08 02 21 City Council Proceedings Official_Special and RegularCITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
OFFICIAL
The Dubuque City Council met in special session at 5:00 p.m. on August 2, 2021, in
the second -floor Council Chambers of the Historic Federal Building, 350 W. 6th Street.
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 2021-2023 Equity Plan Projects up-
date.
WORK SESSION
2021-2023 Equity Plan Projects update
Kelly Larson, Human Rights Director; Collins Eboh, Organizational Equity Coordinator;
Mark Dalsing, Chief of Police; Rick Steines, Fire Chief; Chris Kohlmann, Information Ser-
vices Manager; Dave Lyons, Sustainable Innovation Consultant with Greater Dubuque
Development Corporation; and Jill Connors, Economic Development Director presented
updates on the status of several projects that are part of the 2021-2023 City of Dubuque
Equity Plan. Topics included:
• Equity Impact Questions
• Dubuque Community Police Relations Committee
• School Resource Officer Work Group
• Development of Equity Metrics
• Housing Credit Repair
• Housing Choice for Housing Choice Voucher (HCV) Recipients
• Fair Housing Enforcement
• Municipal Careers Pipeline
• Equitable Fine and Fee Reform
• Potential Strategies for Advancing Equity
• Re -imagining Policing
• Fire Department Training in Critical Incident Response
• Digital Equity
• Targeted Small Businesses
Ms. Larson responded to questions from the City Council following the presentation.
City Manager Van Milligen stated that the data analyst position in the recently established
Office of Shared Prosperity and the release of census data in the next few months will
both provide valuable data for equity projects.
There being no further business, Mayor Buol declared the meeting adjourned at 6:29
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 August 2, 2021, in
the second -floor Council Chambers of the Historic Federal Building, 350 W. 6th Street.
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
PRESENTATION(S)
1. Iowa City/County Managers Association (IaCMA) 2021 Emerging Leader Award
Presentation: Dylan Mulfinger, City Administrator for the City of Oelwein, presented As-
sistant City Manager Cori Burbach with the Iowa City/County Managers Association
(IaCMA) 2021 Emerging Leader Award.
2. COVID-19 Update: Mary Rose Corrigan, Public Health Specialist for the City of
Dubuque, provided an update on the COVID-19 pandemic and response activities.
PROCLAMATION(S)
1. Miracle League of Dubuque Day Proclamation (August 10, 2021) was accepted by
Merlin Santjer on behalf of Miracle League of Dubuque.
C916P►694Z11i1194Lvi61
Motion by Resnick to receive and file the documents, adopt the resolutions, and dis-
pose of as indicated. Seconded by Farber. Motion carried 7-0.
1. Minutes and Reports Submitted: City Council proceedings of 7/19; Arts and Cultural
Affairs Advisory Commission of 6/22 and 7/13; Five Flags Civic Center Advisory Commis-
sion of 5/3; Historic Preservation Commission of 6/17 and 7/15; Proof of Publication for
City Council Proceedings of 7/6. Upon motion the documents were received and filed.
2. Notice of Claims and Suits: Jennifer Avery for vehicle damage; Masud Hamid for
personal injury; Mark and Diane Link for property damage. Upon motion the documents
were received, filed, and referred to the City Attorney.
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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: Jennifer Avery for vehicle damage; Mark and Diane Link for property dam-
age. Upon motion the documents were received, filed, and concurred.
4. Approval of City Expenditures: City Manager recommended City Council approval
for payment of City expenditures. Upon motion the documents were received and filed,
and Resolution No. 261-21 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. 261-21
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
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 2nd day of August, 2021.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
5. Resolution Approving Fund Transfers for Capital Projects and Other Expense
Reimbursements in Fiscal Year 2021 — Period 13: City Manager recommended approval
of the suggested proceedings approving a transfer of funds for capital projects and other
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expense reimbursements. Upon motion the documents were received and filed, and Res-
olution No. 262-21 Authorizing the Director of Finance and Budget to make the appropri-
ate interfund transfers of sums and record the same in the appropriate manner for the FY
2021 for the City of Dubuque, Iowa was adopted.
RESOLUTION NO. 262-21
AUTHORIZING THE DIRECTOR OF FINANCE AND BUDGET TO MAKE THE
APPROPRIATE INTERFUND TRANSFERS OF SUMS AND RECORD THE SAME IN
THE APPROPRIATE MANNER FOR THE FY 2021 FOR THE CITY OF DUBUQUE,
IOWA
Whereas, Iowa Administrative Rules Code Section 545-2.5(5) implements Iowa Code
Section 384.18 and provides that the City Council shall approve all transfers of moneys
from one budgeted fund to another budgeted fund as provided in Iowa Administrative
Rules Code Section 545-2.5(5).
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Authorize the Director of Finance and Budget to Transfer Funds. That the
Director of Finance and Budget be and is hereby authorized by the City Council to make
the appropriate interfund transfer of sums and record the same in the appropriate manner
for FY 2021.
Section 2. Transfer of Funds. That the Director of Finance and Budget will transfer the
following sums and to record the same in the appropriate manner:
1. Transfer from the General Fund to the Debt Service Fund-$212.59 to correct
previous transfer for annual debt service payments.
2. Transfer from Dubuque Industrial Center Tax Increment Financing Fund to the
Debt Service Fund $879.89 to correct previous transfer for annual debt service pay-
ments.
3. Transfer from the North Cascade Tax Increment Financing Fund to the General
Fund $10,968.54 for the reimbursement of Tax Increment Financing eligible ex-
penses.
4. Transfer from Greater Downtown Tax Increment Financing Fund to the General
Fund $134,704.00 for the reimbursement of Tax Increment Financing eligible ex-
penses.
5. Transfer from Greater Downtown Tax Increment Financing Fund to the Debt
Service Fund $183,553.07 to correct previous transfer for annual debt service pay-
ments.
6. Transfer from Sales Tax Construction Fund to the Debt Service Fund $1,000.31
to correct previous transfer for annual debt service payments.
7. Transfer from America's River Special Revenue Fund to the General Fund
$3.65 to close the fund.
8. Transfer from Dubuque Brewing and Malting Tax Increment Financing Fund to
the Greater Downtown Tax Increment Financing Fund $0.36 to close the fund.
9. Transfer from the General Fund to the Golf Construction Special Revenue Fund
$56,724.00 for Fiscal Year 2021 positive golf operating results.
Passed, approved and adopted this 2nd day of August 2021.
Roy D. Buol, Mayor
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Attest: Adrienne N. Breitfelder, City Clerk
6. Proceedings to Complete Action on Issuance of $3,505,000 Water Revenue Re-
funding Bonds, Series 2021 C: City Manager recommended approval of the suggested
proceedings to complete the action required on the recent Series 2021 C Water Revenue
Refunding Bonds Upon motion the documents were received and filed, and Resolution
No.263-21 Appointing UMB Bank, N.A. of West Des Moines, Iowa, to serve as Paying
Agent, Bond Registrar, and Transfer Agent, approving the Paying Agent and Bond Reg-
istrar and Transfer Agent Agreement and authorizing the execution of the agreement/ and
Resolution No. 264-21 A Series Resolution authorizing and providing for the issuance
and securing the payment of $3,505,000 Water Revenue Refunding Bonds, Series
2021 C, of the City of Dubuque, State of Iowa, under the provisions of the City Code of
Iowa, and providing for a method of payment of the bonds were adopted.
RESOLUTION NO. 263-21
APPOINTING UMB BANK, N.A. OF WEST DES MOINES, IOWA, TO SERVE AS PAY-
ING AGENT, BOND REGISTRAR, AND TRANSFER AGENT, APPROVING THE PAY-
ING AGENT AND BOND REGISTRAR AND TRANSFER AGENT AGREEMENT AND
AUTHORIZING THE EXECUTION OF THE AGREEMENT
Whereas, pursuant to the provisions of Chapter 75 of the Code of Iowa, $3,505,000
Water Revenue Refunding Bonds, Series 2021 C, dated August 18, 2021, have been sold
at public sale and action should now be taken to provide for the maintenance of records,
registration of certificates and payment of principal and interest in connection with the
issuance of the Bonds; and
Whereas, this Council has deemed that the services offered by UMB Bank, N.A. of
West Des Moines, Iowa, are necessary for compliance with rules, regulations, and re-
quirements governing the registration, transfer and payment of registered bonds; and
Whereas, a Paying Agent, Bond Registrar and Transfer Agent Agreement (hereafter
"Agreement") has been prepared to be entered into between the City and UMB Bank,
N.A.
