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2 15 21 City Council Proceedings Official_Special and RegularCITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 5:00 p.m. on February 15, 2021. Due to the COVID-19 pandemic and mandates for social distancing, this meeting was conducted virtually via GoToMeeting and aired live on CityChan- nel Dubuque (Mediacom cable channels 8 and 117.2), streamed live on the City's website at www.cityofdubuque.org/media, and streamed live on the City's Facebook page at www.facebook.com/citvofdubugue. Present: Mayor Buol; Council Members Cavanagh, Jones, Lynch, Resnick, Roussell, Sprank; City Manager Van Milligen, City Attorney Brumwell Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of conducting work sessions on the COVID-19 pandemic update and Travel Dubuque update. WORK SESSIONS (1) 1. COVID-19 Pandemic Update City staff and network partners provided updates on the internal and com- munity -facing responses to the COVID-19 pandemic. • Community COVID-19 Update & Communication Response: Mary Rose Corrigan, Public Health Specialist and Ryan Feller, Self Sufficiency Co- ordinator • Greater Dubuque Development Corporation Update: Rick Dickinson, President/CEO • Community Foundation of Greater Dubuque Update: Jenna Manders, Di- rector of Strategic Relations The presenters responded to questions from the City Council following their presentations. This work session concluded at 5:50 p.m. WORK SESSIONS (2) 2. Travel Dubuque Update Travel Dubuque President and CEO Keith Rahe presented a report from 3rd and 4th quarter of calendar year 2020. Topics included: Travel Dubuque Mission • Travel Related Expenditures • Hotel/Motel Tax Records and Occupancy • Impact from COVID-19 • Marketing and Sales Efforts • Sports and Events • Guest Services • Community Engagement • Inclusivity • Fiscal Year 2022 Budget Responding to a question from City Council regarding Travel Dubuque's efforts to promote Dubuque to residents, Mr. Rahe stated that Travel Dubuque has focused on promoting local opportunities for residents through social me- dia. There being no further business, Mayor Buol declared the meeting ad- journed at 6:22 p.m. /s/Adrienne N. Breitfelder, City Clerk CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on February 15, 2021. Due to the COVID-19 pandemic and mandates for social distancing, this meeting was conducted virtually and aired live on CityChannel Dubuque (Me- diacom cable channels 8 and 117.2), streamed live on the City's website at www.cityofdubuque.org/media, and streamed live on the City's Facebook page at www.facebook.com/citvofdubugue. Present: Mayor Buol; Council Members Cavanagh, Jones, Lynch, Resnick, Roussell, Sprank; City Manager Van Milligen, City Attorney Brumwell. Mayor Buol read the call and stated this is a regular session of the City Council called for the purpose of conducting such business that may properly come before the City Council. PLEDGE OF ALLEGIANCE PROCLAMATION(S) 1. Captain Robert L. Martin Proclamation (February 2021) was accepted by Dawnelle Gordon, Gabrielle Martin, Dominique Martin, and R.R.S. Stewart on behalf of the Captain Robert L. Martin Commemoration Committee and the Dubuque Branch of the NAACP. 2. Dubuque Eagles Aerie & Auxiliary Month (February 2021) was accepted by Mayor Buol on behalf of the Dubuque Fraternal Order of Eagles. CONSENT ITEMS Motion by Resnick to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Sprank. Motion carried 7-0. 1. Minutes and Reports Submitted: City Council Proceedings of 2/1; Com- munity Development Advisory Commission of 2/4; Housing Commission of 2/1; Human Rights Commission of 1/11; Library Board of Trustees of 12/17; Library Board of Trustees Council Update #206 on 1/28; Zoning Advisory Com- mission of 2/3; Proof of Publication of City Council Proceedings of 1/19. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: Jennifer Connolly for property damage; Den- nis Day for property damage; Ashley Johnson for property damage; Biniv Mas- kay for personal/property damage. Upon motion the documents were received, filed, and referred to the City Attorney. 3. Disposition of Claims: Dennis Day for property damage and Biniv Maskay for personal/property damage. Upon motion the documents were received, filed, and concurred. 4. Approval of City Expenditures: City Manager recommended City Council approval for payment of City expenditures. Upon motion the documents were received and filed, and Resolution No. 32-21 Authorizing the Director of Fi- nance 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. 32-21 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 ac- count of all disbursements, money, or property, specifying date, to whom, and from what fund paid; and Whereas, the invoices, presented by those firms and persons providing such goods and services have been pre -audited by Finance Department per- sonnel in accordance with generally accepted internal control procedures and have been determined to have been requisitioned for a lawful municipal pur- pose; and Whereas, the Finance Director -City Treasurer has provided a list of Expend- itures 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 Reso- lution 142-18 adopted May 7, 2018, authorized the Finance Director -City Treasurer to issue checks in payment of certain expenditures known as Ex- ception 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 is- sue 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 au- thorities 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 state- ment of receipts and disbursements to the City Council, and to publish a sum- mary thereof. Passed, approved, and adopted this 15th day of February 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 5. Preliminary Plat of Cedar Ridge Commercial Park: Zoning Advisory Com- mission recommended approval of the Preliminary Plat of Cedar Ridge Com- mercial Park. Upon motion the documents were received, filed, and approved. 6. Agreement between the City of Dubuque and ITC Midwest, LLC to oper- ate an Electric Transmission System in the City of Dubuque: Senior Counsel recommended adoption of a resolution approving the Agreement authorizing ITC Midwest, LLC to operate an electric transmission system in the City of Dubuque until December 31, 2021. Upon motion the documents were received and filed, and Resolution No. 33-21 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. 33-21 APPROVING AN AGREEMENT BETWEEN THE CITY OF DUBUQUE AND ITC MIDWEST, LLC TO OPERATE AN ELECTRIC TRANSMISSION SYS- TEM IN THE CITY OF DUBUQUE Whereas, the City of Dubuque, Iowa (City) and ITC Midwest, LLC (ITC Mid- west) have tentatively entered into an Agreement for the operation of an elec- tric 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 Agree- ment on behalf of the City of Dubuque. Passed, approved, and adopted this 15th day of February 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 7. Accepting a Special Warranty Deed from Roasting Solutions, LLC: City Manager recommended acceptance of a Special Warranty Deed from Roasting Solutions, LLC reconveying the Expansion Property to the City of Dubuque. Upon motion the documents were received and filed, and Resolu- tion No. 34-21 Accepting a Special Warranty Deed from Roasting Solutions, LLC was adopted. RESOLUTION NO. 34-21 ACCEPTING A SPECIAL WARRANTY DEED FROM ROASTING SOLU- TIONS, LLC Whereas, the City of Dubuque and Roasting Solutions, LLC entered into a Development Agreement dated for reference purposes the 14th day of Janu- ary 2016; and Whereas, the Development Agreement provided for the purchase of prop- erty by Roasting Solutions, LLC, which included what is now legally described as follows: Lot 2 of Dubuque Industrial Center South Third Addition in the City of Dubuque, Iowa intended by Roasting Solutions, LLC (the Expansion Property); and Whereas, the Development Agreement provided Roasting Solutions, LLC the option of reconveying the Expansion Property to the City of Dubuque; and Whereas, Roasting Solutions, LLC has exercised the option to reconvey the Expansion Property with the attached Special Warranty Deed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: Section 1. The City of Dubuque hereby accepts the Special Warranty Deed from Roasting Solutions, LLC. Section 2. The City Clerk is hereby authorized and directed to record this Resolution and the Special Warranty Deed with the Dubuque County Re- corder. Passed, approved, and adopted this 15th day of February 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 8. Seventh Amendment to Amended and Restated Development Agree- ment between the City of Dubuque, Iowa, and Dubuque Racing Association, LTD: City Manager recommended approval of the Seventh Amendment to Amended and Restated Development Agreement between the City of Dubu- que, Iowa, and Dubuque Racing Association, LTD. Upon motion the docu- ments were received and filed, and Resolution No. 35-21 Approving the Sev- enth Amendment to Amended and Restated Lease Agreement between the Dubuque Racing Association and the City of Dubuque was adopted. RESOLUTION NO. 35-21 APPROVING THE SEVENTH AMENDMENT TO AMENDED AND RE- STATED LEASE AGREEMENT BETWEEN THE DUBUQUE RACING AS- SOCIATION AND THE CITY OF DUBUQUE Whereas, the City of Dubuque (City) and the Dubuque Racing Association, LTD. (Association) are parties to an Amended and Restated Lease Agreement (the Lease Agreement) dated for reference purposes the 31 st day of March, 2004, as amended by the First Amendment dated the 4th day of April, 2005, the Second Amendment dated the 29th day of June, 2005, the Third Amend- ment dated the 2nd day of February, 2009, the Fourth Amendment dated the 7th day of June, 2010, the Fifth Amendment dated the 3rd day of November, 2014, and the Sixth Amendment dated the 16th day of February, 2015; and Whereas, City and Association now desire to amend the Lease Agreement as set forth in the attached Seventh Amendment; and Whereas, the City Council of the City of Dubuque finds that it is in the inter- ests of the City of Dubuque to approve the Seventh Amendment attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: Section 1. The Seventh Amendment to Amended and Restated Lease Agreement attached hereto is hereby approved. Section 2. The Mayor is hereby authorized and directed to execute the Sev- enth Amendment on behalf of the City of Dubuque. Passed, approved, and adopted this 15th day of February 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 9. Digmann. vs. City of Dubuque Board of Review 2020 Property Tax Ap- peal: Senior Counsel provided a copy of the Stipulation of Settlement regard- ing a tax assessment appeal filed by Steven Digmann with the Property As- sessment Appeal Board. Upon motion the documents were received and filed. 10. December 31, 2020, Quarterly Investment Report: City Manager trans- mitted the December 31, 2020, Quarterly Investment Report. Upon motion the documents were received and filed. 11. Certify 2020 Urban Revitalization Improvements: City Manager recom- mended approval of a resolution approving property tax abatement applica- tions for 24 residential properties filed in accordance with the Urban Revitali- zation ordinance and authorizes transmittal to the City Assessor for processing of the tax abatement. Upon motion the documents were received and filed, and Resolution No. 36-21 Approving Property Tax Abatement Applications submitted by property owners in recognized Urban Revitalization Areas and authorizing the transmittal of the approved applications to the City Tax Asses- sor was adopted. RESOLUTION NO. 36-21 APPROVING PROPERTY TAX ABATEMENT APPLICATIONS SUBMITTED BY PROPERTY OWNERS IN RECOGNIZED URBAN REVITALIZATION AR- EAS AND AUTHORIZING THE TRANSMITTAL OF THE APPROVED AP- PLICATIONS TO THE CITY TAX ASSESSOR Whereas, Chapter 404 of the Code of Iowa, the Urban Revitalization Act, permits cities to abate property taxes for improvements made to properties in designated revitalization areas; and Whereas the Urban Revitalization Act requires property owners to submit a written application for abatement by February 1, 2021, of the assessment year for which the abatement is first claimed, and further requires the City Council to approve all applications that meet the requirements of the adopted Urban Revitalization Plan. Copies of the Urban Revitalization applications are for- warded to the City Assessor for review by March 1, 2021; and Whereas, pursuant to the requirements of said Urban Revitalization Act, the following Urban Revitalization Areas were established: Dubuque Urban Revi- talization Area, Alta Vista, Radford Road, 210 Jones Street, Kunkel & Associ- ates, Lange Estates; and Whereas, the City of Dubuque, as of February 1, 2021, received residential tax abatement applications from the following property owners in the afore- mentioned urban revitalization districts eligible for 100% abatement on im- provements made for the time period indicated: District Address Property Owner Type of Property Exemp- tion Pe- riod Dbq UR Area 1004 Bluff St Ken Resch (Patriot One