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Approval of 2021 City Council Official ProceedingsCity of Dubuque City Council Meeting Consent Items # 21. Copyrighted April 4, 2022 ITEM TITLE: Approval of 2021 City Council Official Proceedings SUMMARY: City Clerk recommending approval of the completed and indexed 2021 City Council Official Proceedings for calendar year 2021. SUGGESTED Suggested Disposition: Receive and File; Approve DISPOSITION: ATTACHMENTS: Description Type Staff Memo Staff Memo 2021 Draft City Council Official Proceedings Supporting Documentation Dubuque City Clerk's Office OF THE CtUB City Hall D E(563) ' 50 W. 13`h Street Dubuque, I 52001-4864 (563) 589-4100 office I I®f 589-0890 fax ctyclerk@cityofdubuque.org Masterpiece on the Mississippi 2..1- t2.msa www.cityofdubuque.org TO: The Honorable Mayor and City Council Members FROM: Adrienne N. Breitfelder, City Clerk DATE: March 28, 2022 SUBJECT: 2021 City Council Official Proceedings The City Clerk's Office is submitting the 2021 City Council Official Proceedings for Mayor and City Council approval. Per the City of Dubuque Code of Ordinances Title 1-6A-4 Records, the City Clerk's Office must compile in book form the City Council proceedings for all regular and special meetings of the City Council held from January through December for each calendar year. These official proceedings include the standard minutes of each regular and special City Council meeting with the wording for each resolution and ordinance added, as well as a complete index by subjects of the contents thereof. The annual compilation is then submitted to the City Council for approval before being sent out for printing and binding. Once bound, said proceedings book shall constitute the permanent official record for the year. Five books are printed and bound. The official copy resides in the City Clerk's Office, with additional copes provided to the City Manager's Office and the Carnegie -Stout Public Library. Additional copies are provided to former Mayor Roy D. Buol and the Center for Dubuque History at Loras College at their request and expense. A digital version of the Official Proceedings is also uploaded to the City of Dubuque Public Document's web portal for searching by the public and staff. Currently, the Official Proceedings available on the city's website from 1907 to present. I respectfully recommend Mayor and City Council approval of the 2021 City Council Official Proceedings. OFFICIAL PROCEEDINGS of the CITY COUNCIL for the CITY OF DUBUQUE, IOWA �� 2021 -� Approved XXXXXXXX, 2022 Recorded and prepared by Adrienne N. Breitfelder, City Clerk Trish L. Gleason, MMC, Assistant City Clerk CITY OFFICERS FOR THE YEAR 2021 ROY D. BUOL MAYOR COUNCIL MEMBERS RIC W. JONES ....................... COUNCIL MEMBER AT -LARGE DAVID T. RESNICK ................ COUNCIL MEMBER AT -LARGE SUSAN R. FARBER............. COUNCIL MEMBER FIRST WARD LAURA J. ROUSSELL ...... COUNCIL MEMBER SECOND WARD DANNY C. SPRANK............. COUNCIL MEMBER THIRD WARD BRAD M. CAVANAGH ...... COUNCIL MEMBER FOURTH WARD C _�� rQ7 9D CITY OFFICERS FOR THE YEAR 2021 COUNCIL APPOINTEES CITY MANAGER...................................................................................... MICHAEL C. VAN MILLIGEN CITY CLERK.......................................................................................... ADRIENNE N. BREITFELDER CITY ATTORNEY...........................................................................................CRENNA M. BRUMWELL DEPARTMENT MANAGERS ASSISTANT CITY MANAGER................................................................................ CORI L. BURBACH AIRPORT DIRECTOR..............................................................................................TODD E. DALSING BUDGET AND FINANCE DIRECTOR...............................................................JENNIFER M. LARSON CITY ENGINEER......................................................................................................GUS N. PSIHOYOS DIRECTOR OF STRATEGIC PARTNERSHIPS........ THERESE H. GOODMANN (March - December) DIRECTOR OF THE OFFICE OF SHARED PROSPERITY & NEIGHBORHOOD SUPPORT ................ ANDERSON SAINCI (August -December) ECONOMIC DEVELOPMENT DIRECTOR..............................................................JILL M. CONNORS EQUITY AND HUMAN RIGHTS DIRECTOR ........................KELLY R. LARSON (January — October) COLLINS O. EBOH, INTERIM (October - December) EMERGENCY COMMUNICATIONS MANAGER ..................................................... MARK P. MURPHY FIRE CHIEF................................................................................................................ RICK A. STEINES HOUSING AND COMMUNITY DEVELOPMENT DIRECTOR................................ALEXIS M. STEGER HUMAN RESOURCES DIRECTOR.............................................................. MICHELL M. STICKFORT INFORMATION SERVICES MANAGER....................................................CHRISTINE A. KOHLMANN LEISURE SERVICES MANAGER................................................................................ MARIE L. WARE LIBRARY DIRECTOR.............................................................SUSAN A. HENRICKS (January— May) NICHOLAS L. ROSSMAN (May - December) PLANNING SERVICES MANAGER................................................................ WALLY C. WERNIMONT POLICE CHIEF................................................................ MARK M. DALSING (January — September) JEREMY R. JENSEN, INTERIM (September - December) PUBLIC HEALTH SPECIALIST.....................................................................MARY ROSE CORRIGAN PUBLIC INFORMATION OFFICER.............................................................................RANDY W. GEHL PUBLIC WORKS DIRECTOR......................................................................JOHN L. KLOSTERMANN SUSTAINABLE COMMUNITY COORDINATOR..............................................................GINA S. BELL TRANSPORTATION SERVICES DIRECTOR........................................................................................ RUSSELL E. STECKLEIN, INTERIM (January —October) RYAN C. KNUCKEY (October — December) WATER DEPARTMENT MANAGER ........................DENISE C. BLAKELEY — IHRIG (January — May) CHRISTOPHER J. LESTER (May - December) WATER & RESOURCE RECOVERY CENTER MANAGER ................................ WILLIAM J. O'BRIAN Regular meetings of the City Council were held on the first and third Monday of each month (Tuesday pending holidays) at 6:30 p.m. in the Historic Federal Building. Book 151 Special and Regular Sessions, January 4, 2021 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in a special session at 5:30 p.m. on January 4, 2021. Due to the COVID-19 pandemic and man- dates 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.citvofdubuque.org/me- dia, and streamed live on the City's Facebook page at www.facebook.com/citvofdubuque. Present: Mayor Buol; Council Members Cavanagh, Jones, Lynch, Resnick, Roussell, Sprank; City Manager Van Milligen, City Attor- ney 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 Update. WORK SESSION COVID-19 PANDEMIC MONTHLY UPDATE City staff and network partners provided up- dates on the internal and community -facing re- sponses to the COVID-19 pandemic. Community COVID-19 Update and Re- sponse: Mary Rose Corrigan, Public Health Specialist, and Alexis Steger, Housing and Community Development Director Community Foundation of Greater Dubuque Update: Jenna Manders, Di- rector of Strategic Relations Greater Dubuque Development Corpo- ration: Rick Dickinson, President/CEO The presenters responded to questions from the City Council following their presenta- tions. There being no further business, Mayor Buol declared the meeting adjourned at 6:18 p.m. /s/Adrienne N. Breitfelder, City Clerk CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in a regular session at 6:30 p.m. on January 4, 2021. Due to the COVID-19 pandemic and man- dates 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.cityofdubuque.org/me- dia, and streamed live on the City's Facebook page at www.facebook.com/citvofdubuque. Present: Mayor Buol; Council Members Cavanagh, Jones, Lynch, Resnick, Roussell, Sprank; City Manager Van Milligen, City Attor- ney 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. Human Slavery and Human Trafficking Prevention Month (January 2021) was ac- cepted by Sr. Mary Lechtenberg, OSF and Sr. Marilou Irons, PVBM, of the Tri-State Coalition against Human Trafficking. CONSENT ITEMS Motion by Resnick to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Jones. Staff stated that no public input was received regard- ing the Consent Items. Motion carried 7-0. 1. Minutes and Reports Submitted: City Council Proceedings of 12/17, 12/21; Commu- nity Development Advisory Commission of 12/16; Library Board of Trustees of 12/17. Upon motion, the documents were received and filed. 2. Notice of Claims and Suits: Shelley Atchison for personal injury; John Davis for ve- hicle damage; Keith Dolan Jr. for vehicle dam- age; Jeffrey Last for personal injury; Kevin and Sue Leute for property damage. Upon motion, the documents were received, filed, and re- ferred to the City Attorney. 3. Disposition of Claims: City Attorney ad- vising that the following claims have been re- ferred to Public Entity Risk Services of Iowa, the 8 Regular Session, January 4, 2021 Book 151 agent for the Iowa Communities Assurance Pool: Shelley Atchison for personal injury; John Dais for vehicle damage; Keith Dolan Jr. for ve- hicle damage; Jeffrey Last for personal injury; Kevin and Sue Leute for property damage. Upon motion, the documents were received, filed, and concurred. 4. Approval of City Expenditures: City Man- ager recommended City Council approval for payment of City expenditures. Upon motion, the documents were received and filed, and Reso- lution No. 1- 21 Authorizing the Director of Fi- nance and Budget/City Treasurer to make cer- tain payments of bills that must be paid and ap- proved for payment in accordance with City pro- cedures was adopted. RESOLUTION NO. 1-21 AUTHORIZING THE DIRECTOR OF FI- NANCE AND BUDGET / CITY TREASURER TO MAKE CERTAIN PAYMENTS OF BILLS THAT MUST BE PAID AND APPROVED FOR PAYMENT IN ACCORDANCE WITH CITY PROCEDURES 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 De- partment personnel in accordance with gener- ally accepted internal control procedures and have been determined to have been requisi- tioned for a lawful municipal purpose; and Whereas, the Finance Director -City Treas- urer 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 pay- ment of certain expenditures known as Excep- tion 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 Treas- urer is hereby authorized to issue payment for goods and services provided for City purposes in response to the purchase orders and con- tracts issued in compliance with state and mu- nicipal code requirements as requested by des- ignated requisitioning authorities in accordance with approved budget appropriations. Section 2. In accordance with Iowa Code Section 372.13(6), the City Clerk and Finance Director are hereby authorized and directed to provide the statement of receipts and disburse- ments to the City Council, and to publish a sum- mary thereof. Passed, approved, and adopted this 4th day of January 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 5. Second Amendment to Grant Agreement between the City of Dubuque and Montana House, LLC to redevelop the property at 245 West 1st Street: City Manager recommended approval of a Second Amendment to Grant Agreement between the City of Dubuque and Montana House, LLC for the rehabilitation of 245 West 1st Street to provide an additional $5,000 in grant funding. Upon motion, the doc- uments were received and filed, and Resolution No. 2-21 Approving the Second Amendment to Grant Agreement between the City of Dubuque, Iowa, and Montana House, LLC was adopted. RESOLUTION NO. 2-21 APPROVING THE SECOND AMENDMENT TO GRANT AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND MONTANA HOUSE, LLC. Whereas, the City of Dubuque (City) and Montana House, LLC (Grant Recipient) previ- ously entered into a Grant Agreement dated April 20, 2020 for the redevelopment of 245 W 1 st Street in the City of Dubuque, Iowa (the Pro- ject); and Whereas, City and Grant Recipient agreed to and the City Council approved a First Amend- ment to the Grant Agreement by Resolution 292A-20 dated September 21, 2020; and Whereas, City and Grant Recipient desire to further amend the Grant Agreement as set forth in the attached Second Amendment to Grant Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Second Amendment to Grant Agreement between the City of Dubuque, Iowa and Montana House, LLC, a copy of which is attached hereto, is hereby approved. Section 2. That the Mayor is hereby author- ized and directed to execute the First Amend- ment to Grant Agreement on behalf of the City of Dubuque and the City Clerk is authorized and directed to attest to his signature. Section 3. That the City Manager is author- ized to take such actions as are necessary to comply with the terms of the Second Amend- ment to Grant Agreement as herein approved. Passed, approved, and adopted this 4th day of January 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk Book 151 Regular Session, January 4, 2021 9 6. Acceptance of Subdivision Improvements in Sky Blue Estates #2 Subdivision: City Man- ager recommended acceptance of the public improvements that the developer, E.K.M. LLC, has recently completed in Sky Blue Estates #2 Subdivision, except for stormwater detention fa- cilities. Upon motion, the documents were re- ceived and filed, and Resolution No. 3-21 Ac- cepting public improvements in Sky Blue Es- tates #2 Subdivision, in the City of Dubuque, Iowa was adopted. RESOLUTION NO. 3-21 ACCEPTING PUBLIC IMPROVEMENTS IN SKY BLUE ESTATES #2 SUBDIVISION, IN THE CITY OF DUBUQUE, IOWA Whereas, pursuant to Resolution 61-18, certain public improvements including street paving with curb, sanitary sewer main, water main, storm sewers and catch basins, street lighting, fiber optic conduit, and storm water de- tention facilities were installed by the developer of Sky Blue Estates #2 Subdivision in the City of Dubuque, Iowa; and Whereas, the improvements, except for storm water detention facilities, have been com- pleted and the City Manager has examined the work and has filed a certificate stating that the same has been completed in accordance with the plans approved by the City Council and in conformance with City specifications, and has recommended that the improvements be ac- cepted by the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said public improvements in Sky Blue Estates #2 Subdivi- sion, except for storm water detention facilities, be and the same is hereby accepted. Section 2. That a maintenance guarantee covering said public improvements shall be pro- vided by the owners, E.K.M. LLC, for a period of two (2) years from the date of this resolution. Passed, approved, and adopted this 4th day of January 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 7. Approval of Plat of Survey of Lot 5A in Dubuque Industrial Center South First Addition, in the City of Dubuque, Iowa for Vacating Peti- tion (Simmons Pet Food Inc. Development Agreement): City Manager recommended ap- proval of the Plat of Survey of Lot 5A of Dubu- que Industrial Center South First Addition, in the City of Dubuque, Iowa. Upon motion the documents were received and filed, and Reso- lution No. 4-21 Resolution approving Plat of proposed vacated portion of Flexsteel Way, in the City of Dubuque, Iowa, to be known as Lot 5A of Dubuque Industrial Center South First Ad- dition, in the City of Dubuque, Iowa was adopted. RESOLUTION NO. 4-21 APPROVING PLAT OF PROPOSED VA- CATED PORTION OF FLEXSTEEL WAY, IN THE CITY OF DUBUQUE, IOWA, TO BE KNOWN AS LOT 5A OF DUBUQUE INDUS- TRIAL CENTER SOUTH FIRST ADDITION, IN THE CITY OF DUBUQUE, IOWA Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated December 22, 2020 prepared by the City of Dubuque Engineering Department, showing the proposed vacated area of Flexsteel Way between Lots 4 and 5 of Dubuque Industrial Center South First Addition, in the City of Dubu- que, Iowa and assigned a Lot number thereto, to be known as Lot 5A of Dubuque Industrial Center South First Addition, in the City of Dubu- que, 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 December 22, 2020 prepared by the City of Dubuque Engi- neering Department, 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 di- rected 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, a pedestrian bike/hike trail access easement, and an ingress/egress easement for emergency vehicles and city maintenance vehicles over the entirety of said Lot 5A. 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 4th day of January 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 8. Signed Contract(s): Iowa Economic De- velopment Authority AmeriCorps Partners in Learning CARES Recovery Fund Grant Agree- ment. Upon motion the documents were re- ceived and filed. 9. National League of Cities Leadership in Community Resilience Grant Application: City Manager recommended approval of a $10,000 grant application and funding request to the Na- 10 Regular Session, January 4, 2021 Book 151 tional League of Cities Leadership in Commu- nity Resilience grant program. Upon motion, the documents were received, filed, and approved. 10. Letter of Support for Phase 1-B Vaccina- tion of Iowa Drinking Water and Wastewater Utility Workers: City Manager provided a copy of a letter of support on behalf of the City of Dubuque to Kelly Garcia, Iowa Department of Public Health Interim Director, regarding the City's support of recommendations classifying drinking water and wastewater utility workers as "essential workers". Upon motion, the docu- ments were received and filed. 11. Iowa Arts and Culture Emergency Relief Fund Award for Five Flags Civic Center Thea- ter: City Manager transmitted information that the Five Flags Civic Center Theater was awarded a $58,000 Iowa Arts and Culture Emergency Relief Fund Award for PPE and COVID-related expenses. Upon motion, the documents were received and filed. 12. January 2021 Utility Bill Insert on COVID-19 Assistance: City Manager provided a copy of the January 2021 utility bill public in- formation insert on COVID-19 Assistance. Upon motion, the documents were received and filed. ITEMS SET FOR PUBLIC HEARING Motion by Cavanagh to receive and file the documents, adopt the resolutions, set the public hearings as indicated, and direct the City Clerk to publish the notice as prescribed by law. Se- conded by Sprank. Motion carried 7-0. 1. Petition to Vacate a Portion of Flexsteel Way between Lots 4 and 5 in Dubuque Indus- trial Center South First Addition, in the City of Dubuque, Iowa for Vacating Petition (Simmons Pet Food Inc. Development Agreement): City Manager recommended that a public hearing be set for January 19, 2021, for the vacation of right of way property described as Lot 5A of Dubuque Industrial Center South First Addition, in the City of Dubuque, Iowa. Upon motion the documents were received and filed and Reso- lution No. 5-21 Resolution of intent to vacate a portion of Flexsteel Way, in the City of Dubu- que, Iowa, to be known as Lot 5A of Dubuque Industrial Center South First Addition, in the City of Dubuque, Iowa was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on January 19, 2021 [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 op- tions. The City Council agenda can be ac- cessed at https://citVofdubuque.novu- sagenda.com/AgendaPublic/ or by contacting the City Clerk's Office at 563-589-4100, ctvclerk(a-)cityofdubugue.org.] RESOLUTION NO. 5-21 INTENT TO VACATE A PORTION OF FLEXSTEEL WAY, IN THE CITY OF DUBU- QUE, IOWA, TO BE KNOWN AS LOT 5A OF DUBUQUE INDUSTRIAL CENTER SOUTH FIRST ADDITION, IN THE CITY OF DUBU- QUE, IOWA Whereas, per Resolution No. 359-20 the City of Dubuque has entered into a develop- ment agreement with Simmons Pet Food, Inc. for the sale of City Owned property including a portion of the Flexsteel Way right of way be- tween Lots 4 and 5 of Dubuque Industrial Cen- ter South First Addition; and Whereas, the City of Dubuque has re- quested the vacation of a portion of Flexsteel Way, originally platted as Lot C of Dubuque In- dustrial Center South First Addition, in the City of Dubuque, Iowa, in order to convey the prop- erty to Simmons per said development agree- ment; and Whereas, the City of Dubuque Engineering Department has prepared and submitted to the City Council a plat showing the proposed va- cated area of Flexsteel Way between Lots 4 and 5 of Dubuque Industrial Center South First Addition, in the City of Dubuque, Iowa and as- signed a Lot number thereto, which hereinafter shall be known and described as Lot 5A of Dubuque Industrial Center South First Addition, in the City of Dubuque, Iowa. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the City of Dubuque intends to vacate Lot 5A of Dubuque Industrial Center South First Addition in the City of Dubuque, Iowa. Section 2. That a public hearing, and/or by virtual means, on the intent to vacate Lot 5A of Dubuque Industrial Center South First Addition in the City of Dubuque, Iowa is hereby set for the 19th day of December, 2021, at the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa, beginning at 6:30 p.m., and the City Clerk be and is hereby authorized and directed to cause a 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 41h day of January 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk Book 151 Regular Session, January 4, 2021 11 BOARDS/COMMISSIONS 1. Appointment was made to the following commissions. i. Human Rights Commission: One, 3-Year term through January 1, 2024 (Expiring term of McCarthy). Applicant: Kathy McCarthy, 3491 Waller St. This commission is subject to the State of Iowa Gender Balance Law. 9 Commis- sioners total; currently 4 males/2 females/3 openings. Motion by Jones to appoint Kathy McCarthy to the 3-year term. Seconded by Roussell. Motion carried 7-0. PUBLIC HEARINGS 1. Asbury Road Fiber Optic Collaboration - Phase 2 Project: Proof of publication on notice of public hearing on approval of the plans, spec- ifications, form of contract, and the estimated cost of $291,210 for the Asbury Road Fiber Op- tic Collaboration —Phase 2 Project, and City Manager recommended approval. Motion by Jones to receive and file the documents and adopt Resolution No. 6-21 Approval of plans, specifications, form of contract, and estimated cost for the Asbury Road Fiber Optic Collabora- tion — Phase 2 Project. Seconded by Resnick. Staff stated that no online public input had been received for this item. Motion carried 7-0. RESOLUTION NO. 6-21 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE ASBURY ROAD FIBER OP- TIC COLLABORATION — PHASE 2 PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the As- bury Road Fiber Optic Collaboration — Phase 2 Project, in the estimated amount $291,210.00, are hereby approved. Passed, adopted, and approved this 4th day of January 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk PUBLIC INPUT Due to the COVID-19 pandemic and man- dates for social distancing, public input was made available through GoToMeeting chat function, City Council and City Clerk email ac- counts, and the City of Dubuque's Facebook Live page. Staff stated that no online public in- put was received. ACTION ITEMS 1. Mayor and City Council Appointments to Various Boards and Commissions: City Clerk recommended that the City Council review their appointments to various boards and commis- sions for any changes in membership for the 2021 Calendar Year terms. Council Member Resnick stated that he is no longer part of the Hawkeye Area Community Action Program (HACAP) Board and that he transferred to the Greater Dubuque Development Corporation (GDDC) Board of Directors when previous Council Member Shaw resigned. The City Clerk stated that HACAP is no longer a Council ap- pointment due to the 28E Agreement conclud- ing when Operation New View (ONV) merged with HACAP. The City Clerk stated that the Boards and Commissions list would be updated to reflect this change. Motion by Resnick to re- ceive and file the information, including the up- dates stated by Council Member Resnick and the City Clerk. Seconded by Cavanagh. Motion carried 7-0. 2. 2021 State Legislative Priorities: City Manager recommended approval of the City of Dubuque 2021 State Legislative Priorities to be presented to legislators. Council expressed in- terest in considering how the City balances tax- ation and which groups are directly affected by that process. Council also mentioned that this topic will come up when Council discusses the Equitable Poverty Prevention Plan and the City's budget. Motion by Cavanagh to receive and file the documents and approve the priori- ties. Seconded by Resnick. Motion carried 7-0. 3. Request for Work Sessions - Sustainable Dubuque: City Manager requested that the City Council schedule quarterly Sustainable Dubu- que work sessions for the following dates: 1. Monday, February 1, 2021, at 5:30 p.m. 2. Monday, May 17, 2021, at 5:30 p.m. 3. Monday, August 16, 2021, at 5:30 p.m. 4. Monday, November 1, 2021, at 5:30 p.m. Motion by Resnick to receive and file the documents and set the work sessions as rec- ommended. Seconded by Roussell. No sched- ule conflicts were expressed. Motion carried 7- 0. COUNCILMEMBER REPORTS Council Member Jones reported on the re- cent passing of former City Council Member Dave Simon. CLOSED SESSION Motion by Jones to convene in closed ses- sion at 7:05 p.m. to discuss pending litigation pursuant to Chapter 21.5(1)(c) Code of Iowa. 12 Special Session, January 11, 2021 Book 151 Seconded by Resnick. Mayor Buol stated for the record that the attorney who will consult with City Council on the issues to be discussed in the closed session is City Attorney Crenna Brumwell. Motion carried 7-0. Upon motion, the City Council reconvened in open session at 7:16 p.m. stating that staff had been given proper direction. There being no further business, Mayor Buol declared the meeting adjourned at 7:17 p.m. /s/Adrienne N. Breitfelder, City Clerk CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in a special session at 6:30 p.m. on January 11, 2021. Due to the COVID-19 pandemic and man- dates for social distancing, this meeting was conducted virtually via GoToMeeting and aired live on CityChannel Dubuque (Mediacom cable channels 8 and 117.2) and streamed live on the City's Facebook page at www.face- book.com/cityofdubugue. The meeting was scheduled to stream live on the City's website at www.cityofdubuque.org/media, but the live stream did not occur due to technical difficul- ties. The archived meeting video is available on the City's website. Present: Mayor Buol; Council Members Cavanagh, Jones, Lynch, Resnick, Roussell, Sprank; City Manager Van Milligen, City Attor- ney 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 Draft Equitable Poverty Prevention Plan. WORK SESSION DRAFT EQUITABLE POVERTY PREVIEW TION PLAN Planning Services Manager Wally Werni- mont introduced the work session on the Draft Equitable Poverty Prevention Plan. Mr. Werni- mont introduced Eric Schnurer, President of Public Works, LLC, the consulting firm that the City retained to help create the Equitable Pov- erty Prevention Plan. Mr. Schnurer provided an overview of Public Works, LLC and introduced consultant Dr. Linda Rhodes, who served as the lead on the Draft Equitable Poverty Preven- tion Plan. Dr. Rhodes provided a video and PowerPoint presentation on the Draft Equitable Poverty Prevention Plan. Topics included: • Scope of work; • Methods used by Public Works, LLC to conduct the work; • Understanding poverty: o Defining poverty in Dubuque o Measuring poverty in Dubuque o Rising poverty in Dubuque o Racial disparities: poverty in Dubuque • Taking on poverty: the determinants and promising practices o Economic insecurity o Transportation o Education and skills training o Health and food insecurity Book 151 Special Session, January 19, 2021 o Racial equity o Housing o Children and youth Taking on poverty: infrastructure: o Obstacles to access: o Promising practices o Collective impact vs. silos o Foundational principle City of Dubuque office of shared prosper- ity: o Leadership o Areas of engagement o Citizen input o Anchors o Data collaborative o Grants and internships Dr. Rhodes, Mr. Wernimont, and City Man- ager Van Milligen responded to questions from the City Council following the presentation. The City Council provided feedback on potentially renaming the Equitable Poverty Prevention Plan, establishing goals to reduce the number of families in poverty, and the need for broad community support for the plan. Mr. Wernimont stated the next steps for the plan are for City staff and Public Works, LLC to use City Coun- cil's feedback from tonight's work session to re- vise the draft plan. The plan will then be formally adopted at a future City Council meeting. After the plan is adopted, City staff will work with the City Manager on budgeting and implementa- tion. There being no further business, Mayor Buol declared the meeting adjourned at 8:33 p.m. /s/Adrienne N. Breitfelder, City Clerk 13 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in a special session at 5:00 p.m. on January 19, 2021. Due to the COVID-19 pandemic and man- dates for social distancing, this meeting was conducted virtually via GoToMeeting and aired live on CityChannel Dubuque (Mediacom cable channels 8 and 117.2) and streamed live on the City's Facebook page at www.face- book.com/cityofdubugue. The meeting was scheduled to stream live on the City's website at www.citvofdubuque.org/media, but the live stream did not occur due to technical difficul- ties. The archived meeting video is available on the City's website. Present: Mayor Buol; Council Members Cavanagh, Jones, Lynch, Resnick, Roussell, Sprank; City Manager Van Milligen, City Attor- ney 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 Arts and Culture Master Plan. WORK SESSION ARTS and CULTURE MASTER PLAN UP- DATE Arts and Cultural Affairs Coordinator Jenni Petersen -Brant and network partners provided an update on the implementation of the City's Arts and Culture Master Plan. Network partners who spoke were: Kurt Strand, President, and CEO, Dubuque County Historical Society; Erin Dragotto, National Mississippi River Museum, and Aquarium; Ali Levasseur, Chairwoman, Dubuque County Fine Arts Society; Gary Stop- pelman, Executive Director, Dubuque Museum of Art; and Sandy Helgerson, Executive Direc- tor, Dubuque Arboretum and Botanical Gar- dens. Topics included: • Arts and Cultural Affairs Coordinator and Advisory Commission • Task Force and Working Group Volun- teers • Arts and Culture Partners in Dubuque • The need for an Arts and Culture Master Plan and Timeline • Goals, Priorities, Strategies, and Other Considerations • Priority #1: Promote and Support Arts and Culture as Dubuque's Competitive Edge 14 Regular Session, January 19, 2021 Book 151 • Art on the River, Voices Murals • Priority #2: Boost Capacity for Arts and Culture to Thrive o City Grant Programs, Private and Other Investment • Priority #3: Foster Engagement at All Levels o Dubuque Renaissance Project, Cul- tural Asset Mapping, Northeast Iowa School of Music • Priority #4: Cultivate Connections o Art En Route, Solidarity Mural • Recommendations Ms. Petersen -Brant responded to questions from the City Council following the presentation. There being no further business, Mayor Buol declared the meeting adjourned at 6:20 p.m. /s/Adrienne N. Breitfelder, City Clerk CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in a regular session at 6:30 p.m. on January 19, 2021. Due to the COVID-19 pandemic and man- dates for social distancing, this meeting was conducted virtually via GoToMeeting and aired live on CityChannel Dubuque (Mediacom cable channels 8 and 117.2) and streamed live on the City's Facebook page at www.face- book.com/cityofdubugue. The meeting was scheduled to stream live on the City's website at www.citvofdubuque.org/media, but the live stream did not occur due to technical difficul- ties. The archived meeting video is available on the City's website. Present: Mayor Buol; Council Members Cavanagh, Jones, Lynch, Resnick, Roussell, Sprank; City Manager Van Milligen, City Attor- ney 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. COVID-19 Update: Mary Rose Corrigan, Public Health Specialist for the City of Dubu- que, provided an update on the COVID-19 pan- demic and response activities. PROCLAMATION(S) 1. Dubuque Eagles "Eyes on the Future" Month (January 2021) was accepted by Mi- chael Duehr of the Dubuque Fraternal Order of Eagles. CONSENT ITEMS Request by Council Member Sprank to hold Consent Item #13, Iowa Department of Inspec- tions and Appeals New Interagency Agree- ment, for a separate discussion. Motion by Res- nick to receive and file the documents, adopt the resolutions, and dispose of as indicated ex- cept for Consent Item #13. Seconded by Sprank. Motion carried 7-0. 1. Minutes and Reports Submitted: City Council proceedings of 1/4; Community Devel- opment Advisory Commission of 1/6; Historic Preservation Commission of 12/17; Zoning Book 151 Regular Session, January 19, 2021 15 Advisory Commission of 1/6; Zoning Board of Adjustment of 12/17; Proof of publication on City Council proceedings of 12/7, 12/11; Proof of publication for List of Claims and Summary of Revenues for the month ending 11/30. Upon motion, the documents were received and filed. 2. Notice of Claims and Suits: Jayne David for personal injury; Shane and April Hanson for property damage; Jordan Koehler for vehicle damage; Nathan and Amanda Salzmann for property damage; Becky Wolf and Chuck Min- nick for property damage. Upon motion, the documents were received, filed, and referred to the City Attorney. 3. Disposition of Claims: City Attorney ad- vised that the following claims have been re- ferred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Jayne David for personal injury; Jordan Koehler for property damage; Nathan and Amanda Salzmann for property damage; Becky Wolf and Chuck Minnick for property damage. Upon motion, the documents were received, filed, and concurred. 4. Approval of City Expenditures: City Man- ager recommended City Council approval for payment of City expenditures. Upon motion, the documents were received and filed, and Reso- lution No. 7-21 Authorizing the Director of Fi- nance and Budget/City Treasurer to make cer- tain payments of bills that must be paid and ap- proved for payment in accordance with City pro- cedures was adopted. RESOLUTION NO. 7-21 AUTHORIZING THE DIRECTOR OF FI- NANCE AND BUDGET / CITY TREASURER TO MAKE CERTAIN PAYMENTS OF BILLS THAT MUST BE PAID AND APPROVED FOR PAYMENT IN ACCORDANCE WITH CITY PROCEDURES 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 De- partment personnel in accordance with gener- ally accepted internal control procedures and have been determined to have been requisi- tioned for a lawful municipal purpose; and Whereas, the Finance Director -City Treas- urer 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 pay- ment of certain expenditures known as Excep- tion 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 Treas- urer is hereby authorized to issue payment for goods and services provided for City purposes in response to the purchase orders and con- tracts issued in compliance with state and mu- nicipal code requirements as requested by des- ignated requisitioning authorities in accordance with approved budget appropriations. Section 2. In accordance with Iowa Code Section 372.13(6), the City Clerk and Finance Director are hereby authorized and directed to provide the statement of receipts and disburse- ments to the City Council, and to publish a sum- mary thereof. Passed, approved, and adopted this 19«' day of January 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 5. Memo Recording Award of Chaplain Schmitt Island Fiber Collaboration Project: City Manager recommended that the award for the Chaplain Schmitt Island Fiber Collaboration Project be officially recorded in the minutes of the City Council. Upon motion, the documents were received, filed, and made a Matter of Rec- ord. 6. Modifications to Original Approval Plans and the Final Plat of North Grandview Estates No. 2 in 2006, in the City of Dubuque, Iowa: City Manager recommended approval of a resolu- tion for modification to the original approval plans and the Final Plat of North Grandview Es- tates No. 2 in 2006. Upon motion, the docu- ments were received and filed, and Resolution No. 8-21 Approving modifications to the original approval of plans and the Final Plat of North Grandview Estates No. 2 in 2006, in the City of Dubuque, Iowa was adopted. RESOLUTION NO. 8-21 APPROVING MODIFICATIONS TO THE ORIGINAL APPROVAL OF PLANS AND THE FINAL PLAT OF NORTH GRANDVIEW ES- TATES NO. 2 IN 2006, IN THE CITY OF DUBUQUE, IOWA. Whereas, by resolution 308-06 the City Council approved a Final Plat of North Grandview Estates No. 2 in the City of Dubu- que; attached as Exhibit A, and Whereas, the Final Plat and subsequent Agreement with the prior owner (Instrument No. 2005-6151), and Amended Agreement Inst. No. 16 Regular Session, January 19, 2021 Book 151 2007-4829, laid out a plan and requirements for development of North Grandview Estates, No. 2; and Whereas, the development of North Grandview Estates No. 2 never came to fruition and a foreclosure of the property resulted in the property sitting idle for many years; and Whereas, Ehrlich Properties, LLC (Devel- oper) acquired the property in 2018 and desires to develop the property for housing; and Whereas, from the time the original Final Plat and plans were approved for the develop- ment a number of regulatory standards have changed making development according to the original plans impossible; and Whereas, City staff has worked with Devel- oper to identify the components from the origi- nal plan, plat, and agreements which are still feasible and those requiring modification for compliance with current code provisions, and Whereas, Developer also acquired Lot 2-1- 1 of Mineral Lot 359 in the City of Dubuque abutting North Grandview Estates No. 2 (here- inafter "Adjacent Property"); and Whereas, the City and Developer are pre- pared to agree to a number of specific items to facilitate development of North Grandview Es- tates No. 2 and the Adjacent Property, including modifications to the previously approved plat, plans, and governing agreements which need to be memorialized. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Developer understands that cer- tain elements of the development are eligible for City assistance through a Housing Tax In- crement Financing (TIF) Agreement and under- stands those elements cannot be constructed until a separate Housing Tax Increment Financ- ing (TIF) Agreement is finalized and approved. The specific Housing TIF eligible elements in- clude: Fiber Conduit and Vaults, Curb underdrain, and Private Retaining Wall. Section 2. Developer acknowledges review- ing all applicable plats, plans, and governing agreements related to the 2006 approval for the development to identify differences between 2006 standards and current standards. Section 3. Unless otherwise stated herein or approved as part of a modified plan approval, Developer agrees to the terms, conditions, and approvals contained in the previous plats, plans, and governing agreements. Section 4. Developer shall dedicate public right-of-way as shown on Exhibit B as Lot A of Lot 25 of North Grandview Estates No. 2. Section 5. Developer shall receive an ease- ment from City for the retaining wall necessary for street construction, which in 2006 did not en- croach on City right-of-way but with changes in standards must now be larger and will encroach on public right-of-way. Section 6. Developer understands the City holds $175,001 to be put toward the construc- tion of Helen Ridge Court from which Developer may request reimbursement for the construc- tion of Helen Ridge Court as follows: Upon completion of the street base, curb, and gutter and first lift of asphalt on Helen Ridge Court, Developer shall obtain City in- spection and approval and submit actual costs of construction for review. Upon ap- proval, Developer shall be reimbursed for ac- tual expenditures but not to exceed eighty-five percent (85%) of the funds held by the City. Upon completion of the second lift of asphalt Developer shall obtain City inspection and ap- proval and submit actual costs of construction for review. Upon approval, Developer shall be reimbursed for actual expenditures, but not to exceed the remaining fifteen percent (15%) of the funds held by the City. Section 7. City shall televise the previously installed water and sewer utilities to identify any necessary repairs. City may arrange for repairs or reimburse Developer for actual costs of nec- essary repairs. Developer shall submit actual costs for review and approval by City. Section 8. Developer will install fiber conduit and vaults, curb underdrain, the larger retaining wall, and an entrance to a stub street off the Helen Ridge Court cul-de-sac as shown on Ex- hibit B as Lot A of Lot 25 of North Grandview Estates No. 2. to provide access to the Adjacent Property. Section 9. Developer shall provide a 3% in- spection fee for all public improvements. Section 10. Developer shall provide 110% securities for all public improvements except for street improvements, for the maintenance pe- riod of 2 years. Section 11. Developer shall reimburse City for water and sanitary sewer installation as will be outlined in the Housing TIF Agreement. Section 12. Developer shall ensure Devel- oper possesses clear title to the detention pond Lots, and upon confirmation of clear title, shall deed detention pond Lots to City. Section 13. Developer understands and acknowledges the retaining wall will remain pri- vately owned by Developer or the Developer's successors, assigns and/or transferees, and the City takes no ownership or maintenance in- terest or obligation for the retaining wall. Section 14. Developer agrees: To reduce Helen Ridge Court (Lot A) to grade and to con- struct concrete curb and gutter and to hard sur- face with asphaltic concrete, or with concrete paving with integral curb and curb underdrain all in accordance with the City of Dubuque standard specifications, all in a manner ac- ceptable to the City Engineer, in conformance with construction improvement plans approved Book 151 Regular Session, January 19, 2021 17 by the City Engineer, and inspected by the City Engineer; To install sanitary sewer service laterals and water service laterals to the Adjacent Property (Lot 2-1-1 of Mineral Lot 359), and storm sewers and catch basins, boulevard street lighting and metered lighting controller, fiber optic conduit and vaults, private retaining wall, curb ramps, and stub street extensions to Lot 2-1-1 of Mineral Lot 359, and erosion control devices all in accordance with the City of Dubuque standard specifications, all in a manner acceptable to the City Engineer, and in accordance with construction improvement plans approved by the City Engineer, and in- spected by the City Engineer; To construct said improvements, prior to two (2) years from the date of acceptance of this resolution, at the sole expense of the owners, or future owner; To construct storm water detention facilities in a manner acceptable to the City Engineer, in accordance with construction improvement plans approved by the City Engineer, prior to grading associated with the proposed streets; To maintain the above public improve- ments, for a period of two (2) years from the date of the acceptance of those improve- ments by the City of Dubuque, Iowa, at the sole expense of the owners, or future owner. However, this provision imposes no obligation on the owner or future owners to maintain the sanitary sewer service laterals, water service laterals, water main or sanitary sewer main excepting only the sanitary sewer service lat- erals and water service laterals to the Adja- cent Property (Lot 2-1-1 of Mineral Lot 359); Section 15. That the City's residential street width standard is hereby waived to allow con- struction of Helen Ridge Court with 27-foot of paving and 42-foot of right-of-way. Parking on Helen Ridge Court shall be restricted to the north and west sides of the street. Section 16. Sidewalk installation shall be the responsibility of the owner abutting the pub- lic rights -of -way, including Lots with multiple frontages, as required by City Code 16-11-16. The responsibility shall extend to all succes- sors, heirs, and assignees. Sidewalk installa- tion will not be required until the development of the Lot has been completed, except as required herein. In sparsely developed subdivisions, sidewalks on developed Lots will not be re- quired until 50% of the Lots approved by the plat have been developed. All vacant Lots shall have sidewalks installed upon development of 80% of the Lots approved by the plat. Section 17. The Developer will maintain the detention facilities constructed as part of North Grandview Estates Subdivision No. 2 until it has been fully completed and 80% of the sum of the platted Lots in the entire North Grandview Estates No. 2 is fully developed and the remaining 20% of these Lots have installed adequate erosion control measures as ap- proved by the City. Upon the City's acceptance of the detention facility, the maintenance ex- penses incurred by the City of Dubuque for the storm water detention facility (Lots 10 and 12) shall be assessed against the Lot owners of North Grandview Estates No. 2, in equal amounts, and the City Manager shall certify such costs to the City Clerk, who in turn shall promptly certify such costs to the Dubuque County Treasurer, and such costs shall then be collected with and in the same manner as gen- eral property taxes in accordance with provi- sions of law. Section 18. That the final acceptance of all public improvements shall occur upon certifica- tion of the City Engineer to the City Council that all public improvements have been completed in accordance with the improvement plans and City standard specifications and accepted by City Council Resolution. Section 19. That in the event Developer fails to execute the acceptance and furnish the guar- antees provided in Section 9 and 10 hereof within 180 days after the date of this Resolution, the provisions hereof shall be null and void and the acceptance of the dedication and approval the plat shall not be effective. Section 20. This Agreement is subject to City approval of the Amended Plat as submitted by the Developer. Passed, approved, and adopted this 19«' day of January 2021 Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 7. Acceptance of Sanitary Sewer Improve- ments across Part of Lot 1 of Sara S. and Ed- ward R. Bartels Addition, in the City of Dubu- que, Iowa: City Manager recommended ac- ceptance of the public sanitary sewer improve- ments that the developer, Ichiban Realty, LLC, has recently completed across Part of Lot 1 of Sara S. and Edward R. Bartels Addition in the City of Dubuque, Iowa. Upon motion, the docu- ments were received and filed, and Resolution No. 9-21 Accepting Public Sanitary Sewer Im- provements across Part of Lot 1 of Sara S. and Edward R. Bartels Addition, in the City of Dubu- que, Iowa was adopted. RESOLUTION NO. 9-21 ACCEPTING PUBLIC SANITARY SEWER IM- PROVEMENTS ACROSS PART OF LOT 1 OF SARA S. AND EDWARD R. BARTELS ADDI- TION, IN THE CITY OF DUBUQUE, IOWA Whereas, pursuant to Sanitary Sewer Con- struction Agreement dated October 22, 2020, a copy of which is attached hereto, certain public improvements including sanitary sewer and ap- purtenances, were installed by Ichiban Realty, LLC; and 18 Regular Session, January 19, 2021 Book 151 Whereas, the improvements have been completed and the City Manager has examined the work and has filed a certificate stating that the same has been completed in accordance with the plans approved by the City Council and in conformance with City specifications and has recommended that the improvements be ac- cepted by the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said public improvements across Part of Lot 1 of Sara S. and Edward R. Bartels Addition, in the City of Dubuque, Iowa, be and the same is hereby ac- cepted. Section 2. That a maintenance guarantee covering said public improvements shall be pro- vided by the owners, Ichiban Realty, LLC, for a period of two (2) years from the date of this res- olution. Passed, approved, and adopted this 19th day of January 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 8. Acceptance of Cedar Street Force Main Air Vacuum Release Valve Replacement Pro- ject: City Manager recommended acceptance of the public improvement contract for the Ce- dar Street Force Main Air Vacuum Release Valve Replacement Project, as completed by Tschiggfrie Excavating Co., in the final contract amount of $185,397.81. Upon motion, the doc- uments were received and filed, and Resolution No. 10-21 Accepting the Cedar Street Force Main Air Vacuum Release Valve Replacement Project and authorizing the payment to the con- tractor was adopted. RESOLUTION NO. 10-21 ACCEPTING THE CEDAR STREET FORCE MAIN AIR VACUUM RELEASE VALVE RE- PLACEMENT PROJECT AND AUTHORIZING THE PAYMENT TO THE CONTRACTOR Whereas, the public improvement contract for the Cedar Street Force Main Air Vacuum Release Valve Replacement Project (the Pro- ject) has been completed by the Contractor, Tschiggfrie Company, Inc. (Contractor), the City Engineer has examined the work and rec- ommends that the Project be accepted; and Whereas, the final contract amount for the Project is $185,397.81; and Whereas, the Contractor has previously been paid $176,127.92, leaving a balance of $9,269.89; and Whereas, the City Council finds that the rec- ommendation 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 $9,269.89 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 191h day of January 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF CEDAR STREET FORCE MAIN AIR VACUUM RELEASE VALVE RE- PLACEMENT PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the Cedar Street Force Main Air Vac- uum Release Valve Replacement Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $185,397.81. Dated this 13th day of January 2021. /s/Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 13th day of January 2021. /s/Adrienne N. Breitfelder, City Clerk 9. Acceptance of 2020 Pavement Marking Project: City Manager recommended ac- ceptance of the construction contract for the 2020 Pavement Marking Project, as completed by SELCO, Inc., in the final contract amount of $153,227.31, which is a 0.53% decrease from the original contract amount of $154,043.29. Upon motion, the documents were received and filed, and Resolution No. 11-21 Accepting the 2020 Pavement Marking Project and au- thorizing the payment to the contractor was adopted. RESOLUTION NO. 11-21 ACCEPTING THE 2020 PAVEMENT MARK- ING PROJECT AND AUTHORIZING THE PAYMENT TO THE CONTRACTOR Whereas, the public improvement contract for the 2020 Pavement Marking Project, (the Project) has been completed by the Contractor, SELCO, Inc. (Contractor), the City Engineer has examined the work and recommends that the Project be accepted; and Whereas, the final contract amount for the Project is $153,227.31; and Whereas, the Contractor has previously been paid $145,565.95, leaving a balance of $7,661.36; and Whereas, the City Council finds that the rec- ommendation of the City Engineer should be accepted. Book 151 Regular Session, January 19, 2021 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 $7,661.36 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 19'h day of January 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 10. Southwest Arterial / U.S. 52 Intelligent Transportation System Corridor — HDR Profes- sional Service Agreement: City Manager rec- ommended approval and authorization for the City Manager to execute a consultant Profes- sional Service Agreement with HDR Engineer- ing, Inc. to assist in providing design services for the development and implementation of an Intelligent Transportation System (ITS) along the Southwest Arterial / U.S. 52 Corridor. Upon motion, the documents were received and filed, and Resolution No. 12-21 Approving the Con- sultant Professional Services Agreement be- tween the City of Dubuque and HDR Engineer- ing, Inc. for the development and implementa- tion of an Intelligent Transportation System (ITS) along the Southwest Arterial / U.S. 52 Corridor was adopted. RESOLUTION NO. 12-21 APPROVING THE CONSULTANT PROFES- SIONAL SERVICES AGREEMENT BE- TWEEN THE CITY OF DUBUQUE AND HDR ENGINEERING, INC. FOR THE DEVELOP- MENT AND IMPLEMENTATION OF AN IN- TELLIGENT TRANSPORTATION SYSTEM (ITS) ALONG THE SOUTHWEST ARTERIAL / U.S. 52 CORRIDOR Whereas, with the Southwest Arterial / U.S. 52 completed and open to vehicular traffic, the City and Iowa DOT wish to jointly partner to- gether to develop and implement an ITS net- work along the Southwest Arterial Corridor; and Whereas, the City and Iowa DOT entered into a Cooperative Funding Agreement (Agree- ment No. 2020-16-033) to develop and imple- ment an ITS network along the Southwest Arte- rial Corridor; and Whereas, per the Agreement, the City will be responsible for the design and construction and the Iowa DOT shall reimburse the City for said costs; and Whereas, the City has selected HDR Engi- neering, Inc from the Iowa DOT's Traffic Oper- ations On -Call consultant list to assist in provid- ing design services for the development and im- plementation of an ITS network along the Southwest Arterial / U.S. 52 Corridor. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That said consultant Professional Service Agreement between the City and HDR Engineering, Inc. to assist in providing design services for the development and implementa- tion of an Intelligent Transportation System (ITS) along the Southwest Arterial / U.S. 52 Corridor is hereby approved. Section 2. That the City Manager is hereby authorized and directed to execute two copies of said Professional Service Agreement be- tween the City and HDR Engineering, Inc. to as- sist in providing design services for the devel- opment and implementation of an Intelligent Transportation System (ITS) along the South- west Arterial / U.S. 52 Corridor. Passed, approved, and adopted this 19'h day of January 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 11. Adoption of Code of Ordinances Sup- plement No. 2020 S-2: City Clerk recom- mended adoption of Supplement No. 2020 S-2 to the City of Dubuque Code of Ordinances that codifies Ordinances Nos. 32-20 through 51-20. Upon motion, the documents were received and filed, and Resolution No. 13-21 Adopting Supplement No. 2020 S-2 to the Code of Ordi- nances of the City of Dubuque, Iowa was adopted RESOLUTION NO. 13-21 ADOPTING SUPPLEMENT NO. 2020 S-2 TO THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA Whereas, under date of August 17, 2009, the City Council, pursuant to Ordinance No. 43- 09, readopted the Code of Ordinances of the City of Dubuque, Iowa in its entirety; and Whereas, since August 17, 2009 the City Council of the City of Dubuque, Iowa has adopted certain ordinances amending the Code of Ordinances and said amendments have been printed as supplements to the Code of Or- dinances; and Whereas, Section 380.8 of the Code of Iowa provides that supplements, by resolution, be- come part of the Code of Ordinances; and Whereas, Code Supplements are prepared by the American Legal Publishing of Cincinnati, Ohio and filed in the Office of the City Clerk of the City of Dubuque, Iowa. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That Supplement No. 2020 S-2 to the City of Dubuque Code of Ordinances, 20 Regular Session, January 19, 2021 Book 151 which codifies Ordinance Nos. 32-20 through 51-20 as approved by City Council through De- cember 7, 2020, is hereby adopted, and be- comes part of the Code of Ordinances of the City of Dubuque, Iowa. Passed, approved, and adopted this 19th day of January 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 12. Government Finance Officers Associa- tion Certificate of Achievement for Excellence in Financial Reporting: City Manager transmitted the notification of the City of Dubuque receiving the Government Finance Officers Association Certificate of Achievement for Excellence in Fi- nancial Reporting for the 31st consecutive year. Upon motion, the documents were received and filed. 13. Iowa Department of Inspections and Ap- peals New Interagency Agreement: City Man- ager recommended approval of the renewal 28E Agreement with the Iowa Department of In- spections and Appeals for performance of food and hotel licensing, inspections, and enforce- ment with respect to retail food establishments. Council Member Sprank requested clarification on whether this agreement will change the na- ture of inspections due to COVID-19. City Man- ager Van Milligen stated that this renewal is a continuation of the City's annual agreement. Public Health Specialist Mary Rose Corrigan added that since this agreement is an extension of the current agreement, there are no changes to the inspection process. Motion by Resnick to receive, file, and approve the documents. Sec- ond by Sprank. Motion carried 7-0. 14. Growing Sustainable Communities Con- ference Management Contract with Travel Dubuque: City Manager recommended ap- proval of a one-year conference management contract with Travel Dubuque to host the 2021 Growing Sustainable Communities Confer- ence. Upon motion, the documents were re- ceived, filed, and approved. 15. Signed Contract(s): Public Improvement Contract: Asbury Road Fiber Optic Collabora- tion - Phase 1 Project. Upon motion, the docu- ments were received and filed. 16. Alcohol License Applications: City Man- ager recommended approval of annual liquor, beer, and wine license applications as submit- ted. Upon motion, the documents were re- ceived and filed, and Resolution No. 14-21 Ap- proving applications for beer, liquor, and/or wine permits, as required by City of Dubuque Code of Ordinances Title 4 Business and Li- cense Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits was adopted. RESOLUTION NO. 14-21 APPROVING APPLICATIONS FOR BEER, LIQUOR, AND/OR WINE PERMITS, AS RE- QUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LI- CENSE REGULATIONS, CHAPTER 2 LIQ- UOR CONTROL, ARTICLE B LIQUOR, 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: Renewals AMC Theatres Dubuque 14, 2835 NW Arterial, Class C Liquor (Sunday) Baymont Inn and Suites, 4025 McDonald Dr., Class B Liquor (Outdoor) (Sunday) Big 10 Mart, 2100 John F. Kennedy Rd., Class E Liquor, Class B Wine, Class C Beer (Sun- day) Brazen Open Kitchen Bar, 955 Washington St. Suite #101, Special Class C Liquor (Outdoor) Dubuque Golf and Country Club, 1800 Randall PI., Class C Liquor, Class B Wine (Outdoor) (Sunday) Hy-Vee #2, 2395 NW Arterial, Class E Liquor, Class B Wine, Class C Beer (Sunday) Hy-Vee Clubroom, 400 S. Locust St., Special Class C Liquor (Sunday) Mario's Italian Restaurant and Lounge, 1298 Main St., Class C Liquor, Class B Wine TownePlace Suites by Marriott — Dubuque, 1151 Washington St., Special Class C Liquor, Class B Wine (Living Qrts.) (Sunday) New Noonan's Tap, 1618 Central Ave., Class C Liq- uor(Sunday) Permanent Premise Update Millwork Marketplace, 333 E. loth St., Class C Liquor, Class B Wine (Catering)(Outdoor) (Sunday) Section 1. The City Clerk is hereby authorized and directed to cause to be issued the noted permit types to the following applicants pend- ing submission of the locally required docu- mentation: Passed, approved, and adopted this 19th day of January 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk Book 151 Regular Session, January 19, 2021 21 ITEMS SET FOR PUBLIC HEARING City Council referenced citizen correspond- ence regarding Item Set for Public Hearing #2. Sale of City -Owned Property at 1293 Walnut, in which the citizen requested verification on whether the property will be owner -occupied. Responding to questions from the City Council, Housing and Community Development Director Alexis Steger stated that the property contains two Lots, one currently vacant and the other containing a residence, and the property is in- tended to be owner -occupied. Ms. Steger stated she will provide the zoning classification of the property at the February 1, 2021, public hearing. Motion by Roussell to receive and file the documents, adopt the resolutions, set the public hearings as indicated, and direct the City Clerk to publish notice as prescribed by law. Se- conded by Cavanagh. Motion carried 7-0. 1. Ehrlich Properties, LLC Housing TIF Agreement (North Grandview Estates Housing Urban Renewal Area): City Attorney recom- mended the City Council set a public hearing for February 1, 2021, regarding the Ehrlich Proper- ties, LLC Housing TIF Agreement (North Grandview Estates Housing Urban Renewal Area). Upon motion the documents were re- ceived and filed, and Resolution No. 15-21 In- tent to approve an Agreement between the City of Dubuque and Ehrlich Properties, LLC and fix- ing the date for a public hearing of the City Council of the City of Dubuque, Iowa on the pro- posed reimbursement of Ehrlich Properties LLC for certain infrastructure improvements as de- scribed in the agreement with Urban Renewal Tax Increment Revenue 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 February 1, 2021 in the Historic Federal Building. RESOLUTION NO. 15-21 INTENT TO APPROVE AN AGREEMENT BE- TWEEN THE CITY OF DUBUQUE AND EHR- LICH PROPERTIES, LLC AND FIXING THE DATE FOR A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA ON THE PROPOSED REIMBURSE- MENT OF EHRLICH PROPERTIES LLC FOR CERTAIN INFRASTRUCTURE IMPROVE- MENTS AS DESCRIBED IN THE AGREE- MENT WITH URBAN RENEWAL TAX INCRE- MENT REVENUE AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF Whereas, City and Ehrlich Properties, LLC have entered into an Agreement, subject to the approval of the City Council, pursuant to which Ehrlich Properties, LLC will cause certain infra- structure improvements to be constructed on and within Development Property as described in the Agreement; and Whereas, the City Council has tentatively determined that it would be in the best interests of City to approve the Agreement; and Whereas, the Agreement provides for reim- bursement of Ehrlich Properties, LLC payable from the tax increment revenues collected in re- spect of the improvements to be constructed in accordance with the Agreement, for the pur- pose of carrying out the objectives of an Urban Renewal Plan as described therein; and Whereas, before said reimbursement 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 meeting the City Council shall receive oral and/or written ob- jections from any resident or property owner of said City to such proposed action. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The City of Dubuque intends to approve the proposed Agreement with Ehrlich Properties, LLC Section 2. The City Clerk is hereby author- ized and directed to cause a notice to be pub- lished as prescribed by Iowa Code Section 403.9 of a public hearing to be held on the 1st day of February 2021 at 6:30 p.m. in the form attached hereto. Section 3. The City Council will meet at said time and place for the purpose of acting on the matter of authorizing the execution of the Agreement with Ehrlich Properties, LLC, pursu- ant to and in accordance with the North Grandview Estates Housing Urban Renewal Area Economic Development District, including but not limited to the funding of reimbursement for improvements under the terms and condi- tions of the Agreement and said Urban Re- newal Plan. It is expected that the aggregate amount of the reimbursements will not exceed $188,000. 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, pub- lished at least once weekly, and having general circulation in said City, said publication to be not less than four days nor more than twenty days before the date of said meeting. Section 5. That the notice of the proposed action shall be in substantially the form at- tached hereto. Passed, approved, and adopted this 19th day of January, 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 2. Sale of City -Owned Property at 1293 Walnut: City Manager recommended approval 22 Regular Session, January 19, 2021 Book 151 of a resolution declaring the City's intent to dis- pose of property at 1293 Walnut Street and set- ting the date for public hearing for February 1, 2021. Upon motion the documents were re- ceived and filed, and Resolution No. 16-21 In- tent to dispose of an interest in City of Dubuque real estate, setting a time and place for hearing and providing for the publication of notice thereof was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on Febru- ary 1, 2021 in the Historic Federal Building. RESOLUTION NO. 16-21 INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE REAL ESTATE, SET- TING A TIME AND PLACE FOR HEARING AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF Whereas, the City of Dubuque, Iowa (City) owns 1293 Walnut (the Property) legally de- scribed as: The Easterly 150 feet of Lot 5 of the Sub- division of Out Lot 740 in the City of Dubu- que, Iowa; and Lot 15 and the Northerly'/2 of Lot 14 in "F. E. Bissell's Dubuque, being the South half of Out Lot 740" in the City of Dubuque, Iowa, according to the rec- orded plats thereof; and Whereas, the City acquired the Property by petition as an abandoned property for the pur- pose of its restoration and re -sale for owner -oc- cupied housing; and Whereas, the City received an offer to pur- chase this property from Affordable Housing Network, Inc; and Whereas, by accepting the selected offer the City's objectives of providing homeowner- ship to an income qualified buyer and rehabili- tation of a vacated home can be realized and is consistent with the City goal of creating oppor- tunities for affordable home ownership. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque, Iowa, proposes to dispose of its interest in the above - described real estate to Affordable Housing Network, Inc. for the sum of $1. Section 2. That the City Council shall con- duct a public hearing on the proposed disposi- tion of real estate in the City Council Chambers at the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa on the 1It day of Febru- ary 2021 beginning at 6:30 p.m. Section 3. That the City Clerk be and is hereby authorized and directed to publish no- tice of the public hearing in the form attached hereto, according to law. Passed, approved, and adopted this 19t" day of January 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 op- tions. The City Council agenda can be ac- cessed at https://citvofdubugue.novu- sagenda.com/AgendaPublic/ or by contacting the City Clerk's Office at 563-589-4100, ctyclerk cityofdubugue.org.] BOARDS/COMMISSIONS 1. Boards and Commission Applicant Re- view: Applicants were invited to address the City Council regarding their appointment to the following Boards/Commissions. i. Building Code and Advisory Appeals Board: Seven, 3-Year terms and five alternate, 3-Year terms through January 1, 2024. Special experience and training qualifications: One member must be a residential construction pro- fessional; One member must be a commercial construction professional; One member must be an electrical construction professional; One member must be a plumbing construction pro- fessional; One member must be a heating, ven- tilation, and air conditioning (HVAC) construc- tion professional; Two multidisciplinary repre- sentatives, which could be an architect, engi- neer, building designer, or general construction professional. Alternates: One alternate must be a residential construction professional; One al- ternate must be a commercial construction pro- fessional; One alternate must be an electrical construction professional; One alternate must be a plumbing construction professional; One alternate must be a heating, ventilation, and air conditioning (HVAC) construction professional. Applicants: (Note: all applicants qualify as a multidisciplinary representative in addition to the qualification listed by their name) Adam Brown, 686 S. Grandview Ave. (Qualifies as electrical construction professional or electrical construction professional alternate); Mitchell Haufe, 1233 Miller Rd. (Qualifies as electrical construction professional or electrical construc- tion professional alternate); Daniel McNamer, 2891 Northridge Dr. (Qualifies as plumbing con- struction professional or plumbing construction professional alternate); Thomas Townsend, 1940 Amelia Dr. (Qualifies as electrical con- struction professional or electrical construction professional alternate); Katrina Wilberding, 3715 Asbury Rd. (Qualifies as a multidiscipli- nary representatives). Mr. Brown spoke in sup- port of his appointment and provided a brief bi- ography. Mayor Buol made note of correspond- ence received by Mr. Haufe and Mr. Townsend in favor of their appointments. Book 151 Regular Session, January 19, 2021 23 ii. Housing Appeals and Mediation Board — Newly Amended Board: Three, 3-Year term through January 1, 2024 (Special experience and training qualifications: residents with an in- terest in fair and equitable housing with an em- phasis on the balance of landlords, tenants, and other interested citizens.) Applicants: Mary Gotz, 1844 Bennett St. (Qualifies as a Land- lord); Jeff Lenhart, 1274 Locust St. (Qualifies as a tenant); Gil Spence, 975 Grove Terr. (Quali- fies as an interested citizen). iii. Human Rights Commission: One, 3-Year term through January 1, 2022 (Vacant term of Breitfelder) and One, 3-Year term through Jan- uary 1, 2024 (Expiring term of Keeler). Appli- cants: Pamala Birch, 1550 Betterfield Rd.; Klanea Evans, 691 '/2 Lorimer St. This commis- sion is subject to the State of Iowa Gender Bal- ance Law. 9 Commissioners total; currently 3 males/3 females/3 vacancies iv. Long Range Planning Advisory Commis- sion: One, 3-Year term through July 1, 2022 (Vacant term of Winterwood) and One, 3-Year term through July 1, 2023 (Vacant term of Pero - ski). Applicants: Justin Gross, 1225 Kelly Ln.; Mark Ward, 2758 Tiffany Crt. PUBLIC HEARINGS 1. Request to Rezone Dubuque Industrial Center, Chavenelle Road/Northwest Arterial: Proof of publication on notice of public hearing to consider approval of a request from Robert Hartig/Medical Associates to rezone property located at Dubuque Industrial Center, Cha- venelle Road/Northwest Arterial from PL Planned Industrial district to C-3 General Com- mercial district, and Zoning Advisory Commis- sion recommended approval. Motion by Cavanagh to receive and file the documents and that the requirement that a proposed ordi- nance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Se- conded by Jones. Planning Services Manager Wally Wernimont provide a staff report. Robert Hartig, 1804 Creekwood Drive, spoke in sup- port of the request and provided a brief descrip- tion of the project. Staff stated that no public in- put was received regarding this item. Motion carried 7-0. Motion by Cavanagh for final consideration and passage of Ordinance No. 1-21 Amending Title 16 of the City of Dubuque Code of Ordi- nances, Unified Development Code, by reclas- sifying property described as Lot 1 Dubuque In- dustrial Center Second Add, all in the City of Dubuque, from PI Planned Industrial District to C-3 General Commercial District. Seconded by Jones. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 1-21 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI- FIED DEVELOPMENT CODE, BY RECLASSI- FYING PROPERTY DESCRIBED AS LOT 1 DUBUQUE INDUSTRIAL CENTER SECOND ADD, ALL IN THE CITY OF DUBUQUE, FROM PI PLANNED INDUSTRIAL DISTRICT TO C-3 GENERAL COMMERCIAL DISTRICT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That Title 16 of the City of Dubu- que Code of Ordinances, Unified Development Code, is hereby amended by reclassifying the hereinafter —described property from PI Planned Industrial District to C-3 General Commercial District, to wit: Lot 1 Dubuque Industrial Center Second Add and to the centerline of the adjoining public right-of-way, all in the City of Dubu- que, Iowa. Section 2. That the foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This Ordinance shall take effect immediately upon publication as provided by law. Passed, approved, and adopted this 19"' day of January, 2021. /s/Roy D. Buol, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 22" d day of January 2021. /s/Adrienne N. Breitfelder, City Clerk 2. Petition to Vacate a Portion of Flexsteel Way between Lots 4 and 5 in Dubuque Indus- trial Center South First Addition, in the City of Dubuque, Iowa for Vacating Petition (Simmons Pet Food Inc. Development Agreement): Proof of publication on notice of public hearing for ap- proval of the vacation of a portion of Flexsteel Way between Lots 4 and 5 in Dubuque Indus- trial Center South First Addition, in the City of Dubuque, Iowa, and City Manager recom- mended approval. City Manager Van Milligen responded to a question from the City Council regarding renaming the street from Flexsteel Way to Simmons Way. Mr. Van Milligen stated that Simmons' Development Agreement con- tains a clause to rename the street. Once this petition to vacate is approved, the renaming of the street to Simmons Way will occur and will be on a future Council agenda. Motion by Jones to receive and file the documents and adopt Resolution No. 17-21 Vacating a portion of Flexsteel Way, in the City of Dubuque, Iowa, to be known as Lot 5A of Dubuque Industrial Cen- ter South First Addition, in the City of Dubuque, 24 Regular Session, January 19, 2021 Book 151 Iowa. Seconded by Cavanagh. Staff stated that no public input was received regarding this item. Motion carried 7-0. RESOLUTION NO. 17-21 VACATING A PORTION OF FLEXSTEEL WAY, IN THE CITY OF DUBUQUE, IOWA, TO BE KNOWN AS LOT 5A OF DUBUQUE IN- DUSTRIAL CENTER SOUTH FIRST ADDI- TION, IN THE CITY OF DUBUQUE, IOWA Whereas, per Resolution No. 359-20 the City of Dubuque has entered into a develop- ment agreement with Simmons Pet Food, Inc. for the sale of City Owned property including a portion of the Flexsteel Way right of way be- tween Lots 4 and 5 of Dubuque Industrial Cen- ter South First Addition; and Whereas, the City of Dubuque has re- quested the vacation of a portion of Flexsteel Way, originally platted as Lot C of Dubuque In- dustrial Center South First Addition, in the City of Dubuque, Iowa, in order to convey the prop- erty to Simmons per said development agree- ment; and Whereas, the City of Dubuque Engineering Department has prepared and submitted to the City Council a plat dated December 22, 2020 showing the proposed vacated area of Flexsteel Way between Lots 4 and 5 of Dubu- que Industrial Center South First Addition, in the City of Dubuque, Iowa and assigned a Lot number thereto, which hereinafter shall be known and described as Lot 5A of Dubuque In- dustrial Center South First Addition, in the City of Dubuque, Iowa; and Whereas, pursuant to resolution and pub- lished notice of time and place of hearing, pub- lished in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on the 8th day of January 2021, the City Council of the City of Dubuque, Iowa met by virtual means on the 19th day of January 2021, at 6:30 p.m. in the Historic Federal Build- ing Council Chambers (second floor), 350 West 6m Street, Dubuque, Dubuque County, Iowa to consider the request to vacate; and Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objec- tions, oral or written to the request to vacate; and Whereas, the City Council of the City of Dubuque, Iowa, has determined that the pro- posed vacation of Lot 5A of Dubuque Industrial Center South First Addition, in the City of Dubu- que, Iowa should be approved. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the real estate described as Lot 5A of Dubuque Industrial Center South First Addition, in the City of Dubuque, be and the same is hereby vacated. Passed, approved, and adopted this 19th day of January 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk PUBLIC INPUT Due to the COVID-19 pandemic and man- dates for social distancing, public input was made available through GoToMeeting chat function, City Council and City Clerk email ac- counts, and the City of Dubuque's Facebook Live page. Staff stated that no online public in- put was received. ACTION ITEMS 1. Commission Recommended Actions for Analysis of Impediments to Fair Housing: City Manager transmitted recommendations from the Human Rights Commission, the Housing Commission and the Community Development Advisory Commission for prioritizations from the Analysis of Impediments to Fair Housing. Motion by Sprank to receive and file for staff for FY22 consideration. Point of order by Resnick that the item must first be removed from the ta- ble. City Attorney Brumwell confirmed that Council must first motion to remove the item from the table before they can take further ac- tion. Motion by Sprank to remove Commission Recommended Actions for Analysis of Impedi- ments to Fair Housing from the table. Seconded by Resnick. Motion carried 7-0. City Council ex- pressed interest in reviewing housing data as part of the Equitable Poverty Prevention Plan and Council goal setting. City Council ex- pressed support of the inclusion of mobile home parks in the commissions' recommendations and appreciated the collaborative efforts of the commissions. Council Member Roussell asked if the motion needed to include adopting a res- olution. Mayor Buol clarified that a resolution was not included with this item, and the sug- gested disposition for the item is to receive and file. Motion by Sprank to receive and file for staff for FY22 consideration. Seconded by Roussell. Motion carried 7-0. 2. Asbury Road Fiber Optic Collaboration — Phase 2 Project: City Manager recommended award of the Asbury Road Fiber Optic Collabo- ration — Phase 2 Project construction contract to the low bidder, TD&I Cable Maintenance in the amount of $226,691.66, which is 5.8% be- low the engineer's estimate. Responding to a question from the City Council, Civil Engineer Dave Ness stated that this project is a partner- ship with Alliant Energy and that the project supports the City's long-term goals of broad- band expansion and connecting fiber infrastruc- ture together. Motion by Resnick to receive and file the documents and adopt Resolution No. Book 151 Regular Session, January 19, 2021 25 18-21 Awarding Public Improvement Contract for the Asbury Road Fiber Optic Collaboration — Phase 2 Project. Seconded by Roussell. Motion carried 7-0. RESOLUTION NO. 18-21 AWARDING PUBLIC IMPROVEMENT CON- TRACT FOR THE ASBURY ROAD FIBER OP- TIC COLLABORATION — PHASE 2 PROJECT Whereas, sealed proposals have been sub- mitted by contractors for the Asbury Road Fiber Optic Collaboration — Phase 2 Project, (the Pro- ject) pursuant to Resolution No. 376-20 and No- tice to Bidders published on the City of Dubu- que, Iowa website and plan room service with statewide circulation on the 2V day of Decem- ber 2020; and Whereas, said sealed proposals were opened and read on the 7ch day of January 2021 and it has been determined that TD&I Cable Maintenance of Lakeland, MN, with a base bid plus alternate bids totaling in the amount of $226,691.66 is the lowest responsive, respon- sible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That a Public Improvement Contract for the Project is hereby awarded to TD&I Cable Maintenance and the City Manager is hereby directed to execute a Public Improvement Con- tract on behalf of the City of Dubuque for the Project. Passed, adopted, and approved this 191h day of January 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 3. Proceedings to Amend the 2010G Storm - water Utility Revenue Capital Loan Notes (State Revolving Fund Loan) for a Rate Reset (Refi- nancing) — Lower Bee Branch Restoration Pro- ject: City Manager recommended approval of an amendment to the City Stormwater Utility Revenue State Revolving Fund (SRF) loan agreement entered into as of October 27, 2010. Motion by Jones to receive and file the docu- ments and adopt Resolution No. 19-21 Approv- ing and authorizing Amendment to Loan and Disbursement Agreement by and between the City of Dubuque and the Iowa Finance Authority and authorizing and providing for the reis- suance of the Stormwater Utility Revenue Cap- ital Loan Note, Series 2010G (Rate Reset). Se- conded by Resnick. Motion carried 7-0. RESOLUTION NO: 19-21 APPROVING AND AUTHORIZING AN AMENDMENT TO LOAN AND DISBURSE- MENT AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE AND THE IOWA FI- NANCE AUTHORITY, AND AUTHORIZING AND PROVIDING FOR THE REISSUANCE OF THE STORMWATER UTILITY REVENUE CAPITAL LOAN NOTE, SERIES 201OG (RATE RESET), OF THE CITY Whereas, the City of Dubuque (hereinafter the "Issuer") previously issued its Stormwater Utility Revenue Capital Loan Note, Series 2010G, dated October 27, 2010, in the amount of $7,850,000 (hereinafter the "Note") currently outstanding in the amount of $6,224,000, pur- suant to a Loan and Disbursement Agreement between the Issuer and the Iowa Finance Au- thority, dated of like date (the "Agreement"), for the purpose of defraying the costs of the Project (as defined in the resolution authorizing issu- ance of the same (hereinafter the "Resolu- tion")); and Whereas, the Iowa Finance Authority, as Original Purchaser and current holder of the Notes, has authorized a reduction in the interest rate on the Notes to 1.75%; and Whereas, an Amendment to the Loan and Disbursement Agreement (hereinafter the "Amendment") has been prepared to reflect said interest rate reduction, a copy of which is attached hereto as Exhibit A; and Whereas, pursuant to IRS regulations adop- tion of the Amendment constitutes a reissuance of the Notes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IN THE COUNTY OF DUBUQUE, STATE OF IOWA: Section 1. That the Resolution is hereby amended to reflect the interest rate reduction to 1.75% per annum on the outstanding principal amount from and after December 1, 2020 for the remainder of the life of the Notes. Section 2. That the Amendment in substan- tially in the form attached to this Resolution is hereby authorized to be executed and issued on behalf of the Issuer by the Mayor and at- tested by the City Clerk. Section 3. That the Supplemental Tax Cer- tificate regarding the uses of proceeds and the system is hereby approved. The Director of Fi- nance and Budget is directed to execute the same. Section 4. Except as amended herein, all of the other terms and conditions of the Resolution and Agreement are in all respects ratified, con- firmed and approved and shall remain in full ef- fect. Passed and approved this 19th day of Janu- ary 2020. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk COUNCIL MEMBER REPORTS Council Member Roussell reported on attend- ing the NAACP Martin Luther King Jr. (MILK) Student Tribute. As part of the tribute, students in grades K-12 shared how their lives were 26 Special Session, February 1, 2021 Book 151 positively impacted by MLK. Ms. Roussell also reported on attending the annual MLK breakfast on Monday, January 18 and encouraged every- one to attend next year's event. Council Member Jones reported on Council Member Lynch recently being elected as Chair- man of the Board for the Dubuque Racing As- sociation (DRA). The DRA also approved grants for charities at its recent meeting. Mr. Jones also reported on Ward 1 residents re- ceiving a letter from one of the Ward 1 Special Election candidates that lists City Council as the return address. Mr. Jones stated that the letter was sent by the candidate, and that City Coun- cil is not associated with the letter in any way. Mr. Jones stated that any citizens who are con- cerned about the letter should express their concerns to the candidate who sent the letter. Council Member Cavanagh congratulated the Finance Department for their recent award on Excellence in Financial Reporting. Mr. Cavanagh reported that he also attended the MLK breakfast and that he looks forward to fu- ture breakfasts where the community can safely gather in -person. Mayor Buol wished everyone a Happy New Year and advised that citizens continue to prac- tice public health measures including social dis- tancing, wearing masks, and frequently wash- ing hands. There being no further business, Mayor Buol declared the meeting adjourned at 7:57 p.m. /s/Adrienne N. Breitfelder, City Clerk CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 5:30 p.m. on February 1, 2021. Due to the COVID-19 pandemic and man- dates 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.cityofdubuque.org/me- dia, and streamed live on the City's Facebook page at www.facebook.com/cityofdubuque. Present: Mayor Buol; Council Members Cavanagh, Jones, Lynch, Resnick, Roussell, Sprank; City Manager Van Milligen, City Attor- ney 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 quarterly Sustainable Dubuque update. WORK SESSION SUSTAINABLE DUBUQUE QUARTERLY UP- DATE Sustainable Community Coordinator Gina Bell provided an update on the recent activities completed by the Sustainability Office. Topics included: • Teen Resiliency Corps (TRC) o Methodology o TRC in Action o Cost o Outcomes and Impacts o Successes, Lessons, and Next Steps • Community Conversations o Methodology o Framework o Reflections from the Conversations o Success, Lessons Learned and Next Steps Ms. Bell responded to questions from the City Council following the presentation. There being no further business, Mayor Buol declared the meeting adjourned at 6:20 p.m. /s/Adrienne N. Breitfelder, City Clerk Book 151 Regular Session, February 1, 2021 27 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on February 1, 2021. Due to the COVID-19 pandemic and man- dates 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.citvofdubuque.org/me- dia, and streamed live on the City's Facebook page at www.facebook.com/cityofdubugue. Present: Mayor Buol; Council Members Cavanagh, Jones, Lynch, Resnick, Roussell, Sprank; City Manager Van Milligen, City Attor- ney 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 The City Clerk stated for the record that there was an amendment to the agenda. The City Manager requested that Action Item #1, COVID-19 Vaccination Incentive for City of Dubuque Employees, be removed from the agenda. Therefore, Action Item #1 was re- moved from the agenda. PRESENTATION(S) 1. COVID-19 Update: Mary Rose Corrigan, Public Health Specialist for the City of Dubu- que, provided an update on the COVID-19 pan- demic and response activities. CONSENT ITEMS Motion by Resnick to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Jones. Motion carried 7-0. 1. Minutes and Reports Submitted: City Council Proceedings of 1/11 and 1/19; Commu- nity Development Advisory Commission Minutes of 1/20; Historic Preservation Commis- sion Minutes of 1/21; Housing Commission Minutes of 12/22; Library Board of Trustees of 11/19; Long Range Planning Advisory Commis- sion Minutes of 1/20; Proof of Publication of City Council Proceedings for 12/17, 12/21, 1/4 and 1/11; Proof of Publication for List of Claims / Summary of Revenues for Month Ending 12/31. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: Jennifer Con- nolly on behalf of State Farm Insurance; Ronald Koehler on behalf of State Farm Insurance for vehicle damage. Upon motion the documents were received, filed, and referred to the City At- torney. 3. Approval of City Expenditures: City Man- ager recommended City Council approval for payment of City expenditures. Upon motion the documents were received and filed, and Reso- lution No. 20-21 Authorizing the Director of Fi- nance and Budget/City Treasurer to make cer- tain payments of bills that must be paid and ap- proved for payment in accordance with City pro- cedures was adopted. 4. Acceptance of Grant of Easement for Sanitary Sewer Utility across Ichiban Realty LLC Property at 3187 University Drive in Dubu- que: City Manager recommended acceptance of a Grant of Easement for Sanitary Sewer Util- ity from Ichiban Realty LLC for a relocated pub- lic sanitary sewer across property at 3187 Uni- versity Drive. Upon motion the documents were received and filed, and Resolution No. 21-21 Accepting a Grant of Easement for Sanitary Sewer Utility through, under and across part of Lot 1 of Sara S. and Edward R. Bartels Addition, in the City of Dubuque, Iowa was adopted. RESOLUTION NO. 21-21 ACCEPTING A GRANT OF EASEMENT FOR SANITARY SEWER UTILITY THROUGH, UN- DER AND ACROSS PART OF LOT 1 OF SARA S. AND EDWARD R. BARTELS ADDI- TION, IN THE CITY OF DUBUQUE, IOWA Whereas, Ichiban Realty LLC and the City of Dubuque wish to set forth terms for the con- struction, maintenance, and replacement of proposed public sanitary sewer utility located in Part of Lot 1 of Sara S. and Edward R. Bartels Addition, in the City of Dubuque, Iowa; and Whereas, Ichiban Realty LLC has executed a Grant Easement for Sanitary Sewer Utility through, over and across Part of Lot 1 of Sara S. and Edward R. Bartels Addition, in the City of Dubuque, Iowa. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts, and consents to the Grant of Easement for San- itary Sewer Utility through, over and across Part of Lot 1 of Sara S. and Edward R. Bartels Addi- tion, in the City of Dubuque, Iowa from Ichiban Realty LLC, a copy of which is attached hereto. 28 Regular Session, February 1, 2021 Book 151 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 1st day of February 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 5. Approving a First Amendment to Devel- opment Agreement between the City of Dubu- que and Rouse and Dean Foundry Building, LLC to Redevelop Property at 990 Washington Street: City Manager recommended approval of a First Amendment to Development Agreement between the City of Dubuque and Rouse and Dean Foundry Building, LLC to redevelop prop- erty at 990 Washington Street. Upon motion the documents were received and filed, and Reso- lution No. 22-21 Approving the First Amend- ment to Development Agreement between the City of Dubuque, Iowa and Rouse and Dean Foundry Building, LLC was adopted. RESOLUTION NO. 22-21 APPROVING THE FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND ROUSE AND DEAN FOUNDRY BUILDING, LLC Whereas, the City of Dubuque (City) and Rouse and Dean Foundry Building, LLC (Devel- oper) previously entered into that certain Devel- opment Agreement dated October 12, 2017 with respect to the matters specified therein; and Whereas, the parties desire to further mod- ify the Development Agreement as set out in the First Amendment to Development Agreement; and Whereas, the City Council finds that it is in the interests of the City of Dubuque to approve the First Amendment to Development Agree- ment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the First Amendment to De- velopment Agreement between the City of Dubuque, Iowa and Rouse and Dean Foundry Building, LLC, a copy of which is attached hereto, is hereby approved. Section 2. That the Mayor is hereby author- ized and directed to execute the First Amend- ment to Development Agreement on behalf of the City of Dubuque and the City Clerk is au- thorized and directed to attest to her signature. Section 3. That the City Manager is author- ized to take such actions as are necessary to comply with the terms of the First Amendment to Development Agreement as herein ap- proved. Passed, approved, and adopted this 1st day of February 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 6. Additional Finance Accounting Intern Hours: City Manager recommended approval to increase the hours of the accounting interns by 543 hours annually. Upon motion the docu- ments were received, filed, and approved. 7. Signed Contract(s): Jule Transit Bus Camera System. Upon motion the documents were received and filed. 8. National Register of Historic Places Nom- ination for Metz Manufacturing Company: His- toric Preservation Commission recommended approval of the nomination of the Metz Manu- facturing Company for listing in the National Register of Historic Places. Upon motion the documents were received, filed, and approved. 9. 2020 Certified Local Governments An- nual Report: City Manager requested approval for the Mayor to execute the Calendar Year 2020 Certified Local Government (CLG) Annual Report. Upon motion the documents were re- ceived, filed and approved. 10. Alcohol and Tobacco License Applica- tions: City Manager recommended approval of annual liquor, beer, wine, and tobacco license applications as submitted. Upon motion the documents were received and filed, and Reso- lution No. 23-21 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 Licenses and Permits and Resolution No. 24- 21 Approving applications for retail cigarette / tobacco sales / nicotine / vapor permits, as re- quired by Iowa Code 453A.47A were adopted. RESOLUTION NO. 23-21 APPROVING APPLICATIONS FOR BEER, LIQUOR, AND/OR WINE PERMITS, AS RE- QUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LI- CENSE REGULATIONS, CHAPTER 2 LIQ- UOR CONTROL, ARTICLE B LIQUOR, 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 Book 151 Regular Session, February 1, 2021 29 BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Renewals Casey's General Store #3473, 1072 Cedar Cross Rd., Class E Liquor, Class B Wine, Class C Beer (Sunday) El Paisano Grocery Store, 1543 Central Ave., Class B Beer (Sunday) Fuji Asian Buffet, 806 Wacker Dr., Special Class C Liquor (Sunday) RMN Lounge LLC, 481 Locust St., Class C Liq- uor (Outdoor) (Sunday) Steeple Square, 101 E 15t" St., Class C Liquor (Outdoor) (Sunday) New Which? Sandwich, 210 W 1st St., Class C Liq- uor (Outdoor) Section 1. The City Clerk is hereby author- ized and directed to cause to be issued the noted permit types to the following applicants pending submission of the locally required doc- umentation. Passed, approved, and adopted this 1st day of February 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk RESOLUTION NO. 24-21 APPROVING APPLICATIONS FOR RETAIL CIGARETTE / TOBACCO SALES / NICOTINE / VAPOR PERMITS, AS REQUIRED BY IOWA CODE 453A.47A Whereas, applications for Cigarette / To- bacco Sales 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 other- wise 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: Business Name, Business Address Super Star Tobacco, 1620 John F. Kennedy Rd. Section 1. The City Clerk is hereby author- ized and directed to cause to be issued the fol- lowing named applicants and locations for cig- arette/tobacco sales permit. Passed, approved, and adopted this 1st day of February 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, set the public hearings as indicated, and direct the City Clerk to publish notice as prescribed by law. Se- conded by Sprank. Motion carried 7-0. 1. Proceedings to Set Public Hearing on the Issuance of Not to Exceed $1,600,000, Sewer Revenue Capital Loan Notes (Interim Financ- ing) State Revolving Funds, Planning and De- sign Loan Applications: City Manager recom- mended that a public hearing be set for Febru- ary 15, 2021, on the proposition of selling not to exceed $1,600,000 in Sewer Revenue Capital Loan Notes (Interim Financing) State Revolving Loan Fund Program, the proceeds of which will be used to pay planning and design costs for Auburn and Custer, Center Place Area, Maiden Lane Area, Hawthorne to Fengler Street "track Line" sewer, Catfish Creek Lift Station and Force Main, and Sanitary Asset Management Master Plan projects. Upon motion the docu- ments were received and filed and Resolution No. 25-21 Fixing date for a meeting on the au- thorization of loan and disbursement agree- ment(s) and the issuance of not to exceed $1,600,000 Sewer Revenue Capital Loan Notes of the City of Dubuque, Iowa, and provid- ing for publication of notice thereof was adopted setting a public hearing for a meeting to com- mence at 6:30 p.m. on February 15, 2021. RESOLUTION NO. 25-21 FIXING DATE FOR A MEETING ON THE AU- THORIZATION OF LOAN AND DISBURSE- MENT AGREEMENT(S) AND THE ISSUANCE OF NOT TO EXCEED $1,600,000 SEWER REVENUE CAPITAL LOAN NOTES OF THE CITY OF DUBUQUE, IOWA, AND PROVID- ING FOR PUBLICATION OF NOTICE THEREOF Whereas, it is deemed necessary and ad- visable that the City of Dubuque, Iowa should provide for the authorization of one or more Loan and Disbursement Agreement and the is- suance of Sewer Revenue Capital Loan Notes, in the total aggregate amount of Not to Exceed $1,600,000, as authorized by Sections 384.24A and 384.83, Code of Iowa, as amended, for the purpose of providing funds to pay costs as here- inafter described; and Whereas, it is proposed that the City fund its costs on an interim basis under Section 76.13 of the Code of Iowa, anticipating in part, the fu- ture receipt of the proceeds of the issuance of said Sewer Revenue Capital Loan Notes; and Whereas, the City has applied for loans through the Iowa Water Pollution Control Works Financing Program pursuant to which the Iowa Finance Authority has agreed to purchase the City's Notes and has requested that such Notes be issued as a single Note in a denomination equal to the total amount of the issue as author- ized by Chapter 384, Code of Iowa; and Whereas, the Loan and Disbursement Agreements and Note shall be payable solely and only out of the Net Revenues of the Munic- ipal Sewer System and shall be a first lien on the future Net Revenues of the Utility; and shall 30 Regular Session, February 1, 2021 Book 151 not be general obligations of the City or payable in any manner by taxation and the City shall be in no manner liable by reason of the failure of the Net Revenues to be sufficient for the pay- ment of the Loan and Disbursement Agreement and Note; and Whereas, before a Loan and Disbursement Agreement may be authorized and Sewer Rev- enue Capital Loan Notes issued to evidence the obligation of the City thereunder, it is necessary to comply with the provisions of the City Code of Iowa, as amended, 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 Loan and Dis- bursement Agreements and Notes and to re- ceive oral and/or written objections from any resident or property owner of the City to such action. NOW, THEREFORE, BE IT RESOLVED BY THE City Council OF the City of Dubuque, IOWA: Section 1. That this Council meet at 6:30 o'clock p.m., on the 15th day of February, 2021, for the purpose of taking action on the matter of the authorization of a Loan and Disbursement Agreement and the issuance of Not to Exceed $1,600,000 Sewer Revenue Capital Loan Notes to evidence the obligations of the City thereunder, the proceeds of which will be used to provide funds to pay the costs of acquisition, construction, reconstruction, extending, remod- eling, improving, repairing and equipping all or part of the Municipal Sewer System. 