NOW, THEREFORE, BE IT RESOLVED BY THE City of Dubuque, STATE OF IOWA:
That UMB Bank, N.A. of West Des Moines, Iowa, is hereby appointed to serve as
Paying Agent, Bond Registrar and Transfer Agent in connection with the issuance of
$3,505,000 Water Revenue Refunding Bonds, Series 2021 C, dated August 18, 2021.
That the Agreement with UMB Bank, N.A. of West Des Moines, Iowa, is hereby ap-
proved and that the Mayor and Clerk are authorized to sign the Agreement on behalf of
the City.
Passed and approved this 2nd day of August, 2021.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
RESOLUTION NO. 264-21
AUTHORIZING AND PROVIDING FOR THE ISSUANCE AND SECURING THE PAY-
MENT OF $3,505,000 WATER REVENUE REFUNDING BONDS, SERIES 2021C, OF
THE CITY OF DUBUQUE, STATE OF IOWA, UNDER THE PROVISIONS OF THE CITY
CODE OF IOWA, AND PROVIDING FOR A METHOD OF PAYMENT OF THE BONDS
Whereas, the City Council of the City of Dubuque, State of Iowa, sometimes hereinafter
referred to as the "Issuer", has heretofore established charges, rates and rentals for ser-
vices which are and will continue to be collected as system revenues of the Municipal
Water Utility System, sometimes hereinafter referred to as the "System", and Net Reve-
nues are available for the payment of Water Revenue Bonds, subject to the following
premises; and
Whereas, the Issuer proposes to issue its Water Revenue Bonds, Series 2021 C to the
extent of $3,505,000 for the purpose of defraying the costs of the project as set forth in
Section 3 of this Resolution; and
Whereas, the notice of intention of Issuer to take action for the issuance of $3,505,000
Water Revenue Refunding Bonds has heretofore been duly published and no objections
to such proposed action have been filed; and the Issuer desires to proceed with the issu-
ance of $3,505,000 Bonds:
Whereas, by Resolution No. 379-08 passed and approved on October 20, 2008 (the
"Master Resolution"), the City Council heretofore has authorized the issuance of
$1,195,000 Water Revenue Bonds, Series 2008D, for the purpose of financing the con-
struction of the Series 2008D Project described therein, and to pay related costs of issu-
ance; and
Whereas, there have been heretofore issued certain Water Revenue Bonds, Notes or
other obligations, part of which remain outstanding and are a lien on the Net Revenues
of the System; and
Whereas, Section 8.2 of the Master Resolution authorizes the issuance of Refunding
Bonds by the City from time to time, if all of the conditions set forth therein are satisfied;
and
Whereas, the Council has determined to issue additional Senior Bonds, and has de-
termined that, upon passage of this Series Resolution and receipt of the reports described
in Section 8.2 of the Master Resolution, all of the requirements of Article VI I I of the Master
Resolution with respect to the issuance of additional Senior Bonds will have been satis-
fied.
NOW, THEREFORE, BE IT RESOLVED BY THE City Council OF THE City of Dubu-
que, IN THE COUNTY OF Dubuque, STATE OF IOWA:
Section 1. Definitions. Except as otherwise provided below in this Article I, all words
and terms defined in Article I of the Master Resolution shall have the same meanings in
this Series Resolution as such defined words and terms are given in Article I of the Master
Resolution. In addition, the following terms shall have the following meanings in this Se-
ries Resolution unless the text expressly or by necessary implication requires otherwise:
• "Bonds" or the "Series 2021 C Bonds" shall mean $3,505,000 Water Revenue Re-
funding Bonds, Series 2021 C, authorized to be issued by this Resolution.
• "Call Date" shall mean August 23, 2021, on which date the Refunded Bonds shall
be redeemed and paid.
• "Cede & Co." shall mean Cede & Co., the nominee of DTC, and any successor
nominee of DTC with respect to the Bonds.
• "Clerk" shall mean the City Clerk, or such other officer of the successor Governing
Body as shall be charged with substantially the same duties and responsibilities.
• "Continuing Disclosure Certificate" shall mean that certain Continuing Disclosure
Certificate executed by the Issuer and dated the date of issuance and delivery of the
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Bonds, as originally executed and as it may be amended from time to time in accord-
ance with the terms thereof.
• "Master Resolution" means the City Council Resolution No. 379-08, passed and
approved on October 20, 2008, entitled "Master Resolution relating to the issuance of
Water Revenue Bonds by the City of Dubuque, Iowa under the provisions of Chapter
384 of the Code of Iowa, authorizing and providing for the issuance and securing the
payment of $1,195,000 Water Revenue Bonds, Series 2008D, providing for a method
of payment thereof, funding a Debt Service Reserve Fund, and related matters," as the
same may be amended from time to time.
• "Original Purchaser" shall mean the purchaser of the Bonds from Issuer at the time
of their original issuance.
• "Paying Agent" shall mean UMB Bank, N.A., or such successor as may be ap-
proved 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
Bonds as the same shall become due.
• "Refunded Bonds" shall mean $215,000 of the Water Revenue Bonds, Series
2010D dated September 21, 2010, and $3,610,000 of the Water Revenue Bonds, Se-
ries 2008D dated November 4, 2008.
• "Registrar" shall mean UMB Bank, N.A. of West Des Moines, Iowa, or such suc-
cessor as may be approved by Issuer as provided herein and who shall carry out the
duties prescribed herein with respect to maintaining a register of the owners of the
Bonds. Unless otherwise specified, the Registrar shall also act as Transfer Agent for
the Bonds.
• "Reserve Fund Requirement" shall mean an amount equal to the lesser of (a) the
maximum annual amount of the principal and interest coming due on the Bonds and
Parity Bonds; (b) 10% of the stated principal amount of the Bonds and Parity Bonds or
(c) 125% of the average annual principal and interest coming due on the Bonds and
Parity Bonds. For purposes of this definition: (1) "issue price" shall be substituted for
"stated principal amount" for issues with original issue discount or original issue pre-
mium of more than a de minimus amount and (2) stated principal amount shall not
include any portion of an issue refunded or advance refunded by a subsequent issue.
• "Series Resolution" shall mean this resolution authorizing the issuance of the
Bonds.
• "Series 2021 C Costs of Issuance Account" means the account by that name within
the Project Fund established in Section 5.1 of the Master Resolution.
• "Series 2021 C Projects" shall paying costs of refunding outstanding revenue obli-
gations of the City, including Water Revenue Bonds, Series 2010D dated September
21, 2010, and Water Revenue Bonds, Series 2008D dated November 4, 2008.
• "Series 2021 C Projects Account" means the account by that name within the Pro-
ject Fund established in Section 5.1 of the Master Resolution.
• "Series 2021 C Rebate Account" means the account by that name within the Re-
bate Fund established in Section 6.10 of the Master Resolution.
• "Tax Exemption Certificate" shall mean the Tax Exemption Certificate executed by
the Treasurer and delivered at the time of issuance and delivery of the Bonds.
• "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
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payment of the Bonds issued hereunder.
Section 2. Authority. The Bonds authorized by this Resolution shall be issued pursuant
to Division V, Chapter 384 of the City Code of Iowa, and in compliance with the Master
Resolution and all applicable provisions of the Constitution and laws of the State of Iowa.
Section 3. Status as Series Resolution and Senior Bonds. This Series Resolution shall
constitute and be treated as a Series Resolution within the meaning of the Master Reso-
lution. The terms of the Master Resolution are hereby ratified, confirmed and approved
and all of the provisions thereof are hereby made applicable to the Series 2021 C Bonds
as if fully set forth herein, except as the same may otherwise be modified in this Series
Resolution. The Series 2012C Bonds shall constitute and be treated for all purposes as
Senior Bonds under the Master Resolution.
Section 4. Authorization and Purpose. Pursuant to the Master Resolution, there are
hereby authorized to be issued, negotiable, serial, fully registered Water Revenue Re-
funding Bonds of the City, in the County of Dubuque, State of Iowa, Series 2021, in the
aggregate amount of $3,505,000 for the purpose of paying costs of refunding outstanding
revenue obligations of the City, including Water Revenue Bonds, Series 2010D dated
September 21, 2010, and Water Revenue Bonds, Series 2008D dated November 4, 2008.
Section 5. Source of Payment. The Bonds herein authorized and Parity Bonds and the
interest thereon shall be payable solely and only out of the Net Revenues of the System
and shall be a first lien on the future Net Revenues of the System. The Bonds shall not
be general obligations of the Issuer nor shall they be payable in any manner by taxation
and the Issuer shall be in no manner liable by reason of the failure of the Net Revenues
to be sufficient for the payment of the Bonds.