Homes) Multifamily 10-year Dbq UR Area 900 Rhomberg Ave Ken Resch (Patriot One Homes) Multifamily 10-year Dbq UR Area 696 University Ave Ken Resch (Patriot One Homes) Residential 10-year Dbq UR Area 2140 Foye St Peggy Otting Residential 10-year Dbq UR Area 2550 Broadway St Justin Heim Residential 10-year Dbq UR Area 331 Kaufmann Ave Kerry & Sonny Shelke Residential 10-year Dbq UR Area 757/759 Caledonia Kerry & Sonny Shelke Multifamily 10-year Dbq UR Area 542 W 111h St Kerry & Sonny Shelke Multifamily 10-year Dbq UR Area 815 Wilson Ave Kerry & Sonny Shelke Multifamily 10-year Dbq UR Area 2403 Stafford St Kerry & Sonny Shelke Multifamily 10-year Dbq UR Area 576 W Locust St Kerry & Sonny Shelke Residential 10-year Dbq UR Area 1172 White St Rusk Land Co Residential 10-year Dbq UR Area 681 W 51h St Ron Hanten Residential 10-year Dbq UR Area 2655 Fulton St Tim Hitzler Residential 10-year Dbq UR Area 518 E 22"d St Jake Kohlhaas Multifamily 10-year Dbq UR Area 180 W 15th St 15th Street Apartments Multifamily 10-year Dbq UR Area 245 W 111 St Sam Murley Commercial 3-year Dbq UR Area 355 Nevada St Russel Vander Meulen Residential 10-year Dbq UR Area 1575 Washington St Terry Mozena Residential 10-year Dbq UR Area 1577 Washington St Terry Mozena Residential 10-year Dbq UR Area 530/530.5 Rhomberg Kevin & Roberta Potter-Kratz Residential 10-year Dbq UR Area 778 W 8th St K & L Leasing (Ken Lin) Residential 10-year Dbq UR Area 455 Almond St Virtual Velocity (Lloyd Singletary) Residential 10-year Dbq UR Area 704 Caledonia PI FitzGerald Enterprises Residential 10-year 12. Competitive Revitalize Iowa's Sound Economy (RISE) Application for Road Improvements to the East Entrance to the Dubuque Industrial Center West on Chavenelle Road between the Northwest Arterial and Radford Road: City Manager recommended approval of a resolution endorsing a $1,876,907 Revitalize Iowa's Sound Economy (RISE) grant application for road improve- ments to the east entrance to the Dubuque Industrial Center West on Cha- venelle Road. Upon motion the documents were received and filed, and Res- olution No. 37-21 Endorsing the submission of a Revitalize Iowa's Sound Economy (RISE) application to the Iowa Department of Transportation for roadway improvements to the east entrance of the Dubuque Industrial Center West on Chavenelle Road in the City of Dubuque was adopted. RESOLUTION NO. 37-21 ENDORSING THE SUBMISSION OF A REVITALIZE IOWA'S SOUND ECONOMY (RISE) APPLICATION TO THE IOWA DEPARTMENT OF TRANSPORTATION FOR ROADWAY IMPROVEMENTS TO THE EAST EN- TRANCE OF THE DUBUQUE INDUSTRIAL CENTER WEST ON CHA- VENELLE ROAD IN THE CITY OF DUBUQUE Whereas, the City Council of the City of Dubuque acknowledges that eco- nomic development opportunities require adequate public infrastructure in or- der to retain and attract new job creating businesses and industries; and Whereas, the City Council has determined the Dubuque Industrial Center West requires public roadway improvements to accommodate existing busi- nesses and to attract new job creating businesses and industries; and Whereas, the Iowa Department of Transportation, through its Revitalize Io- wa's Sound Economy (RISE) Competitive Project Funding, has monies avail- able for the development of public roadways to support economic development opportunities; and Whereas, the City Council finds that it is in the interests of the City of Dubu- que to apply for competitive funding in order to offset those certain costs of roadway improvements to accommodate existing businesses and to attract new job creating businesses and industries. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA- Section 1. That the City Council of the City of Dubuque hereby endorses the application to the Iowa Department of Transportation for RISE funding to provide roadway improvements to the East Entrance of the Dubuque Industrial Center West. Section 2. That the City Council of the City of Dubuque hereby certifies that the roadway improvements will be dedicated to public use and will remain so dedicated to public use and that General Obligation Bond funds will be availa- ble to finance the City of Dubuque's portion of project costs. Section 3. That the City of Dubuque hereby assumes responsibility for on- going maintenance of these roadway improvements and will ensures that the roadway will be adequately maintained in the future. Passed, approved, and adopted this 15th day of February 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 13. Valentine Park Community Garden Approval: City Manager recom- mended approval to proceed with a community garden at Valentine Park with community volunteers taking the lead on the project. Upon motion the docu- ments were received, filed, and approved. 14. Bee Branch Creek Greenway Featured in Landscape Architect and Specifier News Magazine: City Manager transmitted information on the Bee Branch Creek Greenway being featured in the January 2021 edition of Land- scape Architect and Specifier News Magazine. Upon motion the documents were received and filed. 15. Spahn and Rose Lumber Co. Property Radford Road Right of Way Plat and Dedication: City Manager recommended approval of the Acquisition Plat of Lot A of Lot 2-1 of Wolff Place No. 2, in the City of Dubuque, Iowa, and acceptance of the dedication of said lot for street right of way and public utilities purposes. Upon motion the documents were received and filed, and Resolu- tion No. 38-21 Approving the Acquisition Plat of Lot A of Lot 2-1 of Wolff Place No. 2, in the City of Dubuque, Iowa was adopted. RESOLUTION NO. 38-21 APPROVING THE ACQUISITION PLAT OF LOT A OF LOT 2-1 OF WOLFF PLACE NO. 2, IN THE CITY OF DUBUQUE, IOWA Whereas, there has been presented to the City Council of the City of Dubu- que, Iowa, an Acquisition Plat dated February 2, 2021, prepared by IIW, P.C. describing Lot A of Lot 2-1 of Wolff Place No. 2, in the City of Dubuque, Iowa; and Whereas, said plat conforms to the laws and statutes pertaining thereto; and Whereas, upon said plat appears Lot A of Lot 2-1, which Spahn and Rose Lumber Co., by said plat have dedicated to the public forever; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated February 2, 2021, prepared by IIW P.C., rel- ative to the real estate hereinabove described be and the same is hereby ap- proved, and the Mayor and City Clerk be, and they are hereby authorized and directed to execute said plat and on behalf of the City of Dubuque, Iowa. Section 2. That the dedication of Lot A of Lot 2-1 of Wolff Place No. 2, in the City of Dubuque, Iowa, for Right of Way (Radford Road) and public utilities purposes, as it appears on said Acquisition Plat, be and the same is hereby accepted. Section 3. That the City Clerk be and is hereby authorized and directed to file said plat and certified copy of this resolution in the office of the Recorder, in and for Dubuque County, Iowa. Passed, approved, and adopted this 15th day of February 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 16. Memo Recording Award of the 2021 Asphalt Overlay Curb Ramp Pro- ject 1: City Manager recommended that the award for the 2021 Asphalt Over- lay Curb Ramp Project 1 be officially recorded in the minutes of the City Coun- cil. Upon motion the documents were received, filed, and made a Matter of Record. 17. Memo Recording Award of the Multicultural Family Center Sidewalk Re- placement Project: City Manager recommended that the award for the Multi- cultural Family Center Sidewalk Replacement Project be officially recorded in the minutes of the City Council. Upon motion the documents were received, filed, and made a Matter of Record. 18. Chavenelle Road Hike Bike Trail Phase 1 Iowa DOT Project No. EDP- 2100(695)--7Y-31 Acceptance of Public Improvement Project CIP 3602273: City Manager recommended acceptance of the public improvement construc- tion contract for the Chavenelle Road Hike -Bike Trail — Phase 1 Project, as completed by Midwest Concrete, Inc., in the final contract amount of $728,158.12, which is a 14% increase from the original contract amount of $638,840.15. Upon motion the documents were received and filed, and Reso- lution No. 39-21 Accepting the Chavenelle Road Hike -Bike Trail — Phase 1 Project Iowa DOT Project No. EDP-2100(695)-7Y-31 and authorizing the payment to the contractor was adopted. RESOLUTION NO. 39-21 ACCEPTING THE CHAVENELLE ROAD HIKE -BIKE TRAIL — PHASE 1 PROJECT IOWA DOT PROJECT NO. EDP-2100(695)-7Y-31 AND AU- THORIZING THE PAYMENT TO THE CONTRACTOR Whereas, the public improvement contract for the Chavenelle Road Hike - Bike Trail - Phase 1 Project, Iowa DOT Project No. EDP-2100(695)-7Y-31, (the Project) has been completed by the Contractor, Midwest Concrete, Inc. (Contractor), the City Engineer has examined the work and recommends that the Project be accepted; and Whereas, the final contract amount for the Project is $728,158.12; and Whereas, the Contractor has previously been paid $706,313.38, leaving a balance of $21,844.75; and Whereas, the City Council finds that the recommendation of the City Engi- neer should be accepted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved, and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor the balance of the retainage of $21,844.75 as provided in Iowa Code chapter 573, and to pay such retainage in accordance with the provisions of Iowa Code chapter 573 or Iowa Code chapter 26.13. Passed, approved, and adopted this 15th day of February 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF CHA- VENELLE ROAD HIKE -BIKE TRAIL — PHASE 1 PROJECT IOWA DOT PROJECT NO. EDP-2100(695)-7Y-31 The undersigned City Engineer of the City of Dubuque, Iowa, hereby certi- fies that he has inspected the Chavenelle Road Hike -Bike Trail - Phase 1 Pro- ject, Iowa DOT Project No. EDP-2100(695)-7Y-31 has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $853,890.43. Dated this 9th day of February 2021. /s/Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 9th day of February 2021. /s/Adrienne N. Breitfelder, City Clerk 19. Acceptance of Dedication of Sanitary Easement across Jesse E. Kemp and Jessica P. Kemp Property at 3400 Nightengale Lane in Dubuque: City Manager recommended acceptance of a dedication of sanitary easement from Jesse E. Kemp and Jessica P. Kemp for an E1 sewer pump station across property at 3400 Nightengale Lane. Upon motion the documents were re- ceived and filed, and Resolution No. 40-21 Accepting the Dedication of Sanitary Easement through, under and across Part of Lot 1 of Julian's Hill, in the City of Dubuque, Iowa was adopted. RESOLUTION NO. 40-21 ACCEPTING THE DEDICATION OF SANITARY EASEMENT THROUGH, UNDER AND ACROSS PART OF LOT 1 OF JULIAN'S HILL, IN THE CITY OF DUBUQUE, IOWA Whereas, Jesse E. Kemp and Jessica P. Kemp have dedicated to the City of Dubuque, by the Plat of Survey of Julian's Hill recorded as Instrument Num- ber 2021-00001758 in the Dubuque County Recorder's office, a Sanitary Easement through, over and across Part of Lot 1 of Julian's Hill, in the City of Dubuque, Iowa. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts, and consents to the dedication of Sanitary Easement for sanitary sewer utilities through, over and across Part of Lot 1 of Julian's Hill, in the City of Dubuque, Iowa from Jesse E. Kemp and Jessica P. Kemp, a copy of which is attached hereto. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Passed, approved, and adopted this 15th day of February 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 20. Agreement with the U.S. Department of the Army for an Engineering Analysis on the Force Main Stabilization Project: City Manager recommended authorization to enter into an agreement with the U.S. Department of the Army in order for the U.S. Army Corps of Engineers to provide a planning and design analysis of the Force Main Stabilization Project. Upon motion the documents were received and filed, and Resolution No. 41-21 Authorizing the execution of an Agreement with the Department of the Army to collaborate on stabiliza- tion and protection of the Force Main along the Mississippi River was adopted. RESOLUTION NO. 41-21 AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE DE- PARTMENT OF THE ARMY TO COLLABORATE ON STABILIZATION AND PROTECTION OF THE FORCE MAIN ALONG THE MISSISSIPPI RIVER Whereas, the City recognizes the need to stabilize and protect the City's sanitary sewer force main that runs along the Mississippi River; and Whereas, the Continuing Authorities Program— Section 14 of the 1946 Flood Control Act authorizes the protection of the Forced Sewer Main for the City, Iowa; and Whereas, the Water Resources Development Act of 1986, Public Law 99- 662, as amended (33 U.S.C. 2215(a)), specifies the cost -sharing require- ments; and Whereas, the Department of the Army has provided an agreement to that would allow them to proceed with a planning and design analysis to identify and evaluate alternatives and a recommendation of a coordinated and imple- mentable solution for the Force Main Stabilization Project; and Whereas, the Department of the Army and the City have the full authority and capability to perform in accordance with the terms of the agreement; and Whereas, it is the best interest of the City to enter into the agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Mayor is hereby authorized to sign the agreement and the Certification Regarding Lobbying in the forms attached hereto. Section 2. The City Manager is hereby authorized to act as an authorized representative for the agreement and may execute any documents required by the Agreement as the Department of the Army may reasonably request. Passed, approved, and adopted this 15th day of February 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 21. Acceptance of Water Main Improvement in the Right of Way Adjacent to Lot 1 and Lot 2 Third Union Addition in the City of Dubuque, Iowa, common address 821 - 877 Oak Street (Routley Property): City Manager recommended acceptance of the public improvements that the developer, Routley Construc- tion, has recently completed in the right-of-way adjacent to 821-877 Oak Street (Routley Property). Upon motion the documents were received and filed, and Resolution No. 42-21 Accepting Public Water Main Improvements in the Row Adjacent to Lot 1 and Lot 2 Third Union Addition in the City of Dubuque, Iowa, Common Address 821 -887 Oak Street (Routley Property) was adopted. RESOLUTION NO. 42-21 ACCEPTING PUBLIC WATER MAIN IMPROVEMENTS IN THE ROW AD- JACENT TO LOT 1 AND LOT 2 THIRD UNION ADDITION IN THE CITY OF DUBUQUE, IOWA, COMMON ADDRESS 821 - 887 OAK STREET (ROUT - LEY PROPERTY) Whereas, pursuant to Water Construction Agreement dated July 24, 2020, a copy of which is attached hereto, certain public improvements including wa- ter main and appurtenances, were installed by Routley Construction; and Whereas, the improvements have been completed and the City Manager has examined the work and has filed a certificate stating that the same has been completed in accordance with the plans approved by the City Council and in conformance with City specifications, and has recommended that the improvements be accepted by the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said public improvements in the ROW adjacent to Lot 1 and Lot 2 Third Union Addition in the City of Dubuque, Iowa, common address 821 — 877 Oak Street (Routley Property), be and the same is hereby accepted. Passed, approved and adopted this 15th day of February 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 22. Signed Contract(s): Asbury Road Fiber Optic Collaboration - Phase 2 Project; Chaplain Schmitt Island Fiber Option Collaboration Project. Upon mo- tion the documents were received and filed. 23. Update of Mutual Aid Agreement with East Dubuque: City Manager rec- ommended approval to update the Mutual Aid Agreement with the East Dubu- que Fire Department to address fire and EMS responses. Upon motion the documents were received, filed and approved. 24. Alcohol License Applications: City Manager recommended approval of annual liquor, beer, and wine license applications as submitted. Upon motion the documents were received and filed, and Resolution No. 43-21 Approving applications for beer, liquor, and/or wine permits, as required by City of Dubu- que 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. 43-21 APPROVING APPLICATIONS FOR BEER, LIQUOR, AND/OR WINE PER- MITS, AS REQUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TI- TLE 4 BUSINESS AND LICENSE REGULATIONS, CHAPTER 2 LIQUOR CONTROL, ARTICLE B LIQUOR, BEER AND WINE LICENSES AND PER- MITS Whereas, applications for Beer, Liquor, and or Wine Permits have been submitted and filed with the City Council for approval, and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City, and the applicants have filed the proper fees and bonds and otherwise complied with the requirements of the Code of Ordinances. Renewal Convivium Urban Farmstead, 2811 Jackson St., Class C Liquor (Outdoor) (Sunday) Dollar General Store #10074, 2400 Gateway Dr., Class B Beer, Class B Na- tive Wine (Sunday) Dollar General Store #6896, 605 W Locust St, Class B Beer, Class B Native Wine (Sunday) Dollar General Store #7289, 3250 Kennedy Cir Ste 8, Class B Beer, Class B Native Wine (Sunday) Dubuque Religious Center, 923 Main St., Class B Wine (Sunday) Dungeon, 302 Locust St., Class C Liquor (Sunday) EZ Stop 1, 1101 Rhomberg Ave., Class E Liquor, Class B Wine, Class C Beer (Sunday) Gin Rickeys, 1447 Central Ave., Class C Liquor (Sunday) Hartig Drug Company #4, 2225 Central Ave., Class E Liquor, Class B Wine, Class C Beer (Sunday) Hy-Vee Market Cafe #3, 400 Locust St., Class C Liquor (Catering) (Sunday) Millwork Marketplace, 333 E. 10th St., Class C Liquor, Class B Wine (Cater- ing) (Outdoor) (Sunday) Northside Bar, Inc., 2776 Jackson St., Class C Liquor (Outdoor) (Sunday) Pusateris, 2400 Central Ave., Class C Liquor (Sunday) The Richards House B&B, 1492 Locust St., Class B Native Wine (Living Qrt.) (Outdoor) (Sunday) Town Clock Inn, 799 Main St., Class C Liquor New Yardarm, 1201 Shiras Ave., Class C Liquor (Outdoor) (Sunday) NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The City Clerk is hereby authorized and directed to cause to be issued the noted permit types to the following applicants pending submission of the locally required documentation: Passed, approved, and adopted this 15th day of February 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk ITEMS SET FOR PUBLIC HEARING Motion by Jones to receive and file the documents, adopt the resolutions, set the public hearings as indicated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Resnick. Motion carried 7-0. 1. Human Rights Commission Request for Commissioner Removal: Human Rights Commission requested City Council schedule a public hearing to re- move Commissioner Ashley Regan from the Human Rights Commission pur- suant to Title 8, Chapter 2, Section 8-2-6 of the Human Rights Ordinance. Upon motion the documents were received and filed, and Resolution No. 44 - 21 Setting a Public Hearing on the intent to consider the removal of a commissioner from the Human Rights Commission was adopted setting a pub- lic hearing for a meeting to commence at 6:30 p.m. on March 1, 2021. RESOLUTION NO. 44-21 SETTING A PUBLIC HEARING ON THE INTENT TO CONSIDER THE RE- MOVAL OF A COMMISSIONER FROM THE HUMAN RIGHTS COMMIS- SION Whereas, the City of Dubuque, Iowa Human Rights Commission is gov- erned by Title 8 of the City of Dubuque Code of Ordinances; and Whereas, § 8-2-10 of the Code of Ordinances establishes the requirement for attendance at commission meetings as follows: 8-2-10: MEETINGS: D. Attendance: 1. In the event a commissioner has been absent for three (3) or more consecutive meetings of the commission, without being excused by the chairperson, such absence will be grounds for the commission to recom- mend to the city council that the position be declared vacant and a replace- ment appointed. 2. Attendance must be entered upon the minutes of all meetings. ; and Whereas, the Human Rights Commission has recommended to the City Council that Ashley Regan be removed from the Commission for failure to comply with the attendance requirements, such recommendation attached as Exhibit A; and Whereas, § 8-2-12 of the Code of Ordinances authorizes removal of a com- missioner for cause upon written charges and after public hearing; and Whereas, the City Council desires to set the public hearing on the removal of Ashley Regan from the Human Rights Commission. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA- Section 1. The City Council intends to consider the removal of Ashley Re- gan from the Human Rights Commission for noncompliance with the attend- ance requirement of the Code of Ordinances. Section 2. The City Clerk is hereby authorized and directed to cause a no- tice to be mailed to Ashley Regan and published as prescribed by Iowa Code Section 362.3 of a public hearing on the City's intent to remove Ashley Regan from the Human Rights Commission, to be held virtually on the 1st day of March 2021 at 6:30 p.m. in Dubuque, Iowa. Passed, approved and adopted this 15th day of February 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk [Due to the ongoing COVID-19 pandemic, the City Council will meet virtually through GoToMeeting. The official agenda will be posted on Friday prior to the meeting and will contain listening, viewing, and public input options. The City Council agenda can be accessed at https://citvofdubuque.novu- sagenda.com/AgendaPublic/ or by contacting the City Clerk's Office at 563- 589-4100, ctyclerk(a)_cityofdubug ue.org.] PUBLIC HEARINGS 1. Request to Rezone 7869 Commerce Park: Proof of publication on notice of public hearing to consider approval of a request from Kevin Oberbroeckling to rezone property located at 7869 Commerce Park from CS Commercial Ser- vice and Wholesale zoning district to C-3 General Commercial zoning district, and Zoning Advisory Commission recommended approval. Motion by Cavanagh 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. Se- conded by Sprank. Planning Services Manager Wally Wernimont provide a staff report. Staff stated that no public input was received regarding this item. Motion carried 7-0. Motion by Cavanagh for final consideration and passage of Ordinance No. 3-21 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located at 7869 Commerce Park from CS Commercial Service and Wholesale District to C-3 General Commercial District. Seconded by Sprank. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 3-21 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDI- NANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HERE- INAFTER DESCRIBED PROPERTY LOCATED AT 7869 COMMERCE PARK FROM CS COMMERCIAL SERVICE AND WHOLESALE DISTRICT TO C-3 GENERAL COMMERCIAL DISTRICT 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, is hereby amended by reclassifying the hereinafter —de- scribed property from CS Commercial Service and Wholesale District to C-3 General Commercial District, to wit: Lot 2 Blk 3 Westbrook Sub and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. That the foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This Ordinance shall take effect immediately upon publication as provided by law. Passed, approved, and adopted this 15th day of February, 2021. /s/Roy D. Buol, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 19th day of Feb- ruary 2021. /s/Adrienne N. Breitfelder, City Clerk 2. Proceedings for Public Hearing on the Issuance of Not to Exceed $1,600,000, Sewer Revenue Capital Loan Notes (Interim Financing) State Re- volving Funds, Planning and Design Loan Applications: Proof of publication on notice of public hearing to consider approval of the suggested proceedings for a public hearing on the of the issuance of not to exceed $1,600,000 in Sewer Revenue Capital Loan Notes (Interim Financing) State Revolving Loan Fund Program, the proceeds of which will be used to pay planning and design costs for Auburn and Custer, Center Place Area, Maiden Lane Area, Hawthorne to Fengler Street "track Line" sewer, Catfish Creek Lift Station and Force Main, and Sanitary Asset Management Master Plan projects, and City Manager rec- ommended approval. Motion by Jones to receive and file the documents and adopt Resolution No. 45-21 Instituting proceedings to take additional action for the authorization of Loan and Disbursement Agreements and the issuance of not to exceed $1,600,000 Sewer Revenue Capital Loan Notes; Resolution No. 46-21 Approving and authorizing a form of Interim Loan and Disbursement Agreement by and between the City of Dubuque, Iowa, and the Iowa Finance Authority, and authorizing and providing for the issuance and securing the pay- ment of $970,000 Sewer Revenue Capital Loan Notes Anticipation Project Note, Series 2021A, of the City of Dubuque, Iowa, under the provisions of the Code of Iowa, and providing for a method of payment of said Notes; Resolution No. 47-21 Approving and authorizing a form of Interim Loan and Disbursement Agreement by and between the City of Dubuque, Iowa, and the Iowa Finance Authority, and authorizing and providing for the issuance and securing the pay- ment of $350,000 Sewer Revenue Capital Loan Notes Anticipation Project Note, Series 2021 B, of the City of Dubuque, Iowa, under the provisions of the Code of Iowa, and providing for a method of payment of said Notes; and Res- olution No. 48-21 Approving and authorizing a form of Interim Loan and Dis- bursement Agreement by and between the City of Dubuque, Iowa, and the Iowa Finance Authority, and authorizing and providing for the issuance and securing the payment of $160,000 Sewer Revenue Capital Loan Notes Antic- ipation Project Note, Series 2021 C, of the City of Dubuque, Iowa, under the provisions of the Code of Iowa, and providing for a method of payment of said Notes. Seconded by Resnick. Staff stated that no public input was received regarding this item. Motion carried 7-0. RESOLUTION NO. 45-21 INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION OF LOAN AND DISBURSEMENT AGREEMENTS AND THE ISSUANCE OF NOT TO EXCEED $1,600,000 SEWER REVENUE CAP- ITAL LOAN NOTES Whereas, pursuant to