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, pub- lished 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 issuance of the Notes. Section 3. The notice of the proposed action shall be in substantially the [provided] form. Passed and approved this 1st day of Febru- ary 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 2. Request to Schedule Public Hearing on FY22 Annual Action Plan: City Manager recom- mended that the City Council set a public hear- ing, in conjunction with the Housing and Com- munity Development Department Budget Hear- ing on March 8, 2021, for the FY22 Annual Ac- tion Plan for the use of Community Develop- ment Block Grant funds. Upon motion the doc- uments were received and filed and Resolution No. 26-21 Setting a public hearing on the FY22 (Program Year 2021) Community Development Block Grant (CDBG) Annual Action Plan Budget was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on March 8, 2021. [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 op- tions. The City Council agenda can be ac- cessed at https://cityofdubuaue.novu- sagenda.com/AgendaPublic/ or by contacting the City Clerk's Office at 563-589-4100, ctvclerk(a-)cityofdubugue.org.] BOARDS/COMMISSIONS 1. Appointments were made to the following boards/commissions. i. Building Code Advisory and Appeals Board: Seven, 3-Year terms and five alternate, 3-Year terms through January 1, 2024. Special experience and training qualifications: One member must be a residential construction pro- fessional; One member must be a commercial construction professional; One member must be an electrical construction professional; One member must be a plumbing construction pro- fessional; One member must be a heating, ven- tilation, and air conditioning (HVAC) construc- tion professional; Two multidisciplinary repre- sentatives, which could be an architect, engi- neer, building designer, or general construction professional. Alternates: One alternate must be a residential construction professional; One al- ternate must be a commercial construction pro- fessional; One alternate must be an electrical construction professional; One alternate must be a plumbing construction professional; One alternate must be a heating, ventilation, and air conditioning (HVAC) construction professional. Applicants: (Note: all applicants qualify as a multidisciplinary representative in addition to the qualification listed by their name) Adam Brown, 686 S. Grandview Ave. (Qualifies as electrical construction professional or electrical construction professional alternate); Mitchell Haufe, 1233 Miller Rd. (Qualifies as electrical construction professional or electrical construc- tion professional alternate); Daniel McNamer, 2891 Northridge Dr. (Qualifies as plumbing con- struction professional or plumbing construction professional alternate); C. Blaine Schoenhard III, P.E., 1360 Missouri Ave. (Additional Appli- cant) (Qualifies as a multidisciplinary repre- sentative); Thomas Townsend, 1940 Amelia Dr. (Qualifies as electrical construction profes- sional or electrical construction professional al- ternate); Katrina Wilberding, 3715 Asbury Rd. (Qualifies as a multidisciplinary representative). Motion by Resnick to appoint Mr. Schoenhard Book 151 Regular Session, February 1, 2021 31 and Ms. Wilberding to the two multidisciplinary representative 3-year terms through January 1, 2024. Seconded by Cavanagh. Motion carried 7-0. Motion by Roussell to appoint Mr. Town- send to the electrical construction professional 3-year term through January 1, 2024. Se- conded by Jones. Motion carried 7-0. Motion by Sprank to appoint Mr. Brown to the electrical construction professional alternate 3-year term through January 1, 2024 and Mr. McNamer to the plumbing construction professional 3-year term through January 1, 2024. Seconded by Cavanagh. Motion carried 7-0. Motion by Res- nick to appoint Mr. Haufe to the electrical con- struction professional 3-year term through Jan- uary 1, 2024. Mayor Buol stated that Council al- ready made appointments to the electrical con- struction professional and electrical construc- tion professional alternate terms. The City Clerk confirmed there are only two electrical con- struction professional terms on this board. City Attorney Brumwell stated that Mr. Haufe could be appointed to the residential or commercial construction professional term based on his work experience. Mayor Buol requested the City Clerk contact Mr. Haufe to confirm if he would be interested in serving as the residential or commercial construction professional repre- sentative. The City Clerk confirmed that she will contact Mr. Haufe before the February 15, 2021 City Council meeting. Mayor Buol stated that Mr. Haufe's appointment will be made at the February 15, 2021 Council meeting based on his preference for either the residential or com- mercial construction professional term. Council Member Resnick inquired if he should amend his motion to appoint Mr. Haufe to one of the construction terms based on Mr. Haufe's re- sponse to the City Clerk regarding his prefer- ence. Mayor Buol requested Council postpone appointing Mr. Haufe until the February 15 Council meeting. Council Member Resnick withdrew his motion. ii. Housing Appeals and Mediation Board: Three, 3-Year terms through January 1, 2024 (Special experience and training qualifications: residents with an interest in fair and equitable housing with an emphasis on the balance of landlords, tenants, and other interested citi- zens.) Applicants: Mary Gotz, 1844 Bennett St. (Qualifies as a landlord); Jeff Lenhart, 1274 Lo- cust St. (Qualifies as a tenant); Gil Spence, 975 Grove Terr. (Qualifies as an interested citizen). Motion by Jones to appoint Ms. Gotz, Mr. Len - hart, and Mr. Spence to the three, 3-year terms through January 1, 2024. Seconded by Lynch. Motion carried 7-0. iii. Human Rights Commission: One, 3-Year term through January 1, 2022 (Vacant term of Breitfelder) and one, 3-Year term through Jan- uary 1, 2024 (Expiring term of Keeler). Appli- cants: Pamala Birch, 1550 Betterfield Rd.; Klanea Evans, 691 '/z Lorimer St. This commis- sion is subject to the State of Iowa Gender Bal- ance Law. 9 Commissioners total; currently 3 males /3 females/ 3 vacancies. Motion by Cavanagh to appoint Ms. Birch to the 3-year term through January 1, 2022 and Ms. Evans to the 3-year term through January 1, 2024. Se- conded by Resnick. Motion carried 7-0. iv. Long Range Planning Advisory Commis- sion: One, 3-Year term through July 1, 2022 (Vacant term of Winterwood) and one, 3-Year term through July 1, 2023 (Vacant term of Pero - ski). Applicants: Justin Gross, 1225 Kelly Ln.; Mark Ward, 2758 Tiffany Ct. Motion by Cavanagh to appoint Mr. Gross to the 3-year term through July 1, 2022 and Mr. Ward to the 3-year term through July 1, 2023. Seconded by Roussell. Motion carried 7-0. PUBLIC HEARINGS 1. Sale of City -Owned Property at 1293 Walnut: Proof of publication on notice of public hearing for City Council approval of a resolution approving the disposal of 1293 Walnut Street to Affordable Housing Network, Inc. for $1.00, and City Manager recommended approval. Motion by Resnick to receive and file the documents and adopt Resolution No. 27-21 Disposing of City interest in Real Property by Deed to Afford- able Housing Network, Inc. Seconded by Jones. Council Member Resnick stated that he conveyed a citizen request for additional infor- mation at the previous Council meeting and thanked City staff for the detailed information that they provided for this public hearing. Staff stated that no public input was received regard- ing this public hearing. Motion carried 7-0. 2. Resolution Approving North Grandview Estates Housing Urban Renewal Area: Proof of publication on notice of public hearing for City Council adoption of a resolution approving the Urban Renewal Plan for the North Grandview Estates Housing Urban Renewal Area, and City Manager recommended approval. Motion by Jones to receive and file the documents and adopt Resolution No. 28-21 Approving the Ur- ban Renewal Plan for the North Grandview Es- tates Housing Urban Renewal Area. Seconded by Resnick. Staff stated that no public input was received regarding this public hearing. Motion carried 7-0. 3. Ehrlich Properties, LLC Housing TIF Agreement (North Grandview Estates Housing Urban Renewal Area): Proof of publication on notice of public hearing for City Council ap- proval of a resolution approving a Housing TIF Agreement between the City of Dubuque and 32 Regular Session, February 1, 2021 Book 151 Ehrlich Properties, LLC for the development of property in the North Grandview Estates Hous- ing Urban Renewal Area, and City Attorney rec- ommending approval. Motion by Jones to re- ceive and file the documents and adopt Reso- lution No. 29-21 Approving an Agreement be- tween the City of Dubuque, Iowa, and Ehrlich Properties, LLC for the development of property in the North Grandview Estates Housing Urban Renewal Area. Seconded by Sprank. Respond- ing to a question from the City Council, City At- torney Brumwell stated there are 26 Lots to be developed, and additional Lots that will be a form of multi -family housing. Staff stated that no public input was received regarding this public hearing. Motion carried 7-0. PUBLIC INPUT Due to the COVID-19 pandemic and man- dates for social distancing, public input was made available through the GoToMeeting audio and chat function, City Council and City Clerk email accounts, and the City of Dubuque's Fa- cebook Live page. The City Clerk restated for the record that Action Item #1, COVID-19 Vac- cination Incentive for City of Dubuque Employ- ees, was removed from the agenda at the re- quest of the City Manager. Staff stated that no online public input was received. ACTION ITEMS 1. COVID-19 Vaccination Incentive for City of Dubuque Employees: This item was re- moved from the agenda at the request of the City Manager. 2. Fiscal Year 2021 Purchase of Services Grant Recommendations: The Community De- velopment Advisory Commission recom- mended the City Council approve the recom- mended funding for the Fiscal Year 2021 Pur- chase of Services Grant applications as follows: Convivium Urban Farmstead, Free Take n' Bake Meals ($2,000); Crescent Community Health Center, Reducing Oral Disparities through Dental Services ($19,500); Dubuque County Energy District, Rental Energy Effi- ciency ($8,500); Dubuque Dream Center, In Your Life Mentoring ($20,000); Riverview Cen- ter, Sexual Assault and Abuse Crisis Interven- tion and Response Program ($25,000); St. Mark Youth Enrichment, Social Emotional Con- nection During Crisis ($25,000). Motion by Cavanagh to receive and file the documents and adopt Resolution No. 30-21 Authorizing ex- ecution of Community Development Block Grant (CDBG) Purchase of Services Grant Agreements. Seconded by Jones. Motion car- ried 7-0. 3. Renaming Flexsteel Way to Simmons Way: City Manager recommended approval of a resolution renaming Flexsteel Way to Sim- mons Way. Motion by Roussell to receive and file the documents and adopt Resolution No. 31-21 Changing a street name on the Final Plat of Dubuque Industrial South First Addition in the City of Dubuque by renaming Flexsteel Way to Simmons Way. Seconded by Jones. Motion carried 7-0. 4. Tax Increment Ordinance for the North Grandview Estates Housing Urban Renewal Area: City Manager recommended approval of an ordinance creating a tax increment financing district for the North Grandview Estates Urban Renewal Area. 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 sus- pended. Seconded by Resnick. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 2-21 Providing that general property taxes levied and collected each year on all property located within the North Grandview Estates Housing Urban Re- newal Area, in the City of Dubuque, County of Dubuque, State of Iowa, by and for the benefit of the State of Iowa, City of Dubuque, County of Dubuque, Dubuque Community School District and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said City in connection with said North Grandview Estates Housing Urban Renewal Area. Seconded by Resnick. Motion carried 7- 0. OFFICIAL PUBLICATION ORDINANCE NO. 2-21 PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR ON ALL PROPERTY LOCATED WITHIN THE NORTH GRANDVIEW ESTATES HOUSING URBAN RENEWAL AREA, IN THE CITY OF DUBUQUE, COUNTY OF DUBU- QUE, STATE OF IOWA, BY AND FOR THE BENEFIT OF THE STATE OF IOWA, CITY OF DUBUQUE, COUNTY OF DUBUQUE, DUBU- QUE COMMUNITY SCHOOL DISTRICT AND OTHER TAXING DISTRICTS, BE PAID TO A SPECIAL FUND FOR PAYMENT OF PRINCI- PAL AND INTEREST ON LOANS, MONIES ADVANCED TO AND INDEBTEDNESS, IN- CLUDING BONDS ISSUED OR TO BE IS- SUED, INCURRED BY SAID CITY IN CON- NECTION WITH SAID NORTH GRANDVIEW ESTATES HOUSING URBAN RENEWAL AREA Book 151 Regular Session, February 1, 2021 33 Whereas, the City Council of the City of Dubuque, Iowa, after public notice and hearing as prescribed by law and pursuant to Resolu- tion No. 28-21 passed and approved on the 1 st day of February 2021, adopted an Urban Re- newal Plan (the "Urban Renewal Plan") for an urban renewal area known as the North Grandview Estates Housing Urban Renewal Area (the "Urban Renewal Area"); and Whereas, expenditures and indebtedness are anticipated to be incurred by the City of Dubuque, Iowa in the future to finance urban re- newal project activities carried out in further- ance of the objectives of the Urban Renewal Plan and the future needs for redevelopment within the Urban Renewal Area are such as to require the application of the incremental tax re- sources of the Urban Renewal Area; and Whereas, the City Council of the City of Dubuque, Iowa desires to provide for the divi- sion of revenue from taxation in the Urban Re- newal Area, as above described, in accordance with the provisions of Section 403.19 of the Code of Iowa, as amended, and the Urban Re- newal Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. For purposes of this Ordinance, the following terms have the following mean- ings: (a) Urban Renewal Project Area shall in- clude that area described as follows: Lot 1 of North Grandview Place; and Lot 1 of North Grandview Estates; and Lot A and Lots 1 thru 37, inclusive, of North Grandview Estates No. 2; and Lot A of Lot B of Sullivan's 2nd Addition; and All that part of the Right of Way of North Grandview Avenue lying south the of the Southerly right of way line of West 32nd Street and lying north of the easterly ex- tension of the south line of Lot 1 of North Grandview Place; and All that part of the right of way of West 32nd Street lying east of the northerly ex- tension of the west line of Lot 37 of North Grandview Estates No. 2 and lying south- west of the northerly extension of the east line of Lot A of Lot B of Sullivan's 2nd Ad- dition. All in the City of Dubuque, Iowa (b) Urban Renewal Plan shall mean the Urban Renewal Plan for the North Grandview Estates Housing Urban Re- newal Area, approved by Resolution No. 28-21 on February 1, 2021, as the same may be amended from time to time. Section 2. That the taxes levied on the tax- able property in the Urban Renewal Area, le- gally described in Section 1 hereof, by and for the benefit of the State of Iowa, City of Dubu- que, County of Dubuque, Dubuque Community School District, and all other taxing districts from and after the effective date of this Ordi- nance shall be divided as hereinafter in this Or- dinance provided. Section 3. That portion of the taxes which would be produced by the rate at which the tax is levied each year by or for each of the taxing districts upon the total sum of the assessed value of the taxable property in the Urban Re- newal Area, as shown on the assessment roll as of January 1, 2020, being January 1 of the calendar year preceding the first calendar year in which the City of Dubuque is expected to cer- tify to the County Auditor the amount of loans, advances, indebtedness, or bonds payable from the division of property tax revenue de- scribed herein, shall be allocated to and when collected be paid into the fund for the respective taxing district as taxes by or for the taxing dis- trict into which all other property taxes are paid. The taxes so determined shall be referred to herein as the "base period taxes" for such Ur- ban Renewal Area. Section 4. That portion of the taxes each year in excess of the base period taxes deter- mined for the Urban Renewal Area as provided in Section 3 of this Ordinance shall be allocated to and when collected be paid into a special tax increment fund of the City of Dubuque, Iowa hereby established, to pay the principal of and interest on loans, monies advanced to, indebt- edness, whether funded, refunded, assumed or otherwise, including bonds or obligations is- sued under the authority of Section 403.9 or 403.12 of the Code of Iowa, as amended, in- curred by the City of Dubuque, Iowa, to finance or refinance, in whole or in part, urban renewal projects undertaken within the Urban Renewal Area pursuant to the Urban Renewal Plan, ex- cept that (i) taxes for the regular and voter -ap- proved physical plant and equipment levy of a school district imposed pursuant to Iowa Code Section 298.2 and taxes for the instructional support program of a school district imposed pursuant to Iowa Code Section 257.19 (but in each case only to the extent required under Iowa Code Section 403.19(2)); (ii) taxes for the payment of bonds and interest of each taxing district; (iii) taxes imposed under Iowa Code Section 346.27(22) related to joint county -city buildings; and (iv) any other exceptions de- scribed in Section 403.19 shall be collected against all taxable property within the Urban Renewal Project Area without any limitation as hereinabove provided. Section 5. Unless or until the total assessed valuation of the taxable property in the Urban Renewal Project Area exceeds the total as- sessed value of the taxable property in the Ur- ban Renewal Area as shown by the assess- 34 Reqular Session, February 1, 2021 Book 151 ment rolls referred to in Section 3 of this Ordi- nance, all of the taxes levied and collected upon the taxable property in the Urban Renewal Area shall be paid into the funds for the respective taxing districts as taxes by or for said taxing dis- tricts in the same manner as all other property taxes. Section 6. At such time as the loans, ad- vances, indebtedness, bonds, and interest thereon of the City of Dubuque, Iowa referred to in Section 4 hereof have been paid, all monies thereafter received from taxes upon the taxable property in the Urban Renewal Area shall be paid into the funds for the respective taxing dis- tricts in the same manner as taxes on all other property. Section 7. All ordinances or parts of ordi- nances in conflict with the provisions of this Or- dinance are hereby repealed. The provisions of this Ordinance are intended and shall be con- strued so as to fully implement the division of taxes from taxable property in the Urban Re- newal Area under the provisions of Section 403.19 of the Code of Iowa. In the event that any provision of this Ordinance shall be deter- mined to be contrary to law it shall not affect other provisions or application of this Ordinance which shall at all times be construed to fully in- voke the provisions of Section 403.19 of the Code of Iowa with reference to the Urban Re- newal Area and the territory contained therein. Section 8. This Ordinance shall be in effect after its final passage, approval and publication as provided by law. Passed and approved this 1st day of Febru- ary 2021. /s/Roy D. Buol, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 5th day of February 2021. /s/Adrienne N. Breitfelder, City Clerk 5. Request for Work Session - Dream Cen- ter: City Manager requested the City Council schedule a work session on March 1, 2021 at 5:00 p.m. so Dubuque Dream Center Executive Director Robert Kimble can provide an update on the activities at the Dream Center. Motion by Cavanagh to receive and file the documents and schedule the work session as recom- mended. Seconded by Resnick. No schedule conflicts were expressed. Motion carried 7-0. 6. Request for Work Session - Fountain of Youth Strategic Plan: City Manager requested the City Council schedule a work session on March 1, 2021, at 5:45 p.m. for a presentation on the Fountain of Youth Strategic Plan. Motion by Roussell to receive and file the documents and schedule the work session as recom- mended. Seconded by Sprank. No schedule conflicts were expressed. Motion carried 7-0. COUNCIL MEMBER REPORTS Council Member Jones reported on the Ward 1 Primary Election taking place on Febru- ary 2nd and encouraged all registered Ward 1 voters to vote. Council Member Roussell reported on at- tending the Fountain of Youth Real Talk conver- sation last week. Mayor Buol reported on also participating in the Fountain of Youth Real Talk conversation last week. Mayor Buol requested citizens con- tinue to stay safe. There being no further business, Mayor Buol declared the meeting adjourned at 7:35 p.m. /s/Adrienne N. Breitfelder, City Clerk Book 151 Special Session, February 15, 2021 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 5:00 p.m. on February 15, 2021. Due to the COVID-19 pandemic and man- dates 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.citvofdubuque.org/me- dia, and streamed live on the City's Facebook page at www.facebook.com/cityofdubugue. Present: Mayor Buol; Council Members Cavanagh, Jones, Lynch, Resnick, Roussell, Sprank; City Manager Van Milligen, City Attor- ney Brumwell Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of conducting work sessions on the COVID-19 pandemic update and Travel Dubu- que update. WORK SESSIONS (1) 1. COVID-19 Pandemic Update City staff and network partners provided up- dates on the internal and community -facing re- sponses to the COVID-19 pandemic. • Community COVID-19 Update and Communication Response: Mary Rose Corrigan, Public Health Specialist and Ryan Feller, Self Sufficiency Coordina- tor • Greater Dubuque Development Corpo- ration Update: Rick Dickinson, Presi- dent/CEO • Community Foundation of Greater Dubuque Update: Jenna Manders, Di- rector of Strategic Relations The presenters responded to questions from the City Council following their presenta- tions. This work session concluded at 5:50 p.m. WORK SESSIONS (2) 2. Travel Dubuque Update Travel Dubuque President and CEO Keith Rahe presented a report from 3rd and 4th quarter of calendar year 2020. Topics included: • Travel Dubuque Mission • Travel Related Expenditures • Hotel/Motel Tax Records and Occu- pancy • Impact from COVID-19 35 • Marketing and Sales Efforts • Sports and Events • Guest Services • Community Engagement • Inclusivity • FY22 Budget Responding to a question from City Council regarding Travel Dubuque's efforts to promote Dubuque to residents, Mr. Rahe stated that Travel Dubuque has focused on promoting lo- cal opportunities for residents through social media. There being no further business, Mayor Buol declared the meeting adjourned at 6:22 p.m. /s/Adrienne N. Breitfelder, City Clerk 36 Regular Session, February 15, 2021 Book 151 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on February 15, 2021. Due to the COVID-19 pandemic and man- dates for social distancing, this meeting was conducted virtually and aired live on CityChan- nel Dubuque (Mediacom cable channels 8 and 117.2), streamed live on the City's website at www.cityofdubuque.org/media, and streamed live on the City's Facebook page at www.face- book.com/cityofdubugue. Present: Mayor Buol; Council Members Cavanagh, Jones, Lynch, Resnick, Roussell, Sprank; City Manager Van Milligen, City Attor- ney Brumwell. Mayor Buol read the call and stated this is a regular session of the City Council called for the purpose of conducting such business that may properly come before the City Council. PLEDGE OF ALLEGIANCE PROCLAMATION(S) 1. Captain Robert L. Martin Proclamation (February 2021) was accepted by Dawnelle Gordon, Gabrielle Martin, Dominique Martin, and R.R.S. Stewart on behalf of the Captain Robert L. Martin Commemoration Committee and the Dubuque Branch of the NAACP. 2. Dubuque Eagles Aerie and Auxiliary Month (February 2021) was accepted by Mayor Buol on behalf of the Dubuque Fraternal Order of Eagles. CONSENT ITEMS Motion by Resnick to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Sprank. Motion carried 7-0. 1. Minutes and Reports Submitted: City Council Proceedings of 2/1; Community Development Advisory Commission of 2/4; Housing Commis- sion of 2/1; Human Rights Commission of 1/11; Library Board of Trustees of 12/17; Library Board of Trustees Council Update #206 on 1/28; Zoning Advisory Commission of 2/3; Proof of Publication of City Council Proceedings of 1/19. Upon motion the documents were re- ceived and filed. 2. Notice of Claims and Suits: Jennifer Con- nolly for property damage; Dennis Day for prop- erty damage; Ashley Johnson for property dam- age; Biniv Maskay for personal/property dam- age. Upon motion the documents were re- ceived, filed, and referred to the City Attorney. 3. Disposition of Claims: Dennis Day for property damage and Biniv Maskay for per- sonal/property damage. Upon motion the docu- ments were received, filed, and concurred. 4. Approval of City Expenditures: City Man- ager recommended City Council approval for payment of City expenditures. Upon motion the documents were received and filed, and Reso- lution No. 32-21 Authorizing the Director of Fi- nance and Budget/City Treasurer to make cer- tain payments of bills that must be paid and ap- proved for payment in accordance with City pro- cedures was adopted. RESOLUTION NO. 32-21 AUTHORIZING THE DIRECTOR OF FI- NANCE AND BUDGET / CITY TREASURER TO MAKE CERTAIN PAYMENTS OF BILLS THAT MUST BE PAID AND APPROVED FOR PAYMENT IN ACCORDANCE WITH CITY PROCEDURES 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 De- partment personnel in accordance with gener- ally accepted internal control procedures and have been determined to have been requisi- tioned for a lawful municipal purpose; and Whereas, the Finance Director -City Treas- urer 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 pay- ment of certain expenditures known as Excep- tion 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 Treas- urer is hereby authorized to issue payment for goods and services provided for City purposes in response to the purchase orders and con- tracts issued in compliance with state and mu- Book 151 Regular Session, February 15, 2021 37 nicipal code requirements as requested by des- ignated requisitioning authorities in accordance with approved budget appropriations. Section 2. In accordance with Iowa Code Section 372.13(6), the City Clerk and Finance Director are hereby authorized and directed to provide the statement of receipts and disburse- ments to the City Council, and to publish a sum- mary thereof. Passed, approved, and adopted this 15th day of February 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 5. Preliminary Plat of Cedar Ridge Commer- cial Park: Zoning Advisory Commission recom- mended approval of the Preliminary Plat of Ce- dar Ridge Commercial Park. Upon motion the documents were received, filed, and approved. 6. Agreement between the City of Dubuque and ITC Midwest, LLC to operate an Electric Transmission System in the City of Dubuque: Senior Counsel recommended adoption of a resolution approving the Agreement authorizing ITC Midwest, LLC to operate an electric trans- mission system in the City of Dubuque until De- cember 31, 2021. Upon motion the documents were received and filed, and Resolution No. 33- 21 Approving an Agreement between the City of Dubuque and ITC Midwest, LLC to operate an Electric Transmission System in the City of Dubuque was adopted. RESOLUTION NO. 33-21 APPROVING AN AGREEMENT BETWEEN THE CITY OF DUBUQUE AND ITC MIDWEST, LLC TO OPERATE AN ELECTRIC TRANS- MISSION SYSTEM IN THE CITY OF DUBU- QUE Whereas, the City of Dubuque, Iowa (City) and ITC Midwest, LLC (ITC Midwest) have ten- tatively entered into an Agreement for the oper- ation of an electric transmission system in the City of Dubuque until such time as City and ITC Midwest finalize a franchise agreement to oper- ate the system; and Whereas, the City Council finds that it is in the best interests of the City of Dubuque to ap- prove the Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The attached Agreement is hereby approved. Section 2. The City Manager is authorized and directed to sign the Agreement on behalf of the City of Dubuque. Passed, approved, and adopted this 15t" day of February 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 7. Accepting a Special Warranty Deed from Roasting Solutions, LLC: City Manager recom- mended acceptance of a Special Warranty Deed from Roasting Solutions, LLC reconvey- ing the Expansion Property to the City of Dubu- que. Upon motion the documents were re- ceived and filed, and Resolution No. 34-21 Ac- cepting a Special Warranty Deed from Roasting Solutions, LLC was adopted. RESOLUTION NO. 34-21 ACCEPTING A SPECIAL WARRANTY DEED FROM ROASTING SOLUTIONS, LLC Whereas, the City of Dubuque and Roasting Solutions, LLC entered into a Development Agreement dated for reference purposes the 14th day of January 2016; and Whereas, the Development Agreement pro- vided for the purchase of property by Roasting Solutions, LLC, which included what is now le- gally described as follows: Lot 2 of Dubuque Industrial Center South Third Addition in the City of Dubu- que, Iowa intended by Roasting Solu- tions, LLC (the Expansion Property); and Whereas, the Development Agreement pro- vided Roasting Solutions, LLC the option of re - conveying the Expansion Property to the City of Dubuque; and Whereas, Roasting Solutions, LLC has ex- ercised the option to reconvey the Expansion Property with the attached Special Warranty Deed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: Section 1. The City of Dubuque hereby ac- cepts the Special Warranty Deed from Roasting Solutions, LLC. Section 2. The City Clerk is hereby author- ized and directed to record this Resolution and the Special Warranty Deed with the Dubuque County Recorder. Passed, approved, and adopted this 15th day of February 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 8. Seventh Amendment to Amended and Restated Development Agreement between the City of Dubuque, Iowa, and Dubuque Racing Association, LTD: City Manager recommended approval of the Seventh Amendment to Amended and Restated Development Agree- ment between the City of Dubuque, Iowa, and Dubuque Racing Association, LTD. Upon mo- tion the documents were received and filed, and Resolution No. 35-21 Approving the Seventh Amendment to Amended and Restated Lease Agreement between the Dubuque Racing As- sociation and the City of Dubuque was adopted. 38 Regular Session, February 15, 2021 Book 151 RESOLUTION NO. 35-21 APPROVING THE SEVENTH AMENDMENT TO AMENDED AND RESTATED LEASE AGREEMENT BETWEEN THE DUBUQUE RACING ASSOCIATION AND THE CITY OF DUBUQUE Whereas, the City of Dubuque (City) and the Dubuque Racing Association, LTD. (Associa- tion) are parties to an Amended and Restated Lease Agreement (the Lease Agreement) dated for reference purposes the 31 st day of March, 2004, as amended by the First Amend- ment dated the 4th day of April, 2005, the Sec- ond Amendment dated the 29th day of June, 2005, the Third Amendment dated the 2nd day of February, 2009, the Fourth Amendment dated the 7th day of June, 2010, the Fifth Amendment dated the 3rd day of November, 2014, and the Sixth Amendment dated the 16th day of February, 2015; and Whereas, City and Association now desire to amend the Lease Agreement as set forth in the attached Seventh Amendment; and Whereas, the City Council of the City of Dubuque finds that it is in the interests of the City of Dubuque to approve the Seventh Amendment attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: Section 1. The Seventh Amendment to Amended and Restated Lease Agreement at- tached hereto is hereby approved. Section 2. The Mayor is hereby authorized and directed to execute the Seventh Amend- ment on behalf of the City of Dubuque. Passed, approved, and adopted this 15th day of February 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 9. Digmann. vs. City of Dubuque Board of Review 2020 Property Tax Appeal: Senior Counsel provided a copy of the Stipulation of Settlement regarding a tax assessment appeal filed by Steven Digmann with the Property As- sessment Appeal Board. Upon motion the doc- uments were received and filed. 10. December 31, 2020, Quarterly Invest- ment Report: City Manager transmitted the De- cember 31, 2020, Quarterly Investment Report. Upon motion the documents were received and filed. 11. Certify 2020 Urban Revitalization Im- provements: City Manager recommended ap- proval of a resolution approving property tax abatement applications for 24 residential prop- erties filed in accordance with the Urban Revi- talization ordinance and authorizes transmittal to the City Assessor for processing of the tax abatement. Upon motion the documents were received and filed, and Resolution No. 36-21 Approving Property Tax Abatement Applica- tions submitted by property owners in recog- nized Urban Revitalization Areas and authoriz- ing the transmittal of the approved applications to the City Tax Assessor was adopted. RESOLUTION NO. 36-21 APPROVING PROPERTY TAX ABATEMENT APPLICATIONS SUBMITTED BY PROPERTY OWNERS IN RECOGNIZED URBAN REVI- TALIZATION AREAS AND AUTHORIZING THE TRANSMITTAL OF THE APPROVED APPLICATIONS TO THE CITY TAX ASSES- SOR Whereas, Chapter 404 of the Code of Iowa, the Urban Revitalization Act, permits cities to abate property taxes for improvements made to properties in designated revitalization areas; and Whereas the Urban Revitalization Act re- quires property owners to submit a written ap- plication for abatement by February 1, 2021, of the assessment year for which the abatement is first claimed, and further requires the City Council to approve all applications that meet the requirements of the adopted Urban Revital- ization Plan. Copies of the Urban Revitalization applications are forwarded to the City Assessor for review by March 1, 2021; and Whereas, pursuant to the requirements of said Urban Revitalization Act, the following Ur- ban Revitalization Areas were established: Dubuque Urban Revitalization Area, Alta Vista, Radford Road, 210 Jones Street, Kunkel and Associates, Lange Estates; and Whereas, the City of Dubuque, as of Febru- ary 1, 2021, received residential tax abatement applications from the following property owners in the aforementioned urban revitalization dis- tricts eligible for 100% abatement on improve- ments made for the time period indicated: District, Address, Property Owner, Type of Property, Exemption Period DBQ UR Area, 1004 Bluff St, Ken Resch (Pa- triot One Homes), Multifamily, 10-year DBQ UR Area, 900 Rhomberg Ave, Ken Re- sch (Patriot One Homes), Multifamily, 10-year DBQ UR Area, 696 University Ave, Ken Re- sch (Patriot One Homes), Residential, 10-year DBQ UR Area, 2140 Foye St, Peggy Otting, Residential, 10-year DBQ UR Area, 2550 Broadway St, Justin Heim, Residential, 10-year DBQ UR Area, 331 Kaufmann Ave, Kerry and Sonny Shelke, Residential, 10-year DBQ UR Area, 757/759 Caledonia, Kerry and Sonny Shelke, Multifamily, 10-year DBQ UR Area, 542 W 11th St, Kerry and Sonny Shelke, Multifamily, 10-year DBQ UR Area, 815 Wilson Ave, Kerry and Sonny Shelke, Multifamily, 10-year DBQ UR Area, 2403 Stafford St, Kerry and Book 151 Regular Session, February 15, 2021 39 Sonny Shelke, Multifamily, 10-year DBQ UR Area, 576 W Locust St, Kerry and Sonny Shelke, Residential, 10-year DBQ UR Area, 1172 White St, Rusk Land Co, Residential, 10-year DBQ UR Area, 681 W 5th St, Ron Hanten, Residential, 10-year DBQ UR Area, 2655 Fulton St, Tim Hitzler, Residential, 10-year DBQ UR Area, 518 E 22"d St, Jake Kohlhaas, Multifamily, 10-year DBQ UR Area, 180 W 15th St, 151h Street Apartments, Multifamily, 10-year DBQ UR Area, 245 W 15t St, Sam Murley, Commercial, 3-year DBQ UR Area, 355 Nevada St, Russel Vander Meulen, Residential, 10-year DBQ UR Area, 1575 Washington St, Terry Mozena, Residential, 10-year DBQ UR Area, 1577 Washington St, Terry Mozena, Residential, 10-year DBQ UR Area, 530/530.5 Rhomberg, Kevin and Roberta Potter-Kratz, Residential, 10-year DBQ UR Area, 778 W 8th St, K and L Leasing (Ken Lin), Residential, 10-year DBQ UR Area, 455 Almond St, Virtual Veloc- ity (Lloyd Singletary), Residential, 10-year DBQ UR Area, 704 Caledonia PI, FitzGerald Enterprises, Residential, 10-year 12. Competitive Revitalize Iowa's Sound Economy (RISE) Application for Road Improve- ments to the East Entrance to the Dubuque In- dustrial Center West on Chavenelle Road be- tween the Northwest Arterial and Radford Road: City Manager recommended approval of a resolution endorsing a $1,876,907 Revitalize Iowa's Sound Economy (RISE) grant applica- tion for road improvements to the east entrance to the Dubuque Industrial Center West on Cha- venelle Road. Upon motion the documents were received and filed, and Resolution No. 37- 21 Endorsing the submission of a Revitalize Io- wa's Sound Economy (RISE) application to the Iowa Department of Transportation for roadway improvements to the east entrance of the Dubu- que Industrial Center West on Chavenelle Road in the City of Dubuque was adopted. RESOLUTION NO. 37-21 ENDORSING THE SUBMISSION OF A REVI- TALIZE IOWA'S SOUND ECONOMY (RISE) APPLICATION TO THE IOWA DEPARTMENT OF TRANSPORTATION FOR ROADWAY IM- PROVEMENTS TO THE EAST ENTRANCE OF THE DUBUQUE INDUSTRIAL CENTER WEST ON CHAVENELLE ROAD IN THE CITY OF DUBUQUE Whereas, the City Council of the City of Dubuque acknowledges that economic devel- opment opportunities require adequate public infrastructure in order to retain and attract new job creating businesses and industries; and Whereas, the City Council has determined the Dubuque Industrial Center West requires public roadway improvements to accommodate existing businesses and to attract new job cre- ating businesses and industries; and Whereas, the Iowa Department of Trans- portation, through its Revitalize Iowa's Sound Economy (RISE) Competitive Project Funding, has monies available for the development of public roadways to support economic develop- ment opportunities; and Whereas, the City Council finds that it is in the interests of the City of Dubuque to apply for competitive funding in order to offset those cer- tain costs of roadway improvements to accom- modate existing businesses and to attract new job creating businesses and industries. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council of the City of Dubuque hereby endorses the application to the Iowa Department of Transportation for RISE funding to provide roadway improvements to the East Entrance of the Dubuque Industrial Center West. Section 2. That the City Council of the City of Dubuque hereby certifies that the roadway improvements will be dedicated to public use and will remain so dedicated to public use and that General Obligation Bond funds will be available to finance the City of Dubuque's por- tion of project costs. Section 3. That the City of Dubuque hereby assumes responsibility for ongoing mainte- nance of these roadway improvements and will ensures that the roadway will be adequately maintained in the future. Passed, approved, and adopted this 15th day of February 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 13. Valentine Park Community Garden Ap- proval: City Manager recommended approval to proceed with a community garden at Valentine Park with community volunteers taking the lead on the project. Upon motion the documents were received, filed, and approved. 14. Bee Branch Creek Greenway Featured in Landscape Architect and Specifier News Magazine: City Manager transmitted infor- mation on the Bee Branch Creek Greenway be- ing featured in the January 2021 edition of Landscape Architect and Specifier News Mag- azine. Upon motion the documents were re- ceived and filed. 15. Spahn and Rose Lumber Co. Property Radford Road Right of Way Plat and Dedica- tion: City Manager recommended approval of the Acquisition Plat of Lot A of Lot 2-1 of Wolff 40 Regular Session, February 15, 2021 Book 151 Place No. 2, in the City of Dubuque, Iowa, and acceptance of the dedication of said Lot for street right of way and public utilities purposes. Upon motion the documents were received and filed, and Resolution No. 38-21 Approving the Acquisition Plat of Lot A of Lot 2-1 of Wolff Place No. 2, in the City of Dubuque, Iowa was adopted. RESOLUTION NO. 38-21 APPROVING THE ACQUISITION PLAT OF LOT A OF LOT 2-1 OF WOLFF PLACE NO. 2, IN THE CITY OF DUBUQUE, IOWA Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, an Acquisition Plat dated February 2, 2021, pre- pared by IIW, P.C. describing Lot A of Lot 2-1 of Wolff Place No. 2, in the City of Dubuque, Iowa; and Whereas, said plat conforms to the laws and statutes pertaining thereto; and Whereas, upon said plat appears Lot A of Lot 2-1, which Spahn and Rose Lumber Co., by said plat have dedicated to the public forever; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the plat dated February 2, 2021, prepared by IIW P.C., 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 A of Lot 2-1 of Wolff Place No. 2, in the City of Dubuque, Iowa, for Right of Way (Radford Road) and pub- lic utilities purposes, as it appears on said Ac- quisition Plat, be and the same is hereby ac- cepted. 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 15"' day of February 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 16. Memo Recording Award of the 2021 As- phalt Overlay Curb Ramp Project 1: City Man- ager recommended that the award for the 2021 Asphalt Overlay Curb Ramp Project 1 be offi- cially recorded in the minutes of the City Coun- cil. Upon motion the documents were received, filed, and made a Matter of Record. 17. Memo Recording Award of the Multicul- tural Family Center Sidewalk Replacement Pro- ject: City Manager recommended that the award for the Multicultural Family Center Side- walk Replacement Project be officially recorded in the minutes of the City Council. Upon motion the documents were received, filed, and made a Matter of Record. 18. Chavenelle Road Hike Bike Trail Phase 1 Iowa DOT Project No. EDP-2100(695)--7Y-31 Acceptance of Public Improvement Project CIP 3602273: City Manager recommended ac- ceptance of the public improvement construc- tion contract for the Chavenelle Road Hike -Bike Trail — Phase 1 Project, as completed by Mid- west Concrete, Inc., in the final contract amount of $728,158.12, which is a 14% increase from the original contract amount of $638,840.15. Upon motion the documents were received and filed, and Resolution No. 39-21 Accepting the Chavenelle Road Hike -Bike Trail — Phase 1 Project Iowa DOT Project No. EDP- 2100(695)-7Y-31 and authorizing the pay- ment to the contractor was adopted. RESOLUTION NO. 39-21 ACCEPTING THE CHAVENELLE ROAD HIKE -BIKE TRAIL — PHASE 1 PROJECT IOWA DOT PROJECT NO. EDP-2100(695)- 7Y-31 AND AUTHORIZING THE PAYMENT TO THE CONTRACTOR Whereas, the public improvement contract for the Chavenelle Road Hike -Bike Trail - Phase 1 Project, Iowa DOT Project No. EDP- 2100(695)-7Y-31, (the Project) has been com- pleted by the Contractor, Midwest Concrete, Inc. (Contractor), the City Engineer has exam- ined the work and recommends that the Project be accepted; and Whereas, the final contract amount for the Project is $728,158.12; and Whereas, the Contractor has previously been paid $706,313.38, leaving a balance of $21,844.75; and Whereas, the City Council finds that the rec- ommendation 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 $21,844.75 as provided in Iowa Code chapter 573, and to pay such retainage in accordance with the provisions of Iowa Code chapter 573 or Iowa Code chapter 26.13. Passed, approved, and adopted this 15th day of February 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk Book 151 Regular Session, February 15, 2021 41 CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF CHAVENELLE ROAD HIKE -BIKE TRAIL — PHASE 1 PROJECT IOWA DOT PROJECT NO. EDP-2100(695)- 7Y-31 The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the Chavenelle Road Hike -Bike Trail - Phase 1 Project, Iowa DOT Project No. EDP- 2100(695)-7Y-31 has been performed in com- pliance with the terms of the Public Improve- ment Contract, and that the total cost of the completed work is $853,890.43. Dated this gth day of February 2021. /s/Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 9ch day of February 2021. /s/Adrienne N. Breitfelder, City Clerk 19. Acceptance of Dedication of Sanitary Easement across Jesse E. Kemp and Jessica P. Kemp Property at 3400 Nightengale Lane in Dubuque: City Manager recommended ac- ceptance of a dedication of sanitary easement from Jesse E. Kemp and Jessica P. Kemp for an E1 sewer pump station across property at 3400 Nightengale Lane. Upon motion the doc- uments were received and filed, and Resolution No. 40-21 Accepting the Dedication of Sanitary Easement through, under and across Part of Lot 1 of Julian's Hill, in the City of Dubuque, Iowa was adopted. RESOLUTION NO. 40-21 ACCEPTING THE DEDICATION OF SANI- TARY EASEMENT THROUGH, UNDER AND ACROSS PART OF LOT 1 OF JULIAN'S HILL, IN THE CITY OF DUBUQUE, IOWA Whereas, Jesse E. Kemp and Jessica P. Kemp have dedicated to the City of Dubuque, by the Plat of Survey of Julian's Hill recorded as Instrument Number 2021-00001758 in the Dubuque County Recorder's office, a Sanitary Easement through, over and across Part of Lot 1 of Julian's Hill, in the City of Dubuque, Iowa. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts, and consents to the dedication of Sanitary Easement for sanitary sewer utilities through, over and across Part of Lot 1 of Julian's Hill, in the City of Dubuque, Iowa from Jesse E. Kemp and Jessica P. Kemp, a copy of which is at- tached 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 151h day of February 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 20. Agreement with the U.S. Department of the Army for an Engineering Analysis on the Force Main Stabilization Project: City Manager recommended authorization to enter into an agreement with the U.S. Department of the Army in order for the U.S. Army Corps of Engi- neers to provide a planning and design analysis of the Force Main Stabilization Project. Upon motion the documents were received and filed, and Resolution No. 41-21 Authorizing the exe- cution of an Agreement with the Department of the Army to collaborate on stabilization and pro- tection of the Force Main along the Mississippi River was adopted. RESOLUTION NO.41-21 AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE DEPARTMENT OF THE ARMY TO COLLABORATE ON STABI- LIZATION AND PROTECTION OF THE FORCE MAIN ALONG THE MISSISSIPPI RIVER Whereas, the City recognizes the need to stabilize and protect the City's sanitary sewer force main that runs along the Mississippi River; and Whereas, the Continuing Authorities Pro- gram— Section 14 of the 1946 Flood Control Act authorizes the protection of the Forced Sewer Main for the City, Iowa; and Whereas, the Water Resources Develop- ment Act of 1986, Public Law 99-662, as amended (33 U.S.C. 2215(a)), specifies the cost -sharing requirements; and Whereas, the Department of the Army has provided an agreement to that would allow them to proceed with a planning and design analysis to identify and evaluate alternatives and a recommendation of a coordinated and implementable solution for the Force Main Sta- bilization Project; and Whereas, the Department of the Army and the City have the full authority and capability to perform in accordance with the terms of the agreement; and Whereas, it is the best interest of the City to enter into the agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Mayor is hereby authorized to sign the agreement and the Certification Re- garding Lobbying in the forms attached hereto. Section 2. The City Manager is hereby au- thorized to act as an authorized representative for the agreement and may execute any docu- ments required by the Agreement as the De- partment of the Army may reasonably request. 42 Regular Session, February 15, 2021 Book 151 Passed, approved, and adopted this 151' day of February 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 21. Acceptance of Water Main Improvement in the Right of Way Adjacent to Lot 1 and Lot 2 Third Union Addition in the City of Dubuque, Iowa, common address 821 - 877 Oak Street (Routley Property): City Manager recom- mended acceptance of the public improve- ments that the developer, Routley Construction, has recently completed in the right-of-way adja- cent to 821-877 Oak Street (Routley Property). Upon motion the documents were received and filed, and Resolution No. 42-21 Accepting Pub- lic Water Main Improvements in the Row Adja- cent to Lot 1 and Lot 2 Third Union Addition in the City of Dubuque, Iowa, Common Address 821 -887 Oak Street (Routley Property) was adopted. RESOLUTION NO. 42-21 ACCEPTING PUBLIC WATER MAIN IM- PROVEMENTS IN THE ROW ADJACENT TO LOT 1 AND LOT 2 THIRD UNION ADDITION IN THE CITY OF DUBUQUE, IOWA, COM- MON ADDRESS 821 - 887 OAK STREET (ROUTLEY PROPERTY) Whereas, pursuant to Water Construction Agreement dated July 24, 2020, a copy of which is attached hereto, certain public improvements including water main and appurtenances, were installed by Routley Construction; and Whereas, the improvements have been completed and the City Manager has examined the work and has filed a certificate stating that the same has been completed in accordance with the plans approved by the City Council and in conformance with City specifications and has recommended that the improvements be ac- cepted by the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said public improvements in the ROW adjacent to Lot 1 and Lot 2 Third Union Addition in the City of Dubu- que, Iowa, common address 821 — 877 Oak Street (Routley Property), be and the same is hereby accepted. Passed, approved, and adopted this 15"' day of February 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 22. Signed Contract(s): Asbury Road Fiber Optic Collaboration - Phase 2 Project; Chaplain Schmitt Island Fiber Option Collaboration Pro- ject. Upon motion the documents were received and filed. 