and the issuance of not to exceed $1,950,000 Sewer Revenue Capital Loan Not es, the proceeds of which notes will be used to provide funds to pay the costs of the acquisition, construction, reconstruction, extending, remodeling, improving, repairing and equipping all or part of the Municipal Sewer Utility, including those costs associated with force main stabilization improvements. Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a notice of the meeting, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in the City. The publication to be not less than four clear days nor more than twenty days before the date of the public meeting on the issuance of the Notes. Section 3. The notice of the proposed action to issue notes shall be in substantially the [provided] form. Passed and approved this 18th day of April, 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 4. Fiscal Year 2022 Second Budget Amendment: Upon motion the documents were received and filed and Resolution No. 139-22 Setting the date for the public hearing on Amendment No. 2 to the Fiscal Year 2022 Budget for the City of Dubuque was adopted setting a public hearing 13 for a meeting to commence at 6:30 p.m. on May 2, 2022, in the Historic Federal Building. RESOLUTION NO. 139-22 SETTING THE DATE FOR THE PUBLIC HEARING ON AMENDMENT NO. 2 TO THE FISCAL YEAR 2022 BUDGET FOR THE CITY OF DUBUQUE Whereas, Iowa Code Section 384.18 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 384.16. 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 Amendment No. 2 to the Fiscal Year 2022 budget for the City of Dubuque at the City Council Chambers at the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, on Monday, May 2, 2022, 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 information. Passed, approved, and adopted this 18th day of April 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, 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. 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 Appointments were made to the following boards/commissions. Housing Appeals and Mediation Board: One, 3-Year term through January 1, 2024 (Vacant term of Lenhart). Applicants: George Cooley, 2255 Francis St. (Additional Applicant); Marrichelle Glover, 1635 Catherine St.; Jeff Lenhart, 1085 Main St. (Additional Applicant); Carroll Schuety, 2435 Roosevelt St. Upon roll call vote, Mr. Lenhart was appointed to the three-year term through January 1, 2024. Ms. Schuety received 1 vote (Sprank), Ms. Glover received 2 votes (Farber and Resnick) and Mr. Lenhart received the remaining 4 votes. ii. Housing Commission: One, 3-Year term through August 17, 2022 (Vacant term of Lenhart) and one, 3-Year term through August 17, 2023 (Vacant term of Craddieth). Applicants: Cathy Dickens, 431 Alpine St. (Additional Applicant) and Yindra Dixon, 251 Hidden Oaks Ct. Motion by Roussell to appoint Ms. Dickens to the three-year term through August 17, 2022. Seconded by Jones. Motion carried 7-0. Motion by Jones to appoint Ms. Dixon to the three-year term through August 17, 2023. Seconded by Resnick. Motion carried 7-0. PUBLIC HEARINGS 1. Amendment of the Planned Unit Development (PUD) for building height and sign 14 regulations: 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 pr ior to the meeting at which it is to be passed be suspended. Seconded by Sprank. Planning Services Manager Wally Wernimont provided a staff report. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 15-22 Amending Title 16, the Unified Development Code of the City of Dubuque Code of Ordinances by rescinding Ordinance 25-18 which established regulations for a PUD Planned Unit Development District with a PC Planned Commercial Designation and adopting an amended PUD ordinance to allow for the redevelopment of the zoning district. Seconded by Sprank. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 15-22 AMENDING TITLE 16, THE UNIFIED DEVELOPMENT CODE OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RESCINDING ORDINANCE 25-18 WHICH ESTABLISHED REGULATIONS FOR A PUD PLANNED UNIT DEVELOPMENT DISTRICT WITH A PC PLANNED COMMERCIAL DESIGNATION AND ADOPTING AN AMENDED PUD ORDINANCE TO ALLOW FOR THE REDEVELOPMENT OF THE ZONING DISTRICT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16, the Unified Development Code of the City of Dubuque Code of Ordinances is hereby amended by rescinding Ordinance 25 -18, which established regulations for the Shopko Planned Unit Deve lopment District with a Planned Commercial District designation, and now being amended to allow for the redevelopment of the zoning district, to wit: Lot 1 Yiannias Place No. 6, Lot 1 Yiannias Place No. 7, and a portion of Lot 2 Yiannias Place No. 7 as shown in the attached Exhibit 1, all in the City of Dubuque, Iowa. Section 2. PUD Development Regulations A. Use Regulations The following regulations shall apply to all uses made of land in the above -described Planned Unit Development. Principal permitted uses: The following uses are permitted in the this Planned Unit Development: 1. All principal permitted, accessory, conditional, and temporary uses allowed in the C-3 General Commercial District as established in Section 16- 5-13 of the Unified Development Code B. Lot and Bulk Regulations The following bulk regulations shall apply in this Unit Planned Unit Development subject to the provisions of the Unified Development Code. 1. All buildings and structures located within the Planned Unit Development shall be developed in compliance with the bulk regulations of the C-3 General Commercial district as established in Section 16-5-13 of the Unified Development Code, shall apply unless further regulated by this section. 2. All principal buildings shall be limited to a maximum height of 50 feet. C. Sign Regulations The following Signage Regulations shall apply for all development within this Planned Unit Development and as specifically identified for zones as shown in the attached Signage Overlay Map. 1. Zone A a. The provisions of the City of Dubuque Unified Development Code Section 15 16-15 Signs shall apply generally and the bulk standards for signage in a C -3 General Commercial District (15-11.8) shall apply unless further regulated by this section. b. Freestanding signage for a shopping center shall be a maximum of 350 square feet in area and a maximum of 40 feet in height. 2. Zone B a. The provisions of the City of Dubuque Unified Development Code Section 16-15 Signs shall apply generally and the bulk standards for signage in a C -3 General Commercial District (15-11.8) shall apply unless further regulated by this section. b. Wall-mounted signs for the principal building shall be a maximum of 500 aggregate square feet or less, with no single sign being larger than 250 square feet. 3. Off-Premise signs: Off-premise signs shall be prohibited for all development within the Collins Community Credit Union PUD. 4. Variances: For all signage requirements outline herein, variances from the sign requirements for size, number, and height may be requested. Such variances shall be reviewed by the Zoning Board of Adjustment in accordance with Article 8-6 of the Unified Development Code. D. Parking Regulations Parking requirements for all businesses located within this Planned Unit Development shall comply with the provisions of Section 16-14 Parking of the Unified Development Code. E. Site Lighting Exterior illumination of site features and the location and design of site lighting shall be in accordance with Section 16-13 Site Design Standards of the Unified Development Code. F. Exterior Trash Collection Areas Exterior Trash Collection Areas shall be constructed in accordance with Section 16 - 13 Site Design Standards of the Unified Development Code. G. Landscaping Regulations Landscaping requirements for all development within this Planned Unit Development shall be in accordance with Section 16 -13 Site Design Standards of the Unified Development Code. H. Performance Standards The development and maintenance of uses in this Planned Unit Development shall be established in conformance with the following standards. 