4 05 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 5:30 p.m. on April 5, 2021.
Due to the COVID-19 pandemic and mandates for social distancing, this meeting was
conducted virtually via GoToMeeting and aired live on CityChannel Dubuque (Mediacom
cable channels 8 and 117.2), streamed live on the City's website at www.citvofdubu-
que.orq/media, and streamed live on the City's Facebook page at www.face-
book.com/cityofdu bug ue.
Present: Mayor Buol; Council Members Cavanagh, Farber, Jones, 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 a work session on the COVID-19 Pandemic Monthly Up-
date.
WORK SESSION
COVID-19 PANDEMIC MONTHLY UPDATE
City staff and network partners provided updates on the internal and community -facing
responses to the COVID-19 pandemic.
• Community COVID-19 Update & Communication Response: Mary Rose Corrigan,
Public Health Specialist and Alexis Steger, Housing & Community Development Di-
rector
• Update on vaccine distribution, including GRC POD, call center and outreach to
marginalized communities: Rick Steines, Fire Chief; Cori Burbach, Assistant City
Manager; and Kelly Larson, Human Rights Director
• American Rescue Plan Update: Teri Goodmann, Director of Strategic Partnerships
• Community Partner Presentations: Jenna Manders, Director of Strategic Relations
at the Community Foundation of Greater Dubuque. Rick Dickinson, President/CEO
of Greater Dubuque Development Corporation was also on the call to answer any
questions.
There being no further business, Mayor Buol declared the meeting adjourned at 6:07
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 April 5, 2021.
Due to the COVID-19 pandemic and mandates for social distancing, this meeting was
conducted virtually and aired live on CityChannel Dubuque (Mediacom cable channels 8
and 117.2), streamed live on the City's website at www.citvofdubuque.org/media, and
streamed live on the City's Facebook page at www.facebook.com/citvofdubugue.
Present: Mayor Buol; Council Members Cavanagh, Farber, Jones, 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. Autism Acceptance Month Proclamation (April 2021) was accepted by Laura
Keehner, Director of Autism Services for Hills and Dales.
2. Sexual Assault Awareness Month Proclamation (April 2021) was accepted by Kar-
lene Clark, Sexual Assault Advocate for the Riverview Center.
3. National Animal Care and Control Appreciation Week Proclamation (April 11-17,
2021) was accepted by McKinzie Flanagan, Animal Control Officer for the City of Dubu-
que Health Services Department.
4. Girl Scout Tree Promise Day Proclamation (April 22, 2021) was accepted by Nellie
Welsh, Dubuque Regional Program Manager for the Girl Scouts of Eastern Iowa and
Western Illinois.
5. Arbor Day Proclamation (April 30, 2021) was accepted by Hobie Woods, Vice Pres-
ident of Dubuque Trees Forever.
CONSENT ITEMS
Council Member Farber requested Item Nos. 10 and 11 be held for separate discus-
sion. Motion by Resnick to receive and file the documents, adopt the resolutions, and
dispose of as indicated, except for Item Nos. 10 and 11. Seconded by Roussell. Motion
carried 7-0.
1. Minutes and Reports Submitted: City Council Proceedings of 3/3, 3/4, 3/8, 3/9, 3/11,
3/15, 3/22, and 3/24; Arts and Cultural Affairs Commission of 2/23; Civil Service Commis-
sion of 3/15; Community Development Advisory Commission of 3/2 and 3/17; Historic
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Preservation Commission of 3/18; Housing Commission of 3/23; Proof of Publication for
City Council Proceedings of 3/1, 3/3, 3/4, 3/8, 3/9, and 3/11; Proof of Publication for List
of Claims and Summary of Revenues for the Month Ended February 28, 2021. Upon
motion the documents were received and filed.
2. Notice of Claims and Suits: Clyde Kay for vehicle damage, Jaylin Inc. for property
damage. Upon motion the documents were received, filed, and referred to the City Attor-
ney.
3. Disposition of Claims: City Attorney advising that the following claims have been
referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities As-
surance Pool: Clyde Kay for vehicle damage, Jaylin Inc. for property damage. Upon mo-
tion 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. 90-21 Authorizing the Director of Finance and Budget/City Treasurer
to make certain payments of bills that must be paid and approved for payment in accord-
ance with City procedures was adopted.
RESOLUTION NO. 90-21
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 account of all disbursements,
money, or property, specifying date, to whom, and from what fund paid; and
Whereas, the invoices, presented by those firms and persons providing such goods
and services have been pre -audited by Finance Department personnel in accordance
with generally accepted internal control procedures and have been determined to have
been requisitioned for a lawful municipal purpose; and
Whereas, the Finance Director -City Treasurer has provided a list of Expenditures at-
tached hereto, and by this reference made a part hereof, to be drawn to pay for goods
and services provided for City purposes; and
Whereas, the City Council of the City of Dubuque has heretofore, by Resolution 142-
18 adopted May 7, 2018, authorized the Finance Director -City Treasurer to issue checks
in payment of certain expenditures known as Exception Expenditures prior to City Council
approval and such list is attached hereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The Finance Director -City Treasurer is hereby authorized to issue payment
for goods and services provided for City purposes in response to the purchase orders
and contracts issued in compliance with state and municipal code requirements as re-
quested by designated requisitioning authorities in accordance with approved budget ap-
propriations.
Section 2. In accordance with Iowa Code Section 372.13(6), the City Clerk and Finance
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Director are hereby authorized and directed to provide the statement of receipts and dis-
bursements to the City Council, and to publish a summary thereof.
Passed, approved, and adopted this 5t" day of April 2021.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
5. Minority -Owned Business Support - Efforts and Partnerships: City Manager provided
an update on City efforts to support minority owned businesses in Dubuque through pro-
gramming and partnerships. Upon motion the documents were received and filed.
6. State of Iowa Business Financial Assistance Contract by and among Simmons Pet
Food, Inc., the City of Dubuque, and the Iowa Economic Development Authority: City
Manager recommended approval of an Economic Development Assistance Contract by
and among Simmons Pet Food, Inc., the City of Dubuque, and the Iowa Economic De-
velopment Authority for the expansion of Simmons Pet Food, Inc.'s operations in the City
of Dubuque. Upon motion the documents were received and filed, and Resolution No. 91-
21 Approving the contract for State Business Financial Assistance by and among Sim-
mons Pet Food, Inc., the City of Dubuque, Iowa, and the Iowa Economic Development
Authority was adopted.
RESOLUTION NO. 91-21
APPROVING THE CONTRACT FOR STATE BUSINESS FINANCIAL ASSISTANCE
BY AND AMONG SIMMONS PET FOOD, INC., THE CITY OF DUBUQUE, IOWA, AND
THE IOWA ECONOMIC DEVELOPMENT AUTHORITY
Whereas, Simmons Pet Food, Inc. is an Arkansas corporation operating a global work-
force of seven thousand three hundred fifty employees; and
Whereas, Simmons Pet Food, Inc. has proposed making a nearly Eighty Million Dollar
($80,000,000.00) investment in building purchase and improvements, equipment pur-
chase, and site acquisition and development in the City of Dubuque which will allow the
creation of two hundred seventy-one (271) full-time jobs in the City (the Project); and
Whereas, the City Council of the City of Dubuque, Iowa has considered the proposal
and has determined that the proposed Project will contribute to the local economy; and
Whereas, financial assistance from the Iowa Economic Development Authority is de-
signed to assist in the economic development efforts of local jurisdictions; and
Whereas, the Iowa Economic Development Authority has requested execution of an
Economic Development Assistance Contract in order to finalize incentives and document
associated terms for the improvements of Simmons Pet Food, Inc. for the proposed Pro-
ject; and
Whereas, the City Council finds that approval by the City of Dubuque of Economic
Development Assistance Contract 21-HQJP-017 between and among Simmons Pet
Food, Inc., the City of Dubuque, and the Iowa Economic Development Authority, a copy
of which is attached hereto, is in the best interest of the City of Dubuque.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Economic Development Assistance Contract 21-HQJP-017 is hereby
approved.
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Section 2. That the Mayor is hereby authorized to execute and the City Manager is
hereby directed to submit the Economic Development Assistance Contract 21-HQJP-017
to the Iowa Economic Development Authority together with such other documents as may
be required.
Passed, approved, and adopted this 5t" day of April 2021.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
7. Nomination of Voices Studios for Lowes' 100 Hometown Funding Opportunity: City
Manager recommended support for the nomination of the Voices Productions' Voices
Studio project for the Lowe's 100 Hometown funding opportunity to be used for renovation
of their recently purchased property at 1585 Central Avenue. Upon motion the documents
were received, filed, and approved.
8. Proceedings to Complete Action on Issuance of $22,138,000 General Obligation
Annual Appropriation Refunding Capital Loan Notes, Series 2021: City Manager recom-
mended approval of the suggested proceedings to complete action required on the
$22,138,000 General Obligation Annual Appropriation Refunding Capital Loan Notes pre-
pared by Bond Counsel and to present a resolution for City Council to adopt. Upon motion
the documents were received and filed, and Resolution No. 92-21 Approving and author-
izing a form of 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 payment of $22,138,000 General Obligation Annual Appropriation Refunding
Capital Loan Notes, Series 2021, and providing for a method of payment of said Notes;
Approval of the Tax Exemption Certificate was adopted.