23. Update of Mutual Aid Agreement with East Dubuque: City Manager recommended approval to update the Mutual Aid Agreement with the East Dubuque Fire Department to ad- dress fire and EMS responses. Upon motion the documents were received, filed, and ap- proved. 24. Alcohol License Applications: City Man- ager recommended approval of annual liquor, beer, and wine license applications as submit- ted. Upon motion the documents were received and filed, and Resolution No. 43-21 Approving applications for beer, liquor, and/or wine per- mits, as required by City of Dubuque Code of Ordinances Title 4 Business and License Reg- ulations, Chapter 2 Liquor Control, Article B Liq- uor, Beer and Wine Licenses and Permits was adopted. RESOLUTION NO. 43-21 APPROVING APPLICATIONS FOR BEER, LIQUOR, AND/OR WINE PERMITS, AS RE- QUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LI- CENSE REGULATIONS, CHAPTER 2 LIQ- UOR CONTROL, ARTICLE B LIQUOR, 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. Renewal Convivium Urban Farmstead, 2811 Jackson St., Class C Liquor (Outdoor) (Sunday) Dollar General Store #10074, 2400 Gateway Dr., Class B Beer, Class B Native Wine (Sun- day) Dollar General Store #6896, 605 W Locust St, Class B Beer, Class B Native Wine (Sunday) Dollar General Store #7289, 3250 Kennedy Cir Ste 8, Class B Beer, Class B Native Wine (Sunday) Dubuque Religious Center, 923 Main St., Class B Wine (Sunday) Dungeon, 302 Locust St., Class C Liquor (Sun- day) EZ Stop 1, 1101 Rhomberg Ave., Class E Liq- uor, Class B Wine, Class C Beer (Sunday) Gin Rickeys, 1447 Central Ave., Class C Liquor (Sunday) Hartig Drug Company #4, 2225 Central Ave., Class E Liquor, Class B Wine, Class C Beer (Sunday) Hy-Vee Market Cafe #3, 400 Locust St., Class C Liquor (Catering) (Sunday) Millwork Marketplace, 333 E. 10t' St., Class C Book 151 Regular Session, February 15, 2021 43 Liquor, Class B Wine (Catering) (Outdoor) (Sunday) Northside Bar, Inc., 2776 Jackson St., Class C Liquor (Outdoor) (Sunday) Pusateris, 2400 Central Ave., Class C Liquor (Sunday) The Richards House B & B, 1492 Locust St., Class B Native Wine (Living Qrt.) (Outdoor) (Sunday) Town Clock Inn, 799 Main St., Class C Liquor New Yardarm, 1201 Shiras Ave., Class C Liquor (Outdoor) (Sunday) NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The City Clerk is hereby author- ized and directed to cause to be issued the noted permit types to the following applicants pending submission of the locally required doc- umentation: Passed, approved, and adopted this 15th day of February 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk ITEMS SET FOR PUBLIC HEARING Motion by Jones to receive and file the doc- uments, adopt the resolutions, set the public hearings as indicated, and direct the City Clerk to publish notice as prescribed by law. Se- conded by Resnick. Motion carried 7-0. 1. Human Rights Commission Request for Commissioner Removal: Human Rights Com- mission requested City Council schedule a pub- lic hearing to remove Commissioner Ashley Re- gan from the Human Rights Commission pursu- ant to Title 8, Chapter 2, Section 8-2-6 of the Human Rights Ordinance. Upon motion the documents were received and filed, and Reso- lution No. 44 -21 Setting a Public Hearing on the intent to consider the removal of a commis- sioner from the Human Rights Commission was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on March 1, 2021. RESOLUTION NO. 44-21 SETTING A PUBLIC HEARING ON THE IN- TENT TO CONSIDER THE REMOVAL OF A COMMISSIONER FROM THE HUMAN RIGHTS COMMISSION Whereas, the City of Dubuque, Iowa Human Rights Commission is governed by Title 8 of the City of Dubuque Code of Ordinances; and Whereas, § 8-2-10 of the Code of Ordi- nances establishes the requirement for attend- ance at commission meetings as follows: 8-2-10: MEETINGS: D. Attendance: 1. In the event a commissioner has been ab- sent for three (3) or more consecutive meetings of the commission, without being excused by the chairperson, such absence will be grounds for the commission to recommend to the city council that the position be declared vacant and a replacement appointed. 2. Attendance must be entered upon the minutes of all meetings; and Whereas, the Human Rights Commission has recommended to the City Council that Ash- ley Regan be removed from the Commission for failure to comply with the attendance require- ments, such recommendation attached as Ex- hibit A; and Whereas, § 8-2-12 of the Code of Ordi- nances authorizes removal of a commissioner for cause upon written charges and after public hearing; and Whereas, the City Council desires to set the public hearing on the removal of Ashley Regan from the Human Rights Commission. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council intends to con- sider the removal of Ashley Regan from the Hu- man Rights Commission for noncompliance with the attendance requirement of the Code of Ordinances. Section 2. The City Clerk is hereby author- ized and directed to cause a notice to be mailed to Ashley Regan and published as prescribed by Iowa Code Section 362.3 of a public hearing on the City's intent to remove Ashley Regan from the Human Rights Commission, to be held virtually on the 11t day of March 2021 at 6:30 p.m. in Dubuque, Iowa. Passed, approved, and adopted this 15th day of February 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk [Due to the ongoing COVID-19 pandemic, the City Council will meet virtually through GoToMeeting. The official agenda will be posted on Friday prior to the meeting and will contain listening, viewing, and public input op- tions. The City Council agenda can be ac- cessed at https://citvofdubugue.novu- sagenda.com/AgendaPublic/ or by contacting the City Clerk's Office at 563-589-4100, ctyclerk(c�cityofdubug ue.org.] PUBLIC HEARINGS 1. Request to Rezone 7869 Commerce Park: Proof of publication on notice of public hearing to consider approval of a request from Kevin Oberbroeckling to rezone property lo- cated at 7869 Commerce Park from CS Com- mercial Service and Wholesale zoning district to C-3 General Commercial zoning district, and 44 Regular Session, February 15, 2021 Book 151 Zoning Advisory Commission recommended approval. Motion by Cavanagh to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be sus- pended. Seconded by Sprank. Planning Ser- vices Manager Wally Wernimont provide a staff report. Staff stated that no public input was re- ceived regarding this item. Motion carried 7-0. Motion by Cavanagh for final consideration and passage of Ordinance No. 3-21 Amending Title 16 of the City of Dubuque Code of Ordi- nances, Unified Development Code, by reclas- sifying hereinafter described property located at 7869 Commerce Park from CS Commercial Service and Wholesale District to C-3 General Commercial District. Seconded by Sprank. Mo- tion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 3-21 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI- FIED DEVELOPMENT CODE, BY RECLASSI- FYING HEREINAFTER DESCRIBED PROP- ERTY LOCATED AT 7869 COMMERCE PARK FROM CS COMMERCIAL SERVICE AND WHOLESALE DISTRICT TO C-3 GEN- ERAL COMMERCIAL DISTRICT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That Title 16 of the City of Dubu- que Code of Ordinances, Unified Development Code, is hereby amended by reclassifying the hereinafter —described property from CS Com- mercial Service and Wholesale District to C-3 General Commercial District, to wit: Lot 2 Blk 3 Westbrook Sub and to the cen- terline of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. That the foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This Ordinance shall take effect immediately upon publication as provided by law. Passed, approved, and adopted this 15"' day of February, 2021. /s/Roy D. Buol, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 19th day of February 2021. /s/Adrienne N. Breitfelder, City Clerk 2. Proceedings for Public Hearing on the Is- suance of Not to Exceed $1,600,000, Sewer Revenue Capital Loan Notes (Interim Financ- ing) State Revolving Funds, Planning and De- sign Loan Applications: Proof of publication on notice of public hearing to consider approval of the suggested proceedings for a public hearing on the of the issuance of not to exceed $1,600,000 in Sewer Revenue Capital Loan Notes (Interim Financing) State Revolving Loan Fund Program, the proceeds of which will be used to pay planning and design costs for Au- burn and Custer, Center Place Area, Maiden Lane Area, Hawthorne to Fengler Street "track Line" sewer, Catfish Creek Lift Station and Force Main, and Sanitary Asset Management Master Plan projects, and City Manager recom- mended approval. Motion by Jones to receive and file the documents and adopt Resolution No. 45-21 Instituting proceedings to take addi- tional action for the authorization of Loan and Disbursement Agreements and the issuance of not to exceed $1,600,000 Sewer Revenue Cap- ital Loan Notes; Resolution No. 46-21 Approv- ing and authorizing a form of Interim Loan and Disbursement Agreement by and between the City of Dubuque, Iowa, and the Iowa Finance Authority, and authorizing and providing for the issuance and securing the payment of $970,000 Sewer Revenue Capital Loan Notes Anticipation Project Note, Series 2021A, of the City of Dubuque, Iowa, under the provisions of the Code of Iowa, and providing for a method of payment of said Notes; Resolution No. 47-21 Approving and authorizing a form of Interim Loan and Disbursement Agreement by and be- tween the City of Dubuque, Iowa, and the Iowa Finance Authority, and authorizing and provid- ing for the issuance and securing the payment of $350,000 Sewer Revenue Capital Loan Notes Anticipation Project Note, Series 2021 B, of the City of Dubuque, Iowa, under the provi- sions of the Code of Iowa, and providing for a method of payment of said Notes; and Resolu- tion No. 48-21 Approving and authorizing a form of Interim Loan and Disbursement Agree- ment by and between the City of Dubuque, Iowa, and the Iowa Finance Authority, and au- thorizing and providing for the issuance and se- curing the payment of $160,000 Sewer Reve- nue Capital Loan Notes Anticipation Project Note, Series 2021 C, of the City of Dubuque, Iowa, under the provisions of the Code of Iowa, and providing for a method of payment of said Notes. Seconded by Resnick. Staff stated that no public input was received regarding this item. Motion carried 7-0. RESOLUTION NO.45-21 INSTITUTING PROCEEDINGS TO TAKE AD- DITIONAL ACTION FOR THE AUTHORIZA- TION OF LOAN AND DISBURSEMENT AGREEMENTS AND THE ISSUANCE OF NOT TO EXCEED $1,600,000 SEWER REVE- NUE CAPITAL LOAN NOTES Whereas, pursuant to notice published as required by law, this City Council has held a public meeting and hearing upon the proposal to institute proceedings for the authorization of Book 151 Regular Session, February 15, 2021 45 Loan and Disbursement Agreements by and between the City and the Iowa Finance Author- ity, and the issuance to the Iowa Finance Au- thority of Not to Exceed $1,600,000 Sewer Rev- enue Capital Loan Notes to evidence the obli- gations of the City under said Loan and Dis- bursement Agreements, for the purpose of pay- ing costs of acquisition, construction, recon- struction, extending, remodeling, improving, re- pairing and equipping all or part of the Municipal Sewer System, and has considered the extent of objections received from residents or prop- erty owners as to said proposal, and accord- ingly the following action is now considered to be in the best interests of the City and residents thereof: NOW, THEREFORE, BE IT RESOLVED BY THE City Council OF THE City of Dubuque, IOWA: Section 1. That this City Council does hereby institute proceedings and takes addi- tional action for the authorization of Loan and Disbursement Agreements by and between the City and the Iowa Finance Authority, and the is- suance to the Iowa Finance Authority in the manner required by law of Not to Exceed $1,600,000 Sewer Revenue Capital Loan Notes for the foregoing purpose. Section 2. That the Clerk, with the assis- tance of bond counsel, is hereby authorized and directed to proceed with the preparation of such documents and proceedings as shall be necessary to authorize the City's participation in the SRF Loan Program, to select a suitable date for final City Council authorization of the re- quired Loan and Disbursement Agreements and issuance of the Note(s) to evidence the City's obligations thereunder, and to take such other actions as the Clerk shall deem neces- sary to permit the completion of a loan on a ba- sis favorable to the City and acceptable to this Council. Passed and approved this 15t" day of Feb- ruary 2021. Roy D. Buol, Mayor /s/Jennifer M. Larson, Director of Finance and Budget Attest: Adrienne N. Breitfelder, City Clerk RESOLUTION NO. 46-21 APPROVING AND AUTHORIZING A FORM OF INTERIM LOAN AND DISBURSEMENT AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE AND THE IOWA FINANCE AUTHORITY, AND AUTHORIZING AND PROVIDING FOR THE ISSUANCE AND SE- CURING THE PAYMENT OF $970,000 SEWER REVENUE CAPITAL LOAN NOTES ANTICIPATION PROJECT NOTE, SERIES 2021A, OF THE CITY OF DUBUQUE, IOWA, UNDER THE PROVISIONS OF THE CODE OF IOWA, AND PROVIDING FOR A METHOD OF PAYMENT OF SAID NOTE Whereas, Issuer proposes to issue its Sewer Revenue Capital Loan Notes Anticipa- tion Project Note, Series 2021 A, to the extent of $970,000, for the purpose of defraying the costs of the Project hereinafter described; and it is deemed necessary and advisable and in the best interests of the City that a form of Interim Loan and Disbursement Agreement by and be- tween the City and the Iowa Finance Authority be approved and authorized; and Whereas, the notice of intention of Issuer to take action for the issuance of not to exceed $1,600,000 Sewer Revenue Capital Loan Notes has heretofore been duly published and no objections to such proposed action have been filed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IN THE COUNTY OF DUBUQUE, STATE OF IOWA: Section 1. Definitions. The following terms shall have the following meanings in this Reso- lution unless the text expressly or by necessary implication requires otherwise: ♦ "Additional Project Notes" shall mean any project notes or other obligations issued on a parity with the Note in accordance with the provisions of Section 11 hereof; ♦ "Agreement" shall mean an Interim Loan and Disbursement Agreement dated as of the Closing between and among the City and the Original Purchaser, relating to the Interim Loan made to the City un- der the Program; ♦ "City Clerk" shall mean the City Clerk, or such other officer of the successor Gov- erning Body as shall be charged with substantially the same duties and re- sponsibilities; ♦ "Closing" shall mean the date of delivery of the Note to the Original Purchaser and the funding of the Interim Loan; ♦ "Corporate Seal" shall mean the official seal of Issuer adopted by the Governing Body; ♦ "Fiscal Year" shall mean the twelve months' period beginning on July 1 of each year and ending on the last day of June of the following year, or any other consecutive twelve-month period adopted by the Governing Body or by law as the official accounting period of the System; provided, that the require- ments of a fiscal year as expressed in this Resolution shall exclude any pay- ment of principal or interest falling due on the first day of the fiscal year and in- clude any payment of principal or inter- est falling due on the first day of the suc- ceeding fiscal year; ♦ "Governing Body" shall mean the Council of the City, or its successor in function 46 Regular Session, February 15, 2021 Book 151 with respect to the operation and control (S&P) or "Aaa" by Moody's Investors of the System; Service Inc. (Moody's) issued by the ♦ "Interim Loan" shall mean the principal Federal National Mortgage Associa- amount allocated by the Original Pur- tion or the Federal Home Loan Mort - chaser and loaned to the City under the gage Corporation; Program, equal in amount to the princi- • U.S. dollar denominated deposit ac- pal amount of the Note; counts, federal funds and banker's ac- ♦ "Issuer" and "City" shall mean the City of ceptances with domestic commercial Dubuque, Iowa; banks which have a rating on their ♦ "Note" shall mean $970,000 Sewer Rev- short-term certificates of deposit on enue Capital Loan Notes Anticipation the date of purchase of "A-1" or "A-1+" Project Note, Series 2021A, authorized by S&P or "P-1" by Moody's and ma - to be issued by this Resolution; turing no more than 360 days after the ♦ "Original Purchaser" shall mean the Iowa date of purchase (ratings on holding Finance Authority, as the purchaser of companies are not considered as the the Note from Issuer at the time of its rating of the bank); original issuance; • commercial paper which is rated at the ♦ "Paying Agent" shall be the City Treas- time of purchase in the single highest urer, or such successor as may be ap- classification, "A-1+" by S&P or "P-1" proved by Issuer as provided herein and by Moody's and which matures not who shall carry out the duties prescribed more than 270 days after the date of herein as Issuer's agent to provide for purchase; the payment of principal of and interest • investments in a money market fund on the Notes as the same shall become rated "AAAm" or "AAAm-G" or better due; by S&P; ♦ "Permitted Investments" shall mean: pre -refunded Municipal Obligations, • direct obligations of (including obliga- defined as any bonds or other obliga- tions issued or held in book entry form tions of any state of the United States on the books of) the Department of the of America or of any agency, instru- Treasury of the United States of Amer- mentality or local governmental unit of ica; any such state which are not callable • cash (insured at all times by the Fed- at the option of the obligor prior to ma- eral Deposit Insurance Corporation or turity or as to which irrevocable in - otherwise collateralized with obliga- structions have been given by the ob- tions described in the above para- ligor to call on the date specified in the graph); notice; and (a) which are rated, based • obligations of any of the following fed- on an irrevocable escrow account or eral agencies which obligations repre- fund (the "escrow"), in the highest rat - sent full faith and credit of the United ing category of S&P or Moody's or any States of America, including: successors thereto; or (b)(i) which are - Export - Import Bank fully secured as to principal and inter- - Farm Credit System Financial As- est and redemption premium, if any, sistance Corporation by an escrow consisting only of cash - USDA - Rural Development or direct obligations of the Department - General Services Administration of the Treasury of the United States of - U.S. Maritime Administration America, which escrow may be ap- - Small Business Administration plied only to the payment of such grin- - Government National Mortgage cipal of and interest and redemption Association (GNMA) premium, if any, on such bonds or - U.S. Department of Housing and other obligations on the maturity date Urban Development (PHA's) or dates thereof or the specified re- - Federal Housing Administration demption date or dates pursuant to • repurchase agreements whose under- such irrevocable instructions, as ap- lying collateral consists of the invest- propriate; and (ii) which escrow is suf- ments set out above if the Issuer takes ficient, as verified by a nationally rec- delivery of the collateral either directly ognized independent certified public or through an authorized custodian. accountant, to pay principal of and in - Repurchase agreements do not in- terest and redemption premium, if any, clude reverse repurchase agree- on the bonds or other obligations de- ments; scribed in this paragraph on the ma - senior debt obligations rated "AAA" by turity date or dates specified in the ir- Standard and Poor's Corporation revocable instructions referred to above, as appropriate; Book 151 Regular Session, February 15, 2021 47 • tax exempt bonds as defined and per- mitted by section 148 of the Internal Revenue Code and applicable regula- tions and only if rated within the two highest classifications as established by at least one of the standard rating services approved by the superinten- dent of banking by rule adopted pursu- ant to chapter 17A Code of Iowa; • an investment contract rated within the two highest classifications as estab- lished by at least one of the standard rating services approved by the super- intendent of banking by rule adopted pursuant to chapter 17A Code of Iowa; and • Iowa Public Agency Investment Trust. ♦ "Program" shall mean the Iowa Water Pollution Control Works Financing Pro- gram undertaken by the Original Pur- chaser; ♦ "Project' shall mean the costs of acquisi- tion, construction, reconstruction, ex- tending, remodeling, improving, repair- ing and equipping of the System; ♦ "Project Costs" shall mean all engineering fees, archeological surveys, environ- mental studies, and fees related to a project plan preparation and submis- sion, and other expenses incidental thereto, and also including the costs of issuance of the Note; ♦ "Project Fund" shall mean the Project Fund established by Section 6 of this Resolution; ♦ 'Registrar" shall be the City Treasurer, or such successor as may be approved by Issuer as provided herein and who shall carry out the duties prescribed herein with respect to maintaining a register of the owners of the Note. Unless other- wise specified, the Registrar shall also act as Transfer Agent for the Note; ♦ "System" shall mean the municipal sewer utility of the Issuer and all properties of every nature hereinafter owned by the Issuer comprising part of or used as a part of the System, including all wastewater treatment facilities, sanitary sewers, force mains, pumping stations and all related property and improve- ments and extensions made by Issuer while the Note remains outstanding; all real and personal property; and all ap- purtenances, contracts, leases, fran- chises and other intangibles; ♦ "Treasurer" shall mean the Director of Fi- nance and Budget, or such other officer as shall succeed to the same duties and responsibilities with respect to the re- cording and payment of the Note issued hereunder. Section 2. Authority. The Agreement and the Note authorized by this Resolution shall be issued pursuant to Section 76.13 of the Code of Iowa, and in compliance with all applicable pro- visions of the Constitution and laws of the State of Iowa. The Agreement shall be substantially in the form attached to this Resolution and is authorized to be executed and issued on behalf of the Issuer by the Mayor and attested by the City Clerk. Section 3. Note Details, Execution, Re- demption and Registration. a. Note Details. The Note shall be desig- nated a Sewer Revenue Capital Loan Notes Anticipation Project Note, be dated the date of delivery, in the denomination of $1,000 or multiples thereof, and shall at the request of the Original Purchaser be initially issued as a single Note in the denomination of $970,000 and numbered R-1. The Note shall not bear interest (0%) and shall mature three years from issuance. The City Council hereby finds and determines that it is nec- essary and advisable to issue said Note pur- suant to Section 76.13 of the Code of Iowa, as authorized by the Agreement and this Resolution. b. Execution. The Note shall be executed by the manual or facsimile signature of the Mayor and attested by the manual or fac- simile 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 auto- mated clearing house system transfer to the registered owner of the Note. c. Redemption. The Note may be called for redemption by the Issuer and paid before maturity on any date, from any funds re- gardless of source, in whole or from time to time in part, in order of maturity and within an annual maturity by Lot. Notice of redemption shall be given by U.S. mail to the Original Purchaser (or any other registered owner of the Note). The terms of redemption shall be par, plus accrued interest to date of call. Fail- ure to give such notice by mail to any registered owner or any defect therein shall not affect the validity of any pro- ceedings for the redemption of the Note. The Note is also subject to mandatory redemption to the extent not fully drawn upon. d. Registration. The Note may be regis- tered as to principal and interest on the books of the Note Registrar in the name of the holder and such registration noted on the Note after which no transfer shall be valid until the making of an entry upon the 48 Regular Session, February 15, 2021 Book 151 books kept for the registration and transfer of ownership of the Note, and in no other way. The City Treasurer is hereby ap- pointed as Note Registrar under the terms of this Resolution. Registrar shall maintain the books of the Issuer for the registration of ownership of the Note for the payment of principal of and interest on the Note as pro- vided in this Resolution. The Note shall be negotiable as provided in Article 8 of the Uniform Commercial Code subject to the provisions for registration and transfer con- tained in the Note and in this Resolution. The ownership of any Note may be transferred only upon the Registration Books kept for the registration and trans- fer of the Note and only upon surrender thereof at the office of the Registrar to- gether with an assignment duly executed by the holder or his duly authorized attor- ney in fact in such form as shall be satis- factory to the Registrar, along with the ad- dress and social security number or fed- eral 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 Registra- tion Books the information pertaining to the registered owner required above. Upon the transfer of any such Note, a new fully registered Note, of any denomination or denominations permitted by this Reso- lution in aggregate principal amount equal to the unmatured and unredeemed princi- pal amount of such transferred fully regis- tered Note and bearing interest at the same rate and maturing on the same date or dates shall be delivered by the Regis- trar. In all cases of the transfer of the Note, the Registrar shall register, at the earliest practicable time, on the Registration Books, the Note, in accordance with the provisions of this Resolution. As to any Note, the person in whose name the ownership of the same shall be registered on the Registration Books of the Registrar shall be deemed and re- garded as the absolute owner thereof for all purposes, and payment of or on ac- count of the principal of any such Note and the premium, if any, and interest thereon shall be made only to or upon the order of the registered owner thereof or his legal representative. All such pay- ments shall be valid and effectual to sat- isfy and discharge the liability upon such Note, including the interest thereon, to the extent of the sum or sums so paid. A Note which has been redeemed shall not be reissued but shall be cancelled by the Registrar. A Note which is cancelled by the Registrar shall be destroyed and a Certificate of the destruction thereof shall be furnished promptly to the Issuer; pro- vided that if the Issuer shall so direct, the Registrar shall forward the cancelled Note to the Issuer. In the event any payment check, wire, or electronic transfer of funds 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 princi- pal of or interest on Notes shall have been made available to the Paying Agent for the benefit of the owner thereof, all liability of the Issuer to the owner thereof for such in- terest or payment of such Notes shall forthwith cease, terminate and be com- pletely discharged, and thereupon it shall be the duty of the Paying Agent to hold such funds, without liability for interest thereon, for the benefit of the owner of such Notes who shall thereafter be re- stricted exclusively to such funds for any claim of whatever nature on his part under this Resolution or on, or with respect to, such interest or Notes. The Paying Agent's obligation to hold such funds shall continue for a period equal to two years and six months following the date on which such interest or principal became due, whether at maturity, or at the date fixed for redemption thereof, or otherwise, at which time the Paying Agent shall sur- render any remaining funds so held to the Issuer, whereupon any claim under this Resolution by the Owners of such interest or Notes of whatever nature shall be made upon the Issuer. Section 4. Form of Note. The form of Note shall be substantially as [provided]: Passed and approved this 15th day of Feb- ruary 2021. Roy D. Buol, Mayor /s/Jennifer M. Larson, Director of Finance and Budget Attest: Adrienne N. Breitfelder, City Clerk RESOLUTION NO. 47-21 APPROVING AND AUTHORIZING A FORM OF INTERIM LOAN AND DISBURSEMENT AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE AND THE IOWA FINANCE AUTHORITY, AND AUTHORIZING AND PROVIDING FOR THE ISSUANCE AND SE- CURING THE PAYMENT OF $350,000 SEWER REVENUE CAPITAL LOAN NOTES ANTICIPATION PROJECT NOTE, SERIES Book 151 Regular Session, February 15, 2021 49 2021B, OF THE CITY OF DUBUQUE, IOWA, clude any payment of principal or in - UNDER THE PROVISIONS OF THE CODE OF terest falling due on the first day of the IOWA, AND PROVIDING FOR A METHOD OF fiscal year and include any payment of PAYMENT OF SAID NOTE principal or interest falling due on the Whereas, Issuer proposes to issue its first day of the succeeding fiscal year; Sewer Revenue Capital Loan Notes Anticipa- ♦ "Governing Body" shall mean the Coun- tion Project Note, Series 2021 B, to the extent of cil of the City, or its successor in func- $350,000, for the purpose of defraying the costs tion with respect to the operation and of the Project hereinafter described; and, it is control of the System; deemed necessary and advisable and in the ♦ "Interim Loan" shall mean the principal best interests of the City that a form of Interim amount allocated by the Original Pur- Loan and Disbursement Agreement by and be- chaser and loaned to the City under tween the City and the Iowa Finance Authority the Program, equal in amount to the be approved and authorized; and principal amount of the Note; Whereas, the notice of intention of Issuer to ♦ "Issuer" and "City" shall mean the City take action for the issuance of not to exceed of Dubuque, Iowa; $1,600,000 Sewer Revenue Capital Loan ♦ "Note" shall mean $350,000 Sewer Notes has heretofore been duly published and Revenue Capital Loan Notes Anticipa- no objections to such proposed action have tion Project Note, Series 2021 B, au - been filed. thorized to be issued by this Resolu- NOW, THEREFORE, BE IT RESOLVED tion; BY THE CITY COUNCIL OF THE CITY OF ♦ "Original Purchaser" shall mean the DUBUQUE, IN THE COUNTY OF DUBUQUE, Iowa Finance Authority, as the pur- STATE OF IOWA: chaser of the Note from Issuer at the Section 1. Definitions. The following terms time of its original issuance; shall have the following meanings in this Reso- ♦ "Paying Agent" shall be the City Treas- lution unless the text expressly or by necessary urer, or such successor as may be ap- implication requires otherwise: proved by Issuer as provided herein ♦ "Additional Project Notes" shall mean and who shall carry out the duties pre - any project notes or other obligations scribed herein as Issuer's agent to issued on a parity with the Note in ac- provide for the payment of principal of cordance with the provisions of Sec- and interest on the Notes as the same tion 11 hereof; shall become due; ♦ "Agreement" shall mean an Interim ♦ "Permitted Investments" shall mean: Loan and Disbursement Agreement • direct obligations of (including obliga- dated as of the Closing between and tions issued or held in book entry among the City and the Original Pur- form on the books of) the Depart - chaser, relating to the Interim Loan ment of the Treasury of the United made to the City under the Program; States of America; ♦ "City Clerk" shall mean the City Clerk, • cash (insured at all times by the Fed- or such other officer of the successor eral Deposit Insurance Corporation Governing Body as shall be charged or otherwise collateralized with obli- with substantially the same duties and gations described in the above para- responsibilities; graph); ♦ "Closing" shall mean the date of deliv- obligations of any of the following ery of the Note to the Original Pur- federal agencies which obligations chaser and the funding of the Interim represent full faith and credit of the Loan; United States of America, including: ♦ "Corporate Seal" shall mean the official - Export - Import Bank seal of Issuer adopted by the Govern- - Farm Credit System Financial ing Body; Assistance Corporation ♦ "Fiscal Year" shall mean the twelve - USDA - Rural Development months' period beginning on July 1 of - General Services Administration each year and ending on the last day - U.S. Maritime Administration of June of the following year, or any - Small Business Administration other consecutive twelve-month pe- - Government National Mortgage riod adopted by the Governing Body or Association (GNMA) by law as the official accounting period - U.S. Department of Housing and of the System; provided, that the re- Urban Development (PHA's) quirements of a fiscal year as ex- - Federal Housing Administration pressed in this Resolution shall ex- repurchase agreements whose un- 50 Regular Session, February 15, 2021 Book 151 derlying collateral consists of the in- dates pursuant to such irrevocable vestments set out above if the Issuer instructions, as appropriate; and (ii) takes delivery of the collateral either which escrow is sufficient, as verified directly or through an authorized by a nationally recognized inde- custodian. Repurchase agreements pendent certified public accountant, do not include reverse repurchase to pay principal of and interest and agreements; redemption premium, if any, on the • senior debt obligations rated "AAA" bonds or other obligations described by Standard and Poor's Corporation in this paragraph on the maturity (S&P) or "Aaa" by Moody's Investors date or dates specified in the irrevo- Service Inc. (Moody's) issued by the cable instructions referred to above, Federal National Mortgage Associa- as appropriate; tion or the Federal Home Loan Mort- tax exempt bonds as defined and gage Corporation; permitted by section 148 of the Inter- • U.S. dollar denominated deposit ac- nal Revenue Code and applicable counts, federal funds and banker's regulations and only if rated within acceptances with domestic commer- the two highest classifications as es- cial banks which have a rating on tablished by at least one of the their short-term certificates of de- standard rating services approved posit on the date of purchase of "A- by the superintendent of banking by 1" or "A-1+" by S&P or "P-1" by rule adopted pursuant to chapter Moody's and maturing no more than 17A Code of Iowa; 360 days after the date of purchase • an investment contract rated within (ratings on holding companies are the two highest classifications as es - not considered as the rating of the tablished by at least one of the bank); standard rating services approved • commercial paper which is rated at by the superintendent of banking by the time of purchase in the single rule adopted pursuant to chapter highest classification, "A-1+" by S&P 17A Code of Iowa; and or "P-1" by Moody's and which ma- Iowa Public Agency Investment tures not more than 270 days after Trust. the date of purchase; ♦ "Program" shall mean the Iowa Water • investments in a money market fund Pollution Control Works Financing rated "AAAm" or "AAAm-G" or better Program undertaken by the Original by S&P; Purchaser; • pre -refunded Municipal Obligations, ♦ "Project" shall mean the costs of acqui- defined as any bonds or other obli- sition, construction, reconstruction, gations of any state of the United extending, remodeling, improving, re - States of America or of any agency, pairing and equipping of the System; instrumentality or local governmen- ♦ "Project Costs" shall mean all engineer- tal unit of any such state which are ing fees, archeological surveys, envi- not callable at the option of the obli- ronmental studies, and fees related to gor prior to maturity or as to which a project plan preparation and submis- irrevocable instructions have been sion, and other expenses incidental given by the obligor to call on the thereto, and also including the costs of date specified in the notice; and (a) issuance of the Note; which are rated, based on an irrevo- ♦ "Project Fund" shall mean the Project cable escrow account or fund (the Fund established by Section 6 of this "escrow"), in the highest rating cate- Resolution; gory of S&P or Moody's or any suc- ♦ "Registrar" shall be the City Treasurer, cessors thereto; or (b)(i) which are or such successor as may be ap- fully secured as to principal and in- proved by Issuer as provided herein terest and redemption premium, if and who shall carry out the duties pre - any, by an escrow consisting only of scribed herein with respect to main - cash or direct obligations of the De- taining a register of the owners of the partment of the Treasury of the Note. Unless otherwise specified, the United States of America, which es- Registrar shall also act as Transfer crow may be applied only to the pay- Agent for the Note; ment of such principal of and interest ♦ "System" shall mean the municipal and redemption premium, if any, on sewer utility of the Issuer and all prop - such bonds or other obligations on erties of every nature hereinafter the maturity date or dates thereof or owned by the Issuer comprising part of the specified redemption date or Book 151 Regular Session, February 15, 2021 51 or used as a part of the System, in- Notice of redemption shall be given by cluding all wastewater treatment facil- U.S. mail to the Original Purchaser (or ities, sanitary sewers, force mains, any other registered owner of the Note). pumping stations and all related prop- The terms of redemption shall be par, erty and improvements and exten- plus accrued interest to date of call. Fail- sions made by Issuer while the Note ure to give such notice by mail to any remains outstanding; all real and per- registered owner or any defect therein sonal property; and all appurtenances, shall not affect the validity of any pro - contracts, leases, franchises and ceedings for the redemption of the Note. other intangibles; The Note is also subject to mandatory ♦ "Treasurer" shall mean the Director of redemption to the extent not fully drawn Finance and Budget, or such other of- upon. ficer as shall succeed to the same du- d. Registration. The Note may be regis- ties and responsibilities with respect to tered as to principal and interest on the the recording and payment of the Note books of the Note Registrar in the name of issued hereunder. the holder and such registration noted on Section 2. Authority. The Agreement and the Note after which no transfer shall be the Note authorized by this Resolution shall be valid until the making of an entry upon the issued pursuant to Section 76.13 of the Code of books kept for the registration and transfer Iowa, and in compliance with all applicable pro- of ownership of the Note, and in no other visions of the Constitution and laws of the State way. The City Treasurer is hereby ap- of Iowa. The Agreement shall be substantially pointed as Note Registrar under the terms in the form attached to this Resolution and is of this Resolution. Registrar shall maintain authorized to be executed and issued on behalf the books of the Issuer for the registration of the Issuer by the Mayor and attested by the of ownership of the Note for the payment City Clerk. of principal of and interest on the Note as Section 3. Note Details, Execution, Re- provided in this Resolution. The Note shall demption and Registration. be negotiable as provided in Article 8 of a. Note Details. The Note shall be des- the Uniform Commercial Code subject to ignated a Sewer Revenue Capital Loan the provisions for registration and transfer Notes Anticipation Project Note, be dated contained in the Note and in this Resolu- the date of delivery, in the denomination tion. of $1,000 or multiples thereof, and shall at The ownership of any Note may be the request of the Original Purchaser be transferred only upon the Registration initially issued as a single Note in the de- Books kept for the registration and nomination of $350,000 and numbered R- transfer of the Note and only upon sur- 1. The Note shall not bear interest (0%) render thereof at the office of the Regis - and shall mature three years from issu- trar together with an assignment duly ance. The City Council hereby finds and executed by the holder or his duly au - determines that it is necessary and advis- thorized attorney in fact in such form as able to issue said Note pursuant to Sec- shall be satisfactory to the Registrar, tion 76.13 of the Code of Iowa, as author- along with the address and social secu- ized by the Agreement and this Resolu- rity number or federal employer identifi- tion. cation number of such transferee (or, if b. Execution. The Note shall be exe- registration is to be made in the name of cuted by the manual or facsimile signature multiple individuals, of all such transfer - of the Mayor and attested by the manual ees). In the event that the address of the or facsimile signature of the Clerk, and im- registered owner of a Note (other than a pressed or imprinted with the seal of the registered owner which is the nominee City and shall be fully registered as to both of the broker or dealer in question) is principal and interest as provided in this that of a broker or dealer, there must be Resolution; principal, interest and pre- disclosed on the Registration Books the mium, if any, shall be payable at the office information pertaining to the registered of the Paying Agent by mailing of a check, owner required above. Upon the trans - wire transfer or automated clearing house fer of any such Note, a new fully regis- system transfer to the registered owner of tered Note, of any denomination or de - the Note. nominations permitted by this Resolu- c. Redemption. The Note may be called tion in aggregate principal amount equal for redemption by the Issuer and paid be- to the unmatured and unredeemed prin- fore maturity on any date, from any funds cipal amount of such transferred fully regardless of source, in whole or from registered Note and bearing interest at time to time in part, in order of maturity the same rate and maturing on the same and within an annual maturity by Lot. date or dates shall be delivered by the 52 Regular Session, February 15, 2021 Book 151 Registrar. such interest or Notes of whatever na- In all cases of the transfer of the Note, ture shall be made upon the Issuer. the Registrar shall register, at the earli- Section 4. Form of Note. The form of Note est practicable time, on the Registration shall be substantially as [provided]: Books, the Note, in accordance with the Passed and approved this 15th day of Feb - provisions of this Resolution. ruary 2021. As to any Note, the person in whose Roy D. Buol, Mayor name the ownership of the same shall Jennifer M. Larson, Director of Finance and be registered on the Registration Books Budget of the Registrar shall be deemed and re- Attest: Adrienne N. Breitfelder, City Clerk garded as the absolute owner thereof for all purposes, and payment of or on ac- RESOLUTION NO. 48-21 count of the principal of any such Note APPROVING AND AUTHORIZING A FORM and the premium, if any, and interest OF INTERIM LOAN AND DISBURSEMENT thereon shall be made only to or upon AGREEMENT BY AND BETWEEN THE CITY the order of the registered owner thereof OF DUBUQUE AND THE IOWA FINANCE or his legal representative. All such pay- AUTHORITY, AND AUTHORIZING AND ments shall be valid and effectual to sat- PROVIDING FOR THE ISSUANCE AND SE- isfy and discharge the liability upon such CURING THE PAYMENT OF $160,000 Note, including the interest thereon, to SEWER REVENUE CAPITAL LOAN NOTES the extent of the sum or sums so paid. ANTICIPATION PROJECT NOTE, SERIES A Note which has been redeemed 2021 C, OF THE CITY OF DUBUQUE, IOWA, shall not be reissued but shall be can- UNDER THE PROVISIONS OF THE CODE OF celled by the Registrar. A Note which is IOWA, AND PROVIDING FOR A METHOD OF cancelled by the Registrar shall be de- PAYMENT OF SAID NOTE stroyed and a Certificate of the destruc- Whereas, Issuer proposes to issue its tion thereof shall be furnished promptly Sewer Revenue Capital Loan Notes Anticipa- to the Issuer; provided that if the Issuer tion Project Note, Series 2021 C, to the extent of shall so direct, the Registrar shall for- $160,000, for the purpose of defraying the costs ward the cancelled Note to the Issuer. of the Project hereinafter described; and, it is In the event any payment check, wire, deemed necessary and advisable and in the or electronic transfer of funds represent- best interests of the City that a form of Interim ing payment of principal of or interest on Loan and Disbursement Agreement by and be - the Notes is returned to the Paying tween the City and the Iowa Finance Authority Agent or if any note is not presented for be approved and authorized; and payment of principal at the maturity or Whereas, the notice of intention of Issuer to redemption date, if funds sufficient to take action for the issuance of not to exceed pay such principal of or interest on $1,600,000 Sewer Revenue Capital Loan Notes shall have been made available to Notes has heretofore been duly published and the Paying Agent for the benefit of the no objections to such proposed action have owner thereof, all liability of the Issuer to been filed. the owner thereof for such interest or NOW, THEREFORE, BE IT RESOLVED payment of such Notes shall forthwith BY THE CITY COUNCIL OF THE CITY OF cease, terminate and be completely dis- DUBUQUE, IN THE COUNTY OF DUBUQUE, charged, and thereupon it shall be the STATE OF IOWA: duty of the Paying Agent to hold such Section 1. Definitions. The following terms funds, without liability for interest shall have the following meanings in this Reso- thereon, for the benefit of the owner of lution unless the text expressly or by necessary such Notes who shall thereafter be re- implication requires otherwise: stricted exclusively to such funds for any ♦ "Additional Project Notes" shall mean claim of whatever nature on his part un- any project notes or other obligations der this Resolution or on, or with respect issued on a parity with the Note in ac- to, such interest or Notes. The Paying cordance with the provisions of Sec - Agent's obligation to hold such funds tion 11 hereof; shall continue for a period equal to two ♦ "Agreement" shall mean an Interim years and six months following the date Loan and Disbursement Agreement on which such interest or principal be- dated as of the Closing between and came due, whether at maturity, or at the among the City and the Original Pur- date fixed for redemption thereof, or oth- chaser, relating to the Interim Loan erwise, at which time the Paying Agent made to the City under the Program; shall surrender any remaining funds so ♦ "City Clerk" shall mean the City Clerk, held to the Issuer, whereupon any claim or such other officer of the successor under this Resolution by the Owners of Book 151 Regular Session, February 15, 2021 53 Governing Body as shall be charged with substantially the same duties and responsibilities; ♦ "Closing" shall mean the date of deliv- ery of the Note to the Original Pur- chaser and the funding of the Interim Loan; ♦ "Corporate Seal" shall mean the official seal of Issuer adopted by the Govern- ing Body; ♦ "Fiscal Year" shall mean the twelve months' period beginning on July 1 of each year and ending on the last day of June of the following year, or any other consecutive twelve-month pe- riod adopted by the Governing Body or by law as the official accounting period of the System; provided, that the re- quirements of a fiscal year as ex- pressed in this Resolution shall ex- clude any payment of principal or in- terest falling due on the first day of the fiscal year and include any payment of principal or interest falling due on the first day of the succeeding fiscal year; ♦ "Governing Body" shall mean the Coun- cil of the City, or its successor in func- tion with respect to the operation and control of the System; ♦ "Interim Loan" shall mean the principal amount allocated by the Original Pur- chaser and loaned to the City under the Program, equal in amount to the principal amount of the Note; ♦ "Issuer" and "City" shall mean the City of Dubuque, Iowa; ♦ "Note" shall mean $160,000 Sewer Revenue Capital Loan Notes Anticipa- tion Project Note, Series 2021 C, au- thorized to be issued by this Resolu- tion; ♦ "Original Purchaser" shall