notice published as required by law, this City Council has held a public meeting and hearing upon the proposal to institute proceed- ings for the authorization of Loan and Disbursement Agreements by and be- tween the City and the Iowa Finance Authority, and the issuance to the Iowa Finance Authority of Not to Exceed $1,600,000 Sewer Revenue Capital Loan Notes to evidence the obligations of the City under said Loan and Disburse- ment Agreements, for the purpose of paying costs of acquisition, construction, reconstruction, extending, remodeling, improving, repairing and equipping all or part of the Municipal Sewer System, and has considered the extent of ob- jections received from residents or property owners as to said proposal, and accordingly the following action is now considered to be in the best interests of the City and residents thereof: NOW, THEREFORE, BE IT RESOLVED BY THE City Council OF THE City of Dubuque, IOWA: Section 1. That this City Council does hereby institute proceedings and takes additional action for the authorization of Loan and Disbursement Agree- ments by and between the City and the Iowa Finance Authority, and the issu- ance to the Iowa Finance Authority in the manner required by law of Not to Exceed $1,600,000 Sewer Revenue Capital Loan Notes for the foregoing pur- pose. Section 2. That the Clerk, with the assistance of bond counsel, is hereby authorized and directed to proceed with the preparation of such documents and proceedings as shall be necessary to authorize the City's participation in the SRF Loan Program, to select a suitable date for final City Council authori- zation of the required Loan and Disbursement Agreements and issuance of the Note(s) to evidence the City's obligations thereunder, and to take such other actions as the Clerk shall deem necessary to permit the completion of a loan on a basis favorable to the City and acceptable to this Council. Passed and approved this 15th day of February, 2021. Roy D. Buol, Mayor Jennifer M. Larson, Director of Finance and Budget Attest: Adrienne N. Breitfelder, City Clerk RESOLUTION NO. 46-21 APPROVING AND AUTHORIZING A FORM OF INTERIM LOAN AND DIS- BURSEMENT AGREEMENT BY AND BETWEEN THE City of Dubuque AND THE IOWA FINANCE AUTHORITY, AND AUTHORIZING AND PROVIDING FOR THE ISSUANCE AND SECURING THE PAYMENT OF $970,000 SEWER REVENUE CAPITAL LOAN NOTES ANTICIPATION PROJECT NOTE, SERIES 2021A, OF THE City of Dubuque, IOWA, UNDER THE PROVISIONS OF THE CODE OF IOWA, AND PROVIDING FOR A METHOD OF PAYMENT OF SAID NOTE Whereas, Issuer proposes to issue its Sewer Revenue Capital Loan Notes Anticipation Project Note, Series 2021 A, to the extent of $970,000, for the pur- pose of defraying the costs of the Project hereinafter described; and, it is deemed necessary and advisable and in the best interests of the City that a form of Interim Loan and Disbursement Agreement by and between the City and the Iowa Finance Authority be approved and authorized; and Whereas, the notice of intention of Issuer to take action for the issuance of not to exceed $1,600,000 Sewer Revenue Capital Loan Notes has heretofore been duly published and no objections to such proposed action have been filed. NOW, THEREFORE, BE IT RESOLVED BY THE City Council OF THE City of Dubuque, IN THE COUNTY OF Dubuque, STATE OF IOWA: Section 1. Definitions. The following terms shall have the following mean- ings in this Resolution unless the text expressly or by necessary implication requires otherwise: ♦ "Additional Project Notes" shall mean any project notes or other obliga- tions issued on a parity with the Note in accordance with the provisions of Section 11 hereof; ♦ "Agreement" shall mean an Interim Loan and Disbursement Agreement dated as of the Closing between and among the City and the Original Pur- chaser, relating to the Interim Loan made to the City under the Program; ♦ "City Clerk" shall mean the City Clerk or such other officer of the succes- sor Governing Body as shall be charged with substantially the same duties and responsibilities; ♦ "Closing" shall mean the date of delivery of the Note to the Original Pur- chaser and the funding of the Interim Loan; ♦ "Corporate Seal" shall mean the official seal of Issuer adopted by the Governing Body; ♦ "Fiscal Year" shall mean the twelve months' period beginning on July 1 of each year and ending on the last day of June of the following year, or any other consecutive twelve-month period adopted by the Governing Body or by law as the official accounting period of the System; provided, that the requirements of a fiscal year as expressed in this Resolution shall exclude any payment of principal or interest falling due on the first day of the fiscal year and include any payment of principal or interest falling due on the first day of the succeeding fiscal year; ♦ "Governing Body" shall mean the Council of the City, or its successor in function with respect to the operation and control of the System; ♦ "Interim Loan" shall mean the principal amount allocated by the Original Purchaser and loaned to the City under the Program, equal in amount to the principal amount of the Note; ♦ "Issuer" and "City" shall mean the City of Dubuque, Iowa; ♦ "Note" shall mean $970,000 Sewer Revenue Capital Loan Notes Antici- pation Project Note, Series 2021A, authorized to be issued by this Resolu- tion; ♦ "Original Purchaser" shall mean the Iowa Finance Authority, as the pur- chaser of the Note from Issuer at the time of its original issuance; ♦ "Paying Agent" shall be the City Treasurer, or such successor as may be approved by Issuer as provided herein and who shall carry out the duties prescribed herein as Issuer's agent to provide for the payment of principal of and interest on the Notes as the same shall become due; ♦ "Permitted Investments" shall mean: • direct obligations of (including obligations issued or held in book entry form on the books of) the Department of the Treasury of the United States of America; • cash (insured at all times by the Federal Deposit Insurance Corporation or otherwise collateralized with obligations described in the above para- graph); • obligations of any of the following federal agencies which obligations represent full faith and credit of the United States of America, including: - Export - Import Bank - Farm Credit System Financial Assistance Corporation - USDA - Rural Development - General Services Administration - U.S. Maritime Administration - Small Business Administration - Government National Mortgage Association (GNMA) - U.S. Department of Housing & Urban Development (PHA's) - Federal Housing Administration • repurchase agreements whose underlying collateral consists of the in- vestments set out above if the Issuer takes delivery of the collateral either directly or through an authorized custodian. Repurchase agreements do not include reverse repurchase agreements; • senior debt obligations rated "AAA" by Standard & Poor's Corporation (S&P) or "Aaa" by Moody's Investors Service Inc. (Moody's) issued by the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation; • U.S. dollar denominated deposit accounts, federal funds and banker's acceptances with domestic commercial banks which have a rating on their short-term certificates of deposit on the date of purchase of "A-1" or "A-1+" by S&P or "P-1" by Moody's and maturing no more than 360 days after the date of purchase (ratings on holding companies are not consid- ered as the rating of the bank); • commercial paper which is rated at the time of purchase in the single highest classification, "A-1+" by S&P or "P-1" by Moody's and which ma- tures not more than 270 days after the date of purchase; • investments in a money market fund rated "AAAm" or "AAAm-G" or better by S&P; • pre -refunded Municipal Obligations, defined as any bonds or other ob- ligations of any state of the United States of America or of any agency, instrumentality or local governmental unit of any such state which are not callable at the option of the obligor prior to maturity or as to which irrev- ocable instructions have been given by the obligor to call on the date specified in the notice; and (a) which are rated, based on an irrevocable escrow account or fund (the "escrow"), in the highest rating category of S&P or Moody's or any successors thereto; or (b)(i) which are fully se- cured as to principal and interest and redemption premium, if any, by an escrow consisting only of cash or direct obligations of the Department of the Treasury of the United States of America, which escrow may be ap- plied only to the payment of such principal of and interest and redemption premium, if any, on such bonds or other obligations on the maturity date or dates thereof or the specified redemption date or dates pursuant to such irrevocable instructions, as appropriate; and (ii) which escrow is suf- ficient, as verified by a nationally recognized independent certified public accountant, to pay principal of and interest and redemption premium, if any, on the bonds or other obligations described in this paragraph on the maturity date or dates specified in the irrevocable instructions referred to above, as appropriate; • tax exempt bonds as defined and permitted by section 148 of the Inter- nal Revenue Code and applicable regulations and only if rated within the two highest classifications as established by at least one of the standard rating services approved by the superintendent of banking by rule adopted pursuant to chapter 17A Code of Iowa; • an investment contract rated within the two highest classifications as established by at least one of the standard rating services approved by the superintendent of banking by rule adopted pursuant to chapter 17A Code of Iowa; and • Iowa Public Agency Investment Trust. ♦ "Program" shall mean the Iowa Water Pollution Control Works Financing Program undertaken by the Original Purchaser; ♦ "Project" shall mean the costs of acquisition, construction, reconstruction, extending, remodeling, improving, repairing and equipping of the System; ♦ "Project Costs" shall mean all engineering fees, archeological surveys, environmental studies, and fees related to a project plan preparation and submission, and other expenses incidental thereto, and also including the costs of issuance of the Note; ♦ "Project Fund" shall mean the Project Fund established by Section 6 of this Resolution; ♦ "Registrar" shall be the City Treasurer, or such successor as may be ap- proved by Issuer as provided herein and who shall carry out the duties pre- scribed herein with respect to maintaining a register of the owners of the Note. Unless otherwise specified, the Registrar shall also act as Transfer Agent for the Note; ♦ "System" shall mean the municipal sewer utility of the Issuer and all prop- erties of every nature hereinafter owned by the Issuer comprising part of or used as a part of the System, including all wastewater treatment facilities, sanitary sewers, force mains, pumping stations and all related property and improvements and extensions made by Issuer while the Note remains out- standing; all real and personal property; and all appurtenances, contracts, leases, franchises and other intangibles; ♦ "Treasurer" shall mean the Director of Finance & Budget or such other officer as shall succeed to the same duties and responsibilities with respect to the recording and payment of the Note issued hereunder. Section 2. Authority. The Agreement and the Note authorized by this Reso- lution shall be issued pursuant to Section 76.13 of the Code of Iowa, and in compliance with all applicable provisions of the Constitution and laws of the State of Iowa. The Agreement shall be substantially in the form attached to this Resolution and is authorized to be executed and issued on behalf of the Issuer by the Mayor and attested by the City Clerk. Section 3. Note Details, Execution, Redemption and Registration. a. Note Details. The Note shall be designated a Sewer Revenue Capital Loan Notes Anticipation Project Note, be dated the date of delivery, in the de- nomination of $1,000 or multiples thereof, and shall at the request of the Orig- inal Purchaser be initially issued as a single Note in the denomination of $970,000 and numbered R-1. The Note shall not bear interest (0%), and shall mature three years from issuance. The City Council hereby finds and deter- mines that it is necessary and advisable to issue said Note pursuant to Section 76.13 of the Code of Iowa, as authorized by the Agreement and this Resolu- tion. b. Execution. The Note shall be executed by the manual or facsimile signa- ture of the Mayor and attested by the manual or facsimile signature of the Clerk, and impressed or imprinted with the seal of the City and shall be fully registered as to both principal and interest as provided in this Resolution; prin- cipal, interest and premium, if any, shall be payable at the office of the Paying Agent by mailing of a check, wire transfer or automated clearing house system transfer to the registered owner of the Note. c. Redemption. The Note may be called for redemption by the Issuer and paid before