Section 6. Bond Details. Pursuant to the provisions of the Master Resolution, and in
particular Section 8.2 thereof, Water Revenue Refunding Bonds of the City in the amount
of $3,505,000 shall be issued pursuant to the provisions of Section 384.83 of the City
Code of Iowa for the aforesaid purpose. The Bonds shall be issued as Senior Bonds
under the terms of the Master Resolution, shall be designated "water revenue REFUND-
ING bond, SERIES 2021 C", be dated August 18, 2021, and bear interest from the date
thereof, until payment thereof, at the office of the Paying Agent, the interest payable on
December 1, 2021 and semiannually thereafter on the 1 st day of June and December in
each year until maturity at the rates hereinafter provided.
The Bonds shall be in substantially the form set forth in Exhibit A attached hereto, with
such variations, omissions, substitutions and insertions as are required or permitted by
this Series Resolution.
The Bonds shall be executed by the manual or facsimile signature of the Mayor and
attested by the manual or facsimile signature of the City Clerk, and impressed or printed
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 to the registered owner of the Bond. The
Bonds shall be in the denomination of $5,000 or multiples thereof. The Bonds shall ma-
ture and bear interest as follows:
Principal Amount, Interest Rate, Maturity June 1st
$340,000, 2.000%, 2022
$360,000, 2.000%, 2023
$370,000, 2.000%, 2024
1.1
$380,000, 2.000%, 2025
$390,000, 2.000%, 2026
$400,000, 2.000%, 2027
$410,000, 2.000%, 2028
$420,000, 2.000%, 2029
$435,000, 2.000%, 2030
Section 7. Redemption. Bonds maturing after June 1, 2028, may be called for redemp-
tion by the Issuer and paid before maturity on such date or any date thereafter, from any
funds regardless of source, in whole or from time to time in part, in any order of maturity
and within an annual maturity by lot. The terms of redemption shall be par, plus accrued
interest to date of call.
Notice of redemption shall be given as provided in the Master Resolution.
Section 8. Issuance of Bonds in Book -Entry Form; Replacement Bonds.
a. Notwithstanding the other provisions of this Resolution regarding registration,
ownership, transfer, payment and exchange of the Bonds, unless the Issuer deter-
mines to permit the exchange of Depository Bonds for Bonds in the Authorized De-
nominations, the Bonds shall be issued as Depository Bonds in denominations of the
entire principal amount of each maturity of Bonds (or, if a portion of the principal
amount is prepaid, the principal amount less the prepaid amount); and such Depository
Bonds shall be registered in the name of Cede & Co., as nominee of DTC. Payment of
semi-annual interest for any Depository Bond shall be made by wire transfer or New
York Clearing House or equivalent next day funds to the account of Cede & Co. on the
interest payment date for the Bonds at the address indicated in or pursuant to the
Representation Letter.
b. With respect to Depository Bonds, neither the Issuer nor the Paying Agent shall
have any responsibility or obligation to any Participant or to any Beneficial Owner.
Without limiting the immediately preceding sentence, neither the Issuer nor the Paying
Agent shall have any responsibility or obligation with respect to (i) the accuracy of the
records of DTC or its nominee or of any Participant with respect to any ownership
interest in the Bonds, (ii) the delivery to any Participant, any Beneficial Owner or any
other person, other than DTC or its nominee, of any notice with respect to the Bonds,
(iii) the payment to any Participant, any Beneficial Owner or any other person, other
than DTC or its nominee, of any amount with respect to the principal of, premium, if
any, or interest on the Bonds, or (iv) the failure of DTC to provide any information or
notification on behalf of any Participant or Beneficial Owner.
The Issuer and the Paying Agent may treat DTC or its nominee as, and deem DTC
or its nominee to be, the absolute owner of each Bond for the purpose of payment of
the principal of, premium, if any, and interest on such Bond, for the purpose of all other
matters with respect to such Bond, for the purpose of registering transfers with respect
to such Bonds, and for all other purposes whatsoever (except for the giving of certain
Bondholder consents, in accordance with the practices and procedures of DTC as may
be applicable thereto). The Paying Agent shall pay all principal of, premium, if any,
and interest on the Bonds only to or upon the order of the Bondholders as shown on
the Registration Books, and all such payments shall be valid and effective to fully sat-
isfy and discharge the Issuer's obligations with respect to the principal of, premium, if
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any, and interest on the Bonds to the extent so paid. Notwithstanding the provisions
of this Resolution to the contrary (including without limitation those provisions relating
to the surrender of Bonds, registration thereof, and issuance in Authorized Denomina-
tions), as long as the Bonds are Depository Bonds, full effect shall be given to the
Representation Letter and the procedures and practices of DTC thereunder, and the
Paying Agent shall comply therewith.
c. Upon (i) a determination by the Issuer that DTC is no longer able to carry out its
functions or is otherwise determined unsatisfactory, or (ii) a determination by DTC that
the Bonds are no longer eligible for its depository services or (iii) a determination by
the Paying Agent that DTC has resigned or discontinued its services for the Bonds, if
such substitution is authorized by law, the Issuer shall (A) designate a satisfactory
substitute depository as set forth below or, if a satisfactory substitute is not found, (B)
provide for the exchange of Depository Bonds for replacement Bonds in Authorized
Denominations.
d. To the extent authorized by law, if the Issuer determines to provide for the ex-
change of Depository Bonds for Bonds in Authorized Denominations, the Issuer shall
so notify the Paying Agent and shall provide the Registrar with a supply of executed
unauthenticated Bonds to be so exchanged. The Registrar shall thereupon notify the
owners of the Bonds and provide for such exchange, and to the extent that the Bene-
ficial Owners are designated as the transferee by the owners, the Bonds will be deliv-
ered in appropriate form, content and Authorized Denominations to the Beneficial Own-
ers, as their interests appear.
e. Any substitute depository shall be designated in writing by the Issuer to the Paying
Agent. Any such substitute depository shall be a qualified and registered "clearing
agency" as provided in Section 17A of the Securities Exchange Act of 1934, as
amended. The substitute depository shall provide for (i) immobilization of the Deposi-
tory Bonds, (ii) registration and transfer of interests in Depository Bonds by book en-
tries made on records of the depository or its nominee and (iii) payment of principal of,
premium, if any, and interest on the Bonds in accordance with and as such interests
may appear with respect to such book entries.
Section 9. Registration of Bonds; Appointment of Registrar; Transfer; Ownership; De-
livery; and Cancellation.
a. Registration. The ownership of Bonds may be transferred only by the making of
an entry upon the books kept for the registration and transfer of ownership of the
Bonds, and in no other way. UMB Bank, N.A. is hereby appointed as Bond Registrar
under the terms of this Resolution and under the provisions of a separate 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 Bonds for
the payment of principal of and interest on the Bonds as provided in this Resolution.
All Bonds shall be negotiable as provided in Article 8 of the Uniform Commercial Code
and Section 384.83(5) of the Code of Iowa, subject to the provisions for registration
and transfer contained in the Bonds and in this Resolution.
b. Transfer. The ownership of any Bond may be transferred only upon the Registra-
tion Books kept for the registration and transfer of Bonds and only upon surrender
thereof at the office of the Registrar together with an assignment duly executed by the
holder or his duly authorized attorney in fact in such form as shall be satisfactory to the
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Registrar, along with the address and social security number or federal employer iden-
tification 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 regis-
tered owner of a Bond (other than a registered owner which is the nominee of the
broker or dealer in question) is that of a broker or dealer, there must be disclosed on
the Registration Books the information pertaining to the registered owner required
above. Upon the transfer of any such Bond, a new fully registered Bond, of any de-
nomination or denominations permitted by this Resolution in aggregate principal
amount equal to the unmatured and unredeemed principal amount of such transferred
fully registered Bond, 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 Bonds. In all cases of the transfer of the Bonds, the
Registrar shall register, at the earliest practicable time, on the Registration Books, the
Bonds, in accordance with the provisions of this Resolution.
d. Ownership. As to any Bond, the person in whose name the ownership of the same
shall be registered on the Registration Books of the Registrar shall be deemed and
regarded as the absolute owner thereof for all purposes, and payment of or on account
of the principal of any such Bonds 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 repre-
sentative. All such payments shall be valid and effectual to satisfy and discharge the
liability upon such Bond, including the interest thereon, to the extent of the sum or
sums so paid.
e. Cancellation. All Bonds which have been redeemed shall not be reissued but shall
be cancelled by the Registrar. All Bonds 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 can-
celled Bonds to the Issuer.
f. Non -Presentment of Bonds. In the event any payment check, wire, or electronic
transfer of funds representing payment of principal of or interest on the Bonds is re-
turned to the Paying Agent or if any bond is not presented for payment of principal at
the maturity or redemption date, if funds sufficient to pay such principal of or interest
on Bonds 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 Bonds shall forthwith cease, terminate and be completely discharged, and
thereupon it shall be the duty of the Paying Agent to hold such funds, without liability
for interest thereon, for the benefit of the owner of such Bonds 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 Bonds. The Paying Agent's
obligation to hold such funds shall continue for a period equal to two years and six
months following the date on which such interest or principal became due, whether at
maturity, or at the date fixed for redemption thereof, or otherwise, at which time the
Paying Agent shall surrender any remaining funds so held to the Issuer, whereupon
any claim under this Resolution by the Owners of such interest or Bonds of whatever
nature shall be made upon the Issuer.