mean the Iowa Finance Authority, as the pur- chaser of the Note from Issuer at the time of its original issuance; ♦ "Paying Agent" shall be the City Treas- urer, or such successor as may be ap- proved by Issuer as provided herein and who shall carry out the duties pre- scribed herein as Issuer's agent to provide for the payment of principal of and interest on the Notes as the same shall become due; ♦ "Permitted Investments" shall mean: • direct obligations of (including obliga- tions issued or held in book entry form on the books of) the Department of the Treasury of the United States of Amer- ica; • cash (insured at all times by the Fed- eral Deposit Insurance Corporation or otherwise collateralized with obliga- tions described in the above para- graph); • obligations of any of the following fed- eral agencies which obligations repre- sent full faith and credit of the United States of America, including: - Export - Import Bank - Farm Credit System Financial As- sistance Corporation - USDA - Rural Development - General Services Administration - U.S. Maritime Administration - Small Business Administration - Government National Mortgage Association (GNMA) - U.S. Department of Housing and Urban Development (PHA's) - Federal Housing Administration • repurchase agreements whose under- lying collateral consists of the invest- ments set out above if the Issuer takes delivery of the collateral either directly or through an authorized custodian. Repurchase agreements do not in- clude reverse repurchase agree- ments; • senior debt obligations rated "AAA" by Standard and Poor's Corporation (S&P) or "Aaa" by Moody's Investors Service Inc. (Moody's) issued by the Federal National Mortgage Associa- tion or the Federal Home Loan Mort- gage Corporation; • U.S. dollar denominated deposit ac- counts, federal funds and banker's ac- ceptances with domestic commercial banks which have a rating on their short-term certificates of deposit on the date of purchase of "A-1" or "A-1+" by S&P or "P-1" by Moody's and ma- turing no more than 360 days after the date of purchase (ratings on holding companies are not considered as the rating of the bank); • commercial paper which is rated at the time of purchase in the single highest classification, "A-1+" by S&P or "P-1" by Moody's and which matures not more than 270 days after the date of purchase; • investments in a money market fund rated "AAAm" or "AAAm-G" or better by S&P; • pre -refunded Municipal Obligations, defined as any bonds or other obliga- tions of any state of the United States of America or of any agency, instru- mentality or local governmental unit of any such state which are not callable at the option of the obligor prior to ma- turity or as to which irrevocable in- 54 Regular Session, February 15, 2021 Book 151 structions have been given by the ob- ♦ "Project Fund" shall mean the Project ligor to call on the date specified in the Fund established by Section 6 of this notice; and (a) which are rated, based Resolution; on an irrevocable escrow account or ♦ "Registrar" shall be the City Treasurer, fund (the "escrow"), in the highest rat- or such successor as may be ap- ing category of S&P or Moody's or any proved by Issuer as provided herein successors thereto; or (b)(i) which are and who shall carry out the duties pre - fully secured as to principal and inter- scribed herein with respect to main- est and redemption premium, if any, taining a register of the owners of the by an escrow consisting only of cash Note. Unless otherwise specified, the or direct obligations of the Department Registrar shall also act as Transfer of the Treasury of the United States of Agent for the Note; America, which escrow may be ap- ♦ "System" shall mean the municipal plied only to the payment of such prin- sewer utility of the Issuer and all prop- cipal of and interest and redemption erties of every nature hereinafter premium, if any, on such bonds or owned by the Issuer comprising part of other obligations on the maturity date or used as a part of the System, in - or dates thereof or the specified re- cluding all wastewater treatment facil- demption date or dates pursuant to ities, sanitary sewers, force mains, such irrevocable instructions, as ap- pumping stations and all related prop- propriate; and (ii) which escrow is suf- erty and improvements and exten- ficient, as verified by a nationally rec- sions made by Issuer while the Note ognized independent certified public remains outstanding; all real and per - accountant, to pay principal of and in- sonal property; and all appurtenances, terest and redemption premium, if any, contracts, leases, franchises and on the bonds or other obligations de- other intangibles; scribed in this paragraph on the ma- ♦ "Treasurer" shall mean the Director of turity date or dates specified in the ir- Finance and Budget, or such other of - revocable instructions referred to ficer as shall succeed to the same du - above, as appropriate; ties and responsibilities with respect to • tax exempt bonds as defined and per- the recording and payment of the Note mitted by section 148 of the Internal issued hereunder. Revenue Code and applicable regula- Section 2. Authority. The Agreement and tions and only if rated within the two the Note authorized by this Resolution shall be highest classifications as established issued pursuant to Section 76.13 of the Code of by at least one of the standard rating Iowa, and in compliance with all applicable pro - services approved by the superinten- visions of the Constitution and laws of the State dent of banking by rule adopted pursu- of Iowa. The Agreement shall be substantially ant to chapter 17A Code of Iowa; in the form attached to this Resolution and is • an investment contract rated within the authorized to be executed and issued on behalf two highest classifications as estab- of the Issuer by the Mayor and attested by the lished by at least one of the standard City Clerk. rating services approved by the super- Section 3. Note Details, Execution, Re- intendent of banking by rule adopted demption and Registration. pursuant to chapter 17A Code of Iowa; a. Note Details. The Note shall be des - and ignated a Sewer Revenue Capital Loan • Iowa Public Agency Investment Trust. Notes Anticipation Project Note, be dated "Program" shall mean the Iowa Water the date of delivery, in the denomination Pollution Control Works Financing of $1,000 or multiples thereof, and shall at Program undertaken by the Original the request of the Original Purchaser be Purchaser; initially issued as a single Note in the de - "Project" shall mean the costs of acqui- nomination of $160,000 and numbered R- sition, construction, reconstruction, 1. The Note shall not bear interest (0%) extending, remodeling, improving, re- and shall mature three years from issu- pairing and equipping of the System; ance. The City Council hereby finds and "Project Costs" shall mean all engineer- determines that it is necessary and advis- ing fees, archeological surveys, envi- able to issue said Note pursuant to Sec- ronmental studies, and fees related to tion 76.13 of the Code of Iowa, as author - a project plan preparation and submis- ized by the Agreement and this Resolu- sion, and other expenses incidental tion. thereto, and also including the costs of b. Execution. The Note shall be exe- issuance of the Note; cuted by the manual or facsimile signature Book 151 Regular Session, February 15, 2021 55 of the Mayor and attested by the manual or facsimile signature of the Clerk, and im- pressed 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 pre- mium, if any, shall be payable at the office of the Paying Agent by mailing of a check, wire transfer or automated clearing house system transfer to the registered owner of the Note. c. Redemption. The Note may be called for redemption by the Issuer and paid be- fore maturity on any date, from any funds regardless of source, in whole or from time to time in part, in order of maturity and within an annual maturity by Lot. Notice of redemption shall be given by U.S. mail to the Original Purchaser (or any other registered owner of the Note). The terms of redemption shall be par, plus accrued interest to date of call. Fail- ure to give such notice by mail to any registered owner or any defect therein shall not affect the validity of any pro- ceedings for the redemption of the Note. The Note is also subject to mandatory redemption to the extent not fully drawn upon. d. Registration. The Note may be regis- tered as to principal and interest on the books of the Note Registrar in the name of the holder and such registration noted on the Note after which no transfer shall be valid until the making of an entry upon the books kept for the registration and transfer of ownership of the Note, and in no other way. The City Treasurer is hereby ap- pointed as Note Registrar under the terms of this Resolution. Registrar shall maintain the books of the Issuer for the registration of ownership of the Note for the payment of principal of and interest on the Note as provided in this Resolution. The Note shall be negotiable as provided in Article 8 of the Uniform Commercial Code subject to the provisions for registration and transfer contained in the Note and in this Resolu- tion. The ownership of any Note may be transferred only upon the Registration Books kept for the registration and transfer of the Note and only upon sur- render thereof at the office of the Regis- trar together with an assignment duly executed by the holder or his duly au- thorized attorney in fact in such form as shall be satisfactory to the Registrar, along with the address and social secu- rity number or federal employer identifi- cation number of such transferee (or, if registration is to be made in the name of multiple individuals, of all such transfer- ees). In the event that the address of the registered owner of a Note (other than a registered owner which is the nominee of the broker or dealer in 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 trans- fer of any such Note, a new fully regis- tered Note, of any denomination or de- nominations permitted by this Resolu- tion in aggregate principal amount equal to the unmatured and unredeemed prin- cipal amount of such transferred fully registered Note and bearing interest at the same rate and maturing on the same date or dates shall be delivered by the Registrar. In all cases of the transfer of the Note, the Registrar shall register, at the earli- est practicable time, on the Registration Books, the Note, in accordance with the provisions of this Resolution. As to any Note, the person in whose name the ownership of the same shall be registered on the Registration Books of the Registrar shall be deemed and re- garded as the absolute owner thereof for all purposes, and payment of or on ac- count of the principal of any such Note and the premium, if any, and interest thereon shall be made only to or upon the order of the registered owner thereof or his legal representative. All such pay- ments shall be valid and effectual to sat- isfy and discharge the liability upon such Note, including the interest thereon, to the extent of the sum or sums so paid. A Note which has been redeemed shall not be reissued but shall be can- celled by the Registrar. A Note which is cancelled by the Registrar shall be de- stroyed and a Certificate of the destruc- tion thereof shall be furnished promptly to the Issuer; provided that if the Issuer shall so direct, the Registrar shall for- ward the cancelled Note to the Issuer. In the event any payment check, wire, or electronic transfer of funds represent- ing payment of principal of or interest on the Notes is returned to the Paying Agent or if any note is not presented for payment of principal at the maturity or redemption date, if funds sufficient to pay such principal of or interest on Notes shall have been made available to the Paying Agent for the benefit of the owner thereof, all liability of the Issuer to the owner thereof for such interest or payment of such Notes shall forthwith cease, terminate and be completely dis- charged, and thereupon it shall be the 56 Regular Session, February 15, 2021 Book 151 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 re- stricted exclusively to such funds for any claim of whatever nature on his part un- der this Resolution or on, or with respect to, such interest or Notes. The Paying Agent's obligation to hold such funds shall continue for a period equal to two years and six months following the date on which such interest or principal be- came due, whether at maturity, or at the date fixed for redemption thereof, or oth- erwise, 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 na- ture shall be made upon the Issuer. Section 4. Form of Note. The form of Note shall be substantially as follows: Passed and approved this 15'h day of February 2021. Roy D. Buol, Mayor /s/Jennifer M. Larson, Director of Finance and Budget Attest: Adrienne N. Breitfelder, City Clerk PUBLIC INPUT Due to the COVID-19 pandemic and man- dates for social distancing, public input was made available through GoToMeeting chat function, City Council and City Clerk email ac- counts, and the City of Dubuque's Facebook Live page. Staff stated that no online public in- put was received. /_I*d[6T,1W4u61 1. Set Public Hearing for Resolution Estab- lishing Maximum Property Tax Dollars for FY22: City Manager recommended the FY22 Resolution Establishing Maximum Property Tax Dollars be set for public hearing on March 1, 2021. Motion by Resnick to receive and file the documents, adopt the resolution, set the public hearing as indicated, and direct the City Clerk to publish notice as prescribed by law. Se- conded by Roussell. City Clerk Breitfelder stated for the record that City Council received updated information regarding this agenda item on February 15, 2021, and the updated infor- mation was uploaded to the agenda. City Man- ager Van Milligen provided information on both his initial and updated recommendation to City Council. City Manager Van Milligen responded to questions from the City Council regarding how the budget relates to Council's goals, the purpose of the General Reserve Fund, the State of Iowa's recent change to the amount that multi -residential properties are assessed, and the City's plan to not add to the reserve fund this year. Jennifer Larson, Director of Fi- nance and Budget, responded to a question from the City Council regarding when the 2021 revaluation of property values would impact taxes. City Council requested clarification on whether they would be able to lower the as- sessed value rate after this Council meeting and if the current motion needed to be amended to state the assessed value. City Manager Van Milligen stated that Council would only be able to lower the assessed value rate after this meet- ing. City Clerk Breitfelder stated that the current resolution and motion specify setting the date of the public hearing. Council Member Resnick amended his motion to receive and file the doc- uments, adopt Resolution No. 49-21 Setting a public hearing on the FY22 maximum property tax dollars for the affected tax levy total, set the public hearing as indicated, direct the City Clerk to publish notice as prescribed by law, and set the property tax rate per the revised recommen- dation at $9.98607. Seconded by Roussell. Mo- tion failed 2-5 with Lynch, Cavanagh, Jones, Sprank and Buol voting nay. Motion by Jones to receive and file the documents, adopt Resolu- tion No. 49-21, set the public hearing as indi- cated, direct the City Clerk to publish notice as prescribed by law, and set the property tax rate at $10.0496. Seconded by Cavanagh. Motion carried 5-2 with Resnick and Roussell voting nay. The adoption of the resolution sets a public hearing for a meeting to commence at 6:30 p.m. on March 1, 2021. RESOLUTION NO. 49-21 SETTING A PUBLIC HEARING ON THE FY22 MAXIMUM PROPERTY TAX DOLLARS FOR THE AFFECTED TAX LEVY TOTAL Whereas, pursuant to State of Iowa SF634, the City of Dubuque is required to hold a public hearing to consider the proposed FY22 city maximum property tax dollars for the affected levy total; and Whereas, the notice of hearing must be published not less than 10 days and not more than 20 days prior to the date of the hearing; and Whereas, at said hearing, the City Council is required to pass a resolution adopting the fis- cal year maximum property tax dollars for the affected levy total. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA THAT: Section 1. The Dubuque City Council will conduct a public hearing on March 1, 2021 at 6:30 p.m. virtually. Section 2. The Director of Finance and Budget is hereby directed to prepare a Resolu- tion of Maximum Property Tax Dollars for the Affected Tax Levy Total with the required infor- mation pursuant to SF634. Book 151 Regular Session, February 15, 2021 57 Section 3. The City Clerk is hereby directed to publish the notice of public hearing pursuant to SF634. Passed, adopted, and approved this 15'h day of February 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk [Due to the ongoing COVID-19 pandemic, the City Council will meet virtually through GoToMeeting. The official agenda will be posted on Friday prior to the meeting and will contain listening, viewing, and public input op- tions. The City Council agenda can be ac- cessed at https://cityofdubuaue.novu- sagenda.com/AgendaPublic/ or by contacting the City Clerk's Office at 563-589-4100, ctyclerk cityofdubugue.org.] 2. Community Development Block Grant (CDBG) Microenterprise Funds: Grant Admin- istration Agreement for the Low- and Moderate - Income (LMI) Business Assistance Grant Pro- gram: City Manager recommended approval of a Grant Administration Agreement with The Fountain of Youth Program to administer a grant program using Community Development Block Grant (CDBG) Microenterprise funding for the benefit of existing businesses operated by low- and moderate -income individuals in the City of Dubuque. Motion by Resnick to receive and file the documents and adopt Resolution No. 50-21 Approving a Grant Administration Agreement with The Fountain of Youth Pro- gram to administer the Low- And Moderate -In- come Small Business Assistance Grant Pro- gram. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 50-21 APPROVING A GRANT ADMINISTRATION AGREEMENT WITH THE FOUNTAIN OF YOUTH PROGRAM TO ADMINISTER THE LOW- AND MODERATE -INCOME SMALL BUSINESS ASSISTANCE GRANT PRO- GRAM Whereas, Community Development Block Grant funds (the Funds) have been allocated for the purpose of supporting microenterprises within the city of Dubuque which are owned by low- to moderate -income individuals; and Whereas, the Community Development Ad- visory Commission (the Commission) has pur- view over the use of the Funds; and Whereas, the Commission has reviewed and approved the use of the Funds in the City of Dubuque Small Business Assistance Grant Program (the Grant); and Whereas, The Fountain of Youth Program has the infrastructure necessary to administer the Grant; and Whereas, the City Council finds that it is in the interests of the City of Dubuque to approve the Grant Administration Agreement with The Fountain of Youth Program to administer the Grant. 58 Regular Session, February 15, 2021 Book 151 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Grant Administration Agreement between the City of Dubuque, Iowa, and The Fountain of Youth Program, a copy of which is attached hereto, is hereby approved. Section 2. That the Mayor is hereby author- ized and directed to execute the Grant Admin- istration Agreement on behalf of the City of Dubuque and the City Clerk is authorized and directed to attest to his signature Section 3. That the City Manager is author- ized to take such actions as are necessary to comply with the terms of the Grant Administra- tion Agreement. Passed, approved, and adopted this 15th day of February 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 3. Long Range Planning Advisory Commis- sion and Housing Commission Membership Or- dinance Modifications: City Manager recom- mended City Council approval of two ordi- nances for cross representation on the Long - Range Planning Advisory Commission and Housing Commission. Motion by Jones to re- ceive and file the documents and that the re- quirement that a proposed ordinance be con- sidered and voted on for passage at two Coun- cil meetings prior to the meeting at which it is to be passed be suspended. Seconded by Res- nick. Responding to a question from the City Council regarding the Housing Trust Fund Ad- visory Commission, City Attorney Brumwell stated that the City is looking to transfer the commission to a non-profit. Once this transition is confirmed, there will be further changes to the Code regarding the Commission. Motion car- ried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 4-21 Amending City of Dubuque Code of Ordinances Title 15 Plan- ning and Zoning, Chapter 2 Long Range Plan- ning Advisory Commission, Sections 15-2-5 Membership and 15-2- 7 Terms and Ordinance No. 5-21 Amending City of Dubuque Code of Ordinances Title 2 Boards and Commissions, Chapter 5 Housing Agency and Community De- velopment Commissions, Article B Housing Commission, Sections 2-513-5 Membership And 2-513-7 Terms. Seconded by Resnick. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 4-21 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 15 PLANNING AND ZONING, CHAPTER 2 LONG RANGE PLAW NING ADVISORY COMMISSION, SECTIONS 15-2-5 MEMBERSHIP AND 15-2-7 TERMS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. Section 15-2-5 of the City of Dubuque Code of Ordinances is amended to read as follows: 15-2-5: Membership: A. Composition: The commission com- prises seven (7) residents of the city, ap- pointed by the city council. B. Age: Residents must be eighteen (18) years of age or older. C. Qualifications: 1. All members must be qualified by their knowledge, experience, and ability to con- tribute to the city's long-range planning and development efforts. 2. Cross -representation. One (1) mem- ber must be appointed by and from the membership of the Housing Commission, with concurrence of the city council. Section 2. Section 15-2-7 of the City of Dubuque Code of Ordinances is amended to read as follows: 15-2-7: Terms: The term of office for com- missioners is three (3) years or until such com- missioner's successor is appointed and quali- fied. The term of the cross -representative ap- pointee to the Long -Range Planning Advisory Commission must coincide with their term on the Housing Commission. Section 3. This ordinance shall take effect upon publication. Passed, approved, and adopted this 15th day of February 2021. /s/Roy D. Buol, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 1 gth day of February 2021. /s/Adrienne N. Breitfelder, City Clerk OFFICIAL PUBLICATION ORDINANCE NO. 5-21 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 2 BOARDS AND COM- MISSIONS, CHAPTER 5 HOUSING AGENCY AND COMMUNITY DEVELOPMENT COM- MISSIONS, ARTICLE B HOUSING COMMIS- SION, SECTIONS 2-513-5 MEMBERSHIP AND 2-513-7 TERMS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. Section 2-513-5 of the City of Dubuque Code of Ordinances is amended to read as follows: 2-513-5: Membership: A. Number: The commission comprises ten (10) residents of the city. B. Age: Residents must be eighteen (18) years of age or older. C. Special Qualifications: Book 151 Regular Session, February 15, 2021 59 1. At least three (3) members must be selected specifically on the basis of expe- rience in real estate development, bank- ing, finance, accounting, funds manage- ment, or other related areas of expertise. 2. One (1) member must be a person who is a recipient of tenant based rental assistance under section 8 of the United States housing act of 1937, whose name appears on a lease of section 8 property. If such member ceases to be a recipient of rental assistance under section 8, the term of such member is deemed termi- nated and a new member who meets the requirements of this subsection must be appointed for the remainder of the term. 3. The remaining members are at -large members. 4. Cross -representation. a. One (1) member must be appointed by the commission, with city council ap- proval, to serve on the community devel- opment advisory commission. b. One (1) member must be appointed by the commission, with city council con- currence, to serve on the long-range planning advisory commission. Section 2. Section 15-2-7 of the City of Dubuque Code of Ordinances is amended to read as follows: 2-513-7: Terms: The term of office for com- missioners is three (3) years or until such commissioner's successor is appointed and qualified. The terms of the cross -representa- tive appointees to the community develop- ment advisory commission and the long- range planning advisory commission must co- incide with their terms on the housing com- mission. Section 3. This ordinance shall take effect upon publication. Passed, approved, and adopted this 15t" day of February 2021. /s/Roy D. Buol, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 19"' day of February 2021. /s/Adrienne N. Breitfelder, City Clerk 4. 2020 Equity Report and 2021-2023 Eq- uity Plan: City Manager transmitted the 2020 Equity Report and the 2021-2023 Equity Plan. Motion by Roussell to receive and file the information and view the presentation. Se- conded by Cavanagh. Human Rights Director Kelly Larson and Organizational Equity Coordi- nator Collins Eboh provided a presentation on the Equity Report. Topics included: community equity areas; leading with race; 2020 major ac- complishments; City of Dubuque 2021-2023 equity plan; equitable fine and fee reform; mu- nicipal internships; and support for minority owned businesses. Responding to a question 60 Regular Session, February 15, 2021 Book 151 from City Council regarding the areas of the plan that Council and City staff should prioritize, Ms. Larson stated that fine and fee reform and data analysis for equity indicators were high pri- ority areas of the plan. Motion carried 7-0. 5. Resilient Community Advisory Commis- sion Letter: City Manager transmitted corre- spondence from the Resilient Community Advi- sory Commission regarding the Climate Action Plan. Motion by Cavanagh to receive and file the information. Seconded by Jones. City Council discussed their interest in determining how to better utilize the diverse expertise of the commissioners, the suggestions in the City Manager's memo serving as good areas of di- rection for the commission, and suggesting the commission participate in the City's budget hearings to provide input on allocating funds. City Manager Van Milligen stated the commis- sion has an opportunity to educate the public on resiliency and suggested the commission work with businesses, schools, and other entities to provide the community with a better under- standing of resiliency. Motion carried 7-0. 6. 2021 Federal Legislative Priorities: City Manager recommended City Council adoption of the 2021 Federal Legislative Priorities. Mo- tion by Cavanagh to receive and file the infor- mation and approve the priorities. Seconded by Roussell. City Manager Van Milligen introduced former Assistant City Manager Teri Goodmann. Ms. Goodmann provided a high-level summary of the priorities based on her volunteer work with Department Managers and partners to de- velop the priorities. Motion carried 7-0. COUNCIL MEMBER REPORTS Mayor Buol advised citizens to continue fol- lowing health guidelines and stay healthy. There being no further business, Mayor Buol declared the meeting adjourned at 9:01 p.m. /s/Adrienne N. Breitfelder, City Clerk CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 5:00 p.m. on March 1, 2021. Due to the COVID-19 pandemic and man- dates 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.cityofdubuque.org/me- dia, and streamed live on the City's Facebook page at www.facebook.com/cityofdubuque. Present: Mayor Buol; Council Members Cavanagh, Jones, Lynch, Resnick, Roussell, Sprank; City Manager Van Milligen, City Attor- ney Brumwell Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of conducting work sessions to receive updates from the Dubuque Dream Center and Fountain of Youth. WORK SESSIONS (2) 1. Dubuque Dream Center Robert Kimble from the Dubuque Dream Center presented on the organization's pro- gramming and outcomes. Topics included: • Measurable Outcomes • Career Development • Strategy • Phase 3: Licensed Child Care Center • Program Cost Per Student and Services Provided • Long Term Goal School Connectors Latoya McCauley, Nakiah Kimble, Octavius Evans, and Blake Weidman spoke about youth impact stories. Mr. Kimble and Executive Assistant Racquel McClellan answered questions from the City Council regarding operating support, the roles of School Connectors, and the availa- bility of data that highlights outcomes of the Dream Center. This work session concluded at 5:43 p.m. 2. Fountain of Youth Caprice Jones of Fountain of Youth and Al- ison Fuller of Driftless Consulting presented a report on the organization's Strategic Plan. Topics included: Book 151 Regular Session, March 1, 2021 61 • Executive Summary • Vision and Mission • Barriers • Participant Stories • Priorities • The Strategic Plan in the City's Efforts to Address Poverty • Projected Growth • Financial Projections and Fundraising • Key Priorities for the Strategic Plan • Metrics and Indicators to Assess Im- pact and Progress Responding to a question from the City Council regarding how the City's proposed Of- fice of Shared Prosperity would work with or- ganizations such as the Dream Center and Fountain of Youth, City Manager Van Milligen stated that the City's Equitable Poverty Preven- tion and Reduction Plan, which includes the recommendation for the Office of Shared Pros- perity, involves partnering with diverse organi- zations throughout the community. There being no further business, Mayor Buol declared the meeting adjourned at 6:27 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 March 1, 2021. Due to the COVID-19 pandemic and man- dates for social distancing, this meeting was conducted virtually and aired live on CityChan- nel 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.face- book.com/cityofdubugue. Present: Mayor Buol; Council Members Cavanagh, Jones, Lynch, Resnick, Roussell, Sprank; City Manager Van Milligen, City Attor- ney 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. COVID-19 Update: Mary Rose Corrigan, Public Health Specialist for the City of Dubu- que, provided an update on the COVID-19 pan- demic and response activities. CONSENT ITEMS Motion by Resnick to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Jones. Motion carried 7-0. 1. Minutes and Reports Submitted: City Council Proceedings of 2/15; Civil Service Commission of 2/9. Upon motion the docu- ments were received and filed. 2. Notice of Claims and Suits: 2G2, LLC. for breach of lease; Asbury Square LLC for prop- erty damage; Jackie Jones for property dam- age; additional claim information from Ronald Koehler for property damage; Aaron Rang for vehicle damage; Jacob Schlosser for property damage; additional claim information from State Farm a/s/o Michael or Jennifer Connolly for property damage. Upon motion the docu- ments were received, filed, and referred to the City Attorney. 62 Regular Session, March 1, 2021 Book 151 3. Disposition of Claims: City Attorney ad- vised that the following claims have been re- ferred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Asbury Square LLC for property damage; Ashlynn Johnson for property damage; Jackie Jones for property damage; Aaron Rang for ve- hicle damage; Jacob Schlosser for property damage; State Farm a/s/o Michael or Jennifer Connolly for property damage. Upon motion the documents were received, filed, and concurred. 4. Approval of City Expenditures: City Man- ager recommended City Council approval for payment of City expenditures. Upon motion the documents were received and filed, and Reso- lution No. 51-21 Authorizing the Director of Fi- nance and Budget/City Treasurer to make cer- tain payments of bills that must be paid and ap- proved for payment in accordance with City pro- cedures was adopted. RESOLUTION NO. 51-21 AUTHORIZING THE DIRECTOR OF FI- NANCE AND BUDGET / CITY TREASURER TO MAKE CERTAIN PAYMENTS OF BILLS THAT MUST BE PAID AND APPROVED FOR PAYMENT IN ACCORDANCE WITH CITY PROCEDURES 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 De- partment personnel in accordance with gener- ally accepted internal control procedures and have been determined to have been requisi- tioned for a lawful municipal purpose; and Whereas, the Finance Director -City Treas- urer 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 pay- ment of certain expenditures known as Excep- tion 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 Treas- urer is hereby authorized to issue payment for goods and services provided for City purposes in response to the purchase orders and con- tracts issued in compliance with state and mu- nicipal code requirements as requested by des- ignated requisitioning authorities in accordance with approved budget appropriations. Section 2. In accordance with Iowa Code Section 372.13(6), the City Clerk and Finance Director are hereby authorized and directed to provide the statement of receipts and disburse- ments to the City Council, and to publish a sum- mary thereof. Passed, approved, and adopted this 1 st day of March 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 5. Approving a First Amendment to a Devel- opment Agreement between the City of Dubu- que and Kretschmer, LLC to Redevelop Prop- erty at 220 East 9th Street: City Manager recom- mended approval of a First Amendment to a Development Agreement with Kretschmer, LLC that modifies the closing date to March 19, 2021 and updates the language in Section 4.2 Oper- ation of Development Property; Public Assis- tance Source of Income; Housing Vouchers to better align with City Council goals and priori- ties. Upon motion the documents were received and filed, and Resolution No. 52-21 Approving the First Amendment to Development Agree- ment between the City of Dubuque, Iowa and Kretschmer, LLC was adopted. RESOLUTION NO. 52-21 APPROVING THE FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND KRETSCHMER, LLC Whereas, the City of Dubuque (City) and Kretschmer, LLC (Developer) previously en- tered into that certain Development Agreement dated August 3, 2020 with respect to the mat- ters specified therein; and Whereas, the parties desire to further mod- ify the Development Agreement as set out in the First Amendment to Development Agreement; and Whereas, the City Council finds that it is in the interests of the City of Dubuque to approve the First Amendment to Development Agree- ment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the First Amendment to De- velopment Agreement between the City of Dubuque, Iowa and Kretschmer, LLC, a copy of which is attached hereto, is hereby approved. Section 2. That the Mayor is hereby author- ized and directed to execute the First Amend- ment to Development Agreement on behalf of the City and the City Clerk is authorized and di- rected to attest to his signature. Section 3. That the City Manager is author- ized to take such actions as are necessary to Book 151 Regular Session, March 1, 2021 63 comply with the terms of the First Amendment 64 Regular Session, March 1, 2021 Book 151 to Development Agreement as herein ap- proved. Passed, approved and adopted this 1 -It day of March 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 6. Assignment of Development Agreement with Kenneth Oberbroeckling to Ned Ober- broeckling to Redevelop Property at 253 Main Street: City Manager recommended approval of an Assignment of Development Agreement for redevelopment of property at 253 Main Street. Upon motion the documents were received and filed, and Resolution No. 53-21 Consenting to the Assignment of the Development Agreement between the City of Dubuque and Kenneth Oberbroeckling from Kenneth Oberbroeckling to Ned Oberbroeckling was adopted. RESOLUTION NO. 53-21 CONSENTING TO THE ASSIGNMENT OF THE DEVELOPMENT AGREEMENT BE- TWEEN THE CITY OF DUBUQUE AND KEN- NETH OBERBROECKLING FROM KENNETH OBERBROECKLING TO NED OBER- BROECKLING Whereas, the City of Dubuque, Iowa, and Kenneth Oberbroeckling (Developer) entered into a Development Agreement dated for refer- ence purposes the 6th of April, 2016, for the fol- lowing property, situated in Dubuque, Iowa: City Lot 75; and City Lot 74A EXCEPT the north 6 inches thereof; in the City of Dubuque, Iowa, according to the Com- missioners' Map of the Town of Dubu- que, Iowa; (the Property), locally known as 253 Main Street; and Whereas, pursuant to the Development Agreement, Developer is required to provide certain improvements to the building located on the Property; and Whereas, in order to facilitate development of the Property, the Property has been con- veyed by Developer to Ned Oberbroeckling; and Whereas, Developer desires to assign the Development Agreement to Ned Oberbroeck- ling, pursuant to the Assignment attached hereto in order to facilitate the development of the Property; and Whereas, the Development Agreement au- thorizes the conveyance of the Property and as- signment, subject to City Council consent; and Whereas, the City Council finds that it is in the best interests of the City of Dubuque to con- sent to the conveyance of the Property and the Assignment. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The City of Dubuque hereby con- sents to the conveyance of the Property and the Assignment of the Development Agreement to Ned Oberbroeckling. Section 2. The Mayor is hereby authorized and directed to execute the Consent to Assign- ment on behalf of the City of Dubuque. Passed, approved, and adopted the 1 st day of March 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 7. Second Amendment to Development Agreement for 253 Main Street: City Manager recommended approval of a Second Amend- ment to the Development Agreement with Ken- neth Oberbroeckling, as assigned to Ned Ober- broeckling, for the redevelopment of the prop- erty at 253 Main Street. Upon motion the docu- ments were received and filed, and Resolution No. 54-21 Approving the Second Amendment to Development Agreement between the City of Dubuque, Iowa and Ned Oberbroeckling was adopted. RESOLUTION NO. 54-21 APPROVING THE SECOND AMENDMENT TO DEVELOPMENT AGREEMENT BE- TWEEN THE CITY OF DUBUQUE, IOWA AND NED OBERBROECKLING Whereas, the City of Dubuque (City) and Kenneth Oberbroeckling entered into a Devel- opment Agreement, dated for reference pur- poses the 6th day of April 2015, as amended by the First Amendment to Development Agree- ment, for the following property, situated in Dubuque, Iowa: City Lot 75; and City Lot 74A EXCEPT the north 6 inches thereof; in the City of Dubuque, Iowa, according to the Com- missioners' Map of the Town of Dubu- que, Iowa; (the Property), locally known as 253 Main Street; and Whereas, Kenneth Oberbroeckling con- veyed the Property and assigned the Develop- ment Agreement to Ned Oberbroeckling by As- signment dated the 23rd day of February, 2021; and Whereas, City and Ned Oberbroeckling, as Developer, desire to further amend the Devel- opment Agreement as set forth in the attached Second Amendment to Development Agree- ment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Second Amendment to Development Agreement between the City of Dubuque, Iowa and Ned Oberbroeckling, a copy of which is attached hereto, is hereby ap- proved. Section 2. That the Mayor is hereby author- ized and directed to execute the Second Amendment to Development Agreement on be- half of the City of Dubuque and the City Clerk is Book 151 Regular Session, March 1, 2021 65 authorized and directed to attest to his signa- ture. Section 3. That the City Manager is author- ized to take such actions as are necessary to comply with the terms of the Second Amend- ment to Development Agreement as herein ap- proved. Passed, approved, and adopted this 1st day of March 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 8. Fourth Amendment to Iowa Values Funds Financial Assistance Contract by and among the Iowa Economic Development Authority, De- sign Mill, Inc., and the City of Dubuque: City Manager recommended approval of the Fourth Amendment to the Iowa Values Funds Finan- cial Assistance Contract by and among the Iowa Economic Development Authority, Design Mill, Inc., and the City of Dubuque. Upon motion the documents were received and filed, and Resolution No. 55-21 Approving the Fourth Amendment to the Economic Development Fi- nancial Assistance Contract by and among De- sign Mill, Inc., the City of Dubuque, and the Iowa Department of Economic Development was adopted. RESOLUTION NO. 55-21 APPROVING THE FOURTH AMENDMENT TO THE ECONOMIC DEVELOPMENT FINAN- CIAL ASSISTANCE CONTRACT BY AND AMONG DESIGN MILL, INC., THE CITY OF DUBUQUE, AND THE IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT Whereas, Design Mill, Inc. (DMI) and the City of Dubuque (City) entered into an Eco- nomic Development Financial Assistance Con- tract (the Contract) with the Iowa Economic De- velopment Authority (IEDA) for the expansion of DMI's operations in Dubuque, Iowa; and Whereas, DMI requested an extension of the Project Completion Date in the Contract from June 30, 2016, to June 30, 2017 in the First Amendment; and Whereas, DMI requested an extension of the Project Completion Date in the Contract from June 30, 2017, to June 30, 2018 in the Second Amendment; and Whereas, DMI requested an extension of the Project Completion Date in the Contract from June 30, 2018, to June 30, 2019 in the Third Amendment; and Whereas, DMI is now requesting the addi- tion of DMI, LLC as a party to the contract, as set forth in the attached Contract Amendment; and Whereas, the IEDA Board has approved the addition of DMI, LLC as a party to the contract; and Whereas, the parties now desire to amend the Contract as set forth in the attached Con- tract Amendment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Contract Amendment is hereby approved. Section 2. The Mayor is hereby authorized and directed to execute and the City Manager is hereby directed to submit the Contract Amendment to the Iowa Economic Develop- ment Authority together with such other docu- ments as may be required. Passed, approved, and adopted this 1 st day of March 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 9. 2021 - 1st Quarter Update on Childcare Challenges and Collaborations: City Manager transmitted a quarterly update on the status of collaboration efforts among partners in Dubu- que to address a need for sufficient quality, af- fordable childcare options in the community and recommends that Dubuque's State Legislative Delegation be encouraged to continue their support of funding and policy changes that im- prove childcare availability and affordability. Upon motion the documents were received and filed. 10. Ryan vs. City of Dubuque Board of Re- view 2020 Property Tax Appeal: Senior Coun- sel provided a copy of the Stipulation of Settle- ment regarding a tax assessment appeal filed by Tamara Ryan with the Property Assessment Appeal Board. Upon motion the documents were received and filed. 11. Proposed Amendment to Master Co -lo- cation and Shared Services Agreement be- tween the City of Dubuque and Interstate Power and Light: City Manager recommended approval of an amendment to the Master Co - Location and Share Services Agreement with Interstate Power and Light (IPL) for the installa- tion of a shared fiber conduit route within the City of Dubuque. Upon motion the documents were received, filed, and approved. 12. Signed Contract(s): Master Services Agreement with ImOn Communications and Multicultural Family Center Sidewalk Replace- ment Project. Upon motion the documents were received and filed. 13. Grass and Weed Cutting and Garbage Collection Assessments: City Manager recom- mended 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 establish real property liens for collection of such charges. 66 Regular Session, March 1, 2021 Book 151 Upon motion the documents were received and filed, and Resolution No. 56-21 Authorizing the City to collect delinquent grass and weed cut- ting and garbage collection charges in accord- ance 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. 56-21 AUTHORIZING THE CITY TO COLLECT DE- LINQUENT GRASS AND WEED CUTTING AND GARBAGE COLLECTION CHARGES IN ACCORDANCE WITH TITLE 6-4-3A AND TI- TLE 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 welfare 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 im- mediate action to protect the public health, safety or welfare of the public, the Housing Of- ficer may order the emergency abatement of such; and Whereas, delinquent grass and weed cut- ting 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 at- tached 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 1It day of March 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 1632 Lucy; Lot 32 Blk 1 Sunset Park 5th Add; Tran, Tan Cao and Lien Hue; 1632 Lucy Dr Dubuque IA 52002; 1028127001; $289.00; grass 485 Central; Lot 2, N 15' Lot 1, M Bal of Lot 1, and Lot 3 Exc. The Sly 8 3/4" Ely 53' 8 3/4", All in blk 6 Dubuque Downtown Plaza; AWKM Properties LLC; 2248 Jo Ann Dr Dubuque IA 52002; 1025237008; $289.00; grass 976 Riker; Lot 50 Oak Grove Add; Schmidt, Michel R; 976 Riker St Dubuque IA 52003; 1025463002; $157.00; grass 309 Jones; Lot 2-1 City Lot 569 and Lot 2-1 City Lot 570; Behning, Karl L; 309 Jones St Dubuque IA 52001; 1025285007; $123.00; grass 2419 Jackson; Lot 1-6 New Jackson Sub; PHK LLC; 9120 Long Tail Ln Dubuque IA 52003; 1013379026; $100.00; grass 1505 Montrose; Lot 15 and S 1 1/2' of Lot 14 Fairview Sub; Freedom Properties LLC; 3500 Dodge St #101 Dubuque IA 52003; 1024334012; $247.00; grass 1559 Washington; N 1/2 of Lot 79 East Dubuque Add; Ginter, Patricia Jean; 2049 Washington St Dubuque IA 52001; 1024281012; $380.00; grass 109 Saint Mary's; Lot 11 St Raphael's Add; Brother 2 LLC; 14053 Kathleen CT Dubuque IA 52003; 1025256021; $124.00; garbage 1016 Rhomberg; Lot 10 Mc Craney's 2nd Add; and SW 5'-Lots 19 and 21 Wickes' Add; Merfeld, Taylor J and Cindy L 1016 Rhomberg Ave Dubuque IA 52001; 1118351003; $156.00; grass 1238 Jackson; N 25- Lot 60 East Dubuque Add; Ulhaq, Irfan and Kwon, Miyeon; 995 Mount View CT Platteville WI 53818-1816; 1024435010; $287.00; grass 2900 Pinard; S 1/3 of Lot 4-73 Glendale Add; Hanson, Carlton A; 645 Badger Rd Hazel Green WI 53811; 1013132011; $190.00; grass 6621 S Shrewsbury; Lot 65 English Ridge Subdivision No. 7; English Ridge LLC; 13384 BMR Ln Dubuque IA 52002-9467; 1505132010; $91.00; grass 290 Bryant; Lot 4 Sub 145 and 146 Union Add; Gneiser, Robert John II and Elizabeth J Runicka-Gneiser; 290 Bryant St Dubuque IA 52003; 1025361010; $248.00; grass 1559 Washington; N 1/2 of Lot 79 East Dubuque Add; Ginter, Patricia Jean; 2049 Washington St Dubuque IA 52001; 1024281012; $289.00; grass 2252 Francis; Lot 15 Tivoli Add; Henkel, Nicholas E; 2252 Francis St Dubuque IA 52001; 1024129007; $91.00; grass 115 Cherokee; Lot 2-3, 1-4, and 2-1-5 Dubuque Homes Sub #2; McCarty, Jake L; 115 Cherokee Dr Dubuque IA 52003; 1026351005; $157.00; grass 2419 Jackson; Lot 1-6 New Jackson Sub; PHK LLC; 9120 Long Tail Ln Dubuque IA 52003; 1013379026; $124.00; grass 2901 Olde Country Ln; Lot 2 Blk 3 Highland; Book 151 Regular Session, March 1, 2021 67 Nordenson, Craig D Declaration of Trust; 2901 Olde Country Ln Dubuque IA 52001; 1015302002; $157.00; grass 717 Lincoln; Lot 69 Cooks Add; Hollister, George A and Marjorie D; 1916 1/2 Johnson St Dubuque IA 52001; 1013483015; $157.00; grass 2312 Washington; Lot 1 Bee Branch Sub No. 4; Root, Judie E Etal; 2312 Washington St Dubuque IA 52001; 1013460039; $157.00; grass 2226 Rhomberg; Lot 311 Hams Add; Wlochal, Raymond C; 2226 Rhomberg Ave Dubuque IA 52001; 1107457010; $162.00; grass 1225 N Booth; Lot 2-1 Trenks Booth St PI; Fries, Thomas A; 1225 N Booth St Dubuque IA 52001; 1023483017; $190.00; grass 337 Kaufmann; W 35' of Lot 4 Welands Sub; JRK Properties LLC; 9120 Long Tail Ln Dubu- que IA 52003; 1024127034; $157.00; grass 1698 Jackson; Lot 1-37 East Dubuque Add; Eichstadt, Alexander Lee and Andress Boggs; 1675 Jackson St Dubuque IA 52001; 1024268001; $124.00; grass 599 Almond; Lot 1-10 Buettels Sub; Pk Rental Holdings LLC; 812 3r6 St NW Dyersville IA 52040; 1024155031; $119.23; garbage 590 Clarke; Bal - N 70' - Lot 8 J P Porters Add; Gladwin, Kevin; 590 Clarke Dr Dubuque IA 52001; 1024153009; $245.65; garbage 954 W 5th; Lot 2-10 Deming and Horrs Sub; MCT Investments LLC; 8505 Southern Hills CT Dubuque IA 52003; 1025154001; $234.68; gar- bage 579 Quigley; Lot 20 Quigley's Sub of 710; Mork, Micah D; 579 Quigley Ln Apt #3 Dubuque IA 52001; 1024159024; $258.18; garbage 650 W 81h; Lot 28 Rogers Sub; Budde's Home Improvement Inc; 632 W 8th St Dubuque IA 52001; 1025133006; $276.52; garbage 1165 Center; Lot 1-3 of Min LOT 88 and Pt of Min Lot 87; E Mueller Sales LLC; 3364 Hibis- cus Ln Dubuque IA 52001; 1024356005; $150.34; garbage 985 Center; Lot 2 Newburghs Sub; Pierce, Curtis and Stephanie Etal; 3943 Short St Dubu- que IA 52002; 1025102006; $95.17; garbage 337 Kaufmann; W 35' of Lot 4 Welands Sub; JRK Properties LLC; 9120 Long Tail Ln Dubu- que IA 52003; 1024127034; $573.36; garbage 115 Cherokee; Lot 2-3, 1-4, and 2-1-5 Dubuque Homes Sub #2; McCarty, Jake L; 115 Cherokee Dr Dubuque IA 52003; 1026351005; $227.10; garbage 650 W 8th; Lot 28 Rogers Sub; Budde's Home Improvement Inc; 632 W 8th St Dubuque IA 52001; 1025133006; $283.67; garbage 14. Abstract of Votes: City Clerk transmitted the Abstract of Votes for the February 2, 2021, Ward 1 Primary Election as certified by the Dubuque County Auditor. Upon motion the doc- uments were received and filed. STATE OF IOWA ABSTRACT OF VOTES Dubuque County, Iowa We, the undersigned Members of the Board of Supervisors, and ex-officio County Board of Canvassers for this County, do hereby certify the following to be a true and correct abstract of the votes cast in this County at the 2021 City of Dubuque Special Primary Ward One Election held on the 2nd day of February 2021, as shown by the tally lists returned from the several elec- tion precincts. DUBUQUE CITY COUNCIL PRIMARY WARD ONE --TO FILL A VACANCY: Dubuque Susan R. Farber - Received five hundred six (506) votes John T. Pregler - Received three hundred fifty-three (353) votes Nichole Weber- Received one hundred one (10 1 ) votes Candidate Total - Nine hundred sixty (960) votes SCATTERING - Two (2) votes TOTAL - Nine hundred sixty-two (962) votes We therefore declare: Susan R. Farber and John T. Pregler duly elected to go to the Special City of Dubuque Ward One Election --To Fill a Vacancy on March 2, 2021. IN TESTIMONY WHEREOF, we have here- unto set our hands and caused to be affixed the seal of this county by the Clerk of the Board of Supervisors. Done at Dubuque the county seat of Dubu- que County, this of 4th day of February 2021. /s/Ann McDonough, Chairperson /s/Harley Pothoff, Member of the Board of Su- pervisors and ex-officio County Board of Can- vassers Attest: /s/Kevin Dragotto, County Auditor and Clerk of the Board of Supervisors ITEMS SET FOR PUBLIC HEARING Motion by Resnick to receive and file the documents, adopt the resolutions, set the public hearings as indicated, and direct the City Clerk to publish notice as prescribed by law. Se- conded by Sprank. Motion carried 7-0. 