maturity on any date, from any funds regardless of source, in whole or from time to time in part, in order of maturity and within an annual maturity by lot. Notice of redemption shall be given by U.S. mail to the Original Purchaser (or any other registered owner of the Note). The terms of redemption shall be par, plus accrued interest to date of call. Failure to give such notice by mail to any registered owner or any defect therein shall not affect the validity of any proceedings for the redemption of the Note. The Note is also subject to man- datory redemption to the extent not fully drawn upon. d. Registration. The Note may be registered as to principal and interest on the books of the Note Registrar in the name of the holder and such registration noted on the Note after which no transfer shall be valid until the making of an entry upon the books kept for the registration and transfer of ownership of the Note, and in no other way. The City Treasurer is hereby appointed as Note Registrar under the terms of this Resolution. Registrar shall maintain the books of the Issuer for the registration of ownership of the Note for the payment of principal of and interest on the Note as provided in this Resolution. The Note shall be negotiable as provided in Article 8 of the Uniform Commercial Code subject to the provisions for registration and transfer contained in the Note and in this Resolution. The ownership of any Note may be transferred only upon the Registration Books kept for the registration and transfer of the Note and only upon surren- der thereof at the office of the Registrar together with an assignment duly ex- ecuted by the holder or his duly authorized attorney in fact in such form as shall be satisfactory to the Registrar, along with the address and social security number or federal employer identification number of such transferee (or, if reg- istration is to be made in the name of multiple individuals, of all such transfer- ees). In the event that the address of the registered owner of a Note (other than a registered owner which is the nominee of the broker or dealer in ques- tion) is that of a broker or dealer, there must be disclosed on the Registration Books the information pertaining to the registered owner required above. Upon the transfer of any such Note, a new fully registered Note, of any denomination or denominations permitted by this Resolution in aggregate principal amount equal to the unmatured and unredeemed principal amount of such transferred fully registered Note, and bearing interest at the same rate and maturing on the same date or dates shall be delivered by the Registrar. In all cases of the transfer of the Note, the Registrar shall register, at the earliest practicable time, on the Registration Books, the Note, in accordance with the provisions of this Resolution. As to any Note, the person in whose name the ownership of the same shall be registered on the Registration Books of the Registrar shall be deemed and regarded as the absolute owner thereof for all purposes, and payment of or on account of the principal of any such Note and the premium, if any, and interest thereon shall be made only to or upon the order of the registered owner thereof or his legal representative. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Note, including the interest thereon, to the extent of the sum or sums so paid. A Note which has been redeemed shall not be reissued but shall be can- celled by the Registrar. A Note which is cancelled by the Registrar shall be destroyed and a Certificate of the destruction thereof shall be furnished promptly to the Issuer; provided that if the Issuer shall so direct, the Registrar shall forward the cancelled Note to the Issuer. In the event any payment check, wire, or electronic transfer of funds repre- senting payment of principal of or interest on the Notes is returned to the Pay- ing Agent or if any note is not presented for payment of principal at the maturity or redemption date, if funds sufficient to pay such principal of or interest on Notes shall have been made available to the Paying Agent for the benefit of the owner thereof, all liability of the Issuer to the owner thereof for such interest or payment of such Notes shall forthwith cease, terminate and be completely discharged, and thereupon it shall be the duty of the Paying Agent to hold such funds, without liability for interest thereon, for the benefit of the owner of such Notes who shall thereafter be restricted exclusively to such funds for any claim of whatever nature on his part under this Resolution or on, or with respect to, such interest or Notes. The Paying Agent's obligation to hold such funds shall continue for a period equal to two years and six months following the date on which such interest or principal became due, whether at maturity, or at the date fixed for redemption thereof, or otherwise, at which time the Paying Agent shall surrender any remaining funds so held to the Issuer, whereupon any claim under this Resolution by the Owners of such interest or Notes of whatever nature shall be made upon the Issuer. Section 4. Form of Note. The form of Note shall be substantially as [pro- vided]: Passed and approved this 15th day of February, 2021. Roy D. Buol, Mayor Jennifer M. Larson, Director of Finance and Budget Attest: Adrienne N. Breitfelder, City Clerk RESOLUTION NO. 47-21 APPROVING AND AUTHORIZING A FORM OF INTERIM LOAN AND DIS- BURSEMENT AGREEMENT BY AND BETWEEN THE City of Dubuque AND THE IOWA FINANCE AUTHORITY, AND AUTHORIZING AND PROVIDING FOR THE ISSUANCE AND SECURING THE PAYMENT OF $350,000 SEWER REVENUE CAPITAL LOAN NOTES ANTICIPATION PROJECT NOTE, SERIES 2021 B, OF THE City of Dubuque, IOWA, UNDER THE PROVISIONS OF THE CODE OF IOWA, AND PROVIDING FOR A METHOD OF PAYMENT OF SAID NOTE Whereas, Issuer proposes to issue its Sewer Revenue Capital Loan Notes Anticipation Project Note, Series 2021 B, to the extent of $350,000, for the pur- pose of defraying the costs of the Project hereinafter described; and, it is deemed necessary and advisable and in the best interests of the City that a form of Interim Loan and Disbursement Agreement by and between the City and the Iowa Finance Authority be approved and authorized; and Whereas, the notice of intention of Issuer to take action for the issuance of not to exceed $1,600,000 Sewer Revenue Capital Loan Notes has heretofore been duly published and no objections to such proposed action have been filed. NOW, THEREFORE, BE IT RESOLVED BY THE City Council OF THE City of Dubuque, IN THE COUNTY OF Dubuque, STATE OF IOWA: Section 1. Definitions. The following terms shall have the following mean- ings in this Resolution unless the text expressly or by necessary implication requires otherwise: ♦ "Additional Project Notes" shall mean any project notes or other obliga- tions issued on a parity with the Note in accordance with the provisions of Section 11 hereof; ♦ "Agreement" shall mean an Interim Loan and Disbursement Agreement dated as of the Closing between and among the City and the Original Pur- chaser, relating to the Interim Loan made to the City under the Program; ♦ "City Clerk" shall mean the City Clerk or such other officer of the suc- cessor Governing Body as shall be charged with substantially the same duties and responsibilities; ♦ "Closing" shall mean the date of delivery of the Note to the Original Pur- chaser and the funding of the Interim Loan; ♦ "Corporate Seal" shall mean the official seal of Issuer adopted by the Governing Body; ♦ "Fiscal Year" shall mean the twelve months' period beginning on July 1 of each year and ending on the last day of June of the following year, or any other consecutive twelve-month period adopted by the Governing Body or by law as the official accounting period of the System; provided, that the requirements of a fiscal year as expressed in this Resolution shall exclude any payment of principal or interest falling due on the first day of the fiscal year and include any payment of principal or interest falling due on the first day of the succeeding fiscal year; ♦ "Governing Body" shall mean the Council of the City, or its successor in function with respect to the operation and control of the System; ♦ "Interim Loan" shall mean the principal amount allocated by the Original Purchaser and loaned to the City under the Program, equal in amount to the principal amount of the Note; ♦ "Issuer" and "City" shall mean the City of Dubuque, Iowa; ♦ "Note" shall mean $350,000 Sewer Revenue Capital Loan Notes Antic- ipation Project Note, Series 2021 B, authorized to be issued by this Reso- lution; ♦ "Original Purchaser" shall mean the Iowa Finance Authority, as the pur- chaser of the Note from Issuer at the time of its original issuance; ♦ "Paying Agent" shall be the City Treasurer, or such successor as may be approved by Issuer as provided herein and who shall carry out the du- ties prescribed herein as Issuer's agent to provide for the payment of prin- cipal of and interest on the Notes as the same shall become due; ♦ "Permitted Investments" shall mean: • direct obligations of (including obligations issued or held in book entry form on the books of) the Department of the Treasury of the United States of America; • cash (insured at all times by the Federal Deposit Insurance Corpora- tion or otherwise collateralized with obligations described in the above paragraph); • obligations of any of the following federal agencies which obligations represent full faith and credit of the United States of America, including: - Export - Import Bank - Farm Credit System Financial Assistance Corporation - USDA - Rural Development - General Services Administration - U.S. Maritime Administration - Small Business Administration - Government National Mortgage Association (GNMA) - U.S. Department of Housing & Urban Development (PHA's) - Federal Housing Administration • repurchase agreements whose underlying collateral consists of the investments set out above if the Issuer takes delivery of the collateral either directly or through an authorized custodian. Repurchase agree- ments do not include reverse repurchase agreements; • senior debt obligations rated "AAA" by Standard & Poor's Corporation (S&P) or "Aaa" by Moody's Investors Service Inc. (Moody's) issued by the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation; • U.S. dollar denominated deposit accounts, federal funds and banker's acceptances with domestic commercial banks which have a rating on their short-term certificates of deposit on the date of purchase of "A-1" or "A-1+" by S&P or "P-1" by Moody's and maturing no more than 360 days after the date of purchase (ratings on holding companies are not considered as the rating of the bank); • commercial paper which is rated at the time of purchase in the single highest classification, "A-1+" by S&P or "P-1" by Moody's and which matures not more than 270 days after the date of purchase; • investments in a money market fund rated "AAAm" or "AAAm-G" or better by S&P; • pre -refunded Municipal Obligations, defined as any bonds or other ob- ligations of any state of the United States of America or of any agency, instrumentality or local governmental unit of any such state which are not callable at the option of the obligor prior to maturity or as to which irrevocable instructions have been given by the obligor to call on the date specified in the notice; and (a) which are rated, based on an irrev- ocable escrow account or fund (the "escrow"), in the highest rating cat- egory of S&P or Moody's or any successors thereto; or (b)(i) which are fully secured as to principal and interest and redemption premium, if any, by an escrow consisting only of cash or direct obligations of the Department of the Treasury of the United States of America, which es- crow may be applied only to the payment of such principal of and inter- est and redemption premium, if any, on such bonds or other obligations on the maturity date or dates thereof or the specified redemption date or dates pursuant to such irrevocable instructions, as appropriate; and (ii) which escrow is sufficient, as verified by a nationally recognized in- dependent certified public accountant, to pay principal of and interest and redemption premium, if any, on the bonds or other obligations de- scribed in this paragraph on the maturity date or dates specified in the irrevocable instructions referred to above, as appropriate; • tax exempt bonds as defined and permitted by section 148 of the In- ternal Revenue Code and applicable regulations and only if rated within the two highest classifications as established by at least one of the standard rating services approved by the superintendent of banking by rule adopted pursuant to chapter 17A Code of Iowa; • an investment contract rated within the two highest classifications as established by at least one of the standard rating services approved by the superintendent of banking by rule adopted pursuant to chapter 17A Code of Iowa; and • Iowa Public Agency Investment Trust. ♦ "Program" shall mean the Iowa Water Pollution Control