RESOLUTION NO. 92-21
APPROVING AND AUTHORIZING A FORM OF LOAN AND DISBURSEMENT AGREE-
MENT BY AND BETWEEN THE CITY OF DUBUQUE, IOWA AND THE IOWA FINANCE
AUTHORITY, AND AUTHORIZING AND PROVIDING FOR THE ISSUANCE AND SE-
CURING THE PAYMENT OF $22,138,000 GENERAL OBLIGATION ANNUAL APPRO-
PRIATION REFUNDING CAPITAL LOAN NOTES, SERIES 2021, OF THE CITY OF
DUBUQUE, IOWA, UNDER THE PROVISIONS OF THE CODE OF IOWA, AND
PROVIDING FOR A METHOD OF PAYMENT OF SAID NOTES; APPROVAL OF THE
TAX EXEMPTION CERTIFICATE
Whereas, the Issuer is duly incorporated, organized and exists under and by virtue of
the laws and Constitution of the State of Iowa; and
Whereas, the Issuer is in need of funds to pay costs associated with the settlement,
adjustment, renewing, or extension of any part or all of the legal indebtedness of a city,
whether evidenced by bonds, warrants, or judgments, or the funding or refunding of the
same, including the Stormwater Revenue Capital Loan Notes, Series 2015B, dated June
19, 2015, and amended September 8, 2017, and it is deemed necessary and advisable
that a form of Loan Agreement be approved and authorized and General Obligation An-
nual Appropriation Refunding Capital Loan Notes, Series 2021, in the amount of
$22,138,000 be issued for said purpose; and
Whereas, pursuant to notice published as required by Sections 384.24, 384.24A and
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384.25 of the City Code of Iowa, as amended, this Council has held a public meeting and
hearing upon the proposal to institute proceedings for the issuance of the Notes, and the
Council is therefore now authorized to proceed with the issuance of the Notes; and
Whereas, the Notes are subject to the right of Non -appropriation by the City Council in
each fiscal year.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Definitions. The following terms shall have the following meanings in this
Resolution unless the text expressly or by necessary implication requires otherwise:
Annual Appropriation" shall mean the affirmative, discretionary act of the City Council of
Dubuque, Iowa, the process for such act as is set out in Section 3 of this Resolution.
• "Agreement" shall mean a Loan and Disbursement Agreement dated as of the Clos-
ing between and among the City and the Original Purchaser, relating to the Loan
made to the City under the Program.
• "Closing" shall mean the date of delivery of the Note to the Original Purchaser and
the funding of the Loan by the Original Purchaser.
• "Department" shall mean the Iowa Department of Natural Resources.
• "Issuer" and "City" shall mean the City of Dubuque, Iowa.
• "Loan" shall mean the principal amount allocated by the Original Purchaser to the
City under the Program, equal in amount to the principal amount of the Notes.
• "Non -appropriation" shall mean the absence of an Annual Appropriation.
• "Notes" shall mean $22,138,000 General Obligation Annual Appropriation Refund-
ing Capital Loan Notes, Series 2021, authorized to be issued by this Resolution.
• "Original Purchaser" shall mean the Iowa Finance Authority, as the purchaser of the
Notes from Issuer at the time of their original issuance.
• "Paying Agent" shall mean the Director of Finance & Budget, 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.
• "Program" shall mean the Iowa Water Pollution Control Works Financing Program
undertaken jointly by the Original Purchaser and the Department.
• "Project" shall mean the settlement, adjustment, renewing, or extension of any part
or all of the legal indebtedness of a city, whether evidenced by bonds, warrants, or
judgments, or the funding or refunding of the same, including the Stormwater Rev-
enue Capital Loan Notes, Series 2015B, dated June 19, 2015, and amended Sep-
tember 8, 2017.
• "Project Fund" shall mean the Loan Account maintained under the Program for the
benefit of the Issuer, into which the proceeds of the Loan and the Note shall be
allocated and held until disbursed to pay Project costs.
• "Registrar" shall mean the Director of Finance & Budget, or such successor as may
be approved 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 Notes.
Unless otherwise specified, the Registrar shall also act as Transfer Agent for the
Notes.
• "Tax Exemption Certificate" shall mean the Tax Exemption Certificate executed by
the Director of Finance & Budget and delivered at the time of issuance and delivery
0
of the Notes.
• "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 Notes issued hereunder.
Section 2. Loan Agreement. The form of Loan and Disbursement Agreement in sub-
stantially the form attached to this Resolution is hereby approved and is authorized to be
executed and issued on behalf of the Issuer by the Mayor and attested by the City Clerk.
Section 3. Levy and Certification of Annual Tax; Other Funds to be Used.
(a) Levy of Annual Tax. The City Council shall, in each adopted budget while the
Notes are outstanding, determine whether or not the City will appropriate funds for
payment of principal and interest on the Notes during the fiscal year covered by the
budget then under consideration. If the adopted budget includes provision for pay-
ment of principal and interest on the Notes for said fiscal year, then no Non -appro-
priation has occurred. If the budget adopted does not provide for payment of princi-
pal and interest on the Notes for the fiscal year covered by the budget, then an act
of Non -appropriation has occurred.
THE ISSUER'S OBLIGATION TO MAKE PAYMENTS OF INTEREST AND PRINCI-
PAL IN RESPECT OF THIS NOTE SHALL BE SUBJECT AT ALL TIMES TO NON -AP-
PROPRIATION BY THE CITY COUNCIL OF THE ISSUER. IN THE EVENT THAT
FUNDS ARE NOT BUDGETED AND APPROPRIATED BY THE CITY COUNCIL OF THE
ISSUER IN ANY FISCAL YEAR IN AN AMOUNT SUFFICIENT TO MEET THE PAY-
MENTS OF INTEREST AND PRINCIPAL DUE HEREUNDER, THE ISSUER SHALL
HAVE THE RIGHT TO TERMINATE ITS OBLIGATIONS UNDER THIS NOTE WITH RE-
SPECT TO FUTURE PAYMENTS OF INTEREST AND PRINCIPAL THEREON WITH-
OUT PENALTY, BY GIVING NOT LESS THAN THIRTY (30) DAYS WRITTEN NOTICE
TO THE ORIGINAL PURCHASER (AS DEFINED IN THE RESOLUTION) OF THE LACK
OF CONTINUED FUNDING, AND THE ISSUER'S OBLIGATIONS UNDER THIS NOTE
SHALL BECOME NULL AND VOID ON THE LAST DAY OF THE FISCAL YEAR FOR
WHICH THE NECESSARY FUNDS WERE APPROPRIATED. UPON THE OCCUR-
RENCE OF ANY SUCH NON -APPROPRIATION, ISSUER SHALL NOT BE OBLIGATED
TO MAKE PAYMENT OF ANY ADDITIONAL AMOUNTS IN RESPECT OF PRINCIPAL
AND INTEREST ON THE NOTE BEYOND THOSE FUNDS WHICH HAVE BEEN SO
APPROPRIATED, AND THE ISSUER SHALL NOT BE LIABLE TO THE ORIGINAL PUR-
CHASER (OR ANY OTHER ASSIGNEE OR HOLDER OF THE NOTE) FOR ANY RE-
MAINING AMOUNTS DUE UNDER THE NOTE OR FOR ANY COSTS, DAMAGES (IN-
CLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES) OR EXPENSES IN-
CURRED BY THE ORIGINAL PURCHASER (OR ANY OTHER ASSIGNEE OR HOLDER
OF THE NOTE) AS A RESULT OF THE EXERCISE BY THE ISSUER OF THE FORE-
GOING RIGHT OF NON -APPROPRIATION.
Subject to such Non -appropriation, there is hereby levied for each future year the fol-
lowing direct annual tax on all of the taxable property in the City of Dubuque, Iowa, to -wit
FISCAL YEAR (JULY 1 TO JUNE 30)
Amount
Year of Collec-
tion
$1,468,663.92**
2020/2021
$1,474,469.00*
2021 /2022
$1,476,168.60*
2022/2023
$1,476,108.70*
2023/2024
$1,475,805.70*
2024/2025
$1,476,259.60*
2025/2026
$1,476,456.10*
2026/2027
$1,476,395.20*
2027/2028
$1,476,076.90*
2028/2029
$1,476,501.20*
2029/2030
$1,475,653.80*
2030/2031
$1,475,549.00*
2031/2032
$1,476,172.50*
2032/2033
$1,476,510.00*
2033/2034
$1,476,561.50*
2034/2035
$1,476,327.00*
2035/2036
$1,475,806.50*
2036/2037
** Payable from cash on hand
*These levies are subject to Non -ap-
propriation.
(NOTE: For example the levy to be made and certified against the taxable valuations
of January 1, 2021, will be collected during the fiscal year commencing July 1, 2022).
(b) Resolution to be Filed With County Auditor. A certified copy of this Resolution
shall be filed with the County Auditor of Dubuque County Iowa, and the Auditor is
hereby instructed, subject to Nonappropriation, in and for each of the years as pro-
vided, to levy and assess the tax hereby authorized in Section 3 of this Resolution,
in like manner as other taxes are levied and assessed, and such taxes so levied in
and for each of the years aforesaid be collected in like manner as other taxes of the
City are collected, and when collected be used for the purpose of paying principal
and interest on said Notes issued in anticipation of the tax, and for no other purpose
whatsoever.
(c) The City currently intends to abate all or a portion of the levy necessary to pay
the Notes out of available sales tax increment and stormwater revenues (to the ex-
tent appropriated by the City).
(d) Additional City Funds Available. Notwithstanding anything in this Resolution
to the contrary, the payments of principal and interest due on the Notes shall not
constitute a mandatory charge or a requirement in any ensuing fiscal year beyond
the then current fiscal year, and the Issuer shall have no continuing obligation to
appropriate money for the payment of interest and principal due on the Notes, and
no provision of this Resolution or the Notes shall be construed or interpreted as
creating a general obligation or other indebtedness of the Issuer within the meaning
0
of any constitutional or statutory debt limitation. The Issuer's obligation to make pay-
ments of interest and principal in respect of the Notes shall be subject at all times to
Non -appropriation by the City Council. On or before December 1 of each year, the
City Council shall determine whether to budget and appropriate funds for the next
succeeding fiscal year to make the payments of principal of and interest due on the
Notes during such fiscal year. If the City Council determines to budget and appro-
priate funds for such purposes, the City agrees to take the following steps:
(1) certify to the County Auditor the amount of principal of and interest on the
Notes, if any, which are to be paid from sources other than a debt service levy
during such fiscal year; and
(2) certify to the County Auditor by the following March 31 the amount, if any,
of principal of and interest on the Notes which are to be paid from Debt Service
Tax Revenues for such fiscal year.