1. Sale of City -Owned Property at 305-307 East 22nd Street: City Manager requested the City Council set a public hearing for March 15, 2021, for the purpose of disposing of City - owned real property located at 305-307 East 22nd Street to Affordable Housing Network, Inc. for the purchase price of $4,171. Upon motion the documents were received and filed, and Resolution No. 57-21 Intent to dispose of an in- terest in City of Dubuque real estate to Afforda- ble Housing Network, Inc., setting a time and place for hearing, and providing for the publica- tion of notice thereof was adopted, setting a 68 Regular Session, March 1, 2021 Book 151 public hearing to commence at 6:30 p.m. on March 15, 2021. RESOLUTION NO. 57-21 INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE REAL ESTATE TO AF- FORDABLE HOUSING NETWORK, INC., SETTING A TIME AND PLACE FOR HEAR- ING, AND PROVIDING FOR THE PUBLICA- TION OF NOTICE THEREOF Whereas, the City of Dubuque, Iowa (City) owns 305-307 East 22"1 Street (the Property) legally described as: Lot 1 of the Subdivision of Lot 1 in Kemps Subdivision in the City of Dubu- que, Iowa, according to the recorded plat thereof, subject to easements of record; and Whereas, City acquired the Property through the transfer of ownership by Dubuque's True North Corporation for the purpose of its restoration and re -sale for owner -occupied housing; and Whereas, Affordable Housing Network, Inc, will rehabilitate the property and sell the prop- erty to an income qualified family or manage the property for the benefit of low to moderate in- come households; and Whereas, by accepting the selected offer the City's objectives of providing housing op- tions for low to moderate income households, rehabilitation of two vacated homes, and is con- sistent with the city goal of creating opportuni- ties for affordable housing. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque, Iowa, proposes to dispose of its interest in the above - described real estate to Affordable Housing Network, Inc. Section 2. That the City Council shall con- duct a public hearing on the proposed disposi- tion of real estate virtually on the 15t" day of March 2021 beginning at 6:30 p.m. Section 3. That the City Clerk be and is hereby authorized and directed to publish no- tice of the public hearing in the form attached hereto, according to law. Passed, approved, and adopted this 1st day of March 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 2. Sale of City -Owned Property at 2243 Central Avenue: City Manager requested the City Council set a public hearing for March 15, 2021, for the purpose of disposing City -owned real property located at 2243 Central Avenue to Tyler and Michelle Ede for $160,000. Upon mo- tion the documents were received and filed, and Resolution No. 58-21 Intent to dispose of an in- terest in City of Dubuque real estate to Tyler and Michelle Ede setting a time and place for hearing and providing for the publication of Book 151 Regular Session, March 1, 2021 69 notice thereof was adopted, setting a public hearing to commence at 6:30 p.m. on March 15, 2021. RESOLUTION NO. 58-21 INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE REAL ESTATE TO TY- LER AND MICHELLE EDE SETTING A TIME AND PLACE FOR HEARING, AND PROVID- ING FOR THE PUBLICATION OF NOTICE THEREOF Whereas, the City of Dubuque, Iowa (City) owns 2243 Central Avenue (the Property) le- gally described as: Lot 6 in Tivoli Addition in the City of Dubuque, Iowa, according to the rec- orded plat thereof; and Whereas, City acquired the Property for the purpose of its restoration and re -sale for owner - occupied housing; and Whereas, City received an offer to purchase the property from Tyler and Michelle Ede; and Whereas, by accepting the selected offer the City's objectives of providing homeowner- ship to an income qualified buyer and rehabili- tation of a vacated home can be realized and is consistent with the city goal of creating oppor- tunities for affordable home ownership. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque, Iowa, proposes to dispose of its interest in the above - described real estate to Tyler and Michelle Ede for the sum of $160,000. Section 2. That the City Council shall con- duct a public hearing on the proposed disposi- tion of real estate virtually on the 15th day of March 2021 beginning at 6:30 p.m. Section 3. That the City Clerk be and is hereby authorized and directed to publish no- tice of the public hearing in the form attached hereto, according to law. Passed, approved, and adopted this 1st day of March 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 3. Proceedings to Set the Public Hearing on the Issuance of Not to Exceed $24,000,000 General Obligation Annual Appropriation Re- funding Capital Loan Notes: City Manager rec- ommended that a public hearing be set for March 15, 2021, on the proposition of selling not to exceed $24,000,000 in General Obligation Annual Appropriation Refunding Bonds, the proceeds of which will be used to refund the Stormwater Revenue Capital Loan Notes, Se- ries 2015B, dated June 19, 2015 and amended September 8, 2017. Upon motion the docu- ments were received and filed, and Resolution No. 59-21 Fixing date for a meeting on the au- thorization of a Loan and Disbursement Agree- ment and the issuance of not to exceed $24,000,000 General Obligation Annual Appro- priation Refunding Capital Loan Notes of the City of Dubuque, Iowa, and providing for publi- cation of notice thereof was adopted, setting a public hearing to commence at 6:30 p.m. on March 15, 2021. RESOLUTION No. 59-21 FIXING DATE FOR A MEETING ON THE AU- THORIZATION OF A LOAN AND DISBURSE- MENT AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $24,000,000 GENERAL OBLIGATION ANNUAL APPROPRIATION REFUNDING CAPITAL LOAN NOTES OF THE CITY OF DUBUQUE, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF Whereas, it is deemed necessary and ad- visable that the City of Dubuque, Iowa, should provide for the authorization of a Loan and Dis- bursement Agreement and the issuance of General Obligation Annual Appropriation Re- funding Capital Loan Notes to the amount of not to exceed $24,000,000, as authorized by Sec- tions 384.24A and 384.25, Code of Iowa, as amended, for the purpose of providing funds to pay costs of carrying out an essential corporate purpose project as hereinafter described; and Whereas, the Loan and Disbursement Agreement and Notes shall be payable from the Debt Service Fund, if not abated from other sources; and Whereas, before a Loan and Disbursement Agreement may be authorized and General Ob- ligation Annual Appropriation Refunding Capital Loan Notes issued to evidence the obligation of the City thereunder, it is necessary to comply with the provisions of the City Code of Iowa, as amended, and to publish a notice of the pro- posal and of the time and place of the meeting at which the Council proposes to take action for the authorization of the Loan and Disbursement Agreement and Notes and to receive oral and/or written objections from any resident or property owner of the City to such action. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That this Council meet via elec- tronic means, at 6:30 p.m., on the 15th day of March, 2021, for the purpose of taking action on the matter of the authorization of a Loan and Disbursement Agreement and the issuance of not to exceed $24,000,000 General Obligation Annual Appropriation Refunding Capital Loan Notes to evidence the obligations of the City thereunder for an essential corporate purpose of the City, the proceeds of which will be used to pay costs of the settlement, adjustment, re- newing, or extension of any part or all of the le- gal indebtedness of a city, whether evidenced 70 Regular Session, March 1, 2021 Book 151 by bonds, warrants, or judgments, or the fund- ing or refunding of the same, including the Stormwater Revenue Capital Loan Notes, Se- ries 2015B, dated June 19, 2015, and amended September 8, 2017. Section 2. The Clerk is authorized and di- rected to proceed on behalf of the City with the negotiation of terms of a Loan and Disburse- ment Agreement and the issuance of General Obligation Annual Appropriation Refunding Capital Loan Notes evidencing the City's obli- gations to a principal amount of not to exceed $24,000,000, to select a date for the final ap- proval thereof, to cause to be prepared such no- tice and sale information as may appear appro- priate, to publish and distribute the same on be- half of the City and this Council and otherwise to take all action necessary to permit the com- pletion of a loan on a basis favorable to the City and acceptable to the Council. Section 3. 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, pub- lished 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 issuance of said Notes. Section 4. The notice of the proposed action shall be in substantially the [provided] form: Passed and approved this 1st day of March 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 op- tions. The City Council agenda can be ac- cessed at https://cityofdubugue.novu- sagenda.com/AgendaPublic/ or by contacting the City Clerk's Office at 563-589-4100, ctyclerk(cDcityofdubugue.org.] BOARDS/COMMISSIONS 1. Applicants were invited to address the City Council regarding their appointment to the following Boards/Commissions. i. Community Development Advisory Com- mission: One, 3-Year term through February 15, 2023 (Expiring term of Woodyard). Appli- cant: Julie Woodyard, 2015 Washington St. ii. Housing Appeals and Mediation Board — Newly Amended Board: One, 3-Year term through January 1, 2024. Applicant: Luke Hoff- mann, 991 June Dr. iii. Zoning Board of Adjustment: One, 5- Year term through March 25, 2026 (Expiring term of McCoy). Applicant: Jonathan McCoy, 263 Main St. This commission is subject to the State of Iowa Gender Balance Law. 5 Commis- sioners total; currently 3 males/2 females PUBLIC HEARINGS 1. Human Rights Commission Request for Commissioner Removal: Proof of publication on notice of public hearing for City Council to con- sider adoption of a resolution removing Com- missioner Ashley Regan from the Human Rights Commission pursuant to Title 8, Chapter 2, Section 8-2-12 of the Human Rights Ordi- nance, and Human Rights Commission recom- mended approval. Motion by Jones to receive and file the documents and adopt Resolution No. 60-21 Removing a Commissioner from the Human Rights Commission. Seconded by Sprank. Responding to a question from the City Council regarding attempts to contact to the Commissioner, City Attorney Brumwell stated that the Human Rights Commission contacted the Commissioner multiple times. City staff pro- vided notice to the Commissioner of this public hearing and published notice of this public hear- ing in the newspaper. City Council stated the importance of communicating attendance re- quirements to commissioners. Motion carried 7- 0. RESOLUTION NO. 60-21 REMOVING A COMMISSIONER FROM THE HUMAN RIGHTS COMMISSION Whereas, the City of Dubuque, Iowa Human Rights Commission is governed by Title 8 of the City of Dubuque Code of Ordinances; and Whereas, § 8-2-10 of the Code of Ordi- nances establishes the requirement for attend- ance at commission meetings as follows: 8-2-10: MEETINGS: D. Attendance: 1. In the event a commissioner has been absent for three (3) or more con- secutive meetings of the commission, without being excused by the chairper- son, such absence will be grounds for the commission to recommend to the city council that the position be de- clared vacant and a replacement ap- pointed. 2. Attendance must be entered upon the minutes of all meetings; and Whereas, the Human Rights Commission has recommended to the City Council that Ash- ley Regan be removed from the Commission for failure to comply with the attendance require- ments, such recommendation attached as Ex- hibit A; and Whereas, § 8-2-12 of the Code of Ordi- nances authorizes removal of a commissioner Book 151 Regular Session, March 1, 2021 71 for cause upon written charges and after public hearing; and Whereas, a public hearing was set for March 1, 2021, and notice was mailed to Ashley Regan and published in accordance with Iowa Code §362.3; and Whereas, the City Council held a public hearing on the question of removing Commis- sioner Ashley Regan from the Human Rights Commission on March 1, 2021. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council hereby removes Ashley Regan from the Human Rights Commis- sion for noncompliance with the attendance re- quirement of the Code of Ordinances. Section 2. The City Clerk is hereby author- ized and directed to begin recruitment for ap- pointment to the Human Rights Commission to fill the seat created by this removal. Passed, approved, and adopted this 1st day of March 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 2. Public Hearing for Resolution Establish- ing Maximum Property Tax Dollars for FY22: Proof of publication on notice of public hearing to consider approval of the FY22 Resolution Es- tablishing Maximum Property Tax Dollars, and City Manager recommended approval. Motion by Cavanagh to receive and file the documents and adopt Resolution No. 61-21 Approval of the FY22 Maximum Property Tax Dollars for the Af- fected Tax Levy Total. Seconded by Jones. The City Manager made a presentation. Highlights included: FY22 recommended property tax rate; FY22 recommended budget improvement packages; public hearing options. Responding to questions from the City Council, City Man- ager Van Milligen and Director of Finance and Budget Jennifer Larson stated that the property tax rate could be lowered during the budget pro- cess and the lower rate that was recommended to the City Council at the February 15th City Council meeting was $9.89. City Council dis- cussed the options for the property tax rate. Mo- tion carried 6-1 with Resnick voting nay. RESOLUTION NO. 61-21 APPROVAL OF THE FY22 MAXIMUM PROP- ERTY TAX DOLLARS FOR THE AFFECTED TAX LEVY TOTAL Whereas, pursuant to State of Iowa SF634, the City of Dubuque is required to hold a public hearing to consider the proposed FY22 city maximum property tax dollars for the affected levy total; and Whereas, the City Council have considered the proposed FY22 city maximum property tax dollars for the affected levy total; and Whereas, a notice concerning the proposed city maximum property tax dollars was pub- lished as required and posted on city web site and/or social media accounts if applicable; and Whereas, a public hearing concerning the proposed city maximum property tax dollars was held on March 1, 2021. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA THAT: Section 1. The maximum property tax dol- lars for the affected tax levies for FY22 shall not exceed the following total: Total maximum levy for affected prop- erty tax levies $26,349,612 Section 2. The maximum property tax dol- lars requested in the total maximum levy for FY22 represents an increase less than 102% from the maximum property tax dollars re- quested for Fiscal Year 2021. Passed, adopted, and approved this 1st day of March 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk PUBLIC INPUT Due to the COVID-19 pandemic and man- dates for social distancing, public input was made available through GoToMeeting chat function, City Council and City Clerk email ac- counts, and the City of Dubuque's Facebook Live page. Allison Kaune, 155 Fremont Ave., spoke on behalf of the Educational Justice Group in support of adopting a Source of In- come Ordinance, related to Action Item #3 on the agenda. ACTION ITEMS 1. Greater Dubuque Development Corpora- tion - Quarterly Update: President and CEO Rick Dickinson presented the quarterly update on the activities of the Greater Dubuque Devel- opment Corporation. Topics included partner- ing with the Dubuque Area Chamber of Com- merce to contact employers to provide COVID- 19 vaccine information and sharing recent workforce metrics. Motion by Resnick to receive and file the information. Seconded by Roussell. Motion carried 7-0. 2. Adoption of Dubuque Community Equita- ble Poverty Reduction and Prevention Plan: City Manager recommended City Council adop- tion of the Dubuque Community Equitable Pov- erty Reduction and Prevention Plan. Motion by Cavanagh to receive and file the information, approve the plan, and view the presentation. Seconded by Resnick. Planning Services Man- ager Wally Wernimont made a presentation. Topics included: purpose of the project; how the 72 Regular Session, March 1, 2021 Book 151 project was executed; presentation of the draft plan; and revised plan based on City Council comments. Motion carried 7-0. 3. Source of Income Annual Report and Recommendation from the Housing Commis- sion: City Manager transmitted the 2020 Source of Income Annual Report and recommendation from the Housing Commission for review, file, and direction by the City Council. Motion by Resnick to receive and file the documents and view the presentation. Seconded by Cavanagh. Housing and Community Development Director Alexis Steger made a presentation. Topics in- cluded: rental assistance programs; 2020 hous- ing choice voucher impact; source of income or- dinance review; recommendations; rental li- cense updates from 2020; assisted units by census tract; vouchers accepted by census tract; housing choice vouchers accepted vs. all rental units; affordable unit creation 2015-2020; housing commission recommendation; staff recommendations; education and outreach. Ms. Steger responded to questions from the City Council regarding the number of available units, voucher costs for participants, the system maintained by Housing and Urban Develop- ment (HUD) for documenting tenant issues, reasons why landlords will not accept housing choice vouchers, and 2020 data on damaged apartments by housing choice voucher renters. City Attorney Brumwell responded to questions from the City Council regarding potential State actions that may occur if the city passes a Source of Income (SOI) Ordinance but then the State of Iowa adopts legislation banning cities from adopting SOI ordinances. City Council dis- cussed the options and the challenges of the State's potential legislation. Council Member Resnick amended his motion to receive and file the documents, view the presentation, and to set the first possible date for City Council to re- address the issue to a date after the Iowa State legislature has made its decision on their Source of Income legislation. Council Member Jones recommended the City Council adopt an ordinance with a delayed effective date of July 1, 2021. Either the ordinance would not take ef- fect if the State legislators enacted legislation banning City SOI ordinances, or the City Coun- cil can adopt the SOI ordinance if the State does not enact such legislation. Council Mem- ber Resnick declined the recommendation and stated that he would like to maintain the current amended motion. Council Member Cavanagh declined to second the amended motion. Coun- cil Member Roussell seconded the amended motion. Motion carried 6-1 with Cavanagh vot- ing nay. 4. Request to Schedule Work Session on Police Department's Current Activities and Initi- atives Around Brain Health: City Manager re- quested the City Council schedule a work ses- sion for April 19, 2021, at 5:30 p.m. for a presentation on Dubuque Police Department Brain Health Initiatives. Motion by Resnick to receive and file the documents and set the work session as recommended. Seconded by Jones. No schedule conflicts were expressed. Motion carried 7-0. 5. Request to Schedule Monthly Work Ses- sion on COVID-19 Response: City Manager re- quested the City Council schedule a work ses- sion for May 3, 2021, at 5:30 p.m. to receive up- dates on the COVID-19 response. Motion by Resnick to receive and file the documents and set the work session as recommended. Se- conded by Roussell. No schedule conflicts were expressed. Motion carried 7-0. 6. Submission of Fiscal Year Ended June 30, 2020, Comprehensive Annual Financial Re- port (CAFR) and Auditor's Communication with Those Charged with Governance: City Man- ager transmitted the Fiscal Year 2020 Compre- hensive Annual Financial Report (CAFR) and Auditor's Communication with Those Charged with Governance Letter. Motion by Resnick to receive and file the documents and view the presentation. Seconded by Cavanagh. Assis- tant Director of Finance and Budget Cassie Ross made a presentation. Topics included: types of independent auditor's opinion; compli- ance audit; benefits of an audit; audit results; government -wide summary; general fund reve- nue; tax revenue three-year history; general fund revenue three-year history; general fund expenditures; general fund expenditures three- year history; comparison of general fund bal- ances; net investment in capital assets; un- funded legacy costs; audit and compliance au- dit results; and changes made. Motion carried 7-0. 7. Presentation of the City Manager's FY22 Budget Recommendation: City Manager pre- sented the FY22 Budget recommendation. Mo- tion by Resnick to receive and file the infor- mation and view the presentation. Seconded by Jones. The City Manager provided a presenta- tion. Topics included: recommended FY22 property tax rate comparison; recommended FY22 property taxes per capita; percent of legal debt limit utilized; general fund reserve; retired debt vs. new debt; reduction of statutory debt limit used; city utilities; comparisons to Iowa's largest cities; city utility assistance; recom- mended improvement packages; public safety; 2019 median household income; 10-year aver- age annual growth rate; 2019 median housing value; and median housing value 10-year aver- age annual growth rate. City Manager Van Mil- ligen responded to a question from the Book 151 Regular Session, March 1, 2021 73 City Council regarding Dubuque's average growth rate compared to Sioux City. Motion car- ried 7-0. COUNCIL MEMBER REPORTS City Council Members individually acknowl- edged Council Member Lynch for serving as the Ward 1 Council Member when the seat became vacant in 2020. Mr. Lynch's service as the Ward 1 Council Member concludes on March 8, 2021, as the candidate elected in the March 2, 2021, Ward 1 Special Election will begin their term on March 8. Council Member Jones encouraged Ward 1 registered voters to vote in the March 2 Special Election. There being no further business, Mayor Buol declared the meeting adjourned at 9:36 p.m. /s/Adrienne N. Breitfelder, City Clerk 74 Special Session, March 3, 2010 Book 151 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 6:30 p.m. on March 3, 2021. Due to the COVID-19 pandemic and man- dates 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.citvofdubuque.org/me- dia, and streamed live on the City's Facebook page at www.facebook.com/citVofdubuque. Present: Mayor Buol; Council Members Cavanagh, Jones, Lynch, Resnick, Roussell, Sprank; City Manager Van Milligen, City Attor- ney Brumwell Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of conducting public hearings on cer- tain FY22 Departmental Budgets. PUBLIC HEARINGS FY22 Departmental Budgets City Clerk Breitfelder stated for the record that there was an update to the agenda. Media Services Division FY22 Budget Presentation, listed as Public Hearing #8 on the agenda, will be presented as part of Public Hearing #5: Pub- lic Information Office FY22 Budget Presenta- tion. FY22 City departmental budgets were pre- sented by staff from the following departments: 1. Information Services Department: Chris Kohlmann, Information Services Manager; 2. City Attorney's Office (Legal Services): Crenna Brumwell, City Attorney; 3. City Clerk's Office: Adrienne Breitfelder, City Clerk; 4. Human Resources Department: Shelley Stickfort, Human Resources Director; 5. Public Information Office and Media Ser- vices: • Public Information Office (PIO) and Media Services: Randy Gehl, Public Information Officer; • Geographic Information System (GIS): Nikki Rosemeyer, GIS Coordinator; 6. City Manager's Office: • City Manager's Office: Cori Burbach, Assistant City Manager; • Sustainable Community Office and Neighborhood Development: Gina Bell, Sustainability Coordinator; 7. City Council: Michael Van Milligen, City Manager. Staff responded to questions from the City Council following their respective presentation. There being no further business, Mayor Buol declared the meeting adjourned at 9:40 p.m. /s/Adrienne N. Breitfelder, City Clerk Book 151 Special Session, March 8, 2021 75 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 6:30 p.m. on March 4, 2021. Due to the COVID-19 pandemic and man- dates 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.citvofdubuque.org/me- dia, and streamed live on the City's Facebook page at www.facebook.com/citvofdubuque. Present: Mayor Buol; Council Members Cavanagh, Jones, Lynch, Resnick, Roussell, Sprank; City Manager Van Milligen. Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of conducting public hearings on cer- tain FY22 Departmental Budgets. PUBLIC HEARINGS FY22 Departmental Budgets FY22 City departmental budgets were pre- sented by staff from the following departments: 1. Health Services: Mary Rose Corrigan, Public Health Specialist; 2. Human Rights Department: Kelly Larson, Human Rights Director and Collins Eboh, Or- ganizational Equity Coordinator; 3. Carnegie -Stout Public Library: Susan Henricks, Library Director; 4. Dubuque Regional Airport: Todd Dalsing, Airport Director; 5. Finance and Budget Department: Jenny Larson, Director of Finance and Budget. Staff responded to questions from the City Council following their respective presenta- tions. There being no further business, Mayor Buol declared the meeting adjourned at 8:43 p.m. /s/Adrienne N. Breitfelder, City Clerk CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 6:30 p.m. on March 8, 2021. Due to the COVID-19 pandemic and man- dates 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.cityofdubuque.org/me- dia, and streamed live on the City's Facebook page at www.facebook.com/citvofdubuque. Present: Mayor Buol; Council Members Cavanagh, Farber, Jones, Resnick, Roussell, Sprank; City Manager Van Milligen, City Attor- ney Brumwell. Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of conducting public hearings on cer- tain FY22 Departmental Budgets and for con- ducting such business that may properly come before the City Council. City Clerk Breitfelder announced the voting roll call order for the meeting as: Jones, Res- nick, Farber, Roussell, Buol, Cavanagh, Sprank. SWEARING -IN 1. Swearing -In of Council Member -Elect and Mayor Pro Tem: Mayor Buol administered the Oath of Office to Council Member -Elect and Mayor Pro Tern Susan R. Farber (Ward 1). PUBLIC HEARINGS 1. FY 2022 Community Development Block Grant Annual Action Plan: Proof of publication on notice of public hearing to consider approval of a resolution adopting the Community Devel- opment Block Grant Annual Action Plan for in- clusion in the City's FY22 budget and directing staff to transmit the plan to the U.S. Department of Housing and Urban Development, and City Manager recommended approval. Motion by Resnick to receive and file the documents and adopt Resolution No. 62-21 Adopting the FY22 (Program Year 2021) Community Development Block Grant (CDBG) Annual Action Plan for in- clusion in the City budget. Seconded by Cavanagh. Housing and Community Develop- ment Director Alexis Steger provided a presen- tation outlining the program and responded to questions from the City Council following the presentation. Motion carried 7-0. 76 Special Sessions, March 4 and 8, 2021 Book 151 RESOLUTION NO. 62-21 ADOPTING THE FY22 (PROGRAM YEAR 2021) COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN FOR INCLUSION IN THE CITY BUDGET Whereas, the City of Dubuque, through a series of public meetings and hearings, pro- posed a FY22 (Program Year 2021) Commu- nity Development Block Grant Annual Action Plan for inclusion in the City Budget addressing housing and non -housing needs in the commu- nity; and Whereas, the City Council has held a public hearing on the proposed plan on March 8, 2021. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Community Develop- ment Block Grant FY22 (Program Year 2021) Annual Action Plan, attached hereto and by this reference made a part hereof, is hereby adopted for inclusion in the FY22 City Budget on March 8, 2021. Section 2. The City Manager is hereby au- thorized to directed staff to prepare and submit to the United States Department of Housing and Urban Development the FY22 (Program Year 2021) Annual Action Plan with all related documents, for the use of Community Develop- ment Block Grant funds based on this adopted budget and execute standard contracts and agreements. Passed, approved and adopted this 8th day of March 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk FY22 DEPARTMENTAL BUDGET REVIEW FY22 City departmental budgets were pre- sented by staff from the following departments: 1. Housing and Community Development Department: Alexis Steger, Housing and Com- munity Development Director; 2. Planning Services Department: Wally Wernimont, Planning Services Manager; 3. Economic Development Department: Jill Connors, Economic Development Director, and Jenni Peterson -Brant, Arts and Cultural Affairs Coordinator; 4. Transportation Services Department: Russell Stecklein, Acting Transportation Ser- vices Director; Staff responded to questions from the City Council following their respective presenta- tions. Following the Housing and Community Development Department's presentation, Lynn Sutton, 859 Air Hill Street, co-chair of Friends of Fair Housing, requested City Council recon- sider fair housing testing in the Housing and Community Development Department budget. Rick Baumhover, 601 Garfield, Chair of the Housing Commission, provided input on the City's Facebook page complementing Housing and Community Development Department staff. Following the Planning Services Depart- ment's presentation, Kyle FitzGerald, 1240 Uni- versity Avenue, provided input on the City's Fa- cebook page complementing Planning Services staff. Following the Economic Development De- partment's presentation, Kyle FitzGerald, 1240 University Avenue, provided input on the City's Facebook page asking how the City can obtain additional funding for cultural activities in Dubu- que and what the most important drivers are for economic development in Dubuque. Ms. Con- nors responded that there are multiple drivers for economic development in a city and pro- vided various examples. Following the Transportation Services De- partment presentation, Greg Orwell, Executive Director for DuRide, spoke in support of funding and described DuRide's services during the COVID-19 Pandemic. ACTION ITEMS 1. FY 2020 Consolidated Annual Perfor- mance and Evaluation Report (CAPER) July 1, 2019 to June 30, 2020: City Manager recom- mended City Council approval of a resolution authorizing submission of the Consolidated An- nual Performance and Evaluation Report (CA- PER) for the period of July 1, 2019 through June 30, 2020, to the U.S. Department of Hous- ing and Urban Development Community Plan- ning Division. Motion by Jones to receive and file the documents and adopt Resolution No. 63-21 Authorizing the submission of a Consoli- dated Annual Performance and Evaluation Re- port (CAPER) for the period commencing July 1, 2019 and concluding June 30, 2020. Se- conded by Resnick. Motion carried 7-0. RESOLUTION NO. 63-21 AUTHORIZING THE SUBMISSION OF A CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER) FOR THE PERIOD COMMENCING JULY 1, 2019, AND CONCLUDING JUNE 30, 2020 Whereas, the City of Dubuque, Iowa, is an entitlement grant recipient under the Commu- nity Development Block Grant (CDBG) Pro- gram of the U.S. Department of Housing and Urban Development (HUD); and Book 151 Special Session, March 8, 2021 77 Whereas, the CDBG regulations require each entitlement recipient must submit a perfor- mance and evaluation report, Consolidated An- nual Performance and Evaluation Report (CA- PER); and Whereas, the City has 1) prepared a CA- PER for the program year commencing July 1, 2019 and concluding June 30, 2020; 2) pub- lished notice of availability of the CAPER in the Telegraph Herald and City of Dubuque and; 3) made copies of the CAPER available for public review; 4) held a public hearing pursuant to re- quired 15-days published notice before the Community Development Advisory Commis- sion on March 2, 2021; and Whereas, the Community Development Ad- visory Commission has voted to approve the CAPER and to recommend City Council ap- proval for timely submission to HUD. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Consolidated Annual Performance and Evaluation Report (CAPER) for the period commencing July 1, 2019, and concluding June 30, 2020 is hereby approved for submission. Section 2. That the Mayor of the City of Dubuque is hereby authorized and directed to execute the Consolidated Annual Performance and Evaluation Report (CAPER) on behalf of the City of Dubuque, Iowa. Section 3. That the City Manager is hereby authorized to direct staff to submit the Consoli- dated Annual Performance and Evaluation Re- port (CAPER) along with any public comment to the U.S. Department of Housing and Urban De- velopment. Passed, approved and adopted this 8"' day of March 2021 Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk There being no further business, Mayor Buol declared the meeting adjourned at 8:55 p.m. /s/Adrienne N. Breitfelder, City Clerk CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 6:30 p.m. on March 9, 2021. Due to the COVID-19 pandemic and man- dates 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.cityofdubuque.org/me- dia, and streamed live on the City's Facebook page at www.facebook.com/citVofdu bug ue. Present: Mayor Buol; Council Members Cavanagh, Farber, Jones, Resnick, Roussell, Sprank; City Manager Van Milligen. Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of conducting public hearings on cer- tain FY22 Departmental Budgets. PUBLIC HEARINGS FY22 Departmental Budgets FY22 City departmental budgets were pre- sented by staff from the following departments: 1. Purchase of Services: Cori Burbach, As- sistant City Manager; Leisure Services Department: • Five Flags Civic Center: Marie Ware, Leisure Services Manager; • Grand River Center (Conference Cen- ter): Marie Ware, Leisure Services Man- ager; • Park Division: Steve Fehsal, Park Divi- sion Manager; • Multicultural Family Center: Jacqueline Hunter, Multicultural Family Center Di- rector; • AmeriCorps: Heather Satterly, Ameri- Corps Program Director; • Recreation Division: Dan Kroger, Recre- ation Division Manager. Staff responded to questions from the City Council following their respective presenta- tions. Following the Park Division Budget presentation, Erin Dragotto, Vice President of Development for the Dubuque County Histori- cal Society, provided an overview of the organ- ization's partnership with the City in relation to the Mathias Ham House. Cyndy Nachtman, Creekwood Drive, provided input through the 78 Special Session, March 11, 2021 Book 151 City's Facebook page with questions regarding the sustainability of the lighting at City parks. Mr. Fehsal stated that his department has been working with the Engineering department on light options for the parks. Tom Greene, Davis Street, provided input through the City's Face - book page with questions regarding Park Ranger shifts and signage at Eagle Point Park to remind the public that pets are not permitted in the park. Mr. Fehsal stated that Park Rangers will return to their regular schedule this year af- ter last year's shifts were reduced due to the COVID-19 pandemic. Mr. Fehsal also stated that the department is working on additional sig- nate at Eagle Point Park to remind the public that pets are not permitted on park grounds. There being no further business, Mayor Buol declared the meeting adjourned at 9:23 p.m. /s/Adrienne N. Breitfelder, City Clerk CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 6:30 p.m. on March 11, 2021. Due to the COVID-19 pandemic and man- dates 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.cityofdubuque.org/me- dia, and streamed live on the City's Facebook page at www.facebook.com/cityofdu bug ue. Present: Mayor Buol; Council Members Cavanagh, Farber, Jones, Resnick, Roussell, Sprank; City Manager Van Milligen. Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of setting the public hearing on the FY22 City Budget and conducting public hear- ings on certain FY22 Departmental Budgets. ITEMS SET FOR PUBLIC HEARING 1. Set Public Hearing on FY22 City Budget: City Manager recommended that the City Council set a public hearing for March 24, 2021, on the FY22 City budget, operating and capital improvement program, for the City of Dubuque. Motion by Jones to receive and file the docu- ments and adopt Resolution No. 64-21 Setting the date for the public hearing on the FY22 budget as amended for the City of Dubuque and Resolution No. 65-21 Setting the date for the public hearing on the Five -Year Capital Im- provement Program for Fiscal Years 2022 through 2026 for the City of Dubuque. Se- conded by Resnick. Point of Order by Council Member Cavanagh that the motion did not in- clude setting the public hearing. Mayor Buol stated that the motion will include setting the public hearing. City Manager Van Milligen re- sponded to questions from the City Council re- garding how recent Federal legislation on COVID-19 stimulus will impact the City's budget. Mayor Buol restated the motion as to receive and file the documents, adopt the reso- lutions, and set the public hearing as indicated. Motion carried 7-0, setting a public hearing for a meeting to commence at 6:30 p.m. on March 24, 2021. RESOLUTION NO. 64-21 SETTING THE DATE FOR THE PUBLIC HEARING ON THE FY22 BUDGET AS AMENDED FOR THE CITY OF DUBUQUE Book 151 Special Session, March 11, 2021 79 Whereas, Iowa Code Section 384.16 pro- vides that the City Council shall set a time and place for a public hearing on the FY22 budget before the final budget certification date and shall publish notice before the hearing as pro- vided in Iowa Code Section 362.3. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the City Council shall con- duct a public hearing on the proposed FY22 budget as amended for the City of Dubuque in the City Council Chambers virtually on Wednesday, March 24, 2021, beginning at 6:30 p.m. Section 2. That the City Clerk be and is hereby authorized and directed to publish no- tice of the public hearing, according to law, to- gether with the required budget information. Passed, approved, and adopted this 11'h day of March 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk RESOLUTION NO. 65-21 SETTING THE DATE FOR THE PUBLIC HEARING ON THE FIVE-YEAR CAPITAL IM- PROVEMENT PROGRAM FOR FISCAL YEARS 2022 THROUGH 2O26 FOR THE CITY OFDUBUQUE Whereas, a proposed Five -Year Capital Im- provement Program for the City of Dubuque for Fiscal Years 2022 through 2026 has been pre- pared and submitted to the City Council; and Whereas, the capital projects for the first year of the program are included in the FY22 budget for the City of Dubuque; and Whereas, it is deemed to be in the best in- terest of the City of Dubuque to conduct a public hearing and adopt the five-year Capital Im- provement Program simultaneously with the public hearing and adoption of the FY22 budget for the City of Dubuque. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the City Council shall con- duct a public hearing on the five-year Capital Improvement Program for Fiscal Years 2022 through 2026 virtually on Wednesday, March 24, 2020, beginning at 6:30 p.m. Section 2. That the City Clerk be and is hereby authorized and directed to publish no- tice of the public hearing. Passed, approved, and adopted this 11th day of March 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 no later than 24 hours prior to the meet- ing and will contain listening, viewing, and pub- lic input options. The City Council agenda can be accessed at https://cityofdubuaue.novu- sagenda.com/AgendaPublic/ or by contacting the City Clerk's Office at 563-589-4100, ctyclerk cityofdubugue.org.] PUBLIC HEARINGS FY22 City departmental budgets were pre- sented by staff from the following departments: 1. Emergency Management: Tom Berger, Emergency Management Coordinator; 2. Emergency Communications: Mark Mur- phy, Emergency Communications Manager; 3. Police Department: Mark Dalsing, Police Chief and Jeremy Jensen, Assistant Police Chief; 4. Fire Department: Rick Steines, Fire Chief. Staff responded to questions from the City Council following their respective presenta- tions. Following the Fire Department's presen- tation, Kyle FitzGerald, 1240 University Ave- nue, provided input through the City's Face - book page complementing Emergency Ser- vices staff. There being no further business, Mayor Buol declared the meeting adjourned at 8:43 p.m. /s/Adrienne N. Breitfelder, City Clerk 80 Regular Session, March 15, 2021 Book 151 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on March 15, 2021. Due to the COVID-19 pandemic and man- dates for social distancing, this meeting was conducted virtually and aired live on CityChan- nel Dubuque (Mediacom cable channels 8 and 117.2), streamed live on the City's website at www.cityofdubuque.org/media, and streamed live on the City's Facebook page at www.face- book.com/cityofdubuque. Present: Mayor Buol; Council Members Cavanagh, Farber, Jones, Resnick, Roussell, Sprank; City Manager Van Milligen, City Attor- ney 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. Red Cross Everyday Heroes Award Recognition for Bill Gansen and Daniel "Joe" Mayne: Stephen Geisz, Incoming Chair of the Red Cross Eastern Iowa Board of Directors, made a presentation recognizing Bill Gansen and Daniel "Joe" Mayne, of the Public Works Department, as American Red Cross Everyday Heroes Award recipients. City Staff presented a video from the American Red Cross. 2. Iowa Conservation Education Coalition Award Recognition for Bev Wagner: Sarah Subbert, Chair of the Iowa Association of Natu- ralist's Awards Committee, made a presenta- tion recognizing Environmental Educator Bev Wagner for receiving the Bohumil Shimek Envi- ronmental Educator Award: For Outstanding Ef- forts by an Environmental Educator. 3. COVID-19 Update: Mary Rose Corrigan, Public Health Specialist for the City of Dubu- que, provided an update on the COVID-19 pan- demic and response activities. CONSENT ITEMS Motion by Resnick to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Jones. Motion carried 7-0. 1. Minutes and Reports Submitted: City Council Proceedings of 3/1; Arts and Cultural Affairs Commission of 11/24, 1/5 and 1/26; Ca- ble TV Commission of 1/8; Community Devel- opment Advisory Commission of 2/22; Housing Commission of 2/23; Human Rights Commis- sion of 2/8; Library Board of Trustees of 1/28; Library Board of Trustees Council Update #207 of 2/25; Zoning Advisory Commission of 3/3; Proof of Publication for City Council Proceed- ings of 2/1 and 2/15; Proof of Publication for List of Claims and Summary of Revenues for Month Ending 1/31. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: John Peiffer for vehicle damage. Upon motion the docu- ments were received, filed, and referred to the City Attorney. 3. Disposition of Claims: City Attorney ad- vised that the following claims have been re- ferred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: John Peiffer for vehicle damage. Upon motion the documents were received, filed, and concurred. 