Works Financing Program undertaken by the Original Purchaser; ♦ "Project" shall mean the costs of acquisition, construction, reconstruc- tion, extending, remodeling, improving, repairing and equipping of the Sys- tem; ♦ "Project Costs" shall mean all engineering fees, archeological surveys, environmental studies, and fees related to a project plan preparation and submission, and other expenses incidental thereto, and also including the costs of issuance of the Note; ♦ "Project Fund" shall mean the Project Fund established by Section 6 of this Resolution; ♦ "Registrar" shall be the City Treasurer, or such successor as may be approved by Issuer as provided herein and who shall carry out the duties prescribed herein with respect to maintaining a register of the owners of the Note. Unless otherwise specified, the Registrar shall also act as Trans- fer Agent for the Note; ♦ "System" shall mean the municipal sewer utility of the Issuer and all properties of every nature hereinafter owned by the Issuer comprising part of or used as a part of the System, including all wastewater treatment fa- cilities, sanitary sewers, force mains, pumping stations and all related property and improvements and extensions made by Issuer while the Note remains outstanding; all real and personal property; and all appurte- nances, contracts, leases, franchises and other intangibles; ♦ "Treasurer" shall mean the Director of Finance & Budget or such other officer as shall succeed to the same duties and responsibilities with re- spect to the recording and payment of the Note issued hereunder. Section 2. Authority. The Agreement and the Note authorized by this Reso- lution shall be issued pursuant to Section 76.13 of the Code of Iowa, and in compliance with all applicable provisions of the Constitution and laws of the State of Iowa. The Agreement shall be substantially in the form attached to this Resolution and is authorized to be executed and issued on behalf of the Issuer by the Mayor and attested by the City Clerk. Section 3. Note Details, Execution, Redemption and Registration. a. Note Details. The Note shall be designated a Sewer Revenue Capital Loan Notes Anticipation Project Note, be dated the date of delivery, in the denomination of $1,000 or multiples thereof, and shall at the request of the Original Purchaser be initially issued as a single Note in the denomination of $350,000 and numbered R-1. The Note shall not bear interest (0%), and shall mature three years from issuance. The City Council hereby finds and determines that it is necessary and advisable to issue said Note pursuant to Section 76.13 of the Code of Iowa, as authorized by the Agreement and this Resolution. b. Execution. The Note shall be executed by the manual or facsimile sig- nature of the Mayor and attested by the manual or facsimile signature of the Clerk, and impressed or imprinted with the seal of the City and shall be fully registered as to both principal and interest as provided in this Resolution; principal, interest and premium, if any, shall be payable at the office of the Paying Agent by mailing of a check, wire transfer or automated clearing house system transfer to the registered owner of the Note. c. Redemption. The Note may be called for redemption by the Issuer and paid before maturity on any date, from any funds regardless of source, in whole or from time to time in part, in order of maturity and within an annual maturity by lot. Notice of redemption shall be given by U.S. mail to the Original Purchaser (or any other registered owner of the Note). The terms of redemption shall be par, plus accrued interest to date of call. Failure to give such notice by mail to any registered owner or any defect therein shall not affect the validity of any proceedings for the redemption of the Note. The Note is also subject to mandatory redemption to the extent not fully drawn upon. d. Registration. The Note may be registered as to principal and interest on the books of the Note Registrar in the name of the holder and such reg- istration noted on the Note after which no transfer shall be valid until the making of an entry upon the books kept for the registration and transfer of ownership of the Note, and in no other way. The City Treasurer is hereby appointed as Note Registrar under the terms of this Resolution. Registrar shall maintain the books of the Issuer for the registration of ownership of the Note for the payment of principal of and interest on the Note as provided in this Resolution. The Note shall be negotiable as provided in Article 8 of the Uniform Commercial Code subject to the provisions for registration and transfer contained in the Note and in this Resolution. The ownership of any Note may be transferred only upon the Registration Books kept for the registration and transfer of the Note and only upon sur- render thereof at the office of the Registrar together with an assignment duly executed by the holder or his duly authorized attorney in fact in such form as shall be satisfactory to the Registrar, along with the address and social security number or federal employer identification number of such trans- feree (or, if registration is to be made in the name of multiple individuals, of all such transferees). In the event that the address of the registered owner of a Note (other than a registered owner which is the nominee of the broker or dealer in question) is that of a broker or dealer, there must be disclosed on the Registration Books the information pertaining to the registered owner required above. Upon the transfer of any such Note, a new fully registered Note, of any denomination or denominations permitted by this Resolution in aggregate principal amount equal to the unmatured and unredeemed prin- cipal amount of such transferred fully registered Note, and bearing interest at the same rate and maturing on the same date or dates shall be delivered by the Registrar. In all cases of the transfer of the Note, the Registrar shall register, at the earliest practicable time, on the Registration Books, the Note, in accordance with the provisions of this Resolution. As to any Note, the person in whose name the ownership of the same shall be registered on the Registration Books of the Registrar shall be deemed and regarded as the absolute owner thereof for all purposes, and payment of or on account of the principal of any such Note and the premium, if any, and interest thereon shall be made only to or upon the order of the registered owner thereof or his legal representative. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Note, including the interest thereon, to the extent of the sum or sums so paid. A Note which has been redeemed shall not be reissued but shall be can- celled by the Registrar. A Note which is cancelled by the Registrar shall be destroyed and a Certificate of the destruction thereof shall be furnished promptly to the Issuer; provided that if the Issuer shall so direct, the Regis- trar shall forward the cancelled Note to the Issuer. In the event any payment check, wire, or electronic transfer of funds rep- resenting payment of principal of or interest on the Notes is returned to the Paying Agent or if any note is not presented for payment of principal at the maturity or redemption date, if funds sufficient to pay such principal of or interest on Notes shall have been made available to the Paying Agent for the benefit of the owner thereof, all liability of the Issuer to the owner thereof for such interest or payment of such Notes shall forthwith cease, terminate and be completely discharged, and thereupon it shall be the duty of the Paying Agent to hold such funds, without liability for interest thereon, for the benefit of the owner of such Notes who shall thereafter be restricted exclu- sively to such funds for any claim of whatever nature on his part under this Resolution or on, or with respect to, such interest or Notes. The Paying Agent's obligation to hold such funds shall continue for a period equal to two years and six months following the date on which such interest or prin- cipal became due, whether at maturity, or at the date fixed for redemption thereof, or otherwise, at which time the Paying Agent shall surrender any remaining funds so held to the Issuer, whereupon any claim under this Res- olution by the Owners of such interest or Notes of whatever nature shall be made upon the Issuer. Section 4. Form of Note. The form of Note shall be substantially as [pro- vided]: Passed and approved this 15th day of February, 2021. Roy D. Buol, Mayor Jennifer M. Larson, Director of Finance and Budget Attest: Adrienne N. Breitfelder, City Clerk RESOLUTION NO. 48-21 APPROVING AND AUTHORIZING A FORM OF INTERIM LOAN AND DIS- BURSEMENT AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE AND THE IOWA FINANCE AUTHORITY, AND AUTHORIZING AND PROVIDING FOR THE ISSUANCE AND SECURING THE PAYMENT OF $160,000 SEWER REVENUE CAPITAL LOAN NOTES ANTICIPATION PROJECT NOTE, SERIES 2021C, OF THE CITY OF DUBUQUE, IOWA, UN- DER THE PROVISIONS OF THE CODE OF IOWA, AND PROVIDING FOR A METHOD OF PAYMENT OF SAID NOTE Whereas, Issuer proposes to issue its Sewer Revenue Capital Loan Notes Anticipation Project Note, Series 2021 C, to the extent of $160,000, for the pur- pose of defraying the costs of the Project hereinafter described; and, it is deemed necessary and advisable and in the best interests of the City that a form of Interim Loan and Disbursement Agreement by and between the City and the Iowa Finance Authority be approved and authorized; and Whereas, the notice of intention of Issuer to take action for the issuance of not to exceed $1,600,000 Sewer Revenue Capital Loan Notes has heretofore been duly published and no objections to such proposed action have been filed. NOW, THEREFORE, BE IT RESOLVED BY THE City Council OF THE City of Dubuque, IN THE COUNTY OF Dubuque, STATE OF IOWA: Section 1. Definitions. The following terms shall have the following mean- ings in this Resolution unless the text expressly or by necessary implication requires otherwise: ♦ "Additional Project Notes" shall mean any project notes or other obliga- tions issued on a parity with the Note in accordance with the provisions of Section 11 hereof; ♦ "Agreement" shall mean an Interim Loan and Disbursement Agreement dated as of the Closing between and among the City and the Original Pur- chaser, relating to the Interim Loan made to the City under the Program; ♦ "City Clerk" shall mean the City Clerk or such other officer of the suc- cessor Governing Body as shall be charged with substantially the same duties and responsibilities; ♦ "Closing" shall mean the date of delivery of the Note to the Original Pur- chaser and the funding of the Interim Loan; ♦ "Corporate Seal" shall mean the official seal of Issuer adopted by the Governing Body; ♦ "Fiscal Year" shall mean the twelve months' period beginning on July 1 of each year and ending on the last day of June of the following year, or any other consecutive twelve-month period adopted by the Governing Body or by law as the official accounting period of the System; provided, that the requirements of a fiscal year as expressed in this Resolution shall exclude any payment of principal or interest falling due on the first day of the fiscal year and include any payment of principal or interest falling due on the first day of the succeeding fiscal year; ♦ "Governing Body" shall mean the Council of the City, or its successor in function with respect to the operation and control of the System; ♦ "Interim Loan" shall mean the principal amount allocated by the Original Purchaser and loaned to the City under the Program, equal in amount to the principal amount of the Note; ♦ "Issuer" and "City" shall mean the City of Dubuque, Iowa; ♦ "Note" shall mean $160,000 Sewer Revenue Capital Loan Notes Antic- ipation Project Note, Series 2021 C, authorized to be issued by this Reso- lution; ♦ "Original Purchaser" shall mean the Iowa Finance Authority, as the pur- chaser of the Note from Issuer at the time of its original issuance; ♦ "Paying Agent" shall be the City Treasurer, or such successor as may be approved by Issuer as provided herein and who shall carry out the du- ties prescribed herein as Issuer's agent to provide for the payment of prin- cipal of and interest on the Notes as the same shall become due; ♦ "Permitted Investments" shall mean: • direct obligations of (including obligations issued or held in book entry form on the books of) the Department of the Treasury of the United States of America; • cash (insured at all times by the Federal Deposit Insurance Corpora- tion or otherwise collateralized with obligations described in the above paragraph); • obligations of any of the following federal agencies which obligations represent full faith and credit of the United States of America, including: - Export - Import Bank - Farm Credit System Financial Assistance Corporation - USDA - Rural Development - General Services Administration - U.S. Maritime Administration - Small Business Administration - Government National Mortgage Association (GNMA) - U.S. Department of Housing & Urban Development (PHA's) - Federal Housing Administration • repurchase agreements whose underlying collateral consists of the investments set out above if the Issuer takes delivery of the collateral either directly or through an authorized custodian. Repurchase agree- ments do not include reverse repurchase agreements; • senior debt obligations rated "AAA" by Standard & Poor's Corporation (S&P) or "Aaa" by Moody's Investors Service Inc. (Moody's) issued by the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation; • U.S. dollar denominated deposit accounts, federal funds and banker's acceptances with domestic commercial banks which have a rating on their short-term certificates of deposit on the date of purchase of "A-1" or "A-1+" by S&P or "P-1" by Moody's and maturing no more than 360 days after the date of purchase (ratings on holding companies are not considered as the rating of the bank); • commercial paper which is rated at the time of purchase in the single highest classification, "A-1+" by S&P or "P-1" by Moody's and which matures not more than 270 days after the date of purchase; • investments in a money market fund rated "AAAm" or "AAAm-G" or better by S&P; • pre -refunded Municipal Obligations, defined as any bonds or other ob- ligations of any state of the United States of America or of any agency, instrumentality or local governmental unit of any such state which are not callable at the option of the obligor prior to maturity or as to which irrevocable instructions have been given by the obligor to call on the date specified in the notice; and (a) which are rated, based on an irrev- ocable escrow account or fund (the "escrow"), in the highest rating cat- egory of S&P or Moody's or any successors thereto; or (b)(i) which are fully secured as to principal and interest and redemption premium, if any, by an escrow consisting only of cash or direct obligations of the Department of the Treasury of the United States of America, which es- crow may be applied only to the payment of such principal of and inter- est and redemption premium, if any, on such bonds or other obligations on the maturity date or dates thereof or the specified redemption date or dates pursuant to such irrevocable instructions, as appropriate; and (ii) which escrow is sufficient, as verified by a nationally recognized in- dependent certified public accountant, to pay principal of and interest and redemption premium, if any, on the bonds or other obligations de- scribed in this paragraph on the maturity date or dates specified in the irrevocable instructions referred to above, as appropriate; • tax exempt bonds as defined and permitted by section 148 of the In- ternal Revenue Code and applicable regulations and only if rated within the two highest classifications as established by at least one of the standard rating services approved by the superintendent of banking by rule adopted pursuant to chapter 17A Code of Iowa; • an investment contract rated within the two highest classifications as established by at least one of the standard rating services approved by the superintendent of banking by rule adopted pursuant to chapter 17A Code of Iowa; and • Iowa Public Agency Investment Trust. ♦ "Program" shall mean the Iowa Water Pollution Control Works Financing Program undertaken by the Original Purchaser; ♦ "Project" shall mean the costs of acquisition, construction, reconstruc- tion, extending, remodeling, improving, repairing and equipping of the Sys- tem; ♦ "Project Costs" shall mean all engineering fees, archeological surveys, environmental studies, and fees related to a project plan preparation and submission, and other expenses incidental thereto, and also including the costs of issuance of the Note; ♦ "Project Fund" shall mean the Project Fund established by Section 6 of this Resolution; ♦ "Registrar" shall be the City Treasurer, or such successor as may be approved by Issuer as provided herein and who shall carry out the duties prescribed herein with respect to maintaining a register of the owners of the Note. Unless otherwise specified, the Registrar shall also act as Trans- fer Agent for the Note; ♦ "System" shall mean the municipal sewer utility of the Issuer and all properties of every nature hereinafter owned by the Issuer comprising part of or used as a part of the System, including all wastewater treatment fa- cilities, sanitary sewers, force mains, pumping stations and all related property and improvements and extensions made by Issuer while the Note remains outstanding; all real and personal property; and all appurte- nances, contracts, leases, franchises and other intangibles; ♦ "Treasurer" shall mean the Director of Finance & Budget or such other officer as shall succeed to the same duties and responsibilities with re- spect to the recording and payment of the Note issued hereunder. Section 2. Authority. The Agreement and the Note authorized by this Reso- lution shall be issued pursuant to Section 76.13 of the Code of Iowa, and in compliance with all applicable provisions of the Constitution and laws of the State of Iowa. The Agreement shall be substantially in the form attached to this Resolution and is authorized to be executed and issued on behalf of the Issuer by the Mayor and attested by the City Clerk. Section 3. Note Details, Execution, Redemption and Registration. a. Note Details. The Note shall be designated a Sewer Revenue Capital Loan Notes Anticipation Project Note, be dated the date of delivery, in the de- nomination of $1,000 or multiples thereof, and shall at the request of the Orig- inal Purchaser be initially issued as a single Note in the denomination of $160,000 and numbered R-1. The Note shall not bear interest (0%), and shall mature three years from issuance. The City Council hereby finds and deter- mines that it is necessary and advisable to issue said Note pursuant to Section 76.13 of the Code of Iowa, as authorized by the Agreement and this Resolu- tion. b. Execution. The Note shall be executed by the manual or facsimile signa- ture of the Mayor and attested by the manual or facsimile signature of the Clerk, and impressed or imprinted with the seal of the City and shall be fully registered as to both principal and interest as provided in this Resolution; prin- cipal, interest and premium, if any, shall be payable at the office of the Paying Agent by mailing of a check, wire transfer or automated clearing house system transfer to the registered owner of the Note. c. Redemption. The Note may be called for redemption by the Issuer and paid before maturity on any date, from any funds regardless of source, in whole or from time to time in part, in order of maturity and within an annual maturity by lot. Notice of redemption shall be given by U.S. mail to the Original Purchaser (or any other registered owner of the Note). The terms of redemption shall be par, plus accrued interest to date of call. Failure to give such notice by mail to any registered owner or any defect therein shall not affect the validity of any proceedings for the redemption of the Note. The Note is also subject to man- datory redemption to the extent not fully drawn upon. d. Registration. The Note may be registered as to principal and interest on the books of the Note Registrar in the name of the holder and such registration noted on the Note after which no transfer shall be valid until the making of an entry upon the books kept for the registration and transfer of ownership of the Note, and in no other way. The City Treasurer is hereby appointed as Note Registrar under the terms of this Resolution. Registrar shall maintain the books of the Issuer for the registration of ownership of the Note for the payment of principal of and interest on the Note as provided in this Resolution. The Note shall be negotiable as provided in Article 8 of the Uniform Commercial Code subject to the provisions for registration and transfer contained in the Note and in this Resolution. The ownership of any Note may be transferred only upon the Registration Books kept for the registration and transfer of the Note and only upon surren- der thereof at the office of the Registrar together with an assignment duly ex- ecuted by the holder or his duly authorized attorney in fact in such form as shall be satisfactory to the Registrar, along with the address and social security number or federal employer identification number of such transferee (or, if reg- istration is to be made in the name of multiple individuals, of all such transfer- ees). In the event that the address of the registered owner of a Note (other than a registered owner which is the nominee of the broker or dealer in ques- tion) is that of a broker or dealer, there must be disclosed on the Registration Books the information pertaining to the registered owner required above. Upon the transfer of any such Note, a new fully registered Note, of any denomination or denominations permitted by this Resolution in aggregate principal amount equal to the unmatured and unredeemed principal amount of such transferred fully registered Note and bearing interest at the same rate and maturing on the same date or dates shall be delivered by the Registrar. In all cases of the transfer of the Note, the Registrar shall register, at the earliest practicable time, on the Registration Books, the Note, in accordance with the provisions of this Resolution. As to any Note, the person in whose name the ownership of the same shall be registered on the Registration Books of the Registrar shall be deemed and regarded as the absolute owner thereof for all purposes, and payment of or on account of the principal of any such Note and the premium, if any, and interest thereon shall be made only to or upon the order of the registered owner thereof or his legal representative. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Note, including the interest thereon, to the extent of the sum or sums so paid. A Note which has been redeemed shall not be reissued but shall be can- celled by the Registrar. A Note which is cancelled by the Registrar shall be destroyed and a Certificate of the destruction thereof shall be furnished promptly to the Issuer; provided that if the Issuer shall so direct, the Registrar shall forward the cancelled Note to the Issuer. In the event any payment check, wire, or electronic transfer of funds repre- senting payment of principal of or interest on the Notes is returned to the Pay- ing Agent or if any note is not presented for payment of principal at the maturity or redemption date, if funds sufficient to pay such principal of or interest on Notes shall have been made available to the Paying Agent for the benefit of the owner thereof, all liability of the Issuer to the owner thereof for such interest or payment of such Notes shall forthwith cease, terminate and be completely discharged, and thereupon it shall be the duty of the Paying Agent to hold such funds, without liability for interest thereon, for the benefit of the owner of such Notes who shall thereafter be restricted exclusively to such funds for any claim of whatever nature on his part under this Resolution or on, or with respect to, such interest or Notes. The Paying Agent's obligation to hold such funds shall continue for a period equal to two years and six months following the date on which such interest or principal became due, whether at maturity, or at the date fixed for redemption thereof, or otherwise, at which time the Paying Agent shall surrender any remaining funds so held to the Issuer, whereupon any claim under this Resolution by the Owners of such interest or Notes of whatever nature shall be made upon the Issuer. Section 4. Form of Note. The form of Note shall be substantially as follows: Passed and approved this 15th day of February, 2021. Roy D. Buol, Mayor Jennifer M. Larson, Director of Finance and Budget Attest: Adrienne N. Breitfelder, City Clerk PUBLIC INPUT Due to the COVID-19 pandemic and mandates for social distancing, public input was made available through GoToMeeting chat function, City Council and City Clerk email accounts, and the City of Dubuque's Facebook Live page. Staff stated that no online public input was received. ACTION ITEMS 1. Set Public Hearing for Resolution Establishing Maximum Property Tax Dollars for Fiscal Year 2022: City Manager recommended the Fiscal Year 2022 Resolution Establishing Maximum Property Tax Dollars be set for public hear- ing on March 1, 2021. Motion by Resnick to receive and file the documents, adopt the resolution, set the public hearing as indicated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Roussell. City Clerk Breitfelder stated for the record that City Council received updated information regarding this agenda item on February 15, 2021, and the updated information was uploaded to the agenda. City Manager Van Milligen provided information on both his initial and updated recommendation to City Council. City Manager Van Milligen responded to questions from the City Council regarding how the budget relates to Council's goals, the purpose