1. Platting: Subdivision plats shall be submitted in accordance with Section 16- 11 Land Subdivision of the City of Dubuque Unified Development Code. 2. Site Plans: Final site development plans shall be submitted in accordance with Section 16-12 Site Plans and Section 16 -13 Site Design Standards of the City of Dubuque Unified Development Code prior to construction of each building and vehicle-related feature unless otherwise exempted by Article 12. 3. Storm Water Conveyance: The developer of each lot shall be responsible for providing surface or subsurface conveyance(s) of storm water from the lot to existing storm sewers or to the flow line of open drainage ways outside the lot in a means that is satisfactory to the Engineering Department of the City of Dubuque. Other applicable regulations enforced by the City of Dubuque relative to storm water management and drainage shall apply to properties in the Planned Unit Development. 16 I. Other Codes and Regulations 1. Service Lines. All electric, telephone, cable, or other similar utility lines serving the building and other site features shall be located underground, where feasible. 2. These regulations do not relieve the owner from other applicable city, county, state or federal codes, regulations, laws, and other controls relative to the planning, construction, operation and management of property within the city of Dubuque. J. Ordinance History 1. Ord. 61-89: Establishment of a Planned Unit Development for a department store 2. Ord. 14-99: Amendment of the Planned Unit Development to allow freestanding signage 3. Ord. 25-18: Amendment of the Planned Unit Development (Shopko) to allow for development of an out-lot building K. Transfer of Ownership Transfer of ownership or lease of property in the PUD shall include in the transfer or lease agreement a provision that the purchaser or lessee acknowledges awareness of the conditions authorizing the establishment of the District PUD. L. Modifications Any modifications to this Ordinance must be approved by the City Council in accordance with the Zoning Reclassification proceedings of Section 16 -9 of the Unified Development Code. M. Recording A copy of this PUD Ordinance shall be recorded, at the expense of the property owner, with the Dubuque County Recorder as a permanent record of the conditions accepted as part of this reclassification approval. This ordinance shall be binding upon the undersigned and his/her heirs, successors and assigns. Section 3. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 4. The foregoing amendment shall take effect upon publica tion, as provided by law. Passed, approved and adopted this 18th day of April, 2022. /s/Brad M. Cavanagh, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 22nd day of April, 2022. /s/Adrienne N. Breitfelder, City Clerk 2. Amend the Unified Development Code Section 16-15-13 Signs in Historic Districts to allow signs in residential zones: Motion by Roussell 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 Jones. Planning Services Manager Wally Wernimont provided a staff report. Motion carried 7-0. Motion by Roussell for final consideration and passage of Ordinance No. 16-22 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by amending Chapter 16-15-13, Signs in Historic Districts, to add Residential Zones (R-1, R-2, R-2A, R-3 And R-4) to the list of zones in historic districts allowed to have signs. Seconded by Jones. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 16-22 17 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY AMENDING CHAPTER 16-15-13, SIGNS IN HISTORIC DISTRICTS, TO ADD RESIDENTIAL ZONES (R-1, R-2, R-2A, R-3 AND R-4) TO THE LIST OF ZONES IN HISTORIC DISTRICTS ALLOWED TO HAVE SIGNS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, Chapter 16-15-13, Signs in Historic Districts, is hereby amended by adding residential zones as follows: Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. The foregoing amendment shall take effect upon publication, as provided by law. Passed, approved, and adopted this 18th day of April 2022. /s/Brad M. Cavanagh, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 22nd day of April, 2022. /s/Adrienne N. Breitfelder, City Clerk 3. Resolution Approving a Development Agreement by and among the City of Dubuque, Iowa, Scherr Real Estate, L.L.C., and Dubuque Screw Products, Inc. for the Issuance of Urban Renewal Tax Increment Revenue Grant Obligations Pursuant to the Development Agreement: Motion by Resnick to receive and file the documents and adopt Resolution No. 140-22 Approving a Development Agreement by and among the City of Dubuque, Scherr Real Estate, L.L.C., and Dubuque Screw Products, Inc. Including the issuance of urban tax increment revenue obligations to Dubuque Screw Products, Inc. Seconded by Farber. Motion carried 7-0. RESOLUTION NO. 140-22 APPROVING A DEVELOPMENT AGREEMENT BY AND AMONG THE CITY OF DUBUQUE, SCHERR REAL ESTATE, L.L.C., AND DUBUQUE SCREW PRODUCTS, INC. INCLUDING THE ISSUANCE OF URBAN TAX INCREMENT REVENUE OBLIGATIONS TO DUBUQUE SCREW PRODUCTS, INC. Whereas, Scherr Real Estate, L.L.C. is the owner of the property legally described as follows: Lot One (1) of Lot (5) of Dubuque Industrial Center West 5th Addition in the City of Dubuque, Iowa, according to the recorded plat thereof, subject to easements of record, locally known as 6500 Chavenelle Drive Dubuque, Iowa (the Property); and Whereas, the City Council, by Resolution No. 110-22, dated April 4, 2022, declared its intent to enter into a Development Agreement by and among the City of Dubuque, Scherr Real Estate, L.L.C., and Dubuque Screw Products, Inc., including the issuance of Urban Renewal Tax Increment Revenue Obligations to Dubuque Screw Products, Inc.; and Whereas, pursuant to published notice, a public hearing was held on the proposed Development Agreement on April 18, 2022 at 6:30 p.m.in the Historic Federal Building, 350 W 6th St.; and On-Permise Permitted Signs in Projection Over Mechanical Historic Districts Right-of-Way Motion Freestanding 0 6 feet Projecting 60 inches Wall Wall Nameplate Permitted Sign Structures *Signs in Residential zones allowed for (1) Education or Religious Institutions or (2) Real Estate Development or Subdivision Identification R-1, R-2, R-2A, R-3 & R-4* 8 per sign 6 per sign 1 1 External Only: No Flashing None Area (sf)Number Height