In the event that funds are not budgeted and appropriated by the City Council
in any fiscal year in an amount sufficient to meet the payments of interest and
principal due on the Notes, the Issuer shall have the right to terminate its obliga-
tions under the Notes with respect to future payments of interest and principal
thereon without penalty, by giving not less than thirty (30) days written notice to
the Original Purchaser of the lack of continued funding, and the Issuer's obliga-
tions under the Notes shall become null and void on the last day of the fiscal year
for which the necessary funds were appropriated. Upon the occurrence of any
such Non -appropriation, Issuer shall not be obligated to make payment of any
additional amounts in respect of principal and interest on the Notes beyond those
funds which have been appropriated, and the Issuer shall not be liable to the
Original Purchaser (or any other assignee or holder of the Notes) for any remain-
ing amounts due under the Notes or for any costs, damages (including but not
limited to consequential damages) or expenses incurred by the Original Pur-
chaser (or any other assignee or holder of the Notes) as a result of the exercise
by the Issuer of the foregoing right of Non -appropriation.
Section 4. Note Fund. Said tax shall be assessed and collected each year at the same
time and in the same manner as, and in addition to, all other taxes in and for the City, and
when collected they shall be converted into a special fund within the Debt Service Fund
to be known as the "GENERAL OBLIGATION ANNUAL APPROPRIATION REFUNDING
CAPITAL LOAN NOTE FUND 2021 NO. 1" (the "Note Fund"), which is hereby pledged
for and shall be used only for the payment of the principal of and interest on the Notes
hereinafter authorized to be issued; and also subject to Non -appropriation, and there shall
be apportioned to said fund its proportion of taxes received by the City from railway, ex-
press, telephone and telegraph companies and other taxes assessed by the Iowa State
Department of Revenue.
Section 5. Application of Note Proceeds. Proceeds of the Notes other than accrued
interest except as may be provided below shall be credited to the Project Fund and ex-
pended only for the purposes of the Project. Any amounts on hand in the Project Fund
shall be available for the payment of the principal of or interest on the Notes at any time
that other funds shall be insufficient to the purpose, in which event such funds shall be
repaid to the Project Fund at the earliest opportunity. Any balance on hand in the Project
Fund and not immediately required for its purposes may be invested not inconsistent with
0
limitations provided by law or this Resolution. Accrued interest, if any, shall be deposited
in the Note Fund.
Section 6. Investments of Note Fund Proceeds. All moneys held in the Note Fund and
the Project Fund, shall be invested in investments permitted by Chapter 12B, Code of
Iowa, 2019 (formerly Chapter 452, Code of Iowa, as amended) or deposited in financial
institutions which are members of the Federal Deposit Insurance Corporation and the
deposits in which are insured thereby and all such deposits exceeding the maximum
amount insured from time to time by FDIC or its equivalent successor in any one financial
institution shall be continuously secured in compliance with Chapter 12C of the Code of
Iowa, 2019, as amended or otherwise by a valid pledge of direct obligations of the United
States Government having an equivalent market value. All such interim investments shall
mature before the date on which the moneys are required for payment of principal of or
interest on the Notes as herein provided.
Section 7. Note Details, Execution and Redemption.
(a) Note Details. General Obligation Annual Appropriation Refunding Capital
Loan Notes, Series 2021, of the City in the total amount of $22,138,000, shall be
issued to evidence the obligations of the Issuer under the Loan Agreement pursuant
to the provisions of Sections 384.24, 384.24A and 384.25 of the City Code of Iowa,
as amended, for the aforesaid purpose. The Notes shall be designated "GENERAL
OBLIGATION ANNUAL APPROPRATION REFUNDING CAPITAL LOAN NOTE,
SERIES 2021 ", be dated the date of delivery, and bear interest at the rate of 1.18%
per annum from the date of each advancement made under the Agreement, until
payment thereof, or Non -appropriation, at the office of the Paying Agent, said inter-
est payable on June 1, 2021, and semi-annually thereafter on the 1st day of June
and December in each year until maturity as set forth on the Debt Service Schedule
attached to the Agreement as Exhibit A and incorporated herein by this reference.
As set forth on said Debt Service Schedule, principal shall be payable on June 1,
2021 and annually thereafter on the 1 st day of June in the amounts set forth therein
until principal and interest are fully paid, or until Non -appropriation, except that the
final installment of the entire balance of principal and interest, if not sooner paid,
and if appropriated, shall become due and payable on June 1, 2037. Notwithstand-
ing the foregoing or any other provision hereof, principal and interest shall be paya-
ble as shown on said Debt Service Schedule until completion of the Project, at which
time the final Debt Service Schedule shall be determined based upon actual ad-
vancements, final costs and completion of the Project, all as provided in the admin-
istrative rules governing the Iowa Water Pollution Control Works Financing Program.
Payment of principal and interest on the Notes shall at all times conform to said Debt
Service Schedule and the rules of the Iowa Water Pollution Control Works Financing
Program.
The Notes shall be executed by the manual or facsimile signature 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.
The Notes shall be in the denomination of $1,000 or multiples thereof and may at
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the request of the Original Purchaser be initially issued as a single Note in the de-
nomination of $22,138,000 and numbered GO-1.
Section 8. Initiation Fee and Servicing Fee. In addition to the payment of principal of
and interest on the Notes, the Issuer also agrees to pay the Servicing Fee as defined and
in accordance with the terms of the Agreement.
Section 9. Redemption. The Notes are subject to optional redemption at a price of par
plus accrued interest (i) on any date upon receipt of written consent of the Original Pur-
chaser or (ii) in the event that all or substantially all of the Project is damaged or de-
stroyed. Any optional redemption of the Notes may be made from any funds regardless
of source, in whole or from time to time in part, in inverse order of maturity, by giving not
less than thirty (30) days' notice of redemption by certified or registered mail to the Origi-
nal Purchaser (or any other registered owner of the Note). The terms of redemption shall
be par, plus accrued interest to date of call. The Notes are also subject to mandatory
redemption as set forth in Section 5 of the Agreement.
Section 10. Registration of Notes; Appointment of Registrar; Transfer; Ownership; De-
livery; and Cancellation.
(a) Registration. The ownership of Notes may be transferred only by the making
of an entry upon the books kept for the registration and transfer of ownership of the
Notes, and in no other way. The Director of Finance & Budget is hereby appointed
as Registrar under the terms of this Resolution and under the provisions of a sepa-
rate agreement with the Issuer filed herewith which is made a part hereof by this
reference. Registrar shall maintain the books of the Issuer for the registration of
ownership of the Notes for the payment of principal of and interest on the Notes as
provided in this Resolution. All Notes shall be negotiable as provided in Article 8 of
the Uniform Commercial Code subject to the provisions for registration and transfer
contained in the Notes and in this Resolution.
(b) Transfer. The ownership of any Note may be transferred only upon the Reg-
istration Books kept for the registration and transfer of Notes and only upon surren-
der 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 satis-
factory to the Registrar, along with the address and social security number or federal
employer identification number of such transferee (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 reg-
istered owner required above. Upon the transfer of any such Note, a new fully reg-
istered 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.
(c) Registration of Transferred Notes. In all cases of the transfer of the Notes, the
Registrar shall register, at the earliest practicable time, on the Registration Books,
the Notes, in accordance with the provisions of this Resolution.
(d) Ownership. 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
11
and regarded as the absolute owner thereof for all purposes, and payment of or on
account of the principal of any such Notes 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.
(e) Cancellation. In the event of Non -appropriation, the Notes shall be cancelled
by the Registrar. All Notes which have been redeemed shall not be reissued but
shall be cancelled by the Registrar. All Notes which are 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 Notes to the Issuer.
(f) Non -Presentment of Notes. In the event any payment check, wire, or electronic
transfer of funds representing 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 in-
terest 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 dis-
charged, 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 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 Resolution by the Owners of
such interest or Notes of whatever nature shall be made upon the Issuer.
(g) Registration and Transfer Fees. The Registrar may furnish to each owner, at
the Issuer's expense, one note for each annual maturity. The Registrar shall furnish
additional Notes in lesser denominations (but not less than the minimum denomina-
tion) to an owner who so requests.
Section 11. Reissuance of Mutilated, Destroyed, Stolen or Lost Notes. In case any
outstanding Note shall become mutilated or be destroyed, stolen or lost, the Issuer shall
at the request of Registrar authenticate and deliver a new Note of like tenor and amount
as the Note so mutilated, destroyed, stolen or lost, in exchange and substitution for such
mutilated Note to Registrar, upon surrender of such mutilated Note, or in lieu of and sub-
stitution for the Note destroyed, stolen or lost, upon filing with the Registrar evidence
satisfactory to the Registrar and Issuer that such Note has been destroyed, stolen or lost
and proof of ownership thereof, and upon furnishing the Registrar and Issuer with satis-
factory indemnity and complying with such other reasonable regulations as the Issuer or
its agent may prescribe and paying such expenses as the Issuer may incur in connection
therewith.
Section 12. Record Date. Payments of principal and interest, otherwise than upon full
redemption, made in respect of any Note, shall be made to the registered holder thereof
12
or to their designated Agent as the same appear on the books of the Registrar on the
15th day of the month preceding the payment date. All such payments shall fully dis-
charge the obligations of the Issuer in respect of such Notes to the extent of the payments
so made. Upon receipt of the final payment of principal, the holder of the Note shall sur-
render the Note to the Paying Agent.
Section 13. Execution, Authentication and Delivery of the Notes. The Mayor and Clerk
shall execute the Notes by their manual or authorized signature and deliver the Notes to
the Registrar, who shall authenticate the Notes and deliver the same to or upon order of
the Original Purchaser. No Note shall be valid or obligatory for any purpose or shall be
entitled to any right or benefit hereunder unless the Registrar shall duly endorse and ex-
ecute on such Note a Certificate of Authentication substantially in the form of the Certifi-
cate herein set forth. Such Certificate upon any Note executed on behalf of the Issuer
shall be conclusive evidence that the Note so authenticated has been duly issued under
this Resolution and that the holder thereof is entitled to the benefits of this Resolution.
Section 14. Right to Name Substitute Paying Agent or Registrar. Issuer reserves the
right to name a substitute, successor Registrar or Paying Agent upon giving prompt writ-
ten notice to each registered noteholder.