4. Approval of City Expenditures: City Man- ager recommended City Council approval for payment of City expenditures. Upon motion the documents were received and filed, and Reso- lution No. 66-21 Authorizing the Director of Fi- nance and Budget/City Treasurer to make cer- tain payments of bills that must be paid and ap- proved for payment in accordance with City pro- cedures was adopted. RESOLUTION NO. 66-21 AUTHORIZING THE DIRECTOR OF FI- NANCE AND BUDGET / CITY TREASURER TO MAKE CERTAIN PAYMENTS OF BILLS THAT MUST BE PAID AND APPROVED FOR PAYMENT IN ACCORDANCE WITH CITY PROCEDURES 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 De- partment personnel in accordance with gener- ally accepted internal control procedures and have been determined to have been requisi- tioned for a lawful municipal purpose; and Whereas, the Finance Director -City Treas- urer 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 Book 151 Regular Session, March 15, 2021 81 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 pay- ment of certain expenditures known as Excep- tion 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 Treas- urer is hereby authorized to issue payment for goods and services provided for City purposes in response to the purchase orders and con- tracts issued in compliance with state and mu- nicipal code requirements as requested by des- ignated requisitioning authorities in accordance with approved budget appropriations. Section 2. In accordance with Iowa Code Section 372.13(6), the City Clerk and Finance Director are hereby authorized and directed to provide the statement of receipts and disburse- ments to the City Council, and to publish a sum- mary thereof. Passed, approved, and adopted this 15th day of March 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 5. Pre -Annexation Agreement - Royal Oaks Development Corporation: City Manager rec- ommended approval of a Pre -Annexation Agreement with Royal Oaks Development Cor- poration for the subject property. Upon motion the documents were received and filed, and Resolution No. 67-21 Approving a Pre -Annexa- tion Agreement between the City of Dubuque, Iowa and Royal Oaks Development Corpora- tion was adopted. RESOLUTION NO. 67-21 APPROVING A PRE -ANNEXATION AGREE- MENT BETWEEN THE CITY OF DUBUQUE, IOWA, AND ROYAL OAKS DEVELOPMENT CORPORATION Whereas, Royal Oaks Development Corpo- ration, the owner of the following described property in Dubuque County, Iowa (the Prop- erty) have submitted to the City Council of the city of Dubuque an application for voluntary an- nexation of the Property to the City of Dubuque: Lot 1 of the North 1/2 of the NE 1 /4, Sec- tion 12, T.88N.R.2E of the 5th P.M., Dubuque County, Iowa; and Whereas, Royal Oaks Development Corpo- ration has entered into a Pre -annexation Agree- ment with the City of Dubuque, a copy of which is attached hereto governing the future annex- ation 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 author- izes 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 or- derly 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 an- nexation of the Property is in the public interest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The Pre -annexation Agreement by and between Royal Oaks Development Cor- poration and the City of Dubuque is hereby ap- proved. Passed, approved, and adopted this 15th day of March 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 6. Final Plat of Table Mound Acres: Zoning Advisory Commission recommended that the City Council approve the Final Plat of Table Mound Acres subject to waiving the Lot front- age requirement for Lot 1 and Lot 2. Upon mo- tion the documents were received and filed, and Resolution No. 68-21 Approving the Final Plat of Table Mound Acres in Dubuque County, Iowa was adopted. RESOLUTION NO. 68-21 APPROVING THE FINAL PLAT OF TABLE MOUND ACRES IN DUBUQUE COUNTY, IOWA Whereas, there has been filed with the City Clerk a Final Plat of Table Mound Acres in Dubuque County, Iowa that is within the City's 2-mile extraterritorial jurisdiction; and Whereas, said Final Plat of Survey has been examined by the Zoning Advisory Com- mission and its approval has been endorsed thereon; and Whereas, said Plat of Survey has been ex- amined by the City Council and they find that it conforms to the statues and ordinances relating thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the Final Plat of Table Mound Acres in Dubuque County, Iowa is hereby approved, and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said Final Plat of Survey. Passed, approved, and adopted this 15th day of March 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 82 Regular Session, March 15, 2021 Book 151 7. Proposed Downtown Rehabilitation Grant Award for 1043-1053 Main Street: City Man- ager recommended approval of a Downtown Rehabilitation Grant Award to JTM Properties, LLC in the maximum amount of $40,000 for Fa- gade and Planning and Design Grants to create two second floor apartment units and rehabili- tate the first -floor commercial space at 1043- 1053 Main Street. Upon motion the documents were received and filed, and Resolution No. 69- 21 Approving a Grant Agreement between the City of Dubuque, Iowa and JTM Properties, LLC for the Redevelopment of 1043-1053 Main Street was adopted. RESOLUTION NO. 69-21 APPROVING A GRANT AGREEMENT BE- TWEEN THE CITY OF DUBUQUE, IOWA AND JTM PROPERTIES, LLC FOR THE REDE- VELOPMENT OF 1043-1053 MAIN STREET Whereas, JTM Properties, LLC is the owner of the building at 1043-1053 Main Street in the City of Dubuque, Iowa (the "Development Prop- erty") legally described as: The North One-half of Lot 43 in the City of Dubuque, Iowa according to the United States Commissioners' Map of the Survey of the Town of Dubuque, Iowa; and The Southerly half of Lot 43 in the City of Dubuque, Iowa, according to the United States Commissioners' Map of the Survey of the Town of Dubuque, Iowa; and Whereas, JTM Properties, LLC has applied to the City of Dubuque Economic Development Department (the "City") for a Downtown Hous- ing Incentive Grant, a Fagade Grant, and a Planning and Design Grant (the "Grants") for the rehabilitation of the Development Property (the "Project"); and Whereas, the Project is eligible for the Grants; and Whereas, City and JTM Properties, LLC has tentatively entered into a Grant Agreement for the Development Property (the "Grant Agree- ment"), a copy of which is attached hereto; and Whereas, it is the determination of the City Council that approval of the Grant Agreement for redevelopment of the Development Property by JTM Properties, LLC, according to the terms and conditions set out in the Grant Agreement, is in the public interest of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Grant Agreement be- tween the City of Dubuque and JTM Properties, LLC is hereby approved. Section 2. That the Mayor is hereby author- ized and directed to execute the Grant Agree- ment on behalf of the City of Dubuque and the City Clerk is authorized and directed to attest to his signature. Section 3. That the City Manager is author- ized to take such actions as are necessary to comply with the terms of the Grant Agreement as herein approved. Passed, approved, and adopted this 15'h day of March 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 8. U.S. DOT Infrastructure for Rebuilding America (INFRA) Grant: City Manager recom- mended approval of a resolution in support of the U.S. DOT Infrastructure for Rebuilding America (INFRA) Grant submission. Upon mo- tion the documents were received and filed, and Resolution No. 70-21 Expressing the willing- ness of the City of Dubuque to apply for and participate in Infrastructure for Rebuilding America (INFRA) Transportation Grant was adopted. RESOLUTION NO. 70-21 EXPRESSING THE WILLINGNESS OF THE CITY OF DUBUQUE TO APPLY FOR AND PARTICIPATE IN INFRASTRUCTURE FOR REBUILDING AMERICA (INFRA) TRANS- PORTATION GRANT Whereas, the Infrastructure for Rebuilding America, or INFRA Discretionary Grant pro- gram, provides a unique opportunity for locali- ties to invest in road, rail, transit, and port pro- jects that promise to achieve national objec- tives; and Whereas, the City of Dubuque understands INFRA Funds are available through an applica- tion as an investment in surface transportation projects with a focus on rural areas; and Whereas, the City of Dubuque seeks and supports an application to INFRA for grant funds to enhance and expand upon the physical and operational capabilities of marine freight terminals in Dubuque, Iowa.; and Whereas, the Gavilon facility (located at the Port of Dubuque) provide transfer to and from barges on the Upper Mississippi River. Served by road and rail, these terminals handle grains (primarily corn and soybeans), fertilizers (in both dry and liquid forms), cottonseed and other feed products, steel reinforcing bars, steel coils, various project -type cargoes, and de-icing salt; and Whereas, the proposed project will: in- crease port storage capacity, as well as add/up- grade track and railcar loading equipment. These improvements will provide regional ship- pers with more opportunities to connect with do- mestic and international transportation systems and associated worldwide markets. The project will serve as a catalyst for economic develop- ment in Iowa.; and Whereas, this project, using federal funding, will be open and available for use by the general Book 151 Regular Session, March 15, 2021 83 public and maintained by the applicant for the life of the project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA, THAT: Section 1. The City will participate in accord- ance with its designated responsibility, work with Gavilon on maintenance of this project, and participation in funding of the project. Passed, approved, and adopted this 15th day of March 2021 Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 9. State of Iowa Volkswagen Clean Air Act Settlement Grant Application: City Manager recommended approval of a grant application and funding request to the State of Iowa Volkswagen Clean Air Act Settlement grant pro- gram. Upon motion the documents were re- ceived, filed, and approved. 10. Dubuque County Mowing to Monarchs Grant Approved: City Manager transmitted in- formation that the City of Dubuque was awarded a Mowing to Monarchs grant in the amount of $2,500 from Dubuque County. Upon motion the documents were received and filed. 11. Letter of Support for Four Mounds for Grant from Johanna Favrot Fund for Historic Preservation: City Manager transmitted corre- spondence to the Johanna Favrot Fund for His- toric Preservation Grant Review Committee in support of Four Mounds as a potential grant re- cipient. Upon motion the documents were re- ceived and filed. 12. Keeping National Service National: 2021 - A White Paper on How to Make National Service Accessible to Black, Indigenous, Peo- ple of Color and Rural Populations (Ameri- Corps): City Manager transmitted information on Keeping National Service National: 2021 - A White Paper on How to Make National Service Accessible to Black, Indigenous, People of Color and Rural Populations from Volunteer Iowa (Iowa Commission on Volunteer Service) to Corporation for National and Community Ser- vice. Upon motion the documents were re- ceived and filed. 13. Mathias Ham House Historic Structures Report: City Manager transmitted the Dubuque County Historical Society Mathias Ham House Historic Structures Report. Upon motion the documents were received and filed. 14. Millwork District Parking Lot 1 (12th Street and Elm Street) Acceptance of Public Im- provement Construction Contract CIP 3602250: City Manager recommended acceptance of the construction contract for the Millwork District Parking Lot 1 Project, as completed by Eastern Iowa Excavating and Concrete, LLC, in the final contract amount of $478,984.71 and authorize payment of the contract amount to Eastern Iowa Excavating and Concrete, LLC. Upon mo- tion the documents were received and filed, and Resolution No. 71-21 Accepting the Millwork District Parking Lot #1 Project and authorizing the payment to the contractor was adopted. RESOLUTION NO. 71-21 ACCEPTING THE MILLWORK DISTRICT PARKING LOT #1 PROJECT AND AUTHOR- IZING THE PAYMENT TO THE CONTRAC- TOR Whereas, the public improvement contract for the Millwork District Parking Lot #1 Project, (the Project) has been completed by the Con- tractor, Eastern Iowa Excavating and Concrete, LLC, (Contractor), the City Engineer has exam- ined the work and recommends that the Project be accepted; and Whereas, the final contract amount for the Project is $478,984.71; and Whereas, the Contractor has previously been paid $455,035.47, leaving a balance of $23,949.24; and Whereas, the City Council finds that the rec- ommendation 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 $23,949.24 as provided in Iowa Code chapter 573, and to pay such retainage in accordance with the provisions of Iowa Code chapter 573 or Iowa Code chapter 26.13. Passed, approved, and adopted this 15th day of March 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 15. Lower Bee Branch Security Network Project CIP #3401654, Project #4X0007: City Manager recommended acceptance of the con- struction contract for the Lower Bee Branch Se- curity Network Project, as completed by Utility Service Contractors, in the final contract amount of $255,915.25, which is 1.35% lower than the bid amount of $259,414.00. Upon mo- tion the documents were received and filed, and Resolution No. 72-21 Accepting the Lower Bee Branch Security Network Project and authoriz- ing the payment of the contract amount to the contractor was adopted. 84 Regular Session, March 15, 2021 Book 151 RESOLUTION NO. 72-21 ACCEPTING THE LOWER BEE BRANCH SE- CURITY NETWORK PROJECT AND AU- THORIZING THE PAYMENT OF THE CON- TRACT AMOUNT TO THE CONTRACTOR Whereas, the public improvement contract for the Lower Bee Branch Security Network Project (the Project) has been completed by the Contractor, Utility Service Contractors, Inc. (Contractor) the City Engineer has examined the work and recommends that the Project be accepted; and Whereas, the final contract amount for the Project is $255,915.25; and Whereas, the Contractor has previously been paid $243,119.49, leaving a balance of $12,795.76; and Whereas, the City Council finds that the rec- ommendation of the City Engineer should be accepted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, 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 $12,795.76 as provided in Iowa Code chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code chapter 573 or Iowa Code chapter 26.13. Passed, approved, and adopted this 15th day of March 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 16. 2021 Asphalt Overlay Curb Ramp Pro- ject 2: City Manager recommended that the award for the 2021 Asphalt Overlay Curb Ramp Project 2 be officially recorded in the minutes of the City Council. Upon motion the documents were received, filed, and made a Matter of Rec- ord. 17. Asbury Road Fiber Optic Collaboration - Phase 3 Project: City Manager recommended that the award for the Asbury Road Fiber Optic Collaboration — Phase 3 Project be officially recorded in the minutes of the City Council. Upon motion the documents were received, filed, and made a Matter of Record. 18. Abstract of Votes: City Clerk transmitted the Abstract of Votes for the March 2, 2021, Ward 1 Special Election as certified by the Dubuque County Auditor. Upon motion the doc- uments were received and filed. STATE OF IOWA ABSTRACT OF VOTES Dubuque County, Iowa We, the undersigned Members of the Board of Supervisors and ex-officio County Board of Canvassers for this County, do hereby certify the following to be a true and correct abstract of the votes cast in this County at the 2021 Special Election held on the 2"d day of March 2021, as shown by the tally lists returned from the sev- eral election precincts. Susan R. Farber - Received seven hundred eight (708) votes John T. Pregler - Received six hundred sev- enty (670) votes Candidate Total - One thousand three hun- dred seventy-eight (1378) votes SCATTERING - One (1) votes TOTAL - One thousand three hundred sev- enty-nine (1379) votes We therefore declare: Dubuque City Coun- cil Ward One -- To Fill a Vacancy: Dubuque Susan R. Farber duly elected for the office of Dubuque City Council Ward One -- To Fill a Vacancy for the residue of the term. IN TESTIMONY WHEREOF, we have here- unto set our hands and caused to be affixed the seal of this county by the Clerk of the Board of Supervisors. Done at Dubuque the county seat of Dubu- que County this 8th day of March 2021 /s/Ann McDonough, Chairperson /s/Harley Pothoff, Member of the Board of Su- pervisors and ex-officio County Board of Can- vassers Attest: /s/Kevin Dragotto, County Auditor and Clerk of the Board of Supervisors 19. Five Flags Pyrotechnics Permit: City Manager recommended approval of a Pyro- technics Permit submitted by the Five Flags Centerfor March 26 and 27, 2021. Upon motion the documents were received, filed, and ap- proved. 20. Dubuque Police Department Crime Sta- tistics 2020: City Manager transmitted the Dubuque Police Department Crime Statistics 2020 report. Upon motion the documents were received and filed. 21. Alcohol License Applications: City Man- ager recommended approval of annual liquor, beer, and wine license applications as submit- ted. Upon motion the documents were received and filed, and Resolution No. 73-21 Approving applications for beer, liquor, and/or wine per- mits, as required by City of Dubuque Code of Ordinances Title 4 Business and License Reg- ulations, Chapter 2 Liquor Control, Article B Liq- uor, Beer and Wine Licenses and Permits was adopted. RESOLUTION NO. 73-21 APPROVING APPLICATIONS FOR BEER, LIQUOR, AND/OR WINE PERMITS, AS RE- QUIRED BY CITY OF DUBUQUE CODE OF Book 151 Regular Session, March 15, 2021 85 ORDINANCES TITLE 4 BUSINESS AND LI- CENSE REGULATIONS, CHAPTER 2 LIQ- UOR CONTROL, ARTICLE B LIQUOR, 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 author- ized and directed to cause to be issued the noted permit types to the following applicants pending submission of the locally required doc- umentation: Renewals Chopper's, 601 Rhomberg Ave., Class C Liquor (Sunday) Dubuque Mining Co., 555 John F. Kennedy Rd., Class C Liquor (Sunday) Eagles Club, 1175 Century Dr., Class C Liquor (Sunday) Easy Street, 30 Main St., Class C Liquor (Out- door) (Sunday) Four Mounds Inn and Conference Center, 4900 Peru Rd., Class C Native Wine (Outdoor) (Sunday) Gold Standard Athletics, 555 John F. Kennedy Rd., Class B Beer Hammerheads Bar and Billiards, 2095 Kerper Blvd., Class C Liquor (Sunday) Hartig Drug Company #8, 1600 University Ave., Class E Liquor, Class B Wine, Class C Beer (Sunday) Hoffy's, 285 Main St., Class C Liquor (Sunday) Hops and Rye, 1108 Locust St., Class C Liquor (Outdoor) Hy-Vee Fast and Fresh Express #2, 2435 NW Arterial, Class E Liquor, Class B Wine, Class C Beer (Sunday) Phoenix Theatres, 555 John F. Kennedy Rd., Class C Liquor (Sunday) Salsa's Mexican Restaurant, 1091 Main St., Class C Liquor (Sunday) The Clubhouse, 2364 Washington St., Class C Liquor The Vault Restaurant and Cocktail Lounge, 342 Main St., Class C Liquor New BustinAxe Throwing Range, 576 Central Ave., Special Class C Liquor (Sunday) Gino's East of Dubuque, 333 E loth St. Suite 110, Class C Liquor (Outdoor) (Sunday) McAleece Park and Recreation Complex, 1801 Admiral Sheehy Dr., Class B Beer (Outdoor) (Sunday) Port of Dubuque Marina, 450 E 3rd St., Class B Beer (Outdoor) (Sunday) Passed, approved, and adopted this 151h day of March 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 Cavanagh. Motion carried 7-0. 1. Grant of Easement to T.S.D. Building Partnership, L.L.P.: City Manager recom- mended the City Council set a public hearing for April 5, 2021 for the granting of a private em- bankment easement across City -owned prop- erty along the Northwest Arterial as part of the Grand River Medical Group site development project on Westmark Drive. Upon motion the documents were received and filed, and Reso- lution No. 74-21 Intent to dispose of City inter- est 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 was adopted setting a public hearing for a meet- ing to commence at 6:30 p.m. on April 5, 2021. RESOLUTION NO. 74-21 RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST BY GRANT OF EMBANK- MENT 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 an exhibit showing the easement area for the pro- posed private parking Lot embankment across Part of Lot 1 of Westmark, 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 grant an embankment easement to T.S.D. Building Partnership L.L.P. across Part of Lot 1 of Westmark, City of Dubuque, Iowa, as shown on the attached Exhibit A. Section 2. That a public hearing on the in- tent to dispose of City interest by Grant of Em- bankment Easement to T.S.D. Building Partner- ship L.L.P. across Part of Lot 1 of Westmark, City of Dubuque, Iowa, is hereby set for the 51h day of April 2021, at the Historic Federal Build- ing (and/or by virtual means), 350 W. 6ch Street, 86 Regular Session, March 15, 2021 Book 151 Dubuque, Iowa, beginning at 6:30 p.m., and the City Clerk be and is hereby authorized and di- rected to cause a notice of public hearing on the intent to dispose of said interest to be published in the manner as prescribed by law. Passed, approved, and adopted this 15th day of March 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 2. 2021 Asphalt Overlay Ramp Project 3: City Manager recommended initiation of the public bidding procedure for the 2021 Asphalt Overlay Ramp Project 3, and further recom- mended that a public hearing be set for April 5, 2021. Upon motion the documents were re- ceived and filed, and Resolution No. 75-21 Pre- liminary approval of plans, specifications, form of contract, and estimated cost; setting date of public hearing on plans, specifications, form of contract, and estimated cost; and ordering the advertisement for bids was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on April 5, 2021. RESOLUTION NO. 75-21 2021 ASPHALT OVERLAY RAMP PROJECT 3 PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPECIFICA- TIONS, FORM OF CONTRACT, AND ESTI- MATED COST; AND ORDERING THE AD- VERTISEMENT FOR BIDS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The proposed plans, specifica- tions, form of contract and estimated cost for the 2021 Asphalt Overlay Ramp Project 3 in the estimated amount of $173,757.00 are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. Section 2. A public hearing will be held on the 51h day of April 2021, at 6:30 p.m. in the His- toric Federal Building Council Chambers (and/or by virtual means), 350 W. 6th Street, Dubuque, Iowa, at which time interested per- sons may appear and be heard for or against the proposed plans and specifications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubu- que, Iowa, which notice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any interested person may appear and file ob- jections to the proposed plans, specifications, form of contract, or estimated cost of the Pro- ject. Section 3. 2021 Asphalt Overlay Ramp Pro- ject 3 is hereby ordered to be advertised for bids for construction. Section 4. The amount of the security to ac- company each bid shall be in an amount which shall conform to the provisions of the Notice to Bidders hereby approved. Section 5. The City Engineer is hereby di- rected to advertise for bids for the construction of the improvements herein provided, by pub- lishing the attached Notice to Bidders to be pub- lished in the Master Builders of Iowa Plan Room, The Construction Update Network and posted on the City of Dubuque website at www.cityofdubuque.org/bids and which notice shall be published not less than thirteen but not more than forty-five days before the date for fil- ing bids before 2:00 p.m. on the 8th day of April 2021. Bids shall be opened and read by the City Clerk at said time and will be submitted to the City Council for final action at 6:30 p.m. on the 19th day of April 2021, in the Historic Federal Building Council Chambers (and/or by virtual means), 350 West 6th Street, Dubuque, Iowa. Passed, adopted, and approved this 15th day of March 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 3. Proceedings to Set Public Hearing on the Issuance of Not to Exceed $49,200,000 Gen- eral Obligation Bonds, Series 2021AB: City Manager recommended that a public hearing be set for April 5, 2021, on the proposition of selling not to exceed $49,200,000 in General Obligation Bonds. $40,535,000 of the proceeds is intended to provide funds to refund nine pre- viously issued bond series that are now callable to realize estimated interest savings of $3,098,099. Upon motion the documents were received and filed, and Resolution No. 76-21 Fixing date for a meeting on the proposition of the issuance of not to exceed $46,250,000 General Obligation Bonds of the City of Dubu- que, State of Iowa (for essential corporate pur- poses), and providing for publication of notice thereof; Resolution No. 77-21 Fixing date for a meeting on the proposition of the issuance of not to exceed $950,000 General Obligation Ur- ban Renewal Bonds of the City of Dubuque, State of Iowa (for essential corporate urban re- newal purposes), and providing for publication of notice thereof; Resolution No. 78-21 Fixing date for a meeting on the proposition of the is- suance of not to exceed $700,000 General Ob- ligation Bonds of the City of Dubuque, State of Iowa (for general corporate purposes), and providing for publication of notice thereof (GCP- 2); Resolution No. 79-21 Fixing date for a meet- ing on the proposition of the issuance of not to exceed $700,000 General Obligation Bonds of the City of Dubuque, State of Iowa (for general Book 151 Regular Session, March 15, 2021 87 corporate purposes), and providing for publica- tion of notice thereof (GCP-3); and Resolution No. 80-21 Fixing date for a meeting on the prop- osition of the issuance of not to exceed $600,000 General Obligation Bonds of the City of Dubuque, State of Iowa (for general corpo- rate purposes), and providing for publication of notice thereof were adopted setting a public hearing for a meeting to commence at 6:30 p.m. on April 5, 2021. RESOLUTION NO. 76-21 FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $46,250,000 GENERAL OBLI- GATION BONDS OF THE CITY OF DUBU- QUE, STATE OF IOWA (FOR ESSENTIAL CORPORATE PURPOSES), AND PROVID- ING FOR PUBLICATION OF NOTICE THEREOF Whereas, it is deemed necessary and ad- visable that the City of Dubuque, State of Iowa, should issue General Obligation Bonds, to the amount of not to exceed $46,250,000, as au- thorized by Section 384.25, of the Code of Iowa, for the purpose of providing funds to pay costs of carrying out essential corporate purpose pro- ject(s) as hereinafter described; and Whereas, before the Bonds may be issued, it is necessary to comply with the provisions of the Code, and to publish a notice of the pro- posal to issue such bonds and of the time and place of the meeting at which the Council pro- poses to take action for the issuance of the Bonds and to receive oral and/or written objec- tions from any resident or property owner of the City to such action. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CITY OF DUBU- QUE, STATE OF IOWA: Section 1. That this Council meet via elec- tronic means at 6:30 p.m., on the 5th day of April, 2021, for the purpose of taking action on the matter of the issuance of not to exceed $46,250,000 General Obligation Bonds, for es- sential corporate purposes, the proceeds of which bonds will be used to provide funds to pay the costs of the opening, widening, extend- ing, 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 acqui- sition, 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 rehabili- tation and improvement of City parks and the acquisition, repair and replacement of facilities, equipment and improvements commonly found in City parks; equipping the fire department; and refunding or refinancing outstanding in- debtedness of the City, including General Obli- gation Bonds, Series 2012A, General Obliga- tion Bonds, Series 2012B, Taxable General Ob- ligation Bonds, Series 2012C, General Obliga- tion Bonds, Series 2012D, General Obligation Bonds, Series 2012E, Taxable General Obliga- tion Bonds, Series 2012F, General Obligation Urban Renewal Bonds, Series 2012H, General Obligation Bonds, Series 2014B, and Taxable General Obligation Bonds, Series 2014C. Section 2. To the extent any of the projects or activities described in this resolution may be reasonably construed to be included in more than one classification under Division III of Chapter 384 of the Code of Iowa, the Council hereby elects the "essential corporate purpose" classification and procedure with respect to each such project or activity, pursuant to Sec- tion 384.28 of the Code of Iowa. Section 3. That the Clerk is hereby directed to cause at least one publication to be made of a notice of the meeting, in a legal newspaper, printed wholly in the English language, pub- lished at least once weekly, and having general circulation in the City. The publication to be not less than four clear days nor more than twenty days before the date of the public meeting on the issuance of the Bonds. Section 4. The notice of the proposed action to issue bonds shall be in substantially the [pro- vided] form: Passed and approved this 15th day of March 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk RESOLUTION NO. 77-21 FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $950,000 GENERAL OBLIGA- TION URBAN RENEWAL BONDS OF THE CITY OF DUBUQUE, STATE OF IOWA (FOR ESSENTIAL CORPORATE URBAN RE- NEWAL PURPOSES), AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF Whereas, by Resolution No. 90-17 adopted March 6, 2017 this Council found and deter- mined that certain areas located within the City are eligible and should be designated as an ur- ban renewal area under Iowa law, and ap- proved and adopted the Amended and Re- stated Urban Renewal Plan (the "Plan") for the Greater Downtown Urban Renewal District Ur- ban Renewal Plan Area (the "Area" or "Urban Renewal Area"), which Plan, as subsequently amended, is on file in the office of the Recorder of Dubuque County, Iowa; and Whereas, it is deemed necessary and ad- visable that the City of Dubuque, State of Iowa, should issue General Obligation Urban Re- newal Bonds, to the amount of not to exceed $950,000, as authorized by Sections 384.25 88 Regular Session, March 15, 2021 Book 151 and 403.12, of the Code of Iowa, for the pur- pose of providing funds to pay costs of carrying out essential corporate urban renewal purpose project(s) as hereinafter described; and Whereas, before bonds may be issued, it is necessary to comply with the procedural re- quirements of Chapters 384 and 403 of the Code of Iowa, and to publish a notice of the pro- posal to issue such bonds and the right to peti- tion for an election. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CITY OF DUBU- QUE, STATE OF IOWA: Section 1. That this Council meet via elec- tronic means at 6:30 p.m., on the 5th day of April, 2021, for the purpose of taking action on the matter of the issuance of not to exceed $950,000 General Obligation Urban Renewal Bonds, for essential corporate urban renewal purposes, the proceeds of which bonds will be used to provide funds to pay the costs of aiding in the planning, undertaking and carrying out of urban renewal projects under the authority of Chapter 403 and the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District, such as those costs as- sociated with the construction, renovation, re- modeling, improvement, equipping and repair- ing of parking garages and ramps. Section 2. To the extent any of the projects or activities described in this resolution may be reasonably construed to be included in more than one classification under Division III of Chapter 384 of the Code of Iowa, the Council hereby elects the "essential corporate purpose" classification and procedure with respect to each such project or activity, pursuant to Sec- tion 384.28 of the Code of Iowa. Section 3. That the Clerk is hereby directed to cause at least one publication to be made of a notice of the meeting, in a legal newspaper, printed wholly in the English language, pub- lished at least once weekly, and having general circulation in the City. The publication to be not less than ten clear days nor more than twenty days before the date of the public meeting on the issuance of the Bonds. Section 4. The notice of the proposed action to issue bonds shall be in substantially the [pro- vided] form: Passed and approved this 15th day of March 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk RESOLUTION NO. 78-21 FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $700,000 GENERAL OBLIGA- TION BONDS OF THE CITY OF DUBUQUE, STATE OF IOWA (FOR GENERAL CORPO- RATE PURPOSES), AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF Whereas, it is deemed necessary and ad- visable that the City of Dubuque, State of Iowa, should issue General Obligation Bonds, to the amount of not to exceed $700,000, as author- ized by Section 384.26, of the Code of Iowa, for the purpose of providing funds to pay costs of carrying out general corporate purpose pro- ject(s) as hereinafter described; and Whereas, the Issuer has a population of more than 5,000 but not more than 75,000, and the Bonds for these purposes do not exceed $700,000; and Whereas, before the Bonds may be issued, it is necessary to comply with the provisions of Chapter 384 of the Code of Iowa, and to publish a notice of the proposal to issue such Bonds and the right to petition for an election. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CITY OF DUBU- QUE, STATE OF IOWA: Section 1. That this Council meet via elec- tronic means at 6:30 p.m., on the 5th day of April, 2021, for the purpose of taking action on the matter of the issuance of not to exceed $700,000 General Obligation Bonds, for gen- eral corporate purposes, the proceeds of which bonds will be used to provide funds to pay the costs of the reconstruction, expansion of and improvements to the Riverfront docking facility; and the acquisition, improvement, and equip- ping of the fire station and facilities and shall bear interest at a rate not exceeding the maxi- mum specified in the attached notice. Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a notice of the meeting, in a legal newspaper, printed wholly in the English language, pub- lished at least once weekly, and having general circulation in the City. The publication to be not less than ten clear days nor more than twenty days before the date of the public meeting on the issuance of the Bonds. Section 3. The notice of the proposed action to issue bonds shall be in substantially the [pro- vided] form: Passed and approved this 15th day of March 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk RESOLUTION NO. 79-21 FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $700,000 GENERAL OBLIGA- TION BONDS OF THE CITY OF DUBUQUE, STATE OF IOWA (FOR GENERAL CORPO- RATE PURPOSES), AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF Whereas, it is deemed necessary and ad- visable that the City of Dubuque, State of Iowa, should issue General Obligation Bonds, to the amount of not to exceed $700,000, as author- ized by Section 384.26, of the Code of Iowa, for Book 151 Regular Session, March 15, 2021 89 the purpose of providing funds to pay costs of carrying out general corporate purpose pro- ject(s) as hereinafter described; and Whereas, the Issuer has a population of more than 5,000 but not more than 75,000, and the Bonds for these purposes do not exceed $700,000; and Whereas, before the Bonds may be issued, it is necessary to comply with the provisions of Chapter 384 of the Code of Iowa, and to publish a notice of the proposal to issue such Bonds and the right to petition for an election. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CITY OF DUBU- QUE, STATE OF IOWA: Section 1. That this Council meet via elec- tronic means at 6:30 p.m., on the 5th day of April, 2021, for the purpose of taking action on the matter of the issuance of not to exceed $700,000 General Obligation Bonds, for gen- eral corporate purposes, the proceeds of which bonds will be used to provide funds to pay the costs of construction, renovation, remodeling, improvement, equipping and repairing of Town Clock Plaza; acquisition and implementation of computer equipment including financial and util- ity billing software; and the acquisition and equipping of a light duty minibus and shall bear interest at a rate not exceeding the maximum specified in the attached notice. Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a notice of the meeting, in a legal newspaper, printed wholly in the English language, pub- lished at least once weekly, and having general circulation in the City. The publication to be not less than ten clear days nor more than twenty days before the date of the public meeting on the issuance of the Bonds. Section 3. The notice of the proposed action to issue bonds shall be in substantially the [pro- vided] form: Passed and approved this 151h day of March 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk RESOLUTION NO. 80-21 FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $600,000 GENERAL OBLIGA- TION BONDS OF THE CITY OF DUBUQUE, STATE OF IOWA (FOR GENERAL CORPO- RATE PURPOSES), AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF Whereas, it is deemed necessary and ad- visable that the City of Dubuque, State of Iowa, should issue General Obligation Bonds, to the amount of not to exceed $600,000, as author- ized by Section 384.26, of the Code of Iowa, for the purpose of providing funds to pay costs of carrying out general corporate purpose pro- ject(s) as hereinafter described; and Whereas, the Issuer has a population of more than 5,000 but not more than 75,000, and the Bonds for these purposes do not exceed 90 Regular Session, March 15, 2021 Book 151 $700,000; and Whereas, before the Bonds may be issued, it is necessary to comply with the provisions of Chapter 384 of the Code of Iowa, and to publish a notice of the proposal to issue such Bonds and the right to petition for an election. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CITY OF DUBU- QUE, STATE OF IOWA: Section 1. That this Council meet via elec- tronic means at 6:30 p.m., on the 5th day of April, 2021, for the purpose of taking action on the matter of the issuance of not to exceed $600,000 General Obligation Bonds, for gen- eral corporate purposes, the proceeds of which bonds will be used to provide funds to pay the costs of the acquisition and equipping of a heavy duty fixed route bus and shall bear inter- est at a rate not exceeding the maximum spec- ified in the attached notice. Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a notice of the meeting, in a legal newspaper, printed wholly in the English language, pub- lished at least once weekly, and having general circulation in the City. The publication to be not less than ten clear days nor more than twenty days before the date of the public meeting on the issuance of the Bonds. Section 3. The notice of the proposed action to issue bonds shall be in substantially the [pro- vided] form: Passed and approved this 15th day of March 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 4. Resolution for the Proposed North Grandview Estates Housing Urban Renewal Area: City Manager recommended City Council approval of a Resolution of Necessity that finds that an Amended and Restated Urban Renewal Plan for the North Grandview Estates Housing Urban Renewal Area is both necessary and ap- propriate and sets a public hearing on the pro- posed plan for April 19, 2021. Upon motion the documents were received and filed, and Reso- lution No. 81-21 Authorizing and directing the City Manager to prepare an Amended and Re- stated Urban Renewal Plan for the North Grandview Estates Housing Urban Renewal Area and setting the date for a public hearing and consultation on the proposed Amended and Restated Urban Renewal Plan for said dis- trict was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on April 19, 2021. RESOLUTION NO. 81-21 AUTHORIZING AND DIRECTING THE CITY MANAGER TO PREPARE AN AMENDED AND RESTATED URBAN RENEWAL PLAN FOR THE NORTH GRANDVIEW ESTATES HOUSING URBAN RENEWAL AREA AND SETTING THE DATE FOR A PUBLIC HEAR- ING AND CONSULTATION ON THE PRO- POSED AMENDED AND RESTATED URBAN RENEWAL PLAN FOR SAID DISTRICT Whereas, the City Council of the City of Dubuque, Iowa, after public notice and hearing as prescribed by law and pursuant to Resolu- tion No. 28-21 passed and approved on the 1st day of February 2021, adopted an Urban Re- newal Plan (the "Urban Renewal Plan") for an urban renewal area known as the North Grandview Estates Housing Urban Renewal Area (the "Urban Renewal Project Area"); and Whereas, Attachment D to the Urban Re- newal Project Area contains an error in the legal description; and Whereas, Iowa Code Chapter 403 requires that before urban renewal authority may be ex- ercised, a City Council must adopt a resolution of necessity finding that the area in question is a slum, blighted or economic development area, and that so designating such area is nec- essary in the interest of the public health, safety, or welfare of the residents of the munic- ipality. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the area referred to herein as the North Grandview Estates Housing Urban Renewal Area, as generally described in Exhibit "A" and Exhibit "B" to this Resolution and to be included in the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District, is an economic development area as defined by Iowa Code Chapter 403 and is appropriate for an urban renewal project. Section 2. That the development of the North Grandview Estates Housing Urban Re- newal Area is necessary and appropriate to fa- cilitate the proper growth and development of the community in accordance with sound plan- ning and local community objectives. Section 3. That the development of this area will provide new opportunities for quality hous- ing and job creation in the community. Section 4. That the City Manager is author- ized and directed to prepare an Urban Renewal Plan for the North Grandview Estates Housing Urban Renewal Area, and to begin the consul- tation process required by law with affected tax- ing entities. Section 5. That the City Clerk is directed to publish notice of a public hearing on the adop- tion of an Amended and Restated Urban Re- newal Plan for the North Grandview Estates Housing Urban Renewal Area to be held on the 19th day of April 2021, at 6:30 p.m. in the form attached hereto. The notice of said hearing shall generally identify the areas covered by the proposed Urban Renewal Plan and the general scope of the urban renewal activities planned Book 151 Regular Session, March 15, 2021 91 for such areas and said notice shall be pub- lished in a newspaper having general circula- tion within the City not less than four days nor more than twenty days before the date of said meeting. A copy of the notice of public hearing shall be sent by ordinary mail to the affected taxing entities. Section 6. That the City Clerk is further di- rected to send by ordinary mail a copy of the proposed Amended and Restated Urban Re- newal Plan, the notice of public hearing, a no- tice of consultation, and, to the extent the Amended and Restated Urban Renewal Plan includes the use of tax increment revenues for a public building, an analysis of alternative de- velopment and funding options for such public buildings, to the Dubuque Community School District Board of Education and Dubuque County Board of Supervisors, as the affected taxing entities. Passed, approved, and adopted this 15th day of March 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 5. Resolution of Necessity for the Amend- ment of the Dubuque Industrial Center Eco- nomic Development District Urban Renewal Plan, Version 2021.1: City Manager recom- mended City Council approval of a Resolution of Necessity that finds that an Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic Development Dis- trict is both necessary and appropriate and sets a public hearing on the proposed amendment for April 19, 2021. Upon motion the documents were received and filed, and Resolution No. 82- 21 Authorizing and directing the City Manager to prepare an Amended and Restated Urban Renewal Plan for the Dubuque Industrial Cen- ter Economic Development District and setting dates for the public hearing and consultation process on the proposed Amended and Re- stated Urban Renewal Plan for said district was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on April 19, 2021. RESOLUTION NO. 82-21 AUTHORIZING AND DIRECTING THE CITY MANAGER TO PREPARE AN AMENDED AND RESTATED URBAN RENEWAL PLAN FOR THE DUBUQUE INDUSTRIAL CENTER ECONOMIC DEVELOPMENT DISTRICT AND SETTING DATES FOR THE PUBLIC HEAR- ING AND CONSULTATION PROCESS ON THE PROPOSED AMENDED AND RE- STATED URBAN RENEWAL PLAN FOR SAID DISTRICT Whereas, the City Council of the City of Dubuque has heretofore approved the Amended and Restated Urban Renewal Plan (the "Plan" or "Urban Renewal Plan") for the Dubuque Industrial Center Economic Develop- ment District (the "District') in order to provide redevelopment opportunities which will further the purposes and objectives of the foregoing Urban Renewal Plan; and Whereas, City staff has recommended that the Plan be further amended to remove prop- erty from Subarea B of the District; and Whereas, Iowa Code Chapter 403 requires that before a Plan may be modified, the City Council must follow the notification, consulta- tion, and public hearing process set forth therein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Manager is author- ized and directed to prepare an Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic Development Dis- trict to include in such Plan any appropriate pro- ject activities and details, and to determine an appropriate date for and conduct the consulta- tion process required by law with affected tax- ing entities concerning the proposed amend- ment. Section 2. That the City Council hold a pub- lic hearing on the adoption of the proposed Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic Development District on April 19, 2021, at 6:30 p.m. in the form attached hereto. The notice of said hearing shall generally identify the areas covered by the Plan and the general scope of the urban renewal activities planned for such areas and said notice shall be published in a newspaper having general circulation within the City not less than four days nor more than twenty days before the date of said meeting. A copy of the notice of public hearing shall be sent by ordinary mail to the affected taxing entities. Section 3. That the City Clerk is further di- rected to send by ordinary mail a copy of said Plan, the notice of public hearing, a notice of consultation, and, to the extent the Plan in- cludes the use of tax increment revenues for a public building, an analysis of alternative devel- opment and funding options for such public buildings, to the Dubuque Community School District and the Dubuque County Board of Su- pervisors, as the affected taxing entities. Passed, approved, and adopted this 15th day of March 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 6. Resolution of Necessity for the Amend- ment of the Dubuque Industrial Center Eco- nomic Development District Urban Renewal Plan, Version 2021.2: City Manager recom- mended City Council approval of a Resolution of Necessity that finds that an Amended and Restated Urban Renewal Plan for the Dubuque 92 Regular Session, March 15, 2021 Book 151 Industrial Center Economic Development Dis- trict is both necessary and appropriate and sets a public hearing on the proposed amendment for April 19, 2021. Upon motion the documents were received and filed, and Resolution No. 83- 21 Authorizing and directing the City Manager to prepare an Amended and Restated Urban Renewal Plan for the Dubuque Industrial Cen- ter Economic Development District and setting dates for the public hearing and consultation process on the proposed Amended and Re- stated Urban Renewal Plan for said district was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on April 19, 2021. RESOLUTION NO. 83-21 AUTHORIZING AND DIRECTING THE CITY MANAGER TO PREPARE AN AMENDED AND RESTATED URBAN RENEWAL PLAN FOR THE DUBUQUE INDUSTRIAL CENTER ECONOMIC DEVELOPMENT DISTRICT AND SETTING DATES FOR THE PUBLIC HEAR- ING AND CONSULTATION PROCESS ON THE PROPOSED AMENDED AND RE- STATED URBAN RENEWAL PLAN FOR SAID DISTRICT Whereas, the City Council of the City of Dubuque has heretofore approved the Amended and Restated Urban Renewal Plan (the "Plan" or "Urban Renewal Plan") for the Dubuque Industrial Center Economic Develop- ment District (the "District") in order to provide redevelopment opportunities which will further the purposes and objectives of the foregoing Urban Renewal Plan; and Whereas, City staff has recommended that the Plan be amended to add additional project details; and Whereas, Iowa Code Chapter 403 requires that before a Plan may be modified, the City Council must follow the notification, consulta- tion, and public hearing process set forth therein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Manager is author- ized and directed to prepare an Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic Development Dis- trict to include in such Plan any appropriate pro- ject activities and details, and to determine an appropriate date for and conduct the consulta- tion process required by law with affected tax- ing entities concerning the proposed amend- ment. Section 2. That the City Council hold a pub- lic hearing on the adoption of the proposed Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic Development District on April 19, 2021, at 6:30 p.m. in the form attached hereto. The notice of said hearing shall generally identify the areas covered by the Plan and the general scope of the urban renewal activities planned for such areas and said notice shall be published in a newspaper having general circulation within the City not less than four days nor more than twenty days before the date of said meeting. A copy of the notice of public hearing shall be sent by ordinary mail to the affected taxing entities. Section 3. That the City Clerk is further di- rected to send by ordinary mail a copy of said Plan, the notice of public hearing, a notice of consultation, and, to the extent the Plan in- cludes the use of tax increment revenues for a public building, an analysis of alternative devel- opment and funding options for such public buildings, to the Dubuque Community School District and the Dubuque County Board of Su- pervisors, as the affected taxing entities. Passed, approved, and adopted this 15«' day of March 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 op- tions. The City Council agenda can be ac- cessed at https://cityofdubugue.novu- sagenda.com/AgendaPublic/ or by contacting the City Clerk's Office at 563-589-4100, ctyclerk(a).cityofdubug ue.org.] BOARDS/COMMISSIONS 1. Applications were reviewed for the follow- ing Boards and Commissions. Applicants were invited to address the City Council regarding their desire to serve on the following Boards/Commissions. i. Cable Television Commission: One, 3- Year term through July 1, 2024 (Expiring term of Tigges). Applicant: Jennifer Tigges, 4927 Wild Flower Dr. ii. Housing Commission: One 3-Year term through August 17, 2022 (Vacant term of Wall). Applicant: Jeff Lenhart, 670 Harvard St. iii. 