Permitted Lighting Type Maximum 0 Below eave or parapet 18 Whereas, it is the determination of the City Council that approval of the Development Agreement for redevelopment of the Property by Scherr Real Estate, L.L.C., 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 among the City of Dubuque, Scherr Real Estate, L.L.C., and Dubuque Screw Products, Inc., a copy of which is attached hereto, including the issuance of Urban Renewal Tax Increment Revenue Obligations, 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 necessary to comply with the terms of the Development Agreement as herein approved. Passed, approved and adopted this 18th day of April, 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 4. Hold Public Hearing for Radford Road Amended Urban Revitalization Area Plan : At the announcement of this public hearing, City Manager Van Milligen modified his recommendation to receive and file the information and hold the public hearing . Mr. Van Milligen stated that the adoption of the resolution could not occur until the developer hosts a community meeting. Motion by Jones to receive and file the documents and hold the public hearing. Seconded by Roussell. Responding to a question from the City Council, Housing and Community Development Director Alexis Steger stated that the City Council approved the Development Agreement with the developer during tonight’s consent agenda, and that the resolution approving the adoption of the amended urban revitalization plan can be approved at upcoming regular session city council meeting. Ms. Steger also confirmed that the developer would still be required to host a community meeting as part of the process. Motion carried 7-0. 5. Stoneman Road Reconstruction Project: Motion by Roussell to receive and file the documents and adopt Resolution No. 142-22 Approval of plans, specifications, form of contract, and estimated cost for the Stoneman Road Reconstruction Project; Resolution No. 143-22 Approving the plat, schedule of assessments and estimate of total cost for the Stoneman Road Reconstruction Project; and Resolution No. 144-22 With respect to the adoption of the resolution of necessity proposed for the Stoneman Road Reconstruction Project . Seconded by Farber. Motion carried 7-0. RESOLUTION NO. 142-22 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE STONEMAN ROAD RECONSTRUCTION PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the proposed plans, specifications, form of contract and estimated cost for the Stoneman Road Reconstruction Project, in the estimated amount $1,126,387.20, are hereby approved. Passed, adopted, and approved this this 18th day of April 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 19 RESOLUTION NO. 143-22 APPROVING THE PLAT, SCHEDULE OF ASSESSMENTS AND ESTIMATE OF TOTAL COST FOR THE STONEMAN ROAD RECONSTRUCTION PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the attached plat, schedule of assessments, and estimate of total cost for the Stoneman Road Reconstruction Project are hereby approved. Passed, approved, and adopted this 18th day of April 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk RESOLUTION NO. 144-22 WITH RESPECT TO THE ADOPTION OF THE RESOLUTION OF NECESSITY PROPOSED FOR THE STONEMAN ROAD RECONSTRUCTION PROJECT Whereas, the City Council has proposed a Resolution of Necessity for the Stoneman Reconstruction Project and has given notice of the public hearing thereon as required by law; and Whereas, the public hearing has been held, all persons offering objections have been heard and consideration given to all objections and is pending before this Council; and Whereas, this is the time and place set as provided for the taking of action on the proposed Resolution of Necessity. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the proposed Resolution of Necessity described above is hereby: X Adopted, without amendment, and all objections filed or made having been duly considered are overruled. Adopted as amended by the Preliminary Schedule of Assessments attached hereto as Exhibit A and made a part hereof by reference. All objections filed or made having been duly considered are overruled. Deferred for later consideration to a City Council meeting to be held on the 2 nd day of May 2022, at 6:30 p.m. in the Historic Federal Building Council Chambers (and/or by virtual means), 350 West 6th Street, with jurisdiction retained for further consideration and action at the adjourned meeting. Abandoned. Passed, adopted, and approved this 18th day of April 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 6. 2022 Pavement Marking Project: Motion by Resnick to receive and file the documents and adopt Resolution No. 145-22 Approval of plans, specifications, form of contract, and estimated cost for the 2022 Pavement Marking Project. Seconded by Sprank. Responding to a question from the City Council, City Engineer Gus Psihoyos stated that the department reviews the results of previous bid tabulations to establish project cost estimates. Motion carried 7-0. RESOLUTION NO. 145-22 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE 2022 PAVEMENT MARKING PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 20 Section 1. That the proposed plans, specifications, form of contract and estimated cost for 2022 Pavement Marking Project, in the estimated amount $184,200.00, are hereby approved. Passed, adopted, and approved this 18th day of April 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 7. Mystique Community Ice Center Settlement Remediation Project Public Hearing : Motion by Sprank to receive and file the documents and adopt Resolution No. 146-22 Approval of plans, specifications, form of contract, and estimated cost for the Mystique Ice Center Settlement Remediation Project. Seconded by Jones. Robin Kennicker, 2929 Elm St., spoke in support of the project and expressed concern that the original construction of the ice cen ter was not foundationally sound. City Council Members spoke in support of the project and referenced the engineering department’s previous statements that the project would resolve the foundation issues. Responding to a question from the City Council, Assistant City Engineer Bob Schiesl stated that specialized geo-technical contractors reviewed the facility to determine a cost estimate for the project. Motion carried 7-0. RESOLUTION NO. 146-22 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE MYSTIQUE ICE CENTER SETTLEMENT REMEDIATION PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the proposed plans, specifications, form of contract and estimated cost for the Mystique Ice Center Settlement Remediation Project, in the estimated cost range amount of $2,000,000 to $3,500,000, are hereby approved. Passed, adopted, and approved this this 18th day of April 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 8. Mystique Community Ice Center Rink Ice System Removal and Replacement Project Public Hearing: Motion by Resnick to receive and file the documents and adopt Resolution No. 147-22 Approval of plans, specifications, form of contract, and estimated cost for the Mystique Ice Center Rink Ice System Removal and Replacement Project. Seconded by Roussell. Responding to a question from the City