Section 15. Form of Note. Notes shall be printed in substantial compliance with
standards proposed by the American Standards Institute substantially in the form as
[provided]:
Section 16. Contract Between Issuer and Purchaser. This Resolution shall constitute
a contract between said City and the purchaser of the Notes.
Section 17. Non -Arbitrage Covenants. The Issuer reasonably expects and covenants
that no use will be made of the proceeds from the issuance and sale of the Notes issued
hereunder which will cause any of the Notes to be classified as arbitrage bonds within the
meaning of Section 148(a) and (b) of the Internal Revenue Code of the United States,
and that throughout the term of the Notes it will comply with the requirements of said
statute and regulations issued thereunder.
To the best knowledge and belief of the Issuer, there are no facts or circumstances
that would materially change the foregoing statements or the conclusion that it is not ex-
pected that the proceeds of the Notes will be used in a manner that would cause the
Notes to be arbitrage bonds. Without limiting the generality of the foregoing, the Issuer
hereby agrees to comply with the provisions of the Tax Exemption Certificate and the
provisions of the Tax Exemption Certificate are hereby incorporated by reference as part
of this Resolution. The Director of Finance & Budget is hereby directed to make and insert
all calculations and determinations necessary to complete the Tax Exemption Certificate
in all respects and to execute and deliver the Tax Exemption Certificate at issuance of
the Notes to certify as to the reasonable expectations and covenants of the Issuer at that
date.
Section 18. Additional Covenants, Representations and Warranties of the Issuer. The
Issuer certifies and covenants with the purchasers and holders of the Notes from time to
time outstanding that the Issuer through its officers, (a) will make such further specific
covenants, representations and assurances as may be necessary or advisable; (b) com-
ply with all representations, covenants and assurances contained in the Tax Exemption
Certificate, which Tax Exemption Certificate shall constitute a part of the contract between
the Issuer and the owners of the Notes; (c) consult with bond counsel (as defined in the
13
Tax Exemption Certificate); (d) pay to the United States, as necessary, such sums of
money representing required rebates of excess arbitrage profits relating to the Notes; (e)
file such forms, statements and supporting documents as may be required and in a timely
manner; and (f) if deemed necessary or advisable by its officers, to employ and pay fiscal
agents, financial advisors, attorneys and other persons to assist the Issuer in such com-
pliance.
Section 19. Amendment of Resolution to Maintain Tax Exemption. This Resolution may
be amended without the consent of any owner of the Notes if, in the opinion of bond
counsel, such amendment is necessary to maintain tax exemption with respect to the
Notes under applicable Federal law or regulations.
Section 20. Severability Clause. If any section, paragraph, clause or provision of this
Resolution be held invalid, such invalidity shall not affect any of the remaining provisions
hereof, and this Resolution shall become effective immediately upon its passage and ap-
proval.
Section 21. Repeal of Conflicting Resolutions or Ordinances. All ordinances and reso-
lutions and parts of ordinances and resolutions in conflict herewith are hereby.
Passed and approved this 5t" day of April 2021.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
9. March 31, 2021 Semi Annual Report - U.S. Environmental Protection Agency Con-
sent Decree Required Submittal: City Manager transmitted the March 31, 2021 Consent
Decree Semi Annual Report that was submitted to the U.S. Environmental Protection
Agency (EPA). Upon motion the documents were received and filed.
10. Approval of Plat of Survey of Lot 1A Block 7 of Grandview Park, in the City of
Dubuque, Iowa for Vacating Petition (Dubuque Golf and Country Club Randall Place Va-
cate Agreement): City Manager recommended approval of the Plat of Survey (Vacation
Plat) of Lot 1A Block 7 of Grandview Park, in the City of Dubuque, Iowa. Council Member
Farber stated she will abstain from voting on Item Nos. 10 and 11 due to owning property
adjacent to the right of way of the property under consideration and her membership with
the Dubuque Golf and Country Club. Motion by Resnick to receive and file the documents
for both Items No. 10 and 11 and adopt Resolution No. 93-21 Approving Plat of proposed
vacated portion of Randall Place, in the City of Dubuque, Iowa, to be known as Lot 1A
Block 7 of Grandview Park, in the City of Dubuque, Iowa and Resolution No. 94-21 Ap-
proving an agreement between the City of Dubuque, Iowa and Dubuque Golf and Country
Club. Seconded by Jones. Motion carried 6-0 with abstention from Farber.
RESOLUTION NO. 93-21
APPROVING PLAT OF PROPOSED VACATED PORTION OF RANDALL PLACE, IN
THE CITY OF DUBUQUE, IOWA, TO BE KNOWN AS LOT 1A BLOCK 7 OF
GRANDVIEW PARK, IN THE CITY OF DUBUQUE, IOWA
Whereas, there has been presented to the City Council of the City of Dubuque, Iowa,
a plat dated March 23, 2021 prepared by the Buesing and Associates, Inc., showing the
proposed vacated area of Randall Place between Lot 1 Block 7 and Lot 17 Block 8 of
Grandview Park, in the City of Dubuque, Iowa and assigned a lot number thereto, to be
14
known as Lot 1A Block 7 of Grandview Park, in the City of Dubuque, Iowa; and
Whereas, said plat conforms to the laws and statutes pertaining thereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the plat dated March 23, 2021 prepared by the Buesing and Associ-
ates, Inc., relative to the real estate hereinabove described be and the same is hereby
approved, and the Mayor and City Clerk be and they are hereby authorized and directed
to execute said plat for and on behalf of the City of Dubuque, Iowa.
Section 2. The City of Dubuque reserves a public utility easement over the entirety of
said Lot 1 A.
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 5t" day of April 2021.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
11. Agreement with Dubuque Golf & Country Club at 1800 Randall Place: City Man-
ager recommended approval of an agreement with Dubuque Golf and Country Club re-
lated to the vacation and sale of certain street right of -ways at the Dubuque Golf and
Country Club property at 1800 Randall Place, Dubuque, Iowa. Upon motion with Item No.
10, the documents were received and filed, and Resolution No. 94-21 was adopted.
RESOLUTION NO. 94-21
APPROVING AN AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND
DUBUQUE GOLF AND COUNTRY CLUB
Whereas, the City of Dubuque is party to an Agreement with Dubuque Golf and Coun-
try Club (DGCC) related to the vacation and sale of certain street right of ways at the
DGCC property at 1800 Randall Place in Dubuque, Iowa; and
Whereas, DGCC is requesting the vacation and sale of the approximately 8,100 square
feet of the Randall Place right of way south of Bradley Street, in order to accommodate
the construction of new parking lot serving the golf course; and
Whereas, DGCC is requesting the sale of approximately 11 acres of vacated right of
way included in the 1923 City Council Special Ordinance (attached to and made part of
the agreement as Exhibit A and as approximately shown on the map labelled Exhibit B)
situated within the current golf course property; and
Whereas, DGCC and City desire to enter into an agreement with respect to the pro-
posed vacation and sale of said right of way and vacated right of way as set forth herein;
and
Whereas, a copy of the Agreement is attached hereto; and
Whereas, Dubuque Golf and Country Club, has executed the Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Agreement attached hereto is hereby approved.
Section 2. The City Manager is authorized and directed to execute the Agreement on
behalf of the City of Dubuque
15
Passed, approved, and adopted this 5th day of April 2021.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
12. Royal Oaks Development Corporation Property - Silver Oaks Drive Right -of -Way
Plat and Dedication: City Manager recommended approval of the Acquisition Plat of Lot
B of Silver Oaks Estates 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 Resolution No. 95-21 Approving the Acquisition Plat of Lot
B of Silver Oaks Estates, in the City of Dubuque, Iowa was adopted.
RESOLUTION NO. 95-21
APPROVING THE ACQUISITION PLAT OF LOT B OF SILVER OAKS ESTATES, IN
THE CITY OF DUBUQUE, IOWA
Whereas, Royal Oaks Development Corporation (RODC) and the City of Dubuque
have entered into a Subdivision Development Agreement dated April 22, 2020, a copy of
which is attached hereto, for the development of Silver Oaks Estates, in the City of Dubu-
que, Iowa; and
Whereas, said development agreement requires RODC to dedicate the Silver Oaks
Drive street right of way and associated cul-de-sac right of way to the City of Dubuque;
and
Whereas, there has been presented to the City Council of the City of Dubuque, Iowa,
an Acquisition Plat dated March 12, 2021 prepared by Weber Surveying, LLC describing
Lot B of Silver Oaks Estates, 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 B, which Royal Oaks Development Corporation,
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 March 12, 2021 prepared by Weber Surveying, LLC,
relative to the real estate hereinabove described be and the same is hereby approved,
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 B of Silver Oaks Estates, in the City of Dubuque,
Iowa, for Right of Way (Silver Oaks Drive) 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 5th day of April 2021.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
13. Acceptance of Grant of Easement for Storm Drainage, Sanitary Sewer Utility, and
Water Main Utility over Royal Oaks Development Property in Silver Oaks Estates Subdi-
vision, Dubuque, Iowa: City Manager recommended acceptance of a Grant of Easement
16
for Storm Drainage, Sanitary Sewer Utility, and Water Main Utility from Royal Oaks De-
velopment Corporation for the development of Silver Oaks Estates, in the City of Dubu-
que, Iowa. Upon motion the documents were received and filed, and Resolution No. 96-
21 Accepting a Grant of Easement for Storm Drainage, Sanitary Sewer Utility, and Water
Main Utility through, under and across parts of Silver Oaks Estates and Walter Metcalf
Place, in the City of Dubuque, Iowa was adopted.