of the General Reserve Fund, the State of Iowa's recent change to the amount that multi -residential proper- ties are assessed, and the City's plan to not add to the reserve fund this year. Jennifer Larson, Director of Finance and Budget, responded to a question from the City Council regarding when the 2021 revaluation of property values would impact taxes. City Council requested clarification on whether they would be able to lower the assessed value rate after this Council meeting and if the current motion needed to be amended to state the assessed value. City Man- ager Van Milligen stated that Council would only be able to lower the assessed value rate after this meeting. City Clerk Breitfelder stated that the current res- olution and motion specify setting the date of the public hearing. Council Mem- ber Resnick amended his motion to receive and file the documents, adopt Resolution No. 49-21 Setting a public hearing on the Fiscal Year 2022 maxi- mum property tax dollars for the affected tax levy total, set the public hearing as indicated, direct the City Clerk to publish notice as prescribed by law, and set the property tax rate per the revised recommendation at $9.98607. Se- conded by Roussell. Motion failed 2-5 with Lynch, Cavanagh, Jones, Sprank and Buol voting nay. Motion by Jones to receive and file the documents, adopt Resolution No. 49-21, set the public hearing as indicated, direct the City Clerk to publish notice as prescribed by law, and set the property tax rate at $10.0496. Seconded by Cavanagh. Motion carried 5-2 with Resnick and Rous- sell voting nay. The adoption of the resolution sets a public hearing for a meet- ing to commence at 6:30 p.m. on March 1, 2021. RESOLUTION NO. 49-21 SETTING A PUBLIC HEARING ON THE FISCAL YEAR 2022 MAXIMUM PROPERTY TAX DOLLARS FOR THE AFFECTED TAX LEVY TOTAL Whereas, pursuant to State of Iowa SF634, the City of Dubuque is required to hold a public hearing to consider the proposed Fiscal Year 2022 city maxi- mum property tax dollars for the affected levy total; and Whereas, the notice of hearing must be published not less than 10 days and not more than 20 days prior to the date of the hearing; and Whereas, at said hearing, the City Council is required to pass a resolution adopting the fiscal year maximum property tax dollars for the affected levy to- tal. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The Dubuque City Council will conduct a public hearing on March 1, 2021 at 6:30 p.m. virtually. Section 2. The Director of Finance and Budget is hereby directed to prepare a Resolution of Maximum Property Tax Dollars for the Affected Tax Levy Total with the required information pursuant to SF634. Section 3. The City Clerk is hereby directed to publish the notice of public hearing pursuant to SF634. Passed, adopted and approved this 15th day of February 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk [Due to the ongoing COVID-19 pandemic, the City Council will meet virtually through GoToMeeting. The official agenda will be posted on Friday prior to the meeting and will contain listening, viewing, and public input options. The City Council agenda can be accessed at https://cityofdubuque.novu- sagenda.com/AgendaPublic/ or by contacting the City Clerk's Office at 563- 589-4100, ctyclerk@cityofdubuque.org.] 2. Community Development Block Grant (CDBG) Microenterprise Funds: Grant Administration Agreement for the Low- and Moderate -Income (LMI) Business Assistance Grant Program: City Manager recommended approval of a Grant Administration Agreement with The Fountain of Youth Program to ad- minister a grant program using Community Development Block Grant (CDBG) Microenterprise funding for the benefit of existing businesses operated by low - and moderate -income individuals in the City of Dubuque. Motion by Resnick to receive and file the documents and adopt Resolution No. 50-21 Approving a Grant Administration Agreement with The Fountain of Youth Program to ad- minister the Low- And Moderate -Income Small Business Assistance Grant Program. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 50-21 APPROVING A GRANT ADMINISTRATION AGREEMENT WITH THE FOUNTAIN OF YOUTH PROGRAM TO ADMINISTER THE LOW- AND MODERATE -INCOME SMALL BUSINESS ASSISTANCE GRANT PRO- GRAM Whereas, Community Development Block Grant funds (the Funds) have been allocated for the purpose of supporting microenterprises within the city of Dubuque which are owned by low- to moderate -income individuals; and Whereas, the Community Development Advisory Commission (the Com- mission) has purview over the use of the Funds; and Whereas, the Commission has reviewed and approved the use of the Funds in the City of Dubuque Small Business Assistance Grant Program (the Grant); and Whereas, The Fountain of Youth Program has the infrastructure necessary to administer the Grant; and Whereas, the City Council finds that it is in the interests of the City of Dubu- que to approve the Grant Administration Agreement with The Fountain of Youth Program to administer the Grant. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA- Section 1. That the Grant Administration Agreement between the City of Dubuque, Iowa, and The Fountain of Youth Program, a copy of which is at- tached hereto, is hereby approved. Section 2. That the Mayor is hereby authorized and directed to execute the Grant Administration Agreement on behalf of the City of Dubuque and the City Clerk is authorized and directed to attest to his signature. Section 3. That the City Manager is authorized to take such actions as are necessary to comply with the terms of the Grant Administration Agreement. Passed, approved and adopted this 15th day of February, 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 3. Long Range Planning Advisory Commission and Housing Commission Membership Ordinance Modifications: City Manager recommended City Council approval of two ordi- nances for cross representation on the Long -Range Planning Advisory Commission and Housing Commission. Motion by Jones to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Resnick. Responding to a question from the City Council regarding the Housing Trust Fund Advisory Commission, City Attorney Brumwell stated that the City is looking to trans- fer the commission to a non-profit. Once this transition is confirmed, there will be further changes to the Code regarding the Commission. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 4-21 Amending City of Dubuque Code of Ordinances Title 15 Planning and Zoning, Chapter 2 Long Range Planning Advisory Commission, Sections 15-2-5 Membership and 15-2- 7 Terms and Ordinance No. 5-21 Amending City of Dubuque Code of Ordinances Title 2 Boards and Commissions, Chapter 5 Housing Agency and Community Development Commis- sions, Article B Housing Commission, Sections 2-513-5 Membership And 2-513-7 Terms. Seconded by Resnick. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 4-21 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 15 PLANNING AND ZONING, CHAPTER 2 LONG RANGE PLANNING ADVISORY COMMISSION, SEC- TIONS 15-2-5 MEMBERSHIP AND 15-2-7 TERMS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 15-2-5 of the City of Dubuque Code of Ordinances is amended to read as follows: 15-2-5: Membership: A. Composition: The commission comprises seven (7) residents of the city, appointed by the city council. B. Age: Residents must be eighteen (18) years of age or older. C. Qualifications: 1. All members must be qualified by their knowledge, experience, and ability to con- tribute to the city's long-range planning and development efforts. 2. Cross -representation. One (1) member must be appointed by and from the mem- bership of the Housing Commission, with concurrence of the city council. Section 2. Section 15-2-7 of the City of Dubuque Code of Ordinances is amended to read as follows: 15-2-7: Terms: The term of office for commissioners is three (3) years or until such commissioner's successor is appointed and qualified. The term of the cross -representative appointee to the Long -Range Planning Advisory Commission must coincide with their term on the Housing Commission. Section 3. This ordinance shall take effect upon publication. Passed, approved, and adopted this 15th day of February, 2021. /s/Roy D. Buol, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 19th day of February 2021. /s/Adrienne N. Breitfelder, City Clerk OFFICIAL PUBLICATION ORDINANCE NO. 5-21 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 2 BOARDS AND COMMISSIONS, CHAPTER 5 HOUSING AGENCY AND COMMUNITY DEVELOP- MENT COMMISSIONS, ARTICLE B HOUSING COMMISSION, SECTIONS 2-513-5 MEMBERSHIP AND 2-513-7 TERMS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 2-513-5 of the City of Dubuque Code of Ordinances is amended to read as follows: 2-513-5: Membership: A. Number: The commission comprises ten (10) residents of the city. B. Age: Residents must be eighteen (18) years of age or older. C. Special Qualifications: 1. At least three (3) members must be selected specifically on the basis of experi- ence in real estate development, banking, finance, accounting, funds manage- ment, or other related areas of expertise. 2. One (1) member must be a person who is a recipient of tenant based rental assistance under section 8 of the United States housing act of 1937, whose name appears on a lease of section 8 property. If such member ceases to be a recipient of rental assistance under section 8, the term of such member is deemed termi- nated and a new member who meets the requirements of this subsection must be appointed for the remainder of the term. 3. The remaining members are at -large members. 4. Cross -representation. a. One (1) member must be appointed by the commission, with city council ap- proval, to serve on the community development advisory commission. b. One (1) member must be appointed by the commission, with city council con- currence, to serve on the long-range planning advisory commission. Section 2. Section 15-2-7 of the City of Dubuque Code of Ordinances is amended to read as follows: 2-5B-7: Terms: The term of office for commissioners is three (3) years or until such commissioner's successor is appointed and qualified. The terms of the cross -representative appoin- tees to the community development advisory commission and the long-range plan- ning advisory commission must coincide with their terms on the housing commission. Section 3. This ordinance shall take effect upon publication. Passed, approved, and adopted this 15th day of February, 2021. /s/Roy D. Buol, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 19th day of February 2021. /s/Adrienne N. Breitfelder, City Clerk 4. 2020 Equity Report and 2021-2023 Equity Plan: City Manager transmitted the 2020 Equity Report and the 2021-2023 Equity Plan. Motion by Roussell to receive and file the information and view the presentation. Seconded by Cavanagh. Human Rights Director Kelly Larson and Organizational Equity Coordinator Collins Eboh provided a presentation on the Equity Report. Topics included: community equity areas; leading with race; 2020 major accomplishments; City of Dubuque 2021-2023 equity plan; equitable fine and fee reform; municipal internships; and support for minority owned businesses. Responding to a question from City Council regarding the areas of the plan that Council and City staff should prioritize, Ms. Larson stated that fine and fee reform and data analysis for equity indicators were high priority areas of the plan. Motion carried 7-0. 5. Resilient Community Advisory Commission Letter: City Manager transmitted corre- spondence from the Resilient Community Advisory Commission regarding the Climate Action Plan. Motion by Cavanagh to receive and file the information. Seconded by Jones. City Council discussed their interest in determining how to better utilize the diverse ex- pertise of the commissioners, the suggestions in the City Manager's memo serving as good areas of direction for the commission, and suggesting the commission participate in the City's budget hearings to provide input on allocating funds. City Manager Van Milligen stated the commission has an opportunity to educate the public on resiliency and sug- gested the commission work with businesses, schools, and other entities to provide the community with a better understanding of resiliency. Motion carried 7-0. 6. 2021 Federal Legislative Priorities: City Manager recommended City Council adop- tion of the 2021 Federal Legislative Priorities. Motion by Cavanagh to receive and file the information and approve the priorities. Seconded by Roussell. City Manager Van Milligen introduced former Assistant City Manager Teri Goodmann. Ms. Goodmann provided a high-level summary of the priorities based on her volunteer work with Department Man- agers and partners to develop the priorities. Motion carried 7-0. COUNCIL MEMBER REPORTS Mayor Buol advised citizens to continue following health guidelines and stay healthy. There being no further business, Mayor Buol declared the meeting adjourned at 9.01 p.m. /s/Adrienne N. Breitfelder, City Clerk