Council, Assistant City Engineer Bob Schiesl summarized the process for the project and stated that no additional ice system replacements should be required. Motion carried 7-0. RESOLUTION NO. 147-22 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE MYSTIQUE ICE CENTER RINK ICE SYSTEM REMOVAL AND REPLACEMENT PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the proposed plans, specifications, form of contract and estimated cost for the Mystique Ice Center Rink Ice System Removal and Replacement Project, in the estimated amount $650,000.00, are hereby approved. Passed, adopted, and approved this this 18th day of April 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 21 9. Northwest Arterial - State of Good Repair Project: US Highway 20 to John F. Kennedy Road: Motion by Resnick to receive and file the documents and adopt Resolution No. 148-22 Approval of plans, specifications, form of contract, and estimated cost for the Northwest Ar terial – State of Good Repair Project from US20 to John F. Kennedy Road (Iowa DOT Project No. STBG-SWAP-2100 (702)—SG-31). Seconded by Jones. Responding to questions from the City Council, Assistant City Engineer Bob Schiesl stated that reconstruction of Pennsylvania Ave. will occur first, followed by Asbury Rd., and that disruptions will try to be minimized. City Manager Van Milligen stated the city was able to obtain funding from the Federal Better Utilizing Investments to Leverage Development (BUILD) Grant for this project. Motion carried 7-0. RESOLUTION NO. 148-22 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE NORTHWEST ARTERIAL – STATE OF GOOD REPAIR PROJECT FROM US20 TO JOHN F. KENNEDY ROAD (IOWA DOT PROJECT NO. STBG-SWAP-2100 (702)— SG-31) NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the proposed plans, specifications, form of contract and estimated cost for the Northwest Arterial - State of Good Repair Project from US 20 to John F. Kennedy Road (Iowa DOT Project No. STBG-SWAP-2100 (702)—SG-31), in the estimated amount $8,852,000, are hereby approved. Passed, adopted, and approved this this 18th day of April 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 10. Proceedings for the Public Hearing on the Issuance of Not to Exceed $1,990,000 General Obligation Bonds, $700,000 General Obligation Bonds, $700,000 General Obligation Bonds, $975,000 General Obligation Urban Renewal Bonds, and $5,800,000 G eneral Obligation Urban Renewal Bonds, Series 2022AB: Motion by Roussell to receive and file the documents and adopt Resolution No. 149-22 Instituting proceedings to take additional action for the issuance of not to exceed $1,990,000 General Obligation Bon ds; Resolution No. 150-22 Instituting proceedings to take additional action for the issuance of not to exceed $700,000 General Obligation Bonds [GCP-2]; Resolution No. 151-22 Instituting proceedings to take additional action for the issuance of not to exceed $700,000 General Obligation Bonds [GCP-3]; Resolution No. 152-22 Instituting proceedings to take additional action for the issuance of not to exceed $975,000 General Obligation Urban Renewal Bonds ; and Resolution No. 153-22 Instituting proceedings to take additional action for the issuance of not to exceed $5,800,000 General Obligation Urban Renewal Bonds. Seconded by Jones. Responding to a question from the City Council, City Manager Van Milligen stated that the city continues to follow the debt reduction plan that City Council adopted in Fiscal Year 2015, and stated that Action Item No. 7 references the debt reduction plan. Motion carried 7-0. RESOLUTION NO. 149-22 INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $1,990,000 GENERAL OBLIGATION BONDS Whereas, pursuant to notice published as required by law, the City Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of not to exceed $1,990,000 General Obligation Bonds, for the essential corporate purposes, in order to provide funds to pay the costs of the acquisition of ambulances and ambulance equipment and equipping the fire department, and has considered the extent of objections received from 22 residents or property owners as to the proposed issuance of Bonds; and 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: Section 1. That this Council does hereby institute proceedings and take additional action for the authorization and issuance in the manner required by law of not to exceed $1,990,000 General Obligation Bonds, for the foregoing essential corporate purposes. Section 2. 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 general fund moneys may be advanced from time to time for capital expenditures which are to be paid from the proceeds of the above Bonds. The amounts so advanced shall be reimbursed from the proceeds of the Bonds 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 amount authorized in this Resolution unless the same are for preliminary expenditures or unless another declaration of intention is adopted. Passed and approved this 18th day of April, 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk RESOLUTION NO. 150-22 INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $700,000 GENERAL OBLIGATION BONDS Whereas, pursuant to notice published as required by law, the City Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of not to exceed $700,000 General Obligation Bonds, for the general corporate purpo ses, in order to provide funds to pay the costs of the acquisition, installation, improving and equipping of city facilities and buildings, including at the Five Flags Arena and for technology equipment and software, and has considered the extent of object ions received from residents or property owners as to the proposed issuance of Bonds; and no petition was filed calling for a referendum thereon. 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: Section 1. That this Council does hereby institute proceedings and take additional action for the authorization and issuance in the manner required by law of not to exceed $700,000 General Obligation Bonds, for the foregoing general corporate purposes. Section 2. 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 general fund moneys may be advanced from time to time for capital expenditures which are to be paid from the proceeds of the above Bonds. The amounts so advanced shall be reimbursed from the procee ds of the Bonds 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 amount authorized in this Resolution unless the same are for preliminary expenditures or unless another declaration of intention is adopted. Passed and approved this 18th day of April, 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk RESOLUTION NO. 151-21 23 INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $700,000 GENERAL OBLIGATION BONDS Whereas, pursuant to notice published as required by law, the City Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of not to exceed $700,000 General Obligation Bonds, for the general corporate purposes, in order to provide funds to pay the costs of expanding, constructing, reconstructing and equipping the riverfront docking facility, and has considered the extent of objections received from residents or property owners as to the proposed issuance of Bonds; and no petition was filed calling for a referendum thereon. 