Section 10. Reissuance of Mutilated, Destroyed, Stolen or Lost Bonds. In case any
outstanding Bond shall become mutilated or be destroyed, stolen or lost, the Issuer shall
11
at the request of Registrar authenticate and deliver a new Bond of like tenor and amount
as the Bond so mutilated, destroyed, stolen or lost, in exchange and substitution for such
mutilated Bond to Registrar, upon surrender of such mutilated Bond, or in lieu of and
substitution for the Bond destroyed, stolen or lost, upon filing with the Registrar evidence
satisfactory to the Registrar and Issuer that such Bond 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 11. Record Date. Payments of principal and interest, otherwise than upon full
redemption, made in respect of any Bond, shall be made to the registered holder thereof
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 discharge
the obligations of the Issuer in respect of such Bonds to the extent of the payments so
made. Payment of principal shall only be made upon surrender of the Bond to the Paying
Agent.
Section 12. Execution, Authentication and Delivery of the Bonds. Upon the adoption of
this Resolution, the Mayor and Clerk shall execute and deliver the Bonds to the Registrar,
who shall authenticate the Bonds and deliver the same to or upon order of the Original
Purchaser. No Bond 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 execute on such
Bond a Certificate of Authentication substantially in the form of the Certificate herein set
forth. Such Certificate upon any Bond executed on behalf of the Issuer shall be conclusive
evidence that the Bond so authenticated has been duly issued under this Resolution and
that the holder thereof is entitled to the benefits of this Resolution.
No Bonds shall be authenticated and delivered by the Registrar, unless and until
there shall have been provided the following:
1. A certified copy of the resolution of Issuer authorizing the issuance of the
Bonds.
2. A written order of Issuer signed by the Treasurer directing the authentication
and delivery of the Bonds to or upon the order of the Original Purchaser upon pay-
ment of the purchase price as set forth therein.
3. The opinion of Ahlers & Cooney, P.C., Bond Counsel, affirming the validity and
legality of all the Bonds proposed to be issued.
Section 13. 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 bondholder.
Section 15. Application of Bond Proceeds - Redemption and Current Refunding of Re-
funded Bonds. Proceeds of the Bonds shall be applied as follows:
• An amount equal to $350,500 from the existing reserve fund in place for the Re-
funded Bonds shall be deposited in the Reserve Fund.
• $3,825,000 of proceeds shall be deposited in trust with the Treasurer for the pay-
ment of the Refunded Bonds and is irrevocably appropriated exclusively to the pay-
ment of principal of, interest on and premium, if any, due on the redemption thereof of
the Refunded Bonds. Said amount shall be held separately from all other moneys or
accounts, in cash or direct obligations of the United States, maturing on or before the
12
Call Date of the Refunded Bonds, and is determined to be sufficient to retire on the
designated Call Date all of such obligations, together with the interest thereon to the
designated redemption date and premium thereon, if any, that may be payable on the
redemption of the same.
• The remaining proceeds shall be held by the Treasurer and applied to pay the
costs of issuance of the Bonds.
The Refunded Bonds are called and shall be redeemed as of the Call Date. The Clerk
is hereby authorized and directed to cause notice of such redemption to be given in com-
pliance with the terms of the Refunded Bonds.
Any excess proceeds remaining on hand after completion of the purpose of issuance
shall be used to call or otherwise retire Bonds.
Section 16. The Series 2021 C Bonds shall be issued as Senior Bonds under the Mas-
ter Resolution, and shall be secured by and payable from amounts held in the Debt Ser-
vice Reserve Fund established in the Master Resolution. Upon issuance of the Series
2021 C Bonds, the amount to be accumulated and maintained in the Debt Service Re-
serve Fund shall be increased, and shall continue to remain equal to 100% of the Debt
Service Reserve Requirement computed on a basis which includes all Senior Bonds
which will be Outstanding immediately after issuance of the Series 2021 C Bonds and
which are not Senior SRF Bonds. Bonds which will be Outstanding immediately after is-
suance of the Series 2021 C Bonds and which are not Senior SRF Bonds. Notwithstanding
any language to the contrary in the Master Resolution, the Debt Service Reserve Re-
quirement shall be computed as described in this Series Resolution.
Section 17. Disposition of Bond Proceeds; Arbitrage Not Permitted. The Issuer rea-
sonably expects and covenants that no use will be made of the proceeds from the issu-
ance and sale of the Bonds issued hereunder which will cause any of the Bonds 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 Bonds it will
comply with the requirements of the 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 Bonds will be used in a manner that would cause the
Bonds 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 Treasurer 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 Bonds to
certify as to the reasonable expectations and covenants of the Issuer at that date.
The Issuer covenants that it will treat as Yield Restricted any proceeds of the Bonds
remaining unexpended after three years from the issuance and any other funds required
by the Tax Exemption Certificate to be so treated. If any investments are held with respect
to the Bonds and Parity Bonds, the Issuer shall treat the same for the purpose of restricted
yield as held in proportion to the original principal amounts of each issue.
The Issuer covenants that it will exceed any investment yield restriction provided in this
Resolution only in the event that it shall first obtain an opinion of recognized bond counsel
that the proposed investment action will not cause the Bonds to be classified as arbitrage
13
bonds under Section 148(a) and (b) of the Internal Revenue Code or regulations issued
thereunder.
The Issuer covenants that it will proceed with due diligence to spend the proceeds of
the Bonds for the purpose set forth in this Resolution. The Issuer further covenants that
it will make no change in the use of the proceeds available for the construction of facilities
or change in the use of any portion of the facilities constructed therefrom by persons other
than the Issuer or the general public unless it has obtained an opinion of bond counsel or
a revenue ruling that the proposed project or use will not be of such character as to cause
interest on any of the Bonds not to be exempt from federal income taxes in the hands of
holders other than substantial users of the project, under the provisions of Section 142(a)
of the Internal Revenue Code of the United States, related statutes and regulations.
Section 18. Additional Covenants, Representations and Warranties of the Issuer. The
Issuer certifies and covenants with the purchasers and holders of the Bonds 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 Bonds; (c) consult with bond counsel (as defined in the
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 Bonds; (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. Severability. If any section, paragraph, or provision of this Resolution shall
be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of
such section, paragraph or provision shall not affect any of the remaining provisions.
Section 20. General Authorization. From and after the date of adoption of this Series
Resolution, the officers, employees and agents of the City are hereby authorized to do all
such acts and things and to execute and deliver any and all other documents, agree-
ments, certificates and instruments relating to the Series 2021 C Bonds, the investment
of the proceeds thereof and the other transactions contemplated on the part of the City
by this Series Resolution, including, but not limited to, the Tax Exemption Certificate.
Section 21. Continuing Disclosure. The Issuer hereby covenants and agrees that it will
comply with and carry out all of the provisions of the Continuing Disclosure Certificate,
and the provisions of the Continuing Disclosure Certificate are hereby approved and in-
corporated by reference as part of this Resolution and made a part hereof and the Mayor
and the City Clerk are hereby authorized to execute and deliver the same at issuance of
the Bonds. Notwithstanding any other provision of this Resolution, failure of the Issuer to
comply with the Continuing Disclosure Certificate shall not be considered an event of
default under this Resolution; however, any holder of the Bonds or Beneficial Owner may
take such actions as may be necessary and appropriate, including seeking specific per-
formance by court order, to cause the Issuer to comply with its obligations under the Con-
tinuing Disclosure Certificate. For purposes of this Section, "Beneficial Owner" means
any person which (a) has the power, directly or indirectly, to vote or consent with respect
to, or to dispose of ownership of, any Bonds (including persons holding Bonds through
14
nominees, depositories or other intermediaries), or (b) is treated as the owner of any
Bonds for federal income tax purposes.
Section 22. Construction. Except to the extent set forth herein, all of the applicable
terms, conditions and provisions of the Master Resolution shall be deemed and construed
to apply to the Series 2021 C Bonds and are hereby incorporated by reference and made
a part hereof to the same extent as if fully set forth herein. Except as may otherwise be
provided herein, the Master Resolution shall remain in full force and effect.