RESOLUTION NO. 96-21
ACCEPTING A GRANT OF EASEMENT FOR STORM DRAINAGE, SANITARY
SEWER UTILITY, AND WATER MAIN UTILITY THROUGH, UNDER AND ACROSS
PARTS OF SILVER OAKS ESTATES AND WALTER METCALF PLACE, IN THE CITY
OF DUBUQUE, IOWA
Whereas, Royal Oaks Development Corporation (RODC) and the City of Dubuque
have entered into a Subdivision Development Agreement dated April 22, 2020, a copy of
which is attached hereto, for the development of Silver Oaks Estates, in the City of Dubu-
que, Iowa; and
Whereas, said development agreement requires RODC to grant certain easements to
the City of Dubuque over the following properties:
Storm Drainage Easement:
Parts of Lots 31 thru 36, inclusive, and Lots 38 thru 41, inclusive, of Silver Oaks
Estates, in the City of Dubuque, Iowa, as shown on Exhibit A-1 attached hereto and
by reference made a part hereof; and
Sanitary Sewer Utility Easement:
Part of Lot 2 of Walter Metcalf Place, in the City of Dubuque, Iowa, as shown on
Exhibit A-2 attached hereto and by reference made a part hereof; and
Water Main Utility Easement:
Part of Lot 31 of Silver Oaks Estates, in the City of Dubuque, Iowa, as shown on
Exhibit A-3 attached hereto and by reference made a part hereof; and
Whereas, RODC has executed a Grant of Easement for Storm Drainage, Sanitary
Sewer Utility, and Water Main Utility through, over and across portions of Silver Oaks
Estates and Waler Metcalf Place, in the City of Dubuque, Iowa, as described above.
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 Grant of Easement for Storm Drainage, Sanitary Sewer Utility, and
Water Main Utility through, over and across portions of Silver Oaks Estates and Walter
Metcalf Place, in the City of Dubuque, Iowa, as described above, from Royal Oaks De-
velopment Corporation, 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 5t" day of April 2021.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
14. 2021 Asphalt Overlay Program - City of Asbury Agreement: City Manager recom-
mended approval of a cost share agreement with the City of Asbury for the asphalt overlay
17
of a segment of roadway on Pennsylvania Avenue from Radford Road to Seippel Road.
Upon motion the documents were received, filed, and approved.
15. Proposed Amendment to Master Co -Location and Shared Services Agreement be-
tween the City of Dubuque and ImOn Communications LLC: City Manager recommended
approval of an amendment to an existing Master Co -Location and Shared Services
Agreement with ImOn Communications LLC. Upon motion the documents were received,
filed, and approved.
16. Civil Service Commission - Certified Lists: Civil Service Commission submitted the
Certified Lists for the position of Police Officer and the Fire Promotional positions of Fire
Lieutenant, Assistant Fire Chief, Fire Equipment Operator, Fire Captain, Assistant Fire
Marshal, and Medical Officer. Upon motion the documents were received, filed, and made
a Matter of Record.
March 15, 2021
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of the Code of Iowa, an examination for the position
of Police Officer was administered on February 6, 2021. We, The Civil Service Commis-
sion, hereby certify that the individuals listed below have passed this written examination
and the vacancy for this position should be made from this list and that this list is good
until September 11, 2021.
Police Officer
1. Tyler Breitbach, 2. Ryan Cole, 3. Joseph Conley Jr., 4. Evan DeBoth, 5. Bradley Dodds,
6. Harlie Durr, 7. Eugene Hingtgen, 8. Brian Kirk, 9. Alyssa Klawitter, 10. Alexandra Pi-
larinos, 11. Joshua Ryan , 12. Caleb Stines
Respectfully Submitted,
/s/Daniel White, Chairperson
Civil Service Commission
February 9, 2021
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of the Code of Iowa, examinations for the positions of
Fire Lieutenant, Assistant Fire Chief, Fire Equipment Operator, Fire Captain, Assistant
Fire Marshal, and Medical Officer were given on January 12, January 13, and January
14, 2021. We, the Civil Service Commission, hereby certify that the individuals listed be-
low have passed these written examinations and the vacancy for these positions should
be made from this list and that this list is good for two (2) years from the above date.
Fire Lieutenant
1. Elliot McAllister, 2. Brian McAuliffe, 3. Kyle Mueller, 4. Ryan Neuhaus, 5. Robert Reed,
6. Jacob Reiff, 7. Kyle Reinert, 8. Timothy Schmidt
Assistant Fire Chief
1. Jesse Coulson, 2. Lawrence Ewert, 3. David Grass, 4. Joshua Knepper, 5. Jason
0
Lueken
Fire Equipment Operator
1. William Broessel, 2. Christopher Kluesner, 3. Jack Ludescher, 4. Alexander Miller, 5.
Ryan Neuhaus, 6. Jeffrey Pregler, 7. Kyle Reinert, 8. Will Sullivan
1. Ryan Kieffer, 2. Jason Lueken
No passing scores
Fire Captain
Assistant Fire Marshal
Medical Officer
1. Alexander Miller, 2. Joseph Schmitt
Respectfully submitted,
/s/Dan White, Chairperson
Civil Service Commission
17. Alcohol License Applications: City Manager recommended approval of annual liq-
uor, beer, and wine license applications as submitted. Upon motion the documents were
received and filed, and Resolution No. 97-21 Approving applications for beer, liquor,
and/or wine permits, as required by City of Dubuque Code of Ordinances Title 4 Business
and License Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Li-
censes and Permits was adopted.
RESOLUTION NO. 97-21
APPROVING APPLICATIONS FOR BEER, LIQUOR, AND/OR WINE PERMITS, AS
REQUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS
AND LICENSE REGULATIONS, CHAPTER 2 LIQUOR CONTROL, ARTICLE B LIQ-
UOR, BEER AND WINE LICENSES AND PERMITS
Whereas, applications for Beer, Liquor, and or Wine Permits have been submitted and
filed with the City Council for approval, and the same have been examined and approved;
and
Whereas, the premises to be occupied by such applicants were inspected and found
to comply with the Ordinances of the City, and the applicants have filed the proper fees
and bonds and otherwise complied with the requirements of the Code of Ordinances.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The City Clerk is hereby authorized and directed to cause to be issued the
noted permit types to the following applicants pending submission of the locally required
documentation:
Renewals
Fareway Stores, Inc.
2050 J. F. Kennedy Blvd
Class E Liquor, Class B Wine,
Class C Beer
19
Hy-Vee #3
400 Locust St.
Class E Liquor, Class B Wine,
Class C Beer Sunda
Hy-Vee Gas #3
400 S. Locust St.
Class E Liquor, Class B Native
Wine, Class C Beer Sunda
Kwik Stop Food Mart
2360 Central Ave.
Class E Liquor, Class B Native
Wine, Class C Beer Sunda
Lina's Thai Bistro
2055 Holliday Dr.
Class C Liquor, Class B Wine
Sunda
Main Street Social
123 Main St.
Class C Liquor (Outdoor) (Sun-
da
Panchero's Mexican Grill
4840 Asbury Rd.
Class B Beer (Outdoor) (Sun-
da
S ortsters Pub & Grub
2600 Central Ave.
Class C Liquor Sunda
Passed, approved, and adopted this 5t" day of April 2021.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
ITEMS SET FOR PUBLIC HEARING
Motion by Resnick to receive and file the documents, adopt the resolutions, and set
the public hearings as indicated. Seconded by Roussell. Motion carried 7-0.
1. Resolution Setting a Public Hearing on a Proposed Development Agreement by and
among the City of Dubuque, Giese Properties, L.L.C., and Giese Manufacturing Com-
pany, Inc. providing for the Sale of City -owned Real Estate to Giese Properties, L.L.C.
and the Issuance of Urban Renewal Tax Increment Revenue Grant Obligations Pursuant
to the Development Agreement: City Manager recommended the City Council set a public
hearing for April 19, 2021 on the proposed Development Agreement by and among the
City of Dubuque, Giese Properties, L.L.C., and Giese Manufacturing Company, Inc.
providing for the sale of city -owned real estate to Giese Properties, L.L.C. and the issu-
ance of Urban Renewal Tax Increment Revenue Grant Obligations. Upon motion the doc-
uments were received and filed, and Resolution No. 98-21 Intent to dispose of an interest
in City of Dubuque real estate by sale to Giese Properties, L.L.C. pursuant to a Develop-
ment Agreement by and among the City of Dubuque, Giese Properties, L.L.C., and Giese
Manufacturing Company, Inc and fixing the date for a public hearing of the City Council
of the City of Dubuque, Iowa on the Development Agreement including the proposed is-
suance of Urban Renewal Tax Increment Revenue Grant Obligations to Giese Manufac-
turing Company, Inc and providing for the publication of notice thereof was adopted, set-
ting a public hearing for a meeting to commence at 6:30 p.m. on April 19, 2021.
RESOLUTION NO. 98-21
INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE REAL ESTATE BY
SALE TO GIESE PROPERTIES, L.L.C. PURSUANT TO A DEVELOPMENT AGREE-
MENT BY AND AMONG THE CITY OF DUBUQUE, GIESE PROPERTIES, L.L.C., AND
GIESE MANUFACTURING COMPANY, INC AND FIXING THE DATE FOR A PUBLIC
20
HEARING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA ON THE DE-
VELOPMENT AGREEMENT INCLUDING THE PROPOSED ISSUANCE OF URBAN
RENEWAL TAX INCREMENT REVENUE GRANT OBLIGATIONS TO GIESE MANU-
FACTURING COMPANY, INC AND PROVIDING FOR THE PUBLICATION OF NOTICE
THEREOF
Whereas, the City of Dubuque, Iowa (City) is the owner of the following described real
property:
Lot 1 of Dubuque Industrial Center North First Addition, in the City of Dubuque, Iowa
(the Property); and
Whereas, City, Giese Properties, L.L.C., and Giese Manufacturing Company, Inc. have
entered into a Development Agreement, subject to the approval of the City Council, pur-
suant to which City will convey the Property to Giese Properties, L.L.C., and Giese Prop-
erties, L.L.C. will construct on the Property certain Improvements described in the Devel-
opment Agreement; and
Whereas, the City Council has tentatively determined that it would be in the best inter-
ests of City to approve the Development Agreement, including the conveyance of the
Property to Giese Properties, L.L.C.; and
Whereas, the Development Agreement provides for the issuance by City of economic
development grants to Giese Manufacturing Company, Inc., referred to therein as Urban
Renewal Tax Increment Revenue Grant Obligations, payable from the tax increment rev-
enues collected in respect of the Improvements to be constructed by Giese Properties,
L.L.C. in accordance with the Development Agreement, for the purpose of carrying out
the objectives of an Urban Renewal Plan as hereinafter described; and
Whereas, before said obligations may be approved, Chapter 403 of the Code of Iowa
requires that the City Clerk publish a notice of the proposal and of the time and place of
the meeting at which the City Council proposes to take action thereon and at which meet-
ing the City Council shall receive oral and/or written objections from any resident or prop-
erty owner of said City to such proposed action.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City of Dubuque intends to dispose of its interest in the foregoing -de-
scribed Property by Deed to Giese Properties, L.L.C. pursuant to the proposed Develop-
ment Agreement.