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: Section 1. That this Council does hereby institute proceedings and take additional action for the authorization and issuance in the manner required by law of not to exceed $700,000 General Obligation Bonds, for the foregoing general corporate purposes. Section 2. 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 general fund moneys may be advanced from time to time for capital expenditures which are to be paid from the proceeds of the above Bonds. The amounts so advanced shall be reimbursed from the proceeds of the Bonds 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 amount authorized in this Resolution unless the same are for preliminary expenditures or unless another declaration of intention is adopted. Passed and approved this 18th day of April, 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk RESOLUTION NO. 152-22 INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $975,000 GENERAL OBLIGATION URBAN RENEWAL BONDS Whereas, pursuant to notice published as required by law, the City Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of not to exceed $975,000 General Obligation Urban Renewal Bonds, for the essential corporate urban renewal purposes, in order to provide funds to pay the 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, and has considered the extent of objections received from residents or property owners as to the proposed issuance of Bonds; and no petition was filed calling for a referendum thereon. 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: Section 1. That this Council does hereby institute proceedings and take a dditional action for the authorization and issuance in the manner required by law of not to exceed $975,000 General Obligation Urban Renewal Bonds, for the foregoing essential corporate urban renewal purposes. Section 2. 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 24 reasonably expected that the general fund moneys may be advanced from time to time for capital expenditures which are to be paid from the proceeds of the above Bonds. The amounts so advanced shall be reimbursed from the proceeds of the Bonds 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 amount authorized in this Resolution unless the same are for preliminary expenditures or unless another declaration of intention is adopted. Passed and approved this 18th day of April, 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk RESOLUTION NO. 153-22 INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $5,800,000 GENERAL OBLIGATION URBAN RENEWAL BONDS Whereas, pursuant to notice published as required by law, the City Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of not to exceed $5,800,000 General Obligation Urban Renewal Bonds, for the essential corpor ate urban renewal purposes, in order to provide funds to pay the 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 Indu strial Center Economic Development District such as those costs associated with the acquisition and development of industrial property, and has considered the extent of objections received from residents or property owners as to the proposed issuance of Bo nds; and no petition was filed calling for a referendum thereon. 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: Section 1. That this Council does hereby institute proceedings and take additional action for the authorization and issuance in the manner required by law of not to exceed $5,800,000 General Obligation Urban Renewal Bonds, for the foregoing essential corporate urban renewal purposes. Section 2. 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 general fund moneys may be advanced from time to time for capital expenditures which are to be paid from the proceeds of the above Bonds. The amounts so advanced shall be reimbursed from the proceeds of the Bonds 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 amount authorized in this Resolution unless the same are for preliminary expenditures or unless another declaration of intention is adopted. Passed and approved this 18th day of April, 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk PUBLIC INPUT Regarding Action Item No. 1, Tim Hitzler, 2655 Fulton St.; Keith Gutierrez, 2819 Meadowood Dr.; and Chris Johnson, 2792 Arbor Hills Dr.; all spoke in opposition to an expansion of the Five Flags Civic Center. City Clerk Breitfelder stated that Dubuque Main Street and Clark Scholz submitted written input on Action Item No. 1, and Kathy Gukeisen, 566 Saint George St., 25 submitted written input on Action Item No. 2. ACTION ITEMS 1. Updated Analysis of Capital and Operating Costs for an Expanded/Improved Five Flags Civic Center: Motion by Resnick to receive and file the documents and refer to the City Council for discussion. Seconded by Farber. Five Flags General Manager H.R. Cook provided input on the analysis, stating that the facility’s size is the most important factor. Mr. Cook stated that the Civic Center Advisory Commission is meeting on April 25th to discuss the analysis. City Council Members discussed resident input and their outlook for the center at length. City Council Members collectively expressed support for receiving an updated recommendation from the Civic Center Advisory Commission. City Manager Van Milligen confirmed that the Civic Center Advisory Commission’s recommendation could be included on the May 2, 2022, City Coun cil meeting if the commission submitted their recommendation to the City Clerk no later than the Wednesday before the meeting. City Council Members expressed support for reviewing the recommendation at the next meeting but stated that they are willing to wait until a future meeting if the commission needs additional time. Council Member Resnick amended the motion to receive and file the documents and refer to the Civic Center Advisory Commission. Seconded by Farber. Motion carried 7-0. 2. Aggressive Panhandling Ordinance and ACLU Communication: 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 Roussell. City Council Members expressed disappointment with how the American Civil Liberties Union (ACLU) approached the city regarding the proposed ordinance amendment. City Attorney Brumwell stated that the ordinance was recommend ed in 2009 and based on the limited availability of City Council documents from that timeframe it is challenging to confirm the impetus for proposing it. City Council Members stated that behaviors that were listed in the ordinance are still illegal per other parts of city code, and that Dubuque will remain a safe city. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 17-22 Amending City of Dubuque Code of Ordinances Title 7 Police, Fire and Public Safety, Chapter 5 Of fenses, Article A General Offenses. Seconded by Roussell. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 17-22 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 7 POLICE, FIRE AND PUBLIC SAFETY, CHAPTER 5 OFFENSES, ARTICLE A GENERAL OFFENSES NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Title 7, Chapter 5, Article A is amended by repealing Section 7 -5A-17 Aggressive Panhandling Prohibited. Section 2. This ordinance shall take effect upon publication. Passed, approved, and adopted this 18th day of April, 2022. /s/Brad M. Cavanagh, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 22nd day of April, 2022. /s/Adrienne N. Breitfelder, City Clerk 26 3. Section 9-11-321.372 School Buses Discharging Pupils: Motion by Roussell to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council m eetings prior to the meeting at which it is to be passed be suspended. Seconded by Jones. Motion carried 7-0. Motion by Roussell for final consideration and passage of Ordinance No. 18-22 Amending City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 11 School Buses, Section 9-11-321.372 School Buses Discharging Pupils. Seconded by Jones. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 18-22 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 9 MOTOR VEHICLES AND TRAFFIC, CHAPTER 11 SCHOOL BUSES, SECTION 9-11-321.372 SCHOOL BUSES DISCHARGING PUPILS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 9-11-321.372 of the City of Dubuque Code of Ordinances is amended to read as follows: 9-11-321.372: SCHOOL BUSES DISCHARGING PUPILS: A. Driver Responsibilities: The driver of a school bus used to transport children to and from a public or private school must, when stopping to receive or discharge pupils, turn on flashing warning lamps at a distance of not less than three hundred feet (300') nor more than five hundred feet (500') from the point where the pupils are to be received or discharged from the bus if the speed limit at that point is forty five (45) miles per hour or greater and must turn on flashing warning lamps at a distance of not less than one hundred fifty feet (150') from the point where the pupils are to be received or discharged from the bus if the speed limit at that point is less than forty five (45) miles per hour. At the point of receiving or discharging pupils, the driver of the bus must bring the bus to a stop, turn off the amber flashing warning lamps, turn on the red flashing warning lamps, and extend the stop arm. After receiving or discharging pupils, th e bus driver must turn off all flashing warning lamps, retract the stop arm and proceed on the route. Except to the extent that reduced visibility is caused by fog, snow, or other weather conditions, a school bus will not stop to receive or discharge pupils unless there is at least three hundred feet (300') of unobstructed vision in each direction. However, the driver of a school bus is not required to use flashing warning lamps and the stop arm when receiving or discharging pupils at a designated loading and unloading zone at a school attendance center or at extracurricular or educational activity locations where students exiting the bus do not have to cross the street or highway. If a school district contracts with an urban transit system to transport chil dren to and from a public or private school, the school bus which is provided by the urban transit system is not required to be equipped with flashing warning lights and a stop arm. If the school bus provided by an urban transit system is equipped with fla shing warning lights and a stop arm, the driver of the school bus must use the flashing warning lights and stop arm as required by law. A school bus, when operating on a highway with four (4) or more lanes, will not stop to load or unload pupils who must cross the highway, except at designated stops where pupils who must cross the highway may do so at points where there are official traffic control devices or police officers. A school bus must, while carrying passengers, have its headlights turned on. 27 B. Entrance/Exit For Pupils: All pupils will be received and discharged from the right front entrance of every school bus and if said pupils must cross the highway, they are required to pass in front of the bus, look in both directions, and proceed to cross t he highway only on signal from the bus driver. C. Driver Responsibilities: The driver of any vehicle, including the driver of a vehicle operating on a private road or driveway, when meeting a school bus with flashing amber warning lamps must reduce the vehicle's speed to not more than twenty (20) miles per hour and must bring the vehicle to a complete stop when the school bus stops and the stop signal arm is extended and the vehicle must remain stopped until the stop signal arm is retracted after which time the driver may proceed with due caution. The driver of a vehicle, including the driver of a vehicle operating on a private road or driveway, overtaking a school bus will not pass a school bus when red or amber warning signal lights are flashing and must bring the vehicle to a complete stop no closer than fifteen feet (15') from the school bus when it is stopped and the stop arm is extended and the vehicle must remain stopped until the stop arm is retracted and school bus resumes motion. D. Bus Traveling Two Lane Highway: The driver of a vehicle upon a highway providing two (2) or more lanes in each direction need not stop upon meeting a school bus which is traveling in the opposite direction even though the school bus is stopped. E. Penalties: 1. The driver of a school bus who commits a violation of subsection A or B of this section is guilty of a simple misdemeanor punishable as a scheduled violation under Iowa Code section 805.8A, subsection 10. 2. A person who commits a violation of subsection C of this section is subject to the following: (a) For a first offense, the person is guilty of a simple misdemeanor punishable by a fine of at least three hundred forty-five dollars but not more than nine hundred thirty dollars or by imprisonment for not more than thirty days, or by both. The department may require the person to attend and successfully complete, at the person’s own expense, a driver improvement program approved by the department in lieu of driver’s license suspension for the offense pursuant to section 321.210. (b) For a second or subsequent offense, the person shall be charged under Iowa Code section 321.372 as a serious misdemeanor. Section 2. This ordinance shall take effect upon publication. Passed, approved, and adopted this 18th day of April, 2022. /s/Brad M. Cavanagh, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 22nd day of April, 2022. /s/Adrienne N. Breitfelder, City Clerk 4. Sustainable Dubuque Community Grant Award Recommendation: Motion by Farber to receive and file the documents and adopt Resolution No. 154-22 Awarding Sustainable Dubuque Grant to the Alternative Learning Center; Resolution No. 155-22 Awarding Sustainable Dubuque Grant to Bike Coop; Resolution No. 156-22 Awarding Sustainable Dubuque Grant to Convivium Urban Farmstead; Resolution No. 157-22 Awarding Sustainable Dubuque Grant to Dubuque Trees Forever; Resolution No. 158-22 Awarding Sustainable Dubuque Grant to Four Mounds; Resolution No. 159-22 Awarding Sustainable Dubuque Grant to St. Marks Youth Enrichment; and Resolution No. 160-22 Awarding Sustainable Dubuque Grant to Tri-State Christian School. Seconded by Resnick. Council Member Roussell announced that she would abstain from voting due to being P resident of Dubuque Trees Forever. Motion carried 6-0 with abstention from Roussell. 