Section 23. Repeal of Conflicting Ordinances or Resolutions and Effective Date. All
other ordinances, resolutions and orders, or parts thereof, in conflict with the provisions
of this Series Resolution are, to the extent of such conflict, hereby repealed; and this
Series Resolution shall be in effect from and after its adoption.
Passed and approved this 2nd day of August, 2021.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
7. Transmission of Art on the River Opening Reception Programming Details: City
Manager transmitted information related to the opening reception for the Art on the River
exhibition to be held on Friday, August 6 from 5:00 to 7:00 p.m. Upon motion the docu-
ments were received and filed.
8. Iowa State Fire Marshal Fireworks Grant Program Intent to Apply: City Manager
recommended approval to apply for the annual fireworks grant program from the Iowa
State Fire Marshal in the amount of $57,000. Upon motion the documents were received,
filed and approved.
9. Radio Dubuque and Dubuque Jaycees 2022 Fireworks Request: Correspondence
from Perry Mason, General Manager for Radio Dubuque, and the Dubuque Jaycees re-
questing approval to conduct a fireworks display on Sunday, July 3, 2022 from 9.00 p.m.
to 10:30 p.m. on Volunteer Road between Hawthorne Street and Lime street in conjunc-
tion with the closure of indicated streets and A.Y. McDonald Park as part of a special
events request. The rain date is Monday, July 4, 2022. Upon motion the documents were
received, filed and approved.
10. Pre -Annexation Agreement - Katherine A. Kalb Trust: City Manager recommending
approval of a Pre -Annexation Agreement with the Katherine A. Kalb Trust for property
located at 9620 Monticello Drive in Dubuque County, in conjunction with their request to
connect to City water. Upon motion the documents were received and filed, and Resolu-
tion No. 265-21 Approving a Pre -Annexation Agreement between the City of Dubuque,
Iowa and Katherine A. Kalb Trust was adopted.
RESOLUTION NO. 265-21
APPROVING A PRE -ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBU-
QUE, IOWA AND KATHERINE A. KALB TRUST
Whereas, Katherine A. Kalb Trust, the owner of the following described property lo-
cated at 9620 Monticello Dr. in Dubuque County, Iowa (the Property) have submitted to
the City Council of the city of Dubuque an application for voluntary annexation of the
15
Property to the City of Dubuque:
Lot 6 in "Kerrigan Heights" in Table Mound Township, Dubuque County, Iowa, ac-
cording to the recorded plat thereof.
Whereas, Katherine A. Kalb Trust has entered into a Pre -annexation Agreement with
the City of Dubuque, a copy of which is attached hereto governing the future annexation
of the Property; and
Whereas, the Property is not subject to an existing annexation moratorium; and
Whereas, the Property does not include any state or railroad property; and
Whereas, Iowa Code Section 368.7 authorizes the voluntary annexation of property in
Dubuque County, Iowa and the extension of city limits by voluntary annexation; and
Whereas, the annexation of the Property is consistent with the Comprehensive Plan of
the City of Dubuque, necessary for the future orderly growth and development of the City
of Dubuque, and will promote efficient and cost-effective extension of municipal services;
and
Whereas, the City Council finds that the annexation of the Property is in the public
interest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Pre -annexation Agreement by and between Katherine A. Kalb Trust
and the City of Dubuque is hereby approved.
Passed, approved and adopted this 2nd day of August 2021.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
11. Dubuque Racing Association Depreciation and Improvement Fund Expenditure
Request for Replacement of South Entrance Concrete: City Manager recommended ap-
proval to spend $15,269 from the Depreciation and Improvement Fund to be used to
replace the sidewalks at the casino south entrance due to settling. Upon motion the doc-
uments were received, filed and approved.
12. Notice of Award and Approval to Execute Agreement for City of Dubuque Ameri-
Corps Program: Partners in Learning: City Manager recommended approval for the City
Manager to execute the AmeriCorps Partners in Learning Grant 21-AC-10. Upon motion
the documents were received, filed and approved.
13. Grass and Weed Cutting and Garbage Collection Assessments: City Manager rec-
ommended adoption of a resolution authorizing the City Clerk to certify grass and weed
cutting and garbage collection charges to the Dubuque County Treasurer in order to es-
tablish real property liens for collection of such charges. Upon motion the documents were
received and filed, and Resolution No. 266-21 Authorizing the city to collect delinquent
grass and weed cutting and garbage collection charges in accordance with Title 6-4-3A
and Title 6-8-2 of the Code of Ordinances of the City of Dubuque, Iowa was adopted.
RESOLUTION NO. 266-21
AUTHORIZING THE CITY TO COLLECT DELINQUENT GRASS AND WEED CUTTING
AND GARBAGE COLLECTION CHARGES IN ACCORDANCE WITH TITLE 6-4-3A
16
and TITLE 6-8-2 OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE,
IOWA
Whereas, residential properties in the City of Dubuque are considered substandard if
any conditions exist to an extent that endanger life, limb, health, property, safety or wel-
fare of the public or the occupants thereof; and
Whereas, whenever in the judgment of the Housing Officer, a nuisance that is "palpably
and indisputably such" exists which requires immediate action to protect the public health,
safety or welfare of the public, the Housing Officer may order the emergency abatement
of such; and
Whereas, delinquent grass and weed cutting and garbage collection charges shall be
certified by the City Clerk to the Dubuque County Treasurer for collection with, and in the
same manner as general property taxes.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section I. That the persons listed on the attached Grass/Weed/Garbage Assessment
Schedule are delinquent in the payment of grass and weed cutting and garbage collection
charges:
Section 2. That the City Clerk be and is hereby ordered and directed to certify to the
County Treasurer of Dubuque County, Iowa, that the persons named on the attached
Grass/Weed/Garbage Assessment Schedule are delinquent in the payment of grass and
weed cutting and garbage collection charges in the amount set aside of the respective
names, and that said amounts shall be collected in the same manner as general property
taxes against the respective parcels of property set opposite the names of the owners.
Passed, approved and adopted this 2nd day of August, 2021.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
Schedule of Assessments
Delinquent Grass and Weed Cutting and Garbage Removal Accounts
Location; Owner; Parcel #; Amount; Category
309 Jones St., Lot 2-1 City Lot 569 & Lot 2-1 City Lot 570; Behning, Karl L, 309 Jones
St. Dubuque IA 52001; 1025285007-1 $234.60; garbage
2940 Central Ave., S 1 /2 Of W 170' Of 301 Davis Farm Add; Mcmahon Real Estate
Rentals LLC, 2380 Samantha Dr Dubuque IA 52002; 1013152009-1 $125.55; garbage
920 Center PI., Lot 2 Mckay Place; Bettcher Properties LLC, 511 Washington St. Ep-
worth IA 52045; 1025103004-1 $275.88; garbage
1765 White St., Lot 1-2 Of NM 1 /5 Of City Lot 435; Brown, Phillip M & Diane M, 1765
White St. Dubuque IA 52001; 1024261011; $197.83; garbage
1789 University Ave., Lot 1-5-1 & 2-2 Tschirgi & Schwind's Sub; All Around Rentals
LLC, 1210 MT Loretta Ave. Dubuque IA 52003; 1026208011; $138.55; garbage
2330 White St., N 56 1/2'-W 1/2-Lot 23a L H Langworhty's Add; Olson, Steven D, 2330
White St. Dubuque IA 52001; 1013384004-1 $172.83; garbage
14. Signed Contract(s): 2021 Docking Agreement with American Cruise Lines; Facility
Use Agreement with Boys' and Girls' Club of Greater Dubuque; Amendment No. 1 to
Professional Services Agreement with Origin Design Co. for the South Port Flood Control
17
Levee Repair Project; Fifth Amendment to Facility Management Agreement with Platinum
Hospitality Group, LLC. Upon motion the documents were received and filed.
15. Improvement Contracts / Performance, Payment and Maintenance Bonds: Reed
Construction for the Fire Station 6 External Stairwell Addition Project. Upon motion the
documents were received, filed and approved.
16. Multicultural Family Center Sidewalk Replacement Project: (CIP 2602833,
3602742, 3001425, 3002142): City Manager recommended acceptance of the construc-
tion contract for the Multicultural Family Center Sidewalk Replacement Project, as com-
pleted by McDermott Excavating, in the final amount of $73,963.76. Upon motion the
documents were received and filed, and Resolution No. 267-21 Accepting the Multicul-
tural Family Center Sidewalk Replacement Project and authorizing the final payment to
the contractor was adopted.