Section 2. The City Clerk is hereby authorized and directed to cause this Resolution
and a notice to be published as prescribed by Iowa Code Section 364.7 of a public hearing
on the City's intent to dispose of the foregoing -described Property, to be held on the 19th
day of April, 2021 at 6:30 p.m. in the form attached hereto.
Section 3. The City Council will also meet at said time and place for the purpose of
taking action on the matter of authorizing Urban Renewal Tax Increment Revenue obli-
gations and the execution of the Development Agreement relating thereto with Giese
Properties, L.L.C. and Giese Manufacturing Company, Inc., the proceeds of which obli-
gations will be used to carry out certain of the special financing activities described in the
Urban Renewal Plan for the Dubuque Industrial Center Economic Development District,
consisting of the funding of economic development grants to Giese Manufacturing Com-
pany, Inc., pursuant to the Development Agreement under the terms and conditions of
said Urban Renewal Plan. It is expected that the aggregate amount of the Tax Increment
21
Revenue obligations will be approximately $495,000.
Section 4. The City Clerk is hereby directed to cause at least one publication to be
made of a notice of said meeting, in a newspaper, printed wholly in the English language,
published at least once weekly, and having general circulation in said City, said publica-
tion to be not less than four days nor more than twenty days before the date of said
meeting on the disposal of the City's interest in the Property and the issuance of said
obligations.
Section 5. That the notice of the proposed action shall be in substantially the form
attached hereto.
Passed, approved, and adopted this 5t" day of April, 2021.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
2. Proceedings to Set a Public Hearing on the Authorization of Not to Exceed $180,000
General Fund Lease Agreement — Postage Machine: City Manager recommended a pub-
lic hearing be set for April 19, 2021, on the proposal to authorize a general fund lease
agreement not to exceed $180,000. Upon motion the documents were received and filed,
and Resolution No. 99-21 Fixing date for a meeting on the proposition to authorize a lease
agreement (General Fund) in the principal amount of not to exceed $180,000 to acquire
personal property for the City, and providing for publication of notice thereof was adopted,
setting a public hearing for a meeting to commence at 6:30 p.m. on April 19, 2021.
RESOLUTION NO. 99-21
FIXING DATE FOR A MEETING ON THE PROPOSITION TO AUTHORIZE A LEASE
AGREEMENT (GENERAL FUND) IN THE PRINCIPAL AMOUNT OF NOT TO EXCEED
$180,000 TO ACQUIRE PERSONAL PROPERTY FOR THE CITY, AND PROVIDING
FOR PUBLICATION OF NOTICE THEREOF
Whereas, it is deemed necessary and advisable that the City of Dubuque, Iowa, should
enter into a lease agreement in the principal amount of not to exceed $180,000 as au-
thorized by Sections 364.4 and 384.25 of the Code of Iowa, for the purpose of providing
funds to pay costs of carrying out the project as hereinafter described, and more specifi-
cally, for the lease of a mailing and inserting machine; and
Whereas, the term of the proposed Lease does not exceed the economic life of the
property to be acquired; and
Whereas, the lease agreement shall be payable from the General Fund of the City;
and
Whereas, before a lease agreement may be authorized, it is necessary to comply with
the provisions of said Code, and to publish a notice of the proposal and of the time and
place of the meeting at which the Council proposes to take action for the authorization of
the lease agreement and to receive oral and/or written objections from any resident or
property owner of said City to such action.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That this Council meet via electronic means at 6:30 o'clock P.M., on the
19th day of April 2021, for the purpose of taking action on the matter of the authorization
of a lease agreement, in the principal amount of not to exceed $180,000 the proceeds of
22
which will be used to provide funds to pay costs of the acquisition of personal property for
the City.
Section 2. That the Clerk is hereby directed to cause at least one publication to be
made of a notice of said meeting, in a legal newspaper, printed wholly in the English
language, published at least once weekly, and having general circulation in said City, said
publication to be not less than four clear days nor more than twenty days before the date
of said public meeting on the authorization of said lease agreement.
Section 3. The notice of the proposed action to authorize said lease agreement shall
be in substantially the [provided] form:
Passed and approved this 5t" day of April 2021.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
3. Petition to Vacate a Portion of Randall Place, in the City of Dubuque, Iowa — Dubu-
que Golf and Country Club Randall Place Vacate Agreement: City Manager recom-
mended that a public hearing be scheduled for April 19, 2021 on a request from Dubuque
Golf and Country Club to vacate a portion of Randall Place for a purchase price of
$32,197. Upon motion the documents were received and filed, and Resolution No. 100-
21 Intent to vacate a portion of Randall Place, in the City of Dubuque, Iowa, to be known
as Lot 1A Block 7 of Grandview Park, in the City of Dubuque, Iowa was adopted, setting
a public hearing for a meeting to commence at 6:30 p.m. on April 19, 2021.
RESOLUTION NO. 100-21
INTENT TO VACATE A PORTION OF RANDALL PLACE, IN THE CITY OF DUBUQUE,
IOWA, TO BE KNOWN AS LOT 1A BLOCK 7 OF GRANDVIEW PARK, IN THE CITY
OF DUBUQUE, IOWA
Whereas, the City of Dubuque has entered into an agreement with Dubuque Golf and
Country Club for the sale of City Owned property including a portion of the Randall Place
right of way between Lot 1 Block 7 and Lot 17 Block 8 of Grandview Park, in the City of
Dubuque, Iowa; and
Whereas, the Dubuque Golf and Country Club has requested the vacation of a portion
of Randall Place and the conveyance of the property to Dubuque Golf and Country Club
per said agreement; and
Whereas, Buesing and Associates, Inc. has prepared and submitted to the City Council
a plat showing the proposed vacated area of Randall Place right of way between Lot 1
Block 7 and Lot 17 Block 8 of Grandview Park, in the City of Dubuque, Iowa and assigned
a lot number thereto, which hereinafter shall be known and described as Lot 1A Block 7
of Grandview Park, in the City of Dubuque, Iowa.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque intends to vacate Lot 1A Block 7 of Grandview
Park, in the City of Dubuque, Iowa.
Section 2. That a public hearing, and/or by virtual means, on the intent to vacate Lot
1A Block 7 of Grandview Park, in the City of Dubuque, Iowa is hereby set for the 19t" day
of April, 2021, at the Historic Federal Building, 350 W. 6t" Street, Dubuque, Iowa, begin-
ning at 6.30 p.m., and the City Clerk be and is hereby authorized and directed to cause a
23
notice of public hearing on the intent to vacate said real estate to be published in the
manner as prescribed by law.
Passed, approved and adopted this 5th day of April, 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 ac-
cessed at https://citVofdubugue.novusagenda.com/AgendaPublic/ or by contacting the
City Clerk's Office at 563-589-4100, ctyclerk(a�cityofdubug ue.org.]
BOARDS/COMMISSIONS
Appointments were made to the following boards/commissions:
1. Cable Television Commission: One, 3-Year term through July 1, 2024 (Expiring term
of Tigges). Applicant: Jennifer Tigges, 4927 Wild Flower Dr. Motion by Roussell to appoint
Ms. Tigges to the 3-Year term through July 1, 2024. Seconded by Sprank. Motion carried
7-0.
2. Housing Commission: One, 3-Year term through August 17, 2021 (Vacant Section
8 Representative term of Shumaker) and two 3-Year terms through August 17, 2022 (Va-
cant At -Large terms of Stroud and Wall). Applicants: Cynthia Washington, 2024 Central
Ave (Qualifies as Section 8 Representative) (Additional Applicant); Jeff Lenhart, 670 Har-
vard St. (Qualifies as At -Large Representative); Thomas Smith, 2490 Clarke Crest Dr.
(Qualifies as At -Large Representative) (Additional Applicant); Margie White, 3197 High-
land Park Dr. (Qualifies as At -Large Representative) (Additional Applicant). Motion by
Jones to appoint Ms. Washington the 3-Year Section 8 Representative term through Au-
gust 17, 2021. Seconded by Farber. Motion carried 7-0. Upon roll call vote, Mr. Lenhart
and Ms. White were appointed to the 3-year terms through August 17, 2022. Mr. Lenhart
received all 7 votes from Council for one of the terms. Mr. Smith received 1 vote (Resnick),
and Ms. White received the remaining 6 votes for the other 3-year term.
3. Human Rights Commission: One, 3-Year term through January 1, 2024 (Vacant
term of Allen) and one, 3-Year term through January 1, 2022 (Vacant term of Regan).
Applicants: Carla Anderson, 1131 Main St.; Taylor Merfeld, 1016 Rhomberg Ave.; Nichole
Weber, 535 South Grandview Ave. This commission is subject to the State of Iowa Gen-
der Balance Law. 9 Commissioners total; currently 3 males/4 females/2 openings. Motion
by Roussell to appoint Mr. Merfeld to the 3-year term through January 1, 2024. Seconded
by Sprank. Motion carried 7-0. Motion by Jones to appoint Ms. Anderson to the 3-year
term through January 1, 2022. Seconded by Cavanagh. Motion carried 7-0.
PUBLIC HEARINGS
1. Grant of Easement to T.S.D. Building Partnership, L.L.P.: Proof of publication on
24
notice of public hearing to consider City Council approval of a Grant of Embankment
Easement for the private parking lot embankment over City -owned property along the
Northwest Arterial as part of the Grand River Medical Group site development project on
Westmark Drive, and City Manager recommending approval. Motion by Resnick to re-
ceive and file the documents and adopt Resolution No. 101-21 Disposing of City interest
by Grant of Embankment Easement to T.S.D. Building Partnership, L.L.P. across part of
Lot 1 of Westmark, City of Dubuque, Iowa, and Resolution No. 102-21 Granting an Em-
bankment Easement to T.S.D. Building Partnership, L.L.P. across part of Lot 1 of West -
mark, City of Dubuque, Iowa. Seconded by Cavanagh. Staff stated that no online public
input had been received for this item. Motion carried 7-0.