28 RESOLUTION NO. 154-22 AWARDING SUSTAINABLE DUBUQUE GRANT TO THE ALTERNATIVE LEARNING CENTER 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) Inventory, 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 occurred, 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 reduced 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: o Informing officials during goal-setting and budget decisions, o Informing businesses and individuals about potential emission and cost-saving options, o Showcasing success stories, o Providing a roadmap that can be added to or adjusted, and o Exposing from where Dubuque’s GHG emissions really come; and Whereas, sustainability has remained a goal; and Whereas, the City Council in 2021 reaffirmed its commitment to sustainability by adopting the specific goal, “Sustainable Environment: Preserving and Enhancing Natural Resources”; and Whereas, the City Council in 2021 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 2021 reaffirmed its commitment to sustainability by adopting 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 grow vegetables, collect eggs and care for chickens and collect rainwater for local food creation, and educational opportunities; 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 Alternative Learning Center. Section 2. The City Manager or his designee shall enter into a grant agreement with the 29 Alternative Learning Center and shall ensure compliance with the grant agreement pursuant to Iowa Code and the grant award requirements. Passed, approved and adopted this 18th day of April, 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk RESOLUTION NO. 155-22 AWARDING SUSTAINABLE DUBUQUE GRANT TO BIKE COOP 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) Inventory, 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 occurred, 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 reduced 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: o Informing officials during goal-setting and budget decisions, o Informing businesses and individuals about potential emission and cost-saving options, o Showcasing success stories, o Providing a roadmap that can be added to or adjusted, and o Exposing from where Dubuque’s GHG emissions really come; and Whereas, sustainability has remained a goal; and Whereas, the City Council in 2021 reaffirmed its commitment to sustainability by adopting the specific goal, “Sustainable Environment: Preserving and Enhancing Natural Resources”; and Whereas, the City Council in 2021 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 2021 reaffirmed its commitment to sustainability by adopting 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 enhance bicyclist safety by providing flashing bike lights and educational safety programming for cyclists and motorists; 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 30 DUBUQUE, IOWA: Section 1. The City Council hereby awards a Sustainable Dubuque Grant to the Bike Coop. Section 2. The City Manager or his designee shall enter into a grant agreement with the Bike Coop and shall ensure compliance with the grant agreement pursuant to Iowa Code and the grant award requirements. Passed, approved and adopted this 18th day of April, 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk RESOLUTION NO. 156-22 AWARDING SUSTAINABLE DUBUQUE GRANT TO CONVIVIUM URBAN FARMSTEAD 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) Inventory, 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 occurred, 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 reduced 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: o Informing officials during goal-setting and budget decisions, o Informing businesses and individuals about potential emission and cost-saving options, o Showcasing success stories, o Providing a roadmap that can be added to or adjusted, and o Exposing from where Dubuque’s GHG emissions really come; and Whereas, sustainability has remained a goal; and Whereas, the City Council in 2021 reaffirmed its commitment to sustainability by adopting the specific goal, “Sustainable Environment: Preserving and Enhancing N atural Resources”; and Whereas, the City Council in 2021 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 2021 reaffirmed its commitment to sustainability by adopting 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 divert waste and provide education to the community related to compost and beneficial use of food scraps; and 31 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 Convivium 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 pursuant to Iowa Code and the grant award requirements. Passed, approved and adopted this 18th day of April, 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk RESOLUTION NO. 157-22 AWARDING SUSTAINABLE DUBUQUE GRANT TO DUBUQUE TREES FOREVER 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) Inventory, 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 occurred, 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 reduced 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: o Informing officials during goal-setting and budget decisions, o Informing businesses and individuals about potential emission and cost-saving options, o Showcasing success stories, o Providing a roadmap that can be added to or adjusted, and o Exposing from where Dubuque’s GHG emissions really come; and Whereas, sustainability has remained a goal; and Whereas, the City Council in 2021 reaffirmed its commitment to sustainability by adopting the specific goal, “Sustainable Environment: Preserving and Enhancing Natural Resources”; and Whereas, the City Council in 2021 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 2021 reaffirmed its commitment to sustainability by adopting the specific goal, Livable Neighborhoods and Housing: Great Place to Live”; and Whereas, the Sustainable Dubuque Grant program is the intersection of t he 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 32 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 replace trees and plant additional trees for carbon capture and water quality enhancement at Dubuque’s Technology Park; 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 Dubuque Trees Forever. Section 2. The City Manager or his designee shall enter into a grant agreement with Dubuque Trees Forever and shall ensure compliance with the grant agreement pursuant to Iowa Code and the grant award requirements. Passed, approved and adopted this 18th day of April, 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk RESOLUTION NO. 158-22 AWARDING SUSTAINABLE DUBUQUE GRANT TO FOUR MOUNDS 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) Inventory, 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 occurred, 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 reduced 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: o Informing officials during goal-setting and budget decisions, o Informing businesses and individuals about potential emission and cost-saving options, o Showcasing success stories, o Providing a roadmap that can be added to or adjusted, and o Exposing from where Dubuque’s GHG emissions really come; and Whereas, sustainability has remained a goal; and Whereas, the City Council in 2021 reaffirmed its commitment to sustainability by adopting the specific