RESOLUTION NO. 267-21
ACCEPTING THE MULTICULTURAL FAMILY CENTER SIDEWALK REPLACEMENT
PROJECT AND AUTHORIZING THE FINAL PAYMENT TO THE CONTRACTOR
Whereas, the public improvement contract for the Multicultural Family Center Sidewalk
Replacement Project, (the Project) has been completed by the Contractor, McDermott
Excavating, Inc. (Contractor), and the City Engineer has examined the work and signed
a certificate stating that the Project has been completed according to the terms of the
Public Improvement Contract and that the City Engineer recommends that the Project be
accepted; and
Whereas, the final contract amount for the Project is $73,963.76;
Whereas, the Contractor has previously been paid $70,265.58, leaving a balance of
$3,698.18; and
Whereas, the City Council finds that the recommendation of the City Engineer should
be accepted.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the City Engineer is approved, and the Project is
hereby accepted.
Section 2. The Finance Director is hereby directed to pay to the Contractor from the
City Sidewalk Program, MFC Sidewalk Concrete Improvements, MFC Addition Remodel
and General Street Construction appropriations for the contract amount of $73,963.76
less any retained percentage provided for therein as provided in Iowa Code.
Section 3. The Finance Director is hereby directed to pay to the Contractor the balance
of the retainage of $3,698.18 as provided in Iowa Code chapter 573, and to pay such
retainage in accordance with the provisions of Iowa Code chapter 573 or Iowa Code
chapter 26.13.
Passed, approved and adopted this 2nd day of August 2021.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
17. Bee Branch Railroad Culvert Trail Project: CIP# 3401654, PROJECT# 4X0039;
CIP#7201654, PROJECT# 8X0144: City Manager recommended award of the construc-
tion contract for the Bee Branch Railroad Culvert Trail Project to the low bidder, Tricon
General Construction, Inc., in the amount of $444,735, which is 0.75% below the engi-
neer's estimate. Upon motion the documents were received and filed, and Resolution No.
268-21 Awarding the Public Improvement Contract for the Bee Branch Railroad Culvert
Trail Project was adopted.
RESOLUTION NO. 268-21
AWARDING THE PUBLIC IMPROVEMENT CONTRACT FOR THE BEE BRANCH
RAILROAD CULVERT TRAIL PROJECT
Whereas, sealed proposals have been submitted by contractors for the Bee Branch
Railroad Culvert Trail Project (the Project) pursuant to Resolution No. 171-21 and Notice
to Bidders published on the City of Dubuque, Iowa website and plan room service with
statewide circulation on the 21 st day of May 2021; and
Whereas, said sealed proposals were opened and read on the 24th day of June 2021
and it has been determined that Tricon General Construction, Inc. of Dubuque, Iowa, with
a low bid in the amount of $444,735.00 is the lowest responsive, responsible bidder for
the Project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That a Public Improvement Contract for the Project is hereby awarded to Tricon Gen-
eral Construction, Inc and the City Manager is hereby directed to execute a Public Im-
provement Contract on behalf of the City of Dubuque for the Project.
Passed, adopted, and approved this 2nd day of August 2021.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
18. Asbury Road Fiber Optic Collaboration Project Phase 1 - CIP 1002871: City Man-
ager recommended acceptance of the construction contract for the Asbury Road Fiber
Optic Collaboration Project Phase I, as completed by Utility Service Contractors, in the
final contract amount of $79,145.14. Upon motion the documents were received and filed,
and Resolution No. 269-21 Accepting the Asbury Road Fiber Optic Collaboration Project
Phase I and authorizing the payment to the contractor was adopted.
RESOLUTION NO. 269-21
ACCEPTING THE ASBURY ROAD FIBER OPTIC COLLABORATION PROJECT
PHASE I AND AUTHORIZING THE PAYMENT TO THE CONTRACTOR
Whereas, the public improvement contract for the Asbury Road Fiber Optic Collabora-
tion Project Phase I, (the Project) has been completed by the Contractor, Utility Service
Contractors, (Contractor), the City Engineer has examined the work and recommends
that the Project be accepted; and
Whereas, the final contract amount for the Project is $79,145.14-1 and
Whereas, the Contractor has previously been paid $75,187.87, leaving a balance of
$3,957.27-1 and
Whereas, the City Council finds that the recommendation of the City Engineer should
be accepted.
19
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the City Engineer is approved, and the Project is
hereby accepted.
Section 2. The Finance Director is hereby directed to pay to the Contractor the balance
of the retainage of $3,957.27 as provided in Iowa Code chapter 573, and to pay such
retainage in accordance with the provisions of Iowa Code chapter 573 or Iowa Code
chapter 26.13.
Passed, approved and adopted this 2nd day of August 2021.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
19. Asbury Road Fiber Optic Collaboration Project Phase 2 - CIP 1002871: City Man-
ager recommended acceptance of the construction contract for the Asbury Road Fiber
Optic Collaboration Project Phase 2, as completed by TD&I Cable Management, in the
contract amount of $198,549.65. Upon motion the documents were received and filed,
and Resolution No. 270-21 Accepting the Asbury Road Fiber Optic Collaboration — Phase
2 Project, and authorizing the payment to the contractor was adopted.
RESOLUTION NO. 270-21
ACCEPTING THE ASBURY ROAD FIBER OPTIC COLLABORATION — PHASE 2
PROJECT, AND AUTHORIZING THE PAYMENT TO THE CONTRACTOR
Whereas, the public improvement contract for the Asbury Road Fiber Optic Collabora-
tion — Phase 2 Project, (the Project) has been completed by the Contractor, TD&I Cable
Maintenance, (Contractor), the City Engineer has examined the work and recommends
that the Project be accepted; and
Whereas, the final contract amount for the Project is $198,549.65; and
Whereas, the Contractor has previously been paid $188,622.17, leaving a balance of
$9,927.48; and
Whereas, the City Council finds that the recommendation of the City Engineer should
be accepted.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the City Engineer is approved, and the Project is
hereby accepted.
Section 2. The Finance Director is hereby directed to pay to the Contractor the balance
of the retainage of $9,927.48 as provided in Iowa Code chapter 573, and to pay such
retainage in accordance with the provisions of Iowa Code chapter 573 or Iowa Code
chapter 26.13.
Passed, approved and adopted this 2nd day of August 2021.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
20. Asbury Road Fiber Optic Collaboration Project Phase 3 - CIP 1002871: City Man-
ager recommended acceptance of the construction contract for the Asbury Road Fiber
Optic Collaboration Project Phase 3, as completed by Utility Service Contractors, in the
20
contract amount of $29,530.42. Upon motion the documents were received and filed, and
Resolution No. 271-21 Accepting the Asbury Road Fiber Optic Collaboration — Phase 3
Project and authorizing the payment to the contractor was adopted.
RESOLUTION NO. 271-21
ACCEPTING THE ASBURY ROAD FIBER OPTIC COLLABORATION — PHASE 3
PROJECT AND AUTHORIZING THE PAYMENT TO THE CONTRACTOR
Whereas, the public improvement contract for the Asbury Road Fiber Optic Collabora-
tion — Phase 3 Project, (the Project) has been completed by the Contractor, Utility Service
Contractors, (Contractor), the City Engineer has examined the work and recommends
that the Project be accepted; and
Whereas, the final contract amount for the Project is $26,845.42; and
Whereas, the Contractor has previously been paid $25,503.15, leaving a balance of
$1,342.27; and
Whereas, the City Council finds that the recommendation of the City Engineer should
be accepted.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the City Engineer is approved, and the Project is
hereby accepted.
Section 2. The Finance Director is hereby directed to pay to the Contractor the balance
of the retainage of $1,342.27 as provided in Iowa Code chapter 573, and to pay such
retainage in accordance with the provisions of Iowa Code chapter 573 or Iowa Code
chapter 26.13.
Passed, approved and adopted this 2nd day of August 2021.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
21. Chaplain Schmitt Island Fiber Collaboration Project - CIP 1002871: City Manager
recommended acceptance of the construction contract for the Chaplain Schmitt Island
Fiber Collaboration Phase, as completed by Utility Service Contractors, in the contract
amount of $143,412. Upon motion the documents were received and filed, and Resolution
No. 272-21 Accepting the Chaplain Schmitt Island Fiber Collaboration Project and au-
thorizing the payment to the contractor was adopted.
RESOLUTION NO. 272-21
ACCEPTING THE CHAPLAIN SCHMITT ISLAND FIBER COLLABORATION PRO-
JECT AND AUTHORIZING THE PAYMENT TO THE CONTRACTOR
Whereas, the public improvement contract for Chaplain Schmitt Island Fiber Collabo-
ration Project, (the Project) has been completed by the Contractor, Utility Service Con-
tractors, (Contractor), the City Engineer has examined the work and recommends that
the Project be accepted; and
Whereas, the final contract amount for the Project is $143,412.00; and
Whereas, the Contractor has previously been paid $136,241.40, leaving a balance of
$7,170.60; and
Whereas, the City Council finds that the recommendation of the City Engineer should
21
be accepted.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the City Engineer is approved, and the Project is
hereby accepted.