RESOLUTION NO. 101-21
DISPOSING OF CITY INTEREST BY GRANT OF EMBANKMENT EASEMENT TO
T.S.D. BUILDING PARTNERSHIP, L.L.P. ACROSS PART OF LOT 1 OF WESTMARK,
CITY OF DUBUQUE, IOWA
Whereas, pursuant to resolution and published notice of time and place of hearing,
published in the Telegraph Herald, a newspaper of general circulation published in the
City of Dubuque, Iowa on the 19t" day of March, 2021, the City Council of the City of
Dubuque, Iowa met on this 5t" day of April, 2021, at 6:30 p.m. in the Historic Federal
Building, 350 W. 6t" Street, Dubuque, Iowa, to consider the proposal for the granting of
easement across City owned property described as:
Part of Lot 1 of Westmark, City of Dubuque, Iowa; and
Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objec-
tions, oral or written to the proposed granting of easement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Grant of Embankment Easement to T.S.D. Building Partnership
L.L.P. across Part of Lot 1 of Westmark, City of Dubuque, Iowa, be and the same is
hereby approved.
Section 2. That the Mayor be authorized and directed to execute the Grant of Embank-
ment Easement and the City Clerk be and is hereby authorized and directed to deliver
said Grant of Easement to T.S.D. Building Partnership L.L.P.
Section 3. That the City Clerk be and is hereby authorized and directed to record a
certified copy of this Grant of Embankment Easement in the office of the Dubuque County
Recorder.
Passed, approved and adopted this 5th day of April, 2021.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
RESOLUTION NO. 102-21
GRANTING AN EMBANKMENT EASEMENT TO T.S.D. BUILDING PARTNERSHIP,
L.L.P. ACROSS PART OF LOT 1 OF WESTMARK, CITY OF DUBUQUE, IOWA
Whereas, T.S.D. Building Partnership, L.L.P. has requested a "Grant of Embankment
Easement" across Part of Lot 1 of Westmark, City of Dubuque, Iowa, for a private parking
lot embankment; and
Whereas, Buesing and Associates Inc. has prepared and submitted to the City Council
25
an exhibit showing the easement area for the proposed private parking lot embankment
across Part of Lot 1 of Westmark, City of Dubuque, Iowa; and
Whereas, the City Council of the City of Dubuque, Iowa, has determined that the por-
tion of Part of Lot 1 of Westmark, City of Dubuque, Iowa can be utilized for the for a private
parking lot embankment, as shown on the Exhibit A, in the City of Dubuque, Iowa, and
should be approved.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Grant of Embankment Easement to T.S.D. Building Partnership,
L.L.P. be and the same is hereby approved.
Passed, approved and adopted this 51" day of April, 2021.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
2. 2021 Asphalt Overlay Ramp Project 3: Proof of publication on notice of public hear-
ing to consider City Council approval of the plans, specifications, form of contract and the
estimated cost of $229,358 for the 2021 Asphalt Overlay Ramp Project 3, and City Man-
ager recommending approval. Motion by Jones to receive and file the documents and
adopt Resolution No. 103-21 Approval of plans, specifications, form of contract, and es-
timated cost for the 2021 Asphalt Overlay Ramp Project 3. Seconded by Resnick. Staff
stated that no online public input had been received for this item. Motion carried 7-0.
RESOLUTION NO. 103-21
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTI-
MATED COST FOR THE 2021 ASPHALT OVERLAY RAMP PROJECT 3
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications, form of contract and estimated cost for the
2021 Asphalt Overlay Ramp Project 3, in the estimated amount $173,757.00, are hereby
approved.
Passed, adopted, and approved this 5t" day of April 2021.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
3. Proceedings for the Public Hearing on the Issuance of Not to Exceed $46,250,000
General Obligation Bonds, Not to Exceed $700,000 General Obligation Bonds, Not to
Exceed $700,000 General Obligation Bonds, Not to Exceed $600,000 General Obligation
Bonds, Not to Exceed $950,000 General Obligation Urban Renewal Bonds: Proof of pub-
lication on notice of public hearing to consider City Council approval of the suggested
proceedings for the public hearing on the issuance General Obligation Bonds, and City
Manager recommending approval. Motion by Jones to receive and file the documents
and adopt Resolution No. 104-21 Instituting proceedings to take additional action for the
issuance of not to exceed $46,250,000 General Obligation Bonds; Resolution No. 105-
21 Instituting proceedings to take additional action for the issuance of not to exceed
$700,000 General Obligation Bonds (GCP-2); Resolution No. 106-21 Instituting proceed-
ings to take additional action for the issuance of not to exceed $700,000 General
26
Obligation Bonds (GCP-3); Resolution No. 107-21 Instituting proceedings to take addi-
tional action for the issuance of not to exceed $600,000 General Obligation Bonds; and
Resolution No. 108-21 Instituting proceedings to take additional action for the issuance
of not to exceed $950,000 General Obligation Urban Renewal Bonds. Seconded by
Cavanagh. Staff stated that no online public input had been received for this item. Motion
carried 7-0.
RESOLUTION NO. 104-21
INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE
OF NOT TO EXCEED $46,250,000 GENERAL OBLIGATION BONDS
Whereas, pursuant to notice published as required by law, the City Council has held a
public meeting and hearing upon the proposal to institute proceedings for the issuance of
not to exceed $46,250,000 General Obligation Bonds, for essential corporate purposes,
in order to provide funds to pay the costs of the opening, widening, extending, grading,
and draining of the right-of-way of streets, highways, avenues, alleys and public grounds;
the construction, reconstruction, and repairing of any street improvements; the acquisi-
tion, installation, and repair of sidewalks, storm sewers, sanitary sewers, water service
lines, street lighting, and traffic control devices; and the acquisition of any real estate
needed for any of the foregoing purposes; the rehabilitation and improvement of City
parks and the acquisition, repair and replacement of facilities, equipment and improve-
ments commonly found in City parks; equipping the fire department; and refunding or
refinancing outstanding indebtedness of the City, including General Obligation Bonds,
Series 2012A, General Obligation Bonds, Series 2012B, Taxable General Obligation
Bonds, Series 2012C, General Obligation Bonds, Series 2012D, General Obligation
Bonds, Series 2012E, Taxable General Obligation Bonds, Series 2012F, General Obliga-
tion Urban Renewal Bonds, Series 2012H, General Obligation Bonds, Series 2014B, and
Taxable General Obligation Bonds, Series 2014C, and has considered the extent of ob-
jections received from residents or property owners as to the proposed issuance of
Bonds; and following action is now considered to be in the best interests of the City and
residents thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, STATE OF IOWA-
Section 1. That this Council does hereby institute proceedings and take additional ac-
tion for the authorization and issuance in the manner required by law of not to exceed
$46,250,000 General Obligation Bonds, for the foregoing essential corporate purposes.
Section 2. This Resolution shall serve as a declaration of official intent under Treasury
Regulation 1.150-2 and shall be maintained on file as a public record of such intent. It is
reasonably expected that the general fund moneys may be advanced from time to time
for capital expenditures which are to be paid from the proceeds of the above Bonds. The
amounts so advanced shall be reimbursed from the proceeds of the Bonds not later than
eighteen months after the initial payment of the capital expenditures or eighteen months
after the property is placed in service. Such advancements shall not exceed the amount
authorized in this Resolution unless the same are for preliminary expenditures or unless
another declaration of intention is adopted.
Passed and approved this 5t" day of April 2021.
Roy D. Buol, Mayor
27
Attest: Adrienne N. Breitfelder, City Clerk
RESOLUTION NO. 105-21
INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSU-
ANCE OF NOT TO EXCEED $700,000 GENERAL OBLIGATION BONDS
Whereas, pursuant to notice published as required by law, the City Council has held a
public meeting and hearing upon the proposal to institute proceedings for the issuance of
not to exceed $700,000 General Obligation Bonds, for the general corporate purposes,
in order to provide funds to pay the costs of the reconstruction, expansion of and improve-
ments to the Riverfront docking facility; and the acquisition, improvement, and equipping
of the fire station and facilities, and has considered the extent of objections received from
residents or property owners as to the proposed issuance of Bonds; and no petition was
filed calling for a referendum thereon. The following action is now considered to be in the
best interests of the City and residents thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, STATE OF IOWA:
Section 1. That this Council does hereby institute proceedings and take additional ac-
tion for the authorization and issuance in the manner required by law of not to exceed
$700,000 General Obligation Bonds, for the foregoing general corporate purposes.
Section 2. This Resolution shall serve as a declaration of official intent under Treasury
Regulation 1.150-2 and shall be maintained on file as a public record of such intent. It is
reasonably expected that the general fund moneys may be advanced from time to time
for capital expenditures which are to be paid from the proceeds of the above Bonds. The
amounts so advanced shall be reimbursed from the proceeds of the Bonds not later than
eighteen months after the initial payment of the capital expenditures or eighteen months
after the property is placed in service. Such advancements shall not exceed the amount
authorized in this Resolution unless the same are for preliminary expenditures or unless
another declaration of intention is adopted.
Passed and approved this 5t" day of April 2021.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
V 2 11Y0]1011[30]►10Eel EDl VA
INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSU-
ANCE OF NOT TO EXCEED $700,000 GENERAL OBLIGATION BONDS
Whereas, pursuant to notice published as required by law, the City Council has held a
public meeting and hearing upon the proposal to institute proceedings for the issuance of
not to exceed $700,000 General Obligation Bonds, for the general corporate purposes,
in order to provide funds to pay the costs of construction, renovation, remodeling, im-
provement, equipping and repairing of Town Clock Plaza; acquisition and implementation
of computer equipment including financial and utility billing software; acquisition and
equipping of a light duty minibus, and has considered the extent of objections received
from residents or property owners as to the proposed issuance of Bonds; and no petition
was filed calling for a referendum thereon. The following action is now considered to be
in the best interests of the City and residents thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
m
DUBUQUE, STATE OF IOWA:
Section 1. That this Council does hereby institute proceedings and take additional ac-
tion for the authorization and issuance in the manner required by law of not to exceed
$700,000 General Obligation Bonds, for the foregoing general corporate purposes.