goal, “Sustainable Environment: Preserving and Enhancing N atural Resources”; and Whereas, the City Council in 2021 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 2021 reaffirmed its commitment to sustainability by adopting 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 33 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 restore historic and cultural resources and protect landscape which serves as habitat for endangered species while collecting data; 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 Four Mounds. Section 2. The City Manager or his designee shall enter into a grant agreement with Four Mounds and shall ensure compliance with the grant agreement pursuant to Iowa Code and the grant award requirements. Passed, approved and adopted this 18th day of April, 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk RESOLUTION NO. 159-22 AWARDING SUSTAINABLE DUBUQUE GRANT TO ST. MARKS YOUTH ENRICHMENT 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) Inventory, 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 occurred, 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 reduced 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: o Informing officials during goal-setting and budget decisions, o Informing businesses and individuals about potential emission and cost-saving options, o Showcasing success stories, o Providing a roadmap that can be added to or adjusted, and o Exposing from where Dubuque’s GHG emissions really come; and Whereas, sustainability has remained a goal; and Whereas, the City Council in 2021 reaffirmed its commitment to sustainability by adopting the specific goal, “Sustainable Environment: Preserving and Enhancing Natural Resources”; and Whereas, the City Council in 2021 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 2021 reaffirmed its commitment to sustainability by adopting the 34 specific goal, Livable Neighborhoods and Housing: Great Place to Live”; and Whereas, the Sustainable Dubuque Grant program is the intersection of the C ity’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 educate youth, connect kids to nature while providing ample access to nature and field trips and improving eco-literacy; 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 St. Marks Youth Enrichment. Section 2. The City Manager or his designee shall enter into a grant agreement with St. Marks Youth Enrichment and shall ensure compliance with the grant agreement pursuant to Iowa Code and the grant award requirements. Passed, approved and adopted this 18th day of April, 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk RESOLUTION NO. 160-22 AWARDING SUSTAINABLE DUBUQUE GRANT TO TRI-STATE CHRISTIAN SCHOOL 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) Inventory, 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 occurred, 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 reduced 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: o Informing officials during goal-setting and budget decisions, o Informing businesses and individuals about potential emission and cost-saving options, o Showcasing success stories, o Providing a roadmap that can be added to or adjusted, and o Exposing from where Dubuque’s GHG emissions really come; and Whereas, sustainability has remained a goal; and Whereas, the City Council in 2021 reaffirmed its commitment to sustainability by adopting the specific goal, “Sustainable Environment: Preserving and Enhancing Natural Resources”; and 35 Whereas, the City Council in 2021 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 Equita ble”; and Whereas, the City Council in 2021 reaffirmed its commitment to sustainability by adopting the specific goal, Livable Neighborhoods and Housing: Great Place to Live”; and Whereas, the Sustainable Dubuque Grant program is the intersection of the Ci ty’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 offer an interactive education related to food production and planting of native plants and creation of pollinator habitat; 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 Tri -State Christian School. Section 2. The City Manager or his designee shall enter into a grant agreement with Tri-State Christian School and shall ensure compliance with the grant agreement pursuant to Iowa Code and the grant award requirements. Passed, approved and adopted this 18th day of April, 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 5. Award 2022 Asphalt Overlay Ramp Project 2: Motion by Sprank to receive and file the documents and adopt Resolution No. 161-22 Awarding the public improvement contract for the 2022 Asphalt Overlay Ramp Project 2. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 161-22 AWARDING THE PUBLIC IMPROVEMENT CONTRACT FOR THE 2022 ASPHALT OVERLAY RAMP PROJECT 2 Whereas, sealed proposals have been submitted by contractors for the 2022 Asphalt Overlay Ramp Project 2, (the Project) pursuant to Resolution No. 90 -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 7th day of April 2022 and it has been determined that BCD Contractors LLC of Asbury, Iowa, with a low b id in the amount of $172,172.35 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 BCD Contractors 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 18th day of April 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 36 6. Mayor and City Council Appointments to Various Boards and Commissions : Motion by Roussell to receive and file the documents and refer to the City Council for discussion. Seconded by Resnick. City Council discussed currently vacant board and commission assignments and determined appointments. Council Member Roussell amended the motion to receive and file the documents and appoint Council Member Wethal to the Dubuque County Early Childhood Board; Council Member Resnick to Dubuque Initiatives; and Council Member Roussell to the Dubuque Main Street Board of Directors and Dubuque Main Street Executive Committee. Seconded by Resnick. Motion carried 7-0. 7. Fiscal Year 2023 Dollars and Cents Public Information Brochure: Motion by Jones to receive and file the documents. Seconded by Sprank. City Council Members praised the brochure for informing residents about the city’s financial standing. Motion carried 7 -0. 8. 2022 Winter Arts Snow Sculpting Festival Video: Motion by Jones to receive and file the documents and view the video of the 2022 Winter Arts Snow Sculpting Festival. Seconded by Resnick. Motion carried 7-0. COUNCIL MEMBER REPORTS Mayor Cavanagh and Council Members Resnick and Jones reported on the recent passing of former Police Chief Mark Dalsing. Council Member Jones also reported on Robin Kennicker’s nomination to the Women’s Leadership Network Women of Achievement Awards, stating that Ms. Kennicker is involved on multiple city commissions. Council Member Roussell thanked the 77 volunteers who helped plant trees on Jackson St. over the weekend. Council Member Farber reported on the upcoming Foundation for Dubuque Public Schools Annual Fundraising Event. Council Member Sprank reported on his recent involvement with neighborhood associations and food giveaways. There being no further business, Mayor Cavanagh declared the meeting adjourned at 9:13 p.m. /s/Adrienne N. Breitfelder, City Clerk