Section 2. The Finance Director is hereby directed to pay to the Contractor the balance
of the retainage of $7,170.60 as provided in Iowa Code chapter 573, and to pay such
retainage in accordance with the provisions of Iowa Code chapter 573 or Iowa Code
chapter 26.13.
Passed, approved and adopted this 2nd day of August 2021.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
22. Kaufmann Avenue Storm Sewer Improvement Project from Francis Street to North
Main Street (CIP 2642769, PROJECT 1X0006, CIP 2642769, PROJECT 1X0005 and
CIP 64042735): City Manager recommended acceptance of the public improvement con-
tract for the Kaufmann Avenue Storm Sewer Improvement Project from Francis Street to
North Main Street, as completed by Portzen Construction, Inc., in the contract amount of
$1,739,281.62, which is a 2.14% decrease from the original contract amount of
$1,777,262.50. Upon motion the documents were received and filed, and Resolution No.
273-21 Accepting the Kaufmann Avenue Storm Sewer Improvement Project from Francis
Street to North Main Street and authorizing the final payment to the contractor was
adopted.
N**91ItIjI[97LlILl[9)w"1 A
ACCEPTING THE KAUFMANN AVENUE STORM SEWER IMPROVEMENT PROJECT
FROM FRANCIS STREET TO NORTH MAIN STREET AND AUTHORIZING THE FINAL
PAYMENT TO THE CONTRACTOR
Whereas, the public improvement contract for the Kaufmann Avenue Storm Sewer Im-
provement Project from Francis Street to North Main Street, (the Project) has been com-
pleted by the Contractor, Portzen Construction, Inc. (Contractor), and the City Engineer
has examined the work and signed a certificate stating that the Project has been com-
pleted according to the terms of the Public Improvement Contract and that the City Engi-
neer recommends that the Project be accepted; and
Whereas, the final contract amount for the Project is $1,739,281.62; and
Whereas, the Contractor has previously been paid $1,652,317.54, leaving a balance
of $86,964.08; and
Whereas, the City Council finds that the recommendation of the City Engineer should
be accepted.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the City Engineer is approved, and the Project is
hereby accepted.
Section 2. The Finance Director is hereby directed to pay to the Contractor from the
HUD NDR CDBG Grant and Lead Service Line Replacement Program CIP appropriations
for the contract amount of $1,739,281.62 less any retained percentage provided for
22
therein as provided in Iowa Code.
Section 3. The Finance Director is hereby directed to pay to the Contractor the balance
of the retainage of $86,964.08 as provided in Iowa Code chapter 573, and to pay such
retainage in accordance with the provisions of Iowa Code chapter 573 or Iowa Code
chapter 26.13.
Passed, approved and adopted the 2nd day of August 2021.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
23. 2021 Stumps / Sidewalk Project One: City Manager recommended that the award
for the 2021 Stumps/Sidewalk Project One be officially recorded in the minutes of the City
Council. Upon motion the documents were received, filed and made a Matter of Record.
24. Liquor License Renewals: City Manager recommended approval of annual beer,
liquor and wine licenses as submitted. Upon motion the documents were received and
filed, and Resolution No. 274-21 Approving applications for beer, liquor, and/or wine per-
mits, as required by City of Dubuque Code of Ordinances Title 4 Business and License
Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and
Permits was adopted.
RESOLUTION NO. 274-21
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
Bell Tower Productions, 2728 Asbury Rd.
Casey's General Store #2420, 2699 Rockdale Rd.
Casey's General Store #2421, 4003 Peru Rd.
Shannon's Bar & Grill, 521 E 22nd St.
Special Event(s) per Special Event Application Submittal
Dubuque Jaycees Aug 8, 7t" and Jackson to 9t" and Jackson plus East 8t" Street to
Elm Street - Millwork Night Market
Dubuque Irish Hooley Aug 25, East Commercial Street - Port of Dubuque
Passed, approved, and adopted this 2nd day of August 2021.
23
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
BOARDS/COMMISSIONS
Applications were reviewed for the following Boards and Commissions. Applicants
were invited to address the City Council regarding their desire to serve on the following
Boards/Commissions.
i. Historic Preservation Commission: One, 3-Year term through July 1, 2024 (Vacant
term of Klavitter. Previously appointed applicant, John Link, is no longer able to serve
the term.)* Applicant: Tim Gau, 2529 Windsor Ave. This commission is subject to the
State of Iowa Gender Balance Law. 9 Commissioners total; currently 4 males/2 fe-
males/3 openings. *Opening was advertised for 90 days while non -male identifying ap-
plicants were sought in adherence with Iowa Code 69.16A Gender Balance. Additional
openings on the commission are being advertised for 90 days while non -male identify-
ing applicants are sought in adherence with Iowa Code 69.16A Gender Balance.
ii. Housing Commission: Three, 3-Year terms through August 17, 2024 (Expiring terms
of Dalton, Weitz and Wooden). Applicants: Hilary Dalton, 1629 Washington St.; Gail
Weitz, 1630 Lori Ct.; Sam Wooden, 1135 Rosedale Ave. Mr. Wooden spoke in support
of his appointment and provided a brief biography.
iii. Housing Trust Fund Advisory Committee: One, 3-Year term through August 17,
2024 (Expiring term of Becwar) Applicant: Michelle Becwar, 2115 Coates St.
PUBLIC HEARINGS
1. Simmons Pet Food, Inc.: Subordination of Consent Rights Under Development
Agreement, Payment Direction and Estoppel Certificate: Proof of publication on notice of
public hearing to consider City Council approval of the subordination of Consent Rights
under the Development Agreement with Simmons Pet Food, Inc., and City Manager rec-
ommended approval. Motion by Jones to receive and file the documents and adopt Res-
olution No. 275-21 Disposing of an interest in real property by Subordination of Consent
Rights under Development Agreement, Payment Direction and Estoppel Certificate with
Simmons Pet Foods, Inc. Seconded by Cavanagh. Motion carried 7-0.
RESOLUTION NO. 275-21
DISPOSING OF AN INTEREST IN REAL PROPERTY BY SUBORDINATION OF
CONSENT RIGHTS UNDER DEVELOPMENT AGREEMENT, PAYMENT DIRECTION
AND ESTOPPEL CERTIFICATE WITH SIMMONS PET FOODS, INC.
Whereas, the City of Dubuque, Iowa (City) entered into an Amended and Restated
Development Agreement (the Agreement) with Simmons Pet Foods, Inc. (Simmons) for
the property legally described as follows:
Lot 5 and Lot 5A of Dubuque Industrial Center South First Addition in the City of
Dubuque, Iowa
24
(the Property); and
Whereas, the Agreement between City and Simmons provides in Section 6.10 as fol-
lows:
6.10 Transferability. During the Term of this Agreement, this Agreement may not be
assigned and the Property and any portion of the Property may not be sold or otherwise
transferred by Developer without the prior written consent of City in City's sole discre-
tion. City has no obligation to consent to any assignment or sale.
; and
Whereas, Simmons has requested that City subordinate City's consent rights under
Section 6.10 to Simmons' lenders' Credit Agreement pursuant to the attached Subordi-
nation of Consent Rights Under Development Agreement, Payment Direction and Estop-
pel Certificate attached hereto; and
Whereas, the City Council believes it is in the best interests of the City of Dubuque to
approve the Subordination of Consent Rights Under Development Agreement, Payment
Direction and Estoppel Certificate.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council hereby approves the Subordination of Consent Rights Un-
der Development Agreement, Payment Direction and Estoppel Certificate.
Section 2. The Mayor is hereby authorized and directed to sign the Subordination of
Consent Rights Under Development Agreement, Payment Direction and Estoppel Certif-
icate on behalf of the City of Dubuque.
Passed, approved and adopted this 2nd day of August, 2021.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
2. Orchard Drive, Cider Ridge and Jonathan Drive Water Main Project 2021 Public
Hearing: Proof of publication on notice of public hearing to consider City Council approval
of the plans, specifications, form of contract and estimated cost of $429,065 for Orchard
Drive, Cedar Ridge and Jonathan Drive Water Main Project 2021, and City Manager rec-
ommended approval. Motion by Roussell to receive and file the documents and adopt
Resolution No. 276-21 Approval of plans, specifications, form of contract, and estimated
cost for the Orchard Drive, Cider Ridge, and Jonathan Dr. Water Main Project. Seconded
by Sprank. Motion carried 7-0.