Section 2. This Resolution shall serve as a declaration of official intent under Treasury
Regulation 1.150-2 and shall be maintained on file as a public record of such intent. It is
reasonably expected that the general fund moneys may be advanced from time to time
for capital expenditures which are to be paid from the proceeds of the above Bonds. The
amounts so advanced shall be reimbursed from the proceeds of the Bonds not later than
eighteen months after the initial payment of the capital expenditures or eighteen months
after the property is placed in service. Such advancements shall not exceed the amount
authorized in this Resolution unless the same are for preliminary expenditures or unless
another declaration of intention is adopted.
Passed and approved this 5t" day of April 2021.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
RESOLUTION NO. 107-21
INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE
OF NOT TO EXCEED $600,000 GENERAL OBLIGATION BONDS
Whereas, pursuant to notice published as required by law, the City Council has held a
public meeting and hearing upon the proposal to institute proceedings for the issuance of
not to exceed $600,000 General Obligation Bonds, for the general corporate purposes,
in order to provide funds to pay the costs of acquisition and equipping of a heavy duty
fixed route bus, and has considered the extent of objections received from residents or
property owners as to the proposed issuance of Bonds; and no petition was filed calling
for a referendum thereon. The following action is now considered to be in the best inter-
ests of the City and residents thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, STATE OF IOWA-
Section 1. That this Council does hereby institute proceedings and take additional ac-
tion for the authorization and issuance in the manner required by law of not to exceed
$600,000 General Obligation Bonds, for the foregoing general corporate purposes.
Section 2. This Resolution shall serve as a declaration of official intent under Treasury
Regulation 1.150-2 and shall be maintained on file as a public record of such intent. It is
reasonably expected that the general fund moneys may be advanced from time to time
for capital expenditures which are to be paid from the proceeds of the above Bonds. The
amounts so advanced shall be reimbursed from the proceeds of the Bonds not later than
eighteen months after the initial payment of the capital expenditures or eighteen months
after the property is placed in service. Such advancements shall not exceed the amount
authorized in this Resolution unless the same are for preliminary expenditures or unless
another declaration of intention is adopted.
Passed and approved this 5t" day of April 2021.
Attest: Adrienne N. Breitfelder, City Clerk
29
Roy D. Buol, Mayor
RESOLUTION NO. 108-21
INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE
OF NOT TO EXCEED $950,000 GENERAL OBLIGATION URBAN RENEWAL BONDS
Whereas, pursuant to notice published as required by law, the City Council has held a
public meeting and hearing upon the proposal to institute proceedings for the issuance of
not to exceed $950,000 General Obligation Urban Renewal Bonds, for the essential cor-
porate urban renewal purposes, in order to provide funds to pay the costs of aiding in the
planning, undertaking and carrying out of urban renewal projects under the authority of
Chapter 403 and the Amended and Restated Urban Renewal Plan for the Greater Down-
town Urban Renewal District, such as those costs associated with the reconstruction,
renovation, remodeling, improvement, equipping and repairing of Downtown Parking Gar-
ages and ramps, and has considered the extent of objections received from residents or
property owners as to the proposed issuance of Bonds; and no petition was filed calling
for a referendum thereon. The following action is now considered to be in the best inter-
ests of the City and residents thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, STATE OF IOWA:
Section 1. That this Council does hereby institute proceedings and take additional ac-
tion for the authorization and issuance in the manner required by law of not to exceed
$950,000 General Obligation Urban Renewal Bonds, for the foregoing essential corporate
urban renewal purposes.
Section 2. This Resolution shall serve as a declaration of official intent under Treasury
Regulation 1.150-2 and shall be maintained on file as a public record of such intent. It is
reasonably expected that the general fund moneys may be advanced from time to time
for capital expenditures which are to be paid from the proceeds of the above Bonds. The
amounts so advanced shall be reimbursed from the proceeds of the Bonds not later than
eighteen months after the initial payment of the capital expenditures or eighteen months
after the property is placed in service. Such advancements shall not exceed the amount
authorized in this Resolution unless the same are for preliminary expenditures or unless
another declaration of intention is adopted.
Passed and approved this 5t" day of April 2021.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
PUBLIC INPUT
Related to Action Item No. 2, Judy Wolf, 708 Kelly Ln.; Dave Klavitter, 1090 West 3rd
St.; Duane Hagerty, President/CEO of Heritage Works, 1100 Main St.; and John Gronen,
1766 Plymouth Ct., spoke in opposition to City Council approving the Dream Center's
request to remove 1620 and 1628 White Street from the Washington Street Neighborhood
Conservation District before additional discussions occur between the Dream Center and
various organizations, including Heritage Works and Steeple Square, to identify additional
options. Robert Kimble, Executive Director of the Dream Center, 2519 Washington St.,
summarized the process that led the Dream Center to request the properties' removal
from the district with the intention of demolishing the properties in order to acquire the
necessary green space to qualify as a licensed childcare center.
30
ACTION ITEMS
1. Grand River Center Presentation of 2020 Annual Report: Mitzi Yordy, Manager of
the Grand River Center, made a presentation to the City Council of the 2020 Annual Re-
port. Motion by Resnick to receive and file the information. Seconded by Cavanagh. Mo-
tion carried 7-0.
2. Dream Center: Request to Alter Washington Street Neighborhood Conservation Dis-
trict Boundaries: City Clerk transmitted correspondence from the Dream Center regarding
a request to remove 1620 and 1628 White Street from the Washington Street Neighbor-
hood Conservation District, and City Manager recommended approval. Motion by Jones
to receive and file the communications and that the requirement that a proposed ordi-
nance be considered and voted on for passage at two Council meetings prior to the meet-
ing at which it is to be passed be suspended. Motion failed for lack of a second. Motion
by Jones to approve First Reading of a proposed ordinance amending Title 16 of the City
of Dubuque Code of Ordinances, Unified Development Code, by amending Article 10-8-
A-4 pertaining to alteration of the Washington Street Neighborhood Conservation District
to remove the properties at 1620 & 1628 White Street. Seconded by Roussell. City Coun-
cil Members discussed at length the options for the properties. Mayor Buol stated that
there was delayed public input via the City of Dubuque Facebook page from Anderson
Sainci questioning the financial impact of not moving forward with the Dream Center's
request. Responding to a question from the City Council, City Attorney Brumwell summa-
rized the 3-meeting process for adopting an ordinance, as well as the option to waive the
readings. Mr. Kimble responded to a question from the City Council regarding the Dream
Center's project timeline for attaining the required green space to become a licensed
childcare center. Motion carried 7-0.
3. Second Round of Fiscal Year 2021 Purchase of Services Grant Recommendations:
City Manager recommended approval of the recommended funding for the Fiscal Year
2021 Purchase of Services Grant applications as follows:
• Convivium Urban Farmstead, Free Take n' Bake Meals ($23,000)
• Opening Doors, Permanent Supportive Housing ($25,000)
• Dubuque YMCA/YWCA, Domestic Violence Shelter Services ($15,824)
• Four Oaks Family and Children's Services, Four Oaks Dubuque Supportive Housing
Services ($20,496)
• Almost Home @ St. John's, Homeless Shelter Services ($15,680)
Motion by Cavanagh to receive and file the documents and adopt Resolution No. 109-
21 Authorizing execution of Community Development Block Grant (CDBG) Purchase of
Services Grant Agreements. Seconded by Resnick. Motion carried 7-0.
RESOLUTION NO. 109-21
AUTHORIZING EXECUTION OF COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) PURCHASE OF SERVICES GRANT AGREEMENTS
Whereas, the following non-profit organizations prepared and submitted requests to
provide support for human service programs in the City of Dubuque:
31
• Almost Home @ St. John's
• Convivium Urban Farmstead
• Dubuque YMCA/YWCA
• Four Oaks Family and Children's Services
• Opening Doors; and
Whereas, the City Council approved the Community Development Block Grant FY
2021 Annual Action Plan Amendment 2 budget that included the Purchase of Services
allocation; and
Whereas, the submissions have been approved by the Community Development Ad-
visory Commission on March 17th, 2021; and
Whereas, all services provided will be to a minimum of 51 % low/moderate income res-
idents.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Funding Approval/Agreements, authorized by the Community De-
velopment Advisory Commission beginning April 1, 2021 for Purchase of Services Grants
to the aforementioned organizations be approved.
Section 2. That the Mayor of the City of Dubuque is hereby authorized and directed to
execute said Agreement and related documents on behalf of the City of Dubuque, Iowa.
Passed, approved, and adopted this 5t" day of April 2021.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
4. Request to Schedule Work Session - Cyber Security Update: City Manager re-
quested the City Council schedule a work session for May 3, 2021 at 5:00 p.m. to provide
a cyber security update. Motion by Cavanagh to receive and file the documents and
schedule the work session as recommended. Seconded by Resnick. No schedule con-
flicts were expressed. Motion carried 7-0.
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Council Member Cavanagh inquired about the timeline for City Council returning to in -
person meetings in Council Chambers. Mayor Buol stated that May 17 is the planned
date for the City's buildings to open to the public and anticipates that the June 7 Council
meeting is the first meeting that could be considered as an in -person option. Mayor Buol
stated that City Council meetings would operate in a hybrid approach, with the City Coun-
cil meeting in -person and limiting in -person attendance to any member of the public with
business for the City Council. Once herd immunity is achieved, then the City Council
would consider returning to standard meeting practices pre -pandemic.
Council Member Roussell reported on her service on the Dubuque County Early Child-
hood Board and thanked Mayor Buol for serving on the State Childcare Board. Ms. Rous-
sell also reported on her recent appointment to the National League of Cities Race, Eq-
uity, and Leadership Council.
Mayor Buol advised everyone share the City's recent vaccination hotline with the pub-
lic.
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There being no further business, Mayor Buol declared the meeting adjourned at 8:39
p.m.
/s/Adrienne N. Breitfelder, City Clerk
33