RESOLUTION NO. 276-21
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTI-
MATED COST FOR THE ORCHARD DRIVE, CIDER RIDGE, AND JONATHAN DR.
WATER MAIN PROJECT
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications, form of contract and estimated cost for the
Orchard Drive, Cider Ridge and Jonathan Dr. Water Main Project 2021 Project in the
amount of $305,065, are hereby are hereby approved.
Passed, adopted and approved this 2nd day of August, 2021.
Roy D. Buol, Mayor
25
Attest: Adrienne N. Breitfelder, City Clerk
ACTION ITEMS
1. Request to Rezone Lot D of Rustic Point Estates (End of Lasso Court) - Quasi -
Judicial Rezoning Request (Second Reading): Second reading of a proposed ordinance
for City Council approval of a request from Buesing and Associates, Inc. to rezone prop-
erty located at Lot D of Rustic Point Estates (End of Lasso Court) from R-1 Single -Family
Residential to PUD Planned Unit Development with a PR Planned Residential designation
to accommodate a 35-unit single-family residential development, and Zoning Advisory
Commission recommended approval. City Manager transmitted information on the floor
plans and renderings of the proposed building for the Vintage Estates of Dubuque. Motion
by Jones to receive and file the documents and that the requirement that a proposed
ordinance be considered and voted on for passage at two Council meetings prior to the
meeting at which it is to be passed be suspended. Seconded by Resnick. Planning Ser-
vices Manager Wally Wernimont stated that the planning department did not receive a lot
of public comment after the first reading of the proposed ordinance and summarized the
quasi-judicial re -zoning process. Motion carried 7-0.
Motion by Jones for final consideration and passage of Ordinance No. 28-21 Amending
Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, rezoning
a portion of Lot D Rustic Point Estates Subdivision from R-1 Single Family Residential
District to PUD Planned Unit Development with a PR Planned Residential Designation for
the Vintage Estates of Dubuque Development. Seconded by Resnick. Motion carried 7-
0.
OFFICIAL PUBLICATION
ORDINANCE NO. 28-21
AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI-
FIED DEVELOPMENT CODE, REZONING A PORTION OF LOT D RUSTIC POINT
ESTATES SUBDIVISION FROM R-1 SINGLE FAMILY RESIDENTIAL DISTRICT TO
PUD PLANNED UNIT DEVELOPMENT WITH A PR PLANNED RESIDENTIAL DES-
IGNATION FOR THE VINTAGE ESTATES OF DUBUQUE DEVELOPMENT
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Title 16 of the City of Dubuque Code of Ordinances Unified Develop-
ment Code is hereby amended by rezoning a portion of Lot D Rustic Point Estates (Exhibit
A), to wit:
A portion of Lot D (see Exhibit A) Rustic Point Estates, and to the centerline of
the adjoining public right-of-way, all in the City of Dubuque, Iowa.
Section 2. That in order to accomplish the purposes of this Planned Unit Development
district, the above -described property is subject to the following conditions and re-
strictions:
A. Use Regulations
The following regulations shall apply to all uses made of land in the above- de-
scribed Planned Residential District:
1. Principal permitted uses shall be limited to the following:
26
a. A maximum of thirty-five single-family homes
b. One communal club house
2. Conditional use shall be regulated by Section 5-22.2 of the Unified Develop-
ment Code of the City of Dubuque, Iowa.
3. Accessory uses shall be regulated by Section 5-22.3 of the Unified Develop-
ment Code.
B. Lot and Bulk Regulations
Development of land in the Planned Residential District shall be regulated as
follows:
1. That the bulk regulations conform to the attached conceptual develop-
ment plan (Exhibit A).
C. Site Development Standards
The site development standards for this Planned Residential District shall be
established as follows:
1. The proposed access to the development from Derby Grange Road shall
be located in substantial conformance with the conceptual development plan.
2. The 27-foot wide private roadways within the development shall have on -
street parking on one side only.
3. Off-street parking for the development shall be a minimum of 2 spaces per
dwelling unit.
4. Sidewalks shall be provided within the development as per City stand-
ards.
5. Site plans for the development shall be submitted in compliance with Sec-
tion 12 Site Plans of the Unified Development Code.
6. Outdoor street lighting shall comply with Section 13-3.1 Site Lighting of the
Unified Development Code.
7. Storm water from the development shall comply with Section 13-3.3
Storm Water Management of the Unified Development Code.
8. Landscaping and screening shall be established in accordance with the
requirements of Section 13-4.4 of the Unified Development Code.
9. Any trash enclosures shall comply with Section 13-4 9 of the Unified De-
velopment Code
D. Sign Regulations
1. The sign regulations for the development shall be in accordance with
Section 15-11.1 of the Unified Development Code.
E. Parking Standards
The off-street parking requirement for the principal permitted uses for the
herein described Planned Residential District shall be regulated as follows:
1. Off-street parking spaces shall be designed and constructed in compli-
ance with Section 13-3.5 of the Unified Development Code.
2. Any significant expansion or reduction in the number of off-street parking
spaces must be reviewed by Planning Services staff for compliance with the
adopted Planned Residential District.
F. Ordinance History:
1. Ordinance 13-17 (April 3, 2017) rezoned the subject property from County
AG Agricultural to City R-1 Single -Family Residential district in conjunction with
27
annexation.
G. Transfer of Ownership
Transfer of ownership or lease of property in this Planned Residential District
shall include the transfer or lease agreement, the provision that the purchaser or
leasee acknowledges awareness of the conditionals authorizing the establish-
ment of this district.
H. Modifications
Any modifications of this Ordinance must be approved by the City Council in
accordance with zoning reclassification proceedings of Section 9-5 of the Unified
Development Code of the City of Dubuque, Iowa.
Section 3. The foregoing PUD rezoning has heretofore been reviewed by the
Zoning Advisory Commission of the City of Dubuque, Iowa.
Section 4. This Ordinance shall take effect immediately upon publication, as pro-
vided by law.
Passed, approved and adopted this 2nd day of August, 2021.
/s/Roy D. Buol, Mayor
Attest: /s/Adrienne N. Breitfelder, City Clerk
Published officially in the Telegraph Herald newspaper on the 6' day of August, 2021.
/s/Adrienne N. Breitfelder, City Clerk
2. Fiscal Year 2022 Arts & Culture Operating Support Grant Funding Recommenda-
tion: City Manager recommended City Council approval to fund nineteen arts and culture
organizations through the Arts & Culture Operating Support Grants for Fiscal Year 2022.
Motion by Roussell to receive and file the documents and approve the recommendation.
Seconded by Farber. Motion carried 7-0.
3. Updated Fiscal Year 2022 Dollars & Cents Public Information Brochure: City Man-
ager provided a copy of the updated Fiscal Year 2022 Dollars & Cents public information
brochure. Motion by Cavanagh to receive and file the documents. Seconded by Sprank.
City Manager Van Milligen summarized the updates to the brochure. Motion carried 7-0.
4. Request for Work Session: Imagine Dubuque Update: City Manager requested the
City Council schedule a work session on Monday, August 9, 2021, at 6.30 p.m. for an
update on the Imagine Dubuque Comprehensive Plan. Motion by Jones to receive and
file the documents and schedule the work session as recommended. Seconded by Res-
nick. Council Members Cavanagh and Roussell stated they are unable to attend. Motion
carried 7-0.
5. Request for Work Session: Project Hope Quarterly Update: City Attorney requested
the City Council schedule a work session for Monday, September 20, 2021, at 5:00 p.m.
for the quarterly update on Project Hope. Motion by Roussell to receive and file the doc-
uments and schedule the work session as recommended. Seconded by Farber. Mayor
Buol stated that he may not be able to attend. Motion carried 7-0.
COUNCIL MEMBER REPORTS
Council Member Jones reported on attending a recent meeting with residents of the
Table Mound mobile home park. Mr. Jones stated that state lawmakers attended the
meeting and discussed potential bi-partisan legislation, and that former Dubuque City
Council Member Brett Shaw was also in attendance.
Council Member Sprank reported that he also attended the meeting with Table Mound
residents. Mr. Sprank stated that federal CARES Act funds could potentially offer financial
assistance for the residents. Mr. Sprank also reported that National Night Out is taking
place on August 3rd in Comiskey Park.
Council Member Resnick reported on recently attending a Music in the Gardens event
at the Dubuque Arboretum. Mr. Resnick stated that the event was well attended.
There being no further business, Mayor Buol declared the meeting adjourned at 7:43
p.m.
/s/Adrienne N. Breitfelder, City Clerk
29