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 Gender Balance Law. 9 Com- missioners total; currently 3 males/4 females/2 openings. Ms. Anderson spoke in support of her appointment and provided a brief biography. Book 151 Regular Session, March 15, 2021 93 2. Appointments were made to the following boards/commissions. i. Community Development Advisory Com- mission: One, 3-Year term through February 15, 2024 (Expiring term of Woodyard). Appli- cant: Julie Woodyard, 2015 Washington Street. Motion by Roussell to appoint Ms. Woodyard to the 3-Year term through February 15, 2024. Se- conded by Jones. Motion carried 7-0. ii. Housing Appeals and Mediation Board — Newly Amended Board: One, 3-Year term through January 1, 2024. Applicant: Luke Hoff- mann, 991 June Dr. (Qualifies as a Landlord). Motion by Roussell to appoint Mr. Hoffmann to the 3-Year term through January 1, 2024. Se- conded by Sprank. Motion carried 7-0. iii. Zoning Board of Adjustment: One, 5- Year term through March 25, 2026 (Expiring term of McCoy). Applicant: Jonathan McCoy, 263 Main St. This commission is subject to the State of Iowa Gender Balance Law. 5 Commis- sioners total; currently 2 males/2 females/1 opening. Motion by Resnick to appoint Mr. McCoy to the 5-Year term through March 25, 2026. Seconded by Cavanagh. Motion carried 7-0. PUBLIC HEARINGS 1. Sale of City -Owned Property at 305-307 East 22nd Street: Proof of publication on notice of public hearing to request City Council ap- proval of the disposal of City -owned real prop- erty located at 305-307 East 22nd Street to Af- fordable Housing Network, Inc. for the purchase price of $4,171, and City Manager recom- mended approval. Motion by Cavanagh to re- ceive and file the documents and adopt Reso- lution No. 84-21 Disposing of City interest in real property located at 305-307 East 22nd Street, in the City of Dubuque, Iowa. Seconded by Sprank. Staff stated that no online public in- put had been received for this item. Motion car- ried 7-0. RESOLUTION NO. 84-21 DISPOSING OF CITY INTEREST IN REAL PROPERTY LOCATED AT 305-307 EAST 22ND STREET, IN THE CITY OF DUBUQUE, IOWA Whereas, the City Council, by Resolution No. 57-21, dated March 1, 2021, declared its in- tent to dispose of City interest in real property located at 305-307 East 22nd Street, legally de- scribed as: Lot 1 of the Subdivision of Lot 1 in Kemps Subdivision in the City of Dubu- que, Iowa, according to the recorded plat thereof, subject to easements of record (the Property); and Whereas, pursuant to published notice, a public hearing was held on the proposed dispo- sition on March 15, 2021, at 6:30 p.m. in the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa; and Whereas, it is the determination of the City Council that approval of the purchase agree- ment for the sale to Affordable Housing Net- work, Inc. according to the terms and conditions set out in the purchase agreement is in the pub- lic interest of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The purchase agreement by and between the City of Dubuque and Affordable Housing Network, Inc. for the sale of the Prop- erty, a copy attached hereto, is hereby ap- proved. Section 2. The Mayor and City Clerk are hereby authorized and directed to execute a Special Warranty Deed, conveying the City's in- terest in the Property to Affordable Housing Network, Inc. Section 3. That the City Clerk is hereby au- thorized and directed to cause said Special Warranty Deed to be delivered to the City Attor- ney's Office, together with a certified copy of the Resolution. Passed, approved, and adopted this 15th day of March 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 2. Sale of City -Owned Property at 2243 Central Avenue: Proof of publication on notice of public hearing to consider City Council ap- proval of a Purchase Agreement and Special Warranty Deed for the sale of City -owned real property located at 2243 Central Avenue to Ty- ler and Michelle Ede for $160,000, and City Manager recommending approval. Motion by Sprank to receive and file the documents and adopt Resolution No. 85-21 Disposing of City interest in real property located at 2243 Central Avenue, in the City of Dubuque, Iowa. Se- conded by Farber. Staff stated that no online public input had been received for this item. Mo- tion carried 7-0. RESOLUTION NO. 85-21 DISPOSING OF CITY INTEREST IN REAL PROPERTY LOCATED AT 2243 CENTRAL AVENUE, IN THE CITY OF DUBUQUE, IOWA Whereas, the City Council, by Resolution No. 58-21, dated March 1, 2021, declared its in- tent to dispose of City interest in real property located at 2243 Central Avenue, legally de- scribed as: Lot 6 in Tivoli Addition in the City of Dubu- que, Iowa, according to the recorded plat thereof, (the Property); and Whereas, pursuant to published notice, a 94 Regular Session, March 15, 2021 Book 151 public hearing was held on the proposed dispo- sition on March 15, 2021, at 6:30 p.m. in the Historic Federal Building, 350 W. 61h Street, Dubuque, Iowa; and Whereas, it is the determination of the City Council that approval of the purchase agree- ment for the sale to Tyler and Michelle Ede ac- cording to the terms and conditions set out in the purchase agreement is in the public interest of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The purchase agreement by and between the City of Dubuque and Tyler and Michelle Ede for the sale of the Property, a copy attached hereto, is hereby approved. Section 2. The Mayor and City Clerk are hereby authorized and directed to execute a Special Warranty Deed, conveying the City's in- terest in the Property to Tyler and Michelle Ede. Section 3. That the City Clerk is hereby au- thorized and directed to cause said Special Warranty Deed to be delivered to the City Attor- ney's Office, together with a certified copy of the Resolution. Passed, approved, and adopted this 15th day of March 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 3. Proceedings to Hold the Public Hearing on the Issuance of Not to Exceed $24,000,000 General Obligation Annual Appropriation Re- funding Capital Loan Notes: Proof of publication on notice of public hearing to consider City Council approval of the suggested proceedings for a public hearing on the issuance of a not to exceed $24,000,000 in General Obligation An- nual Appropriation Refunding Bonds, the pro- ceeds of which will be used to refund the Storm - water Revenue Capital Loan Notes, Series 2015B, dated June 19, 2015 and amended September 8, 2017. Motion by Jones to receive and file the documents and adopt Resolution No. 86-21 Instituting proceedings to take addi- tional action for the authorization of a Loan and Disbursement Agreement and the issuance of not to exceed $24,000,000 General Obligation Annual Appropriation Refunding Capital Loan Notes. Seconded by Roussell. Responding to a question from the City Council, Director of Fi- nance and Budget Jennifer Larson stated that the interest rate from the Iowa Finance Author- ity will remain at 1.43%. Motion carried 7-0. RESOLUTION NO. 86-21 INSTITUTING PROCEEDINGS TO TAKE AD- DITIONAL ACTION FOR THE AUTHORIZA- TION OF A LOAN AND DISBURSEMENT AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $24,000,000 GENERAL OBLI- GATION ANNUAL APPROPRIATION RE- FUNDING CAPITAL LOAN NOTES Whereas, pursuant to notice published as required by law, this Council has held a public meeting and hearing upon the proposal to insti- tute proceedings for the authorization of a Loan and Disbursement Agreement and the issuance of not to exceed $24,000,000 General Obliga- tion Annual Appropriation Refunding Capital Loan Notes for the purpose of paying costs of the settlement, adjustment, renewing, or exten- sion of any part or all of the legal indebtedness of a city, whether evidenced by bonds, war- rants, 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 has considered the extent of objections re- ceived from residents or property owners as to said proposal and, accordingly the following ac- tion is now considered to be in the best interests of the City and residents thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That this Council does hereby in- stitute proceedings and takes additional action for the authorization of a Loan and Disburse- ment Agreement and issuance in the manner required by law of not to exceed $24,000,000 General Obligation Annual Appropriation Re- funding Capital Loan Notes to evidence the ob- ligation thereof for the foregoing purpose. Section 2. That this Council does hereby consent to the terms and conditions of the SRF Loan Program, which terms and conditions and the disclosures provided with respect thereto are hereby acknowledged, accepted, and ap- proved. Passed and approved this 15"' day of March 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk PUBLIC INPUT Due to the COVID-19 pandemic and man- dates for social distancing, public input was made available through GoToMeeting chat function, City Council and City Clerk email ac- counts, and the City of Dubuque's Facebook Live page. Staff stated that no online public in- put was received. ACTION ITEMS 1. Four Mounds Foundation Request for Work Session: City Manager requested the City Council schedule a work session for Monday, April 19, 2021, at 5:00 p.m. on Four Mounds Foundation and their work. Motion by Cavanagh to receive and file the documents Book 151 Regular Session, March 15, 2021 95 and set the work session as recommended. Se- conded by Roussell. No schedule conflicts were expressed. Motion carried 7-0. COUNCIL MEMBER REPORTS Council Member Resnick reported on wit- nessing community compliance with public health mitigation efforts in response to the COVID-19 pandemic and suggested that City Council and City staff may want to have future discussions on setting goals to achieve on miti- gation efforts. Council Member Roussell reported on at- tending the National League of Cities Congres- sional City Congress virtually. Ms. Roussell re- ported that the conference provided an oppor- tunity to learn from city and federal leaders across the country. Council Member Sprank reported on volun- teering for the Dubuque Area Labor Harvest's food giveaway this past Saturday, where the or- ganization gave away 275 boxes of food. Mr. Sprank thanked City staff for their assistance with traffic flow during the event and expressed interest in learning more about food scarcity in the community as part of the City Council's goals and priorities. Mayor Buol stated that City staff is begin- ning to explore the possibilities for in -person City Council meetings. Mayor Buol stated that this will be an ongoing process and will consider multiple factors, including any community im- pacts from travel over spring break. There being no further business, Mayor Buol declared the meeting adjourned at 7:28 p.m. /s/Adrienne N. Breitfelder, City Clerk 96 Special Sessions, March 22 and 24, 2021 Book 151 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 6:30 p.m. on March 22, 2021. Due to the COVID-19 pandemic and man- dates 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.citvofdubuque.org/me- dia, and streamed live on the City's Facebook page at www.facebook.com/cityofdubuque. Present: Mayor Buol; Council Members Cavanagh, Farber, Jones, Resnick, Roussell, Sprank; City Manager Van Milligen. Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of conducting public hearings on cer- tain FY22 Departmental Budgets. PUBLIC HEARINGS FY22 City departmental budgets were pre- sented by staff from the following departments: 1. Water Department FY22 Budget Presen- tation: Denise Blakeley Ihrig, Water Department Manager; 2. Water and Resource Recovery Center FY22 Budget Presentation: William O'Brien, Plant Manager; 3. Public Works Department FY22 Budget Presentation: John Klostermann, Public Works Director; Arielle Swift, Assistant Public Works Director; and Anderson Sainci, Resource Man- agement Coordinator and Supervisor; 4. Engineering Department FY22 Budget Presentation: Gus Psihoyos, City Engineer; Deron Muehring, Stormwater Engineer; Jon Dienst, Civil Engineer; Bob Schiesl, Assistant City Engineer; David Ness, Civil Engineer; and Steve Sampson Brown, Project Manager. Staff responded to questions from the City Council following their respective presenta- tions. There being no further business, Mayor Buol declared the meeting adjourned at 9:29 p.m. /s/Adrienne N. Breitfelder, City Clerk CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 6:30 p.m. on March 24, 2021. Due to the COVID-19 pandemic and man- dates 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.cityofdubuque.org/me- dia, and streamed live on the City's Facebook page at www.facebook.com/cityofdubuque. Present: Mayor Buol; Council Members Cavanagh, Farber, Jones, Resnick, Roussell, Sprank; City Manager Van Milligen, City Attor- ney Brumwell. Mayor Buol read the call and stated this is a special session of the City Council called for the purposes of adopting the City of Dubuque An- nual Budget for FY22 and conducting such business that may properly come before the City Council. CONSENT ITEMS Council Member Cavanagh requested Con- sent Item #2: Landlord Incentives for Accepting Housing Assistance be held for separate dis- cussion. Motion by Resnick to receive and file Consent Item #1: 2020 Dubuque Crime Statis- tics Handout. Seconded by Roussell. Motion carried 7-0. 1. 2020 Dubuque Crime Statistics Handout: City Manager transmitted the 2020 Dubuque Crime Statistics Handout. Upon motion the doc- uments were received and filed. 2. Landlord Incentives for Accepting Hous- ing Assistance: City Manager transmitted infor- mation regarding the release of new programs to incentivize landlords to accept housing assis- tance. Housing and Community Development Director Alexis Steger provided a summary of the programs. Ms. Steger responded to ques- tions from the City Council regarding the pro- grams' start date and the verification process for appliance replacements. City Manager Van Milligen stated that City Council will receive an update on these programs before their August goal setting per City Council's request. Motion by Cavanagh to receive and file the documents. Seconded by Jones. Motion carried 7-0. Book 151 Special Session, March 24, 2021 97 PUBLIC HEARINGS 1. Adopting the FY22 Budget Recommen- dation as Amended: Proof of publication on no- tice of public hearing to consider approval of the City of Dubuque FY22 Annual Budget and Five - Year Capital Improvement Program as amended, and City Manager recommended ap- proval. Motion by Jones to receive and file the documents and adopt Resolution No. 87-21 Adopting the City of Dubuque FY22 Annual Budget and Resolution No. 88-21 Adopting the City of Dubuque Five Year Capital Improve- ment Program. Seconded by Roussell. City Manager Van Milligen made a presentation. Highlights included: Amended FY22 Recom- mended Tax Rates; American Rescue Plan; American Rescue Plan (ARP) Impact; ARP Fund Priorities; Amended FY22 Recommended Property Tax Rate Comparison; City Portion of Property Tax Rate Comparison; Amended FY22 Recommended Taxable Value Per Cap- ita; Taxes Per Capita Comparison; City Utilities; and Storm Water Rate Comparison. City Man- ager Van Milligen responded to questions from the City Council regarding how American Res- cue Plan funds will be utilized, pending State legislation that may impact City revenue sources, the City staff and community partners who are communicating with State legislatures about pending legislation, and the funding strat- egy for currently frozen positions. City Council members individually expressed their support for the budget recommendation. Staff stated that no online public input had been received for this item. Motion carried 7-0. RESOLUTION NO. 87-21 ADOPTING THE CITY OF DUBUQUE FY22 ANNUAL BUDGET NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the annual budget for the fis- cal year ending June 30, 2022, as set forth in the Adoption of Budget and Certification of Taxes and supporting state budget forms show- ing the revenue estimates and appropriation ex- penditures and allocations to programs and ac- tivities for said fiscal year, is adopted as amended. Section 2. The City Clerk is directed to make the filings required by law. Passed, approved, and adopted this 24th day of March 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk RESOLUTION NO. 88-21 ADOPTING THE CITY OF DUBUQUE FIVE YEAR CAPITAL IMPROVEMENT PROGRAM Whereas, a recommended five-year Capital Improvement Program for the period beginning July 1, 2021, and ending June 30, 2026, for the City of Dubuque has been prepared and sub- mitted to the City Council; and Whereas, the five-year Capital Improve- ment Program describes specific capital im- provement projects, provides estimated costs for those projects, proposes sources of funds for each of them, and schedules the year during which each project will be undertaken; and Whereas, the capital improvement projects for the first year are included in the FY22 budget for the City of Dubuque; and Whereas, the five-year Capital Improve- ment Program will be reconsidered annually by the City Council and appropriately revised; and Whereas, the adoption of the five-year Cap- ital Improvement Program is a prudent measure to provide continuity of programs and is in the best interest of the City of Dubuque. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the five-year Capital Im- provement Program for the period beginning July 1, 2021, set out in the FY22-2026 Recom- mended Capital Improvement Budget, is hereby approved, and adopted as amended al- location of City resources for capital improve- ments as scheduled in the years shown, subject to annual review and revision. Passed, approved, and adopted this 24'h day of March 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk ACTION ITEMS 1. Code of Ordinance Amendments - Title 13 Public Utilities - Fixing Water Rates: Resi- dential, Commercial, Industrial, and other uses; Fire Sprinkler Service. Motion by Jones to re- ceive and file the documents and that the re- quirement that a proposed ordinance be con- sidered and voted on for passage at two Coun- cil meetings prior to the meeting at which it is to be passed be suspended. Seconded by Res- nick. Motion carried 7-0. Motion by Resnick for final consideration and passage of Ordinance No. 6-21 Establish- ing City of Dubuque Code of Ordinances Title 13 Public Utilities, Chapter 1 Water Use and Service, Article C Rates, Section 13-1 C-1(A) Fixing Water Rates for Residential, Commer- cial, Industrial, and all other uses and Ordi- nance No. 7-21 Establishing the City of Dubu- que Code of Ordinances Title 13 Public Utilities Chapter 1 Water Use and Service, Article C Rates Section 13-1 C-2 Fixing Water Rates for Fire Sprinkler Service. Seconded by Jones. Mo- tion carried 7-0. 98 Special Session, March 24, 2021 Book 151 OFFICIAL PUBLICATION ORDINANCE NO. 6-21 ESTABLISHING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 13 PUBLIC UTILI- TIES, CHAPTER 1 WATER USE AND SER- VICE, ARTICLE C RATES, SECTION 13-1 C- 1(A) FIXING WATER RATES FOR RESIDEW TIAL, COMMERCIAL, INDUSTRIAL, AND ALL OTHER USES NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. Section 13-1 C-1(A) of the City of Dubuque Code of Ordinances, is hereby un- changed, and shall read as follows: Section 13-1C-1A: Residential, Commer- cial, Industrial and All Other Uses. A. Rates Established: The rates to be charged for water for residential, commercial, industrial and all other uses and purposes by any person, firm or corporation within the city shall be based on units of one hundred cubic feet (748 gallons) or per gallon as follows: Monthly Consumption (in Hundreds of Cubic Feet) Charge per Hundred Cubic Feet First 30 $3.97 Next 120 $3.23 Next 350 $3.00 Next 500 $2.65 Over 1,000 $2.35 Monthly Consumption (in Gallons Charge Per Gallon First 22,440 $0.00527 Next 89,760 $0.00432 Next 261,800 $0.00403 Next 374,000 $0.00355 Over 748,000 $0.00311 Rates shall be subject to the following mini- mum monthly charge according to the size of the meter: Meter Size Per Gal. Monthly Con- sumption (In Hundreds of Cubic Ft.) Monthly Con - sumption (In Gal. Cost 5/8 2 1,496 $7.88 3/4 5 3,740 $19.71 1 8 5,984 $31.54 11/2 26 19,448 $102.49 2 46 34,408 $169.96 3 106 79,288 $363.84 4 168 125,664 $560.28 6 368 275,264 $1,163.17 8 625 467,500 $1,893.00 A property owner shall pay a $50.00 dis- connect fee for water service that is discon- nected by the city for a meter not in service. When a tenant account is subject to discon- nection due to delinquency, the tenant shall pay the $50.00 disconnect fee. A $50.00 service call fee shall be changed to property owners or tenant account for those service calls that are determined to be related to customer negligence. A $7.21 minimum monthly charge shall be assessed for meters not in service. Section 2. This Ordinance shall take effect July 1, 2021. Passed, approved, and adopted this 24th day of March 2021. /s/Roy D. Buol, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 31It day of March 2021. /s/Adrienne N. Breitfelder, City Clerk OFFICIAL PUBLICATION ORDINANCE NO. 7-21 ESTABLISHING THE CITY OF DUBUQUE CODE OF ORDINANCES TITLE 13 PUBLIC UTILITIES CHAPTER 1 WATER USE AND SERVICE, ARTICLE C RATES SECTION 13- 1 C-2 FIXING WATER RATES FOR FIRE SPRINKLER SERVICE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. Section 13-1 C-2 of the City of Dubuque Code of Ordinances is hereby un- changed, and shall read as follows: Section 13-1 C-2: Fire Sprinkler Service. Customers who have fire sprinkler service shall be billed for this service on a monthly basis. The monthly charge shall be as follows: Current Number of Heads Monthly Charges Up to 200 minimum $24.17 200-299 500 heads $29.02 300-399 $33.79 400-599 $38.68 600-799 $43.47 800 -999 $48.33 1,000 - 1,199 $53.18 1,200 - 1,399 $57.96 1,400 - 1,599 $62.80 1,600 - 1,799 $67.65 1,800 - 1,999 $72.44 2,000 - 2,199 $77.29 2,200 - 2,399 $82.12 2,400 - 2,599 $86.96 2,600 - 2,799 $91.79 2,800 - 2,900 $96.74 3,000 - 3,499 $101.44 Over 3,500* $4.82 *(for each additional or fraction thereof Section 2. This Ordinance shall take effect July 1, 2021. Passed, approved, and adopted this 24th day of March 2021. /s/Roy D. Buol, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 31 It day of March 2021. /s/Adrienne N. Breitfelder, City Clerk 2. Code of Ordinance Amendment - Title 13 Public Utilities - Establishing Sewer Rates. Mo- tion by Cavanagh to receive and file the docu- ments and that the requirement that a proposed Book 151 Special Session, March 24, 2021 99 ordinance be considered and voted on for pas- sage at two Council meetings prior to the meet- ing at which it is to be passed be suspended. Seconded by Roussell. Motion carried 7-0. Motion by Cavanagh for final consideration and passage of Ordinance No. 8-21 City of Dubuque Code of Ordinances Title 13 Public Utilities, Chapter 2 Sewers and Sewage Dis- posal, Article C Rates, Section 13-2C-3 Rates Established for FY22. Seconded by Roussell. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 8-21 CITY OF DUBUQUE CODE OF ORDINANCES TITLE 13 PUBLIC UTILITIES, CHAPTER 2 SEWERS AND SEWAGE DISPOSAL, ARTI- CLE C RATES, SECTION 13-2C-3 RATES ES- TABLISHED FOR FY22 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. Section 13-2C-3 of the City of Dubuque Code of Ordinances reads as follows: 13-2C-3: Rates Established: Contributors whose property lies within the corporate limits of the city, except as otherwise provided in this article, shall pay to the city at the same time payment for water services is made, a sewer service charge computed on water consump- tion on the following rates: B. Schedule of Rates: Rate per each 100 cubic feet $5.42 Rate per each gallon 0.00725 C. Service Charge: 7. Where the quantity of water con- sumed is such that the minimum of service is charged, the minimum sewer service charge, according to the size of the meter, shall be as follows: Meter Size Minimum Allowance Allowance Inch. Charge Cubic Ft. Gallons 5/8 $10.85 200 1,496 3/4 $27.12 500 3,740 1 or larger $43.38 1 800 1 5,984 Section 2. This Ordinance shall take effect on the 1 st day of July 2021. Passed, approved, and adopted this 24th day of March 2021. /s/Roy D. Buol, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 31 st day of March 2021. /s/Adrienne N. Breitfelder, City Clerk 3. Code of Ordinance Amendments - Title 13 Public Utilities - Solid Waste. 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. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 9-21 Amending City of Dubuque Code of Ordinances Title 13 Public Utilities, Chapter 6 Solid Waste, Sections 13-6- 1 Definitions; 13-6-3 Container Requirements; Collection Restrictions; 13-6-6 Storage and Ac- cumulation Restricted; 13-6-7 Hazardous and Prohibited Wastes Regulated; and Title 13 Pub- lic Utilities, Chapter 6 Solid Waste, Article A City or Private Collection Service, Sections 13-6A-2 Availability Of Collection Services; 13-6A-3 Fre- quency, Time And Areas Of Collection; 13-6A- 4 Placement Of Containers For Collection; 13- 6A-6 Rates And Charges Established; Excep- tions; 13-6A-8 Yard Waste And Food Scraps; 13-6A-9 Private Collection Service. Seconded by Resnick. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 9-21 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 13 PUBLIC UTILITIES, CHAPTER 6 SOLID WASTE, SECTIONS 13- 6-1 DEFINITIONS; 13-6-3 CONTAINER RE- QUIREMENTS; COLLECTION RE- STRICTIONS; 13-6-6 STORAGE AND ACCU- MULATION RESTRICTED; 13-6-7 HAZARD- OUS AND PROHIBITED WASTES REGU- LATED; AND TITLE 13 PUBLIC UTILITIES, CHAPTER 6 SOLID WASTE, ARTICLE A CITY OR PRIVATE COLLECTION SERVICE, SECTIONS 13-6A-2 AVAILABILITY OF COL- LECTION SERVICES; 13-6A-3 FREQUENCY, TIME AND AREAS OF COLLECTION; 13-6A- 4 PLACEMENT OF CONTAINERS FOR COL- LECTION; 13-6A-6 RATES AND CHARGES ESTABLISHED; EXCEPTIONS; 13-6A-8 YARD WASTE AND FOOD SCRAPS; 13-6A- 9 PRIVATE COLLECTION SERVICE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. Section 13-6-1 of the City of Dubuque Code of Ordinances is hereby amended as follows: 13-6-1: DEFINITIONS: For the purpose of this chapter the following definitions shall apply: BUILDING MATERIALS: Any material such as lumber, floor coverings, brick, plas- ter, sheet metal or any other substances ac- cumulated as a result of repairs or additions to existing buildings, construction of new buildings or demolition of existing struc- tures. CLASS I PREMISES: Shall mean and in- clude the following properties in the City of Dubuque: A. Single-family dwellings. B. Multiple -family dwellings up to and in- cluding six (6) dwelling units. 100 Special Session, March 24, 2021 Book 151 C. Dwelling units in business or com- mercial premises where two (2) or more laterally connected or joined dwelling units, including condominiums, town- houses and row houses, in which each dwelling unit has separate access and util- ity service, each dwelling unit shall consti- tute a single-family dwelling. CLASS II PREMISES: Residential prem- ises other than Class I residential premises, located in the City of Dubuque, including: A. Dwellings in trailer courts; B. Schools, colleges, churches, con- vents, nursing homes, rooming houses and other semiprivate institutions; and C. Multiple -family dwellings exceeding six (6) dwelling units. CLASS III PREMISES: All business and commercial premises located in the City of Dubuque, including that part of a residential premises with a business or commercial use. DWELLING: Shall mean and include any building or portion thereof containing one or more dwelling units. DWELLING UNIT: Shall mean and in- clude one or more connected rooms having complete kitchen facilities and arranged, designed or used as living quarters for one family only. FOOD SCRAPS: Solid, semisolid and liq- uid animal and vegetable residuals resulting from the handling, preparing, cooking, stor- ing, serving and consuming of food. GARBAGE: All solid and semisolid, pu- trescible animal and vegetable wastes re- sulting from the handling, preparing, cook- ing, storing, serving and consuming of food or of material intended for use as food, and all offal, excluding useful industrial byprod- ucts, and shall include all such substances from all public and private establishments and from all residences. HAZARDOUS WASTES: Waste materi- als, including, but not limited to, poisons, pesticides, herbicides, acids, caustics, bio- hazardous wastes, flammable or explosive materials and similar harmful wastes which require special handling, and which must be disposed of in such a manner as to con- serve the environment and protect the pub- lic health and safety. OTHER COMPOSTABLE MATERIALS: Napkins, plates, cups, bowls, towels, tis- sues, and takeout containers made from pa- per as well as other materials as approved by the city manager. OWNER: In addition to the record title- holder, any person residing in, renting, leas- ing, occupying, operating, or transacting business in any premises and as between such parties, the duties, responsibilities, lia- bilities, and obligations hereafter imposed shall be joint and several. PREMISES: A building or part of a build- ing and its grounds located in the City of Dubuque. RECYCLABLE MATERIALS: Materials, including, but not limited to, food container glass, aluminum, steel (tin) cans, no. 1 and no. 2 plastic bottles, uncontaminated news- papers, and glossy paper (magazines). Newspapers and glossy paper shall be con- sidered uncontaminated if they have not been exposed to substances or conditions rendering them unusable for recycling. REFUSE: Putrescible and non-putresci- ble wastes including, but not limited to, gar- bage, rubbish, ashes, incinerator ash, incin- erator residues, street cleanings, market and industrial solid wastes and sewage treatment wastes in dry or semisolid form. RUBBISH: Non-putrescible solid waste consisting of combustible and noncombus- tible wastes, such as furniture, appliances, tires, building materials or similar wastes. SOLID WASTE: Garbage, refuse, rub- bish, and other similar discarded solid or semisolid materials, including, but not lim- ited to, such materials resulting from indus- trial, commercial, agricultural, and domestic activities. Solid waste includes vehicles. Solid waste does not include toxic and haz- ardous wastes as defined by the Iowa de- partment of natural resources. YARD WASTE: Debris such as grass clip- pings, leaves, garden wastes, brush and trees as defined by the Iowa department of natural resources. Yard waste does not in- clude tree stumps. (Ord. 20-06, 3-2-2006, eff. 4-3-2006) Section 2. Section 13-6-3 of the City of Dubuque Code of Ordinances is hereby amended as follows: 13-6-3: CONTAINER REQUIREMENTS; COLLECTION RESTRICTIONS: A. Disposal in Containers; Preparation of Waste for Disposal: Solid waste shall be placed in bags secured with tags or otherwise sealed and placed in suitable containers. However, it shall not be nec- essary to place books, boxes, magazines, or newspapers in containers, provided they are securely tied in bundles or com- pletely contained in disposable boxes not more than twenty by thirty by forty-eight inches (20x30x48"). Tree limbs and car- pet shall be securely tied in bundles not more than forty-eight inches (48") long and eighteen inches (18") in diameter. B. Container Standards: A standard solid waste container shall be not more than thirty-five (35) gallons nor be less than five (5) gallons in capacity except when only one container is used, in which case such container may be less than five Book 151 Special Session, March 24, 2021 101 (5) gallons in capacity. All such containers shall be waterproof and fitted with a tight lid and shall have handles, bails, or other suitable lifting devices. Containers shall be of a type originally manufactured for re- fuse or garbage, with tapered sides for easy emptying, and shall be of lightweight and sturdy construction. The weight of any individual standard container and its con- tents shall not exceed forty (40) pounds. Galvanized steel and similar metal con- tainers, rubber containers, and plastic containers which do not become brittle in cold weather, may be used. Oil or grease drums, paint cans, and similar salvaged containers shall not be used. Disposable bags manufactured for garbage and solid waste disposal shall be acceptable unless they are left unattended for such a period of time or in such a location as to become a health hazard. C. Healthcare Waste: 1. Except for Class II premises, healthcare waste shall be placed in suit- able containers separately from all other solid waste. Sharp objects such as hy- podermic needles, syringes and lancets shall be securely contained in hard plas- tic or metal disposable containers with screw on or tightly secured lids for col- lection. Broken glass and similar materi- als shall be placed in disposable boxes with a secure closure. Other healthcare waste such as soiled bandages, dispos- able sheets and medical gloves shall be placed in thick disposable plastic bags or shall be double bagged. 2. Class II premises shall comply with all occupational safety health admin- istration (OSHA) regulations concerning the disposal of potentially infectious wastes. D. Unacceptable Items for Collection: A basket, box or noncomplying solid waste container shall be considered disposable solid waste and shall be removed by the col- lection crews if it is the proper size and oth- erwise acceptable for collection. It shall be left uncollected if it is larger than the allow- able size or otherwise unacceptable for col- lection. E. Recycling Containers Provided: One curbside recycling container shall be pro- vided by the city to each dwelling unit in Class I premises for the collection of recy- clable materials. F. Large and Bulky Rubbish: Large and bulky rubbish such as furniture and appli- ances shall not be collected except when a special collection is established by the city manager for the collection of such items. (2007 Code §40-18) Section 3. Section 13-6-6 of the City of Dubuque Code of Ordinances is hereby amended as follows: 13-6-6: STORAGE AND ACCUMULATION RESTRICTED: A. Storage In Metal Containers: Within the corporate limits of the city, all garbage or refuse consisting of waste animal or vegetable matter upon which rats may feed, and all small dead animals, shall be placed and stored until collected in cov- ered metal containers of a type prescribed by the health officer. B. Dumping on Premises or Waterways Prohibited: It is unlawful for any person to dump or place on any premises, land or waterway, any dead animals, or any waste vegetable or animal matter of any kind. C. Providing Harborage for Rats: It shall be unlawful for any person to place, leave, dump, or permit to accumulate any gar- bage, rubbish or trash in any building or on any premises, improved or vacant, or on any open lot or alley in the city so that the same shall or may afford food or har- borage for rats. D. Lumber And Boxes Placed On Ele- vated Racks: It shall be unlawful for any person to permit to accumulate on any premises, improved or vacant, or on any open lot or alley in the city any lumber, boxes, barrels, bottles, cans, containers or similar material that may be permitted to remain thereon unless same shall be placed on open racks that are elevated not less than eighteen inches (18") above the ground, and evenly piled or stacked. (2007 Code §31-74) Section 4. Section 13-6-7 of the City of Dubuque Code of Ordinances is hereby amended as follows: 13-6-7: HAZARDOUS AND PROHIBITED WASTES REGULATED: A. Deposits Prohibited Except For Spe- cial Collection: No person shall deposit in a solid waste container or otherwise offer for city collection any hazardous wastes or prohibited wastes, except when a special collection is established by the city man- ager under subsection 13-6-3F of this chapter. B. Transportation by Owner: Hazardous wastes and prohibited wastes shall be transported by the owner to a sanitary dis- posal project licensed by the Iowa depart- ment of natural resources to accept such wastes. C. Prohibited Wastes Described: "Pro- hibited wastes" includes, but is not limited to, waste oils, lead acid batteries and tires. (2007 Code §40-21) Section 5. Section 13-6A-2 of the City of Dubuque Code of Ordinances is hereby 102 Special Session, March 24, 2021 Book 151 amended as follows: 13-6A-2: AVAILABILITY OF COLLECTION SERVICE: A. Collection service is provided within the City of Dubuque to residents and busi- nesses located within city limits as out- lined below. The City Manager may con- sider requests for service outside of city limits, in the City Manager's sole discre- tion. B. Class I Premises: City solid waste collection from residential premises as de- fined in section 13-6-1 of this chapter shall be mandatory. C. Class II Premises: Class II premises not serviced by City solid waste collection services may apply to the City Manager for such collection services. The collection rate shall be determined according to the fee schedule set forth in section 13-6A-6 of this article. D. Class III Premises: Class III premises not serviced by City solid waste collection services may apply to the City Manager for such collection services. The collection rate shall be determined according to the fee schedule set forth in section 13-6A-6 of this article. E. Recycling Services: Class II premises not serviced by City solid waste collection service and Class III premises may apply to the City Manager for such recycling ser- vices. The collection rate shall be deter- mined according to the fee schedule set forth in section 13-6A-6 of this article. F. Refusal of Service: The City Manager may refuse solid waste collection service or recycling services because of quanti- ties or characteristics beyond the capacity or capability to be handled efficiently or safely by City personnel and equipment. (Ord. 14-19, 3-7-2019, eff. 7-1-2019) Section 6. Section 13-6A-3 of the City of Dubuque Code of Ordinances is hereby amended as follows: 13-6A-3: FREQUENCY, TIME AND AREAS OF COLLECTION: A. Frequency and Time Of Collection: Collections shall be made not more than once weekly at such time and in such ar- eas of the City as shall be determined and set out in schedules prepared by the City Manager in accordance with the provi- sions of this article. All collections shall be made between the hours of six o'clock (6:00) a.m. and nine o'clock (9:00) p.m. B. Collection Schedule: The collection schedule shall not include official City hol- idays unless otherwise determined by the City Manager. However, a Saturday may be substituted as the collection day to re- place the collection which would other- wise be made on the day of the week the holiday occurs. C. Authority to Change Schedule: The City Manager is hereby authorized and empowered to change or amend the col- lection schedules from time to time as the City Manager may deem necessary. (2007 Code §40-33) Section 7. Section 13-6A-4 of the City of Dubuque Code of Ordinances is hereby amended as follows: 13-6A-4: PLACEMENT OF CONTAINERS FOR COLLECTION: A. Alleys: Where collections are made from alleys, solid waste containers shall be placed in one location for each dwell- ing, in clear view and at the owner's prop- erty line abutting the alley and on the days designated in said schedule. B. Streets: Where collections are made from the street, solid waste containers shall be placed in one location for each dwelling, in clear view and in the street right-of-way on the owner's property side of the curb and on the days designated in said schedule. Such containers shall be placed so as not to interfere with vehicular and pedestrian traffic and when emptied shall be promptly removed by the owner. C. Time Limit for Placement of Contain- ers on Streets: No person shall place solid waste or recycling at the street for collec- tion more than twenty-four (24) hours be- fore the scheduled collection day. No per- son shall leave solid waste containers or recycling containers at the street for more than twenty-four (24) hours after the scheduled collection day. D. Early Placement: All solid waste shall be placed at the designated collection lo- cation for City collection by six o'clock (6:00) a.m. on the scheduled collection day. E. Duty When Solid Waste Not Col- lected: Any solid waste not in compliance with this chapter shall not be collected by the City and shall be removed by the owner within twenty-four (24) hours after the scheduled collection day and stored in such a manner as not to create a health, safety, or fire hazard. (Ord. 27-17, 6-5- 2017) Section 8. Section 13-6A-6 of the City of Dubuque Code of Ordinances is hereby amended as follows: 13-6A-6: RATES AND CHARGES ESTAB- LISHED; EXCEPTIONS: A. Class I Premises: 1. Base Fee and Conditions: Unless subscribed to a solid waste cart, a fee of fifteen dollars and thirty-eight cents ($15.38) per dwelling unit per month Book 151 Special Session, March 24, 2021 103 shall be paid to the City by the property owner of each Class I premises for such solid waste collection services. Said fee shall be in payment for collection and disposal of one (1) 35-gallon can or one (1) 35-gallon trash bag of "solid waste" as defined in this chapter. There is no limit on the number of bins allowed to be collected containing acceptable "recy- clable materials" as defined in this chap- ter. 2. Solid Waste Cart Subscriptions: a. Mandatory Subscription Alleys: (1) Carts Required: Alley carts, owned by the City for semiauto- mated lifting, are required to be sub- scribed to in certain alleys, by own- ers, tenants, and/or property manag- ers of Class I premises where the approved set out location is in a mandated alley. Subscribers must comply with program requirements as approved by the City Manager. The customer shall choose the num- ber and size of the cart. The options include a thirty-four (34), forty-eight (48), sixty-four (64), or ninety-six (96) gallon solid waste cart. (2) Mandatory Alley Fees: The fee for a thirty-four (34) gallon solid waste cart is fifteen dollars and thirty-eight cents ($15.38) per month. The fee for a forty-eight (48) gallon solid waste cart is fifteen dol- lars and thirty-eight cents ($15.38) per month. The fee for a sixty-four (64) gallon solid waste cart is sixteen dollars and sixty-five cents ($16.65) per month. The fee for a ninety-six (96) gallon solid waste cart is twenty- four dollars and seventy-eight cents ($24.78) per month. b. Optional Cart Subscriptions: (1) Optional Carts: In the areas where solid waste carts, owned by the City for semi -automated lifting, are not mandated carts may be sub- scribed to by owners and/or property managers of Class I premises. Sub- scribers must comply with program requirements as approved by the City Manager. The customer shall choose the number and size of the cart. The options include thirty-four (34), forty-eight (48), sixty-four (64), or ninety-six (96) gallon solid waste carts. (2) Optional Cart Fees: The fee for a thirty-four (34) gallon solid waste cart is fifteen dollars and thirty-eight cents ($15.38) per month. The fee for a forty-eight (48) gallon solid waste cart is seventeen dollars and twenty-two cents ($17.22) per month. The fee for a sixty-four (64) gallon solid waste cart is twenty dol- lars and sixty-five cents ($20.65) per month. The fee for a ninety-six (96) gallon solid waste cart is twenty-nine dollars ($29.00) per month. c. Multifamily Dwellings: Multifamily dwellings required to subscribe to al- ley carts and multifamily dwellings opt- ing to subscribe to solid waste cart(s) must provide a minimum of thirty (30) gallons of capacity for each dwelling unit. The City may, in its sole discre- tion, require additional capacity per unit if thirty (30) gallons for each dwell- ing unit is insufficient. The City shall notify the applicable account holder in writing of the additional capacity re- quirement. 3. Class I Premises Exceptions: a. When a Class I premises has been vacant for a period not less than two (2) consecutive months, the owner may apply to the City Manager for a credit under procedures to be estab- lished by the City Manager. Such credit shall continue only so long as the Class I premises is vacant. b. In cases of extreme financial hard- ship, the City Manager may, and is hereby authorized and empowered to, make adjustments in the monthly col- lection charges as the City Manager may deem appropriate. In such cases, the City Manager shall have the au- thority to require such proof of finan- cial status or extreme hardship, as the City Manager may deem necessary. c. When resident(s) of a Class I premises has an annual income equal to or less than the income standards used by HUD for its "Section 8 Hous- ing Program" for the size of that household may, upon application to the City Manager or designee, be ex- empted from one-half (1/2) the estab- lished collection charge. After the ini- tial application, annual application shall be made by the account holder of the City of Dubuque utility bill for the premises to verify annual income and eligibility. B. Class II Premises: 1. Base Fees and Conditions: Unless subscribed to a solid waste cart, a fee of fifteen dollars and thirty-eight cents ($15.38) per month shall be paid to the City by the property owner of each Class II premises for such solid waste collec- tion services. Said fee shall be in pay- ment for collection and disposal of one (1) 35-gallon can or one (1) 35-gallon 104 Special Session, March 24, 2021 Book 151 trash bag of "solid waste" as defined. There is no limit on the number of bins allowed to be collected containing ac- ceptable "recyclable materials" as de- fined. 2. Solid Waste Cart Subscriptions: a. Mandatory Subscription Alleys: (1) Carts Required: Alley carts, owned by the City for semiauto- mated lifting, are required to be sub- scribed to in certain alleys, by own- ers, tenants, and/or property manag- ers of Class II premises where the approved set out location is in a mandated alley. Subscribers must comply with program requirements as approved by the City Manager. The customer shall choose the num- ber and size of the cart. The options include a thirty-four (34), forty-eight (48), sixty-four (64), or ninety-six (96) gallon solid waste cart. (2) Mandatory Alley Fees: The fee for a thirty-four (34) gallon solid waste cart is fifteen dollars and thirty-eight cents ($15.38) per month. The fee for a forty-eight (48) gallon solid waste cart is fifteen dol- lars and thirty-eight cents ($15.38) per month. The fee for a sixty- four (64) gallon solid waste cart is sixteen dollars and sixty-five cents ($16.65) per month. The fee for a ninety-six (96) gallon solid waste cart is twenty- four dollars and seventy-eight cents (24.78) per month. b. Optional Cart Subscriptions: (1) Optional Carts: In the areas where solid waste carts, owned by the City for semi -automated lifting, are not mandated carts may be sub- scribed to by owners and/or property managers of Class II premises. Sub- scribers must comply with program requirements as approved by the City Manager. The customer shall choose the number and size of the cart. The options include thirty-four (34), forty-eight (48), sixty-four (64), or ninety-six (96) gallon solid waste carts. (2) Optional Cart Fees: The fee for a thirty-four (34) gallon solid waste cart is fifteen dollars and thirty-eight cents ($15.38) per month. The fee for a forty-eight (48) gallon solid waste cart is seventeen dollars and twenty-two cents ($17.22) per month. The fee for a sixty-four (64) gallon solid waste cart is twenty dol- lars and sixty-five cents ($20.65) per month. The fee for a ninety-six (96) gallon solid waste cart is twenty-nine dollars ($29.00) per month. c. Multifamily Dwellings: Multifamily dwellings required to subscribe to al- ley carts and multifamily dwellings opt- ing to subscribe to solid waste cart(s) must provide a minimum of thirty (30) gallons of capacity for each dwelling unit. 3. Termination: The owner of a Class II premises served by the City solid waste collection may provide the City Manager with not less than fourteen (14) days' written notice of intent to terminate the service. Such termination of service shall be effective at the beginning of the next billing period after such fourteen (14) day notice period. 4. Recycling Only: Upon approval of an application for City recycling collec- tion a fee of six dollars ($6.00) per month per unit shall be paid to the City by the property owner of each Class II premises not serviced by City solid waste collection services for recycling collection. C. Class III Premises: 1. Base Fees and Conditions: Unless subscribed to a solid waste cart, a fee of fifteen dollars and thirty-eight cents ($15.38) per dwelling per month shall be paid to the City by the property owner of each Class III premises for such ser- vices. Said fee shall be in payment for collection and disposal of one (1) 35-gal- Ion can or one (1) 35-gallon trash bag of "solid waste" as defined. There is no limit on the number of bins allowed to be collected containing acceptable "recy- clable materials" as defined. 2. Solid Waste Cart Subscriptions: a. Mandatory Subscription Alleys: (1) Required Carts: Alley carts, owned by the City for semiauto- mated lifting, are required to be sub- scribed to in certain alleys, by own- ers, tenants, and/or property manag- ers of Class III premises where the approved set out location is in a mandated alley. Subscribers must comply with program requirements as approved by the City Manager. The customer shall choose the num- ber and size of the cart. The options include a thirty-four (34), forty-eight (48), sixty-four (64), or ninety-six (96) gallon solid waste cart. (2) Mandatory Alley Fees: The fee for a thirty-four (34) gallon solid waste cart is fifteen dollars and thirty-eight cents ($15.38) per month. The fee for a forty-eight (48) gallon solid waste cart is fifteen dol- lars and thirty-eight cents ($15.38) Book 151 Special Session, March 24, 2021 105 per month. The fee for a sixty-four (64) gallon solid waste cart is sixteen dollars and sixty-five cents ($16.65) per month. The fee for a ninety-six (96) gallon solid waste cart is twenty- four dollars and seventy-eight cents ($24.78) per month. b. Optional Cart Subscriptions: (1) Optional Carts: In the areas where solid waste carts, owned by the City for semi -automated lifting, are not mandated carts may be sub- scribed to by owners and/or property managers of Class III premises. Subscribers must comply with pro- gram requirements as approved by the City Manager. The customer shall choose the number and size of the cart. The options include thirty- four (34), forty-eight (48), sixty-four (64), or ninety-six (96) gallon solid waste carts. (2) Optional Cart Fees: The fee for a thirty-four (34) gallon solid waste cart is fifteen dollars and thirty-eight cents ($15.38) per month. The fee for a forty-eight (48) gallon solid waste cart is seventeen dollars and twenty-two cents ($17.22) per month. The fee for a sixty-four (64) gallon solid waste cart is twenty dol- lars and sixty-five cents ($20.65) per month. The fee for a ninety-six (96) gallon solid waste cart is twenty-nine and dollars ($29.00) per month. 3. Termination: The owner of a Class III premises served by City solid waste collection may provide the City Manager with not less than fourteen (14) days' written notice of intent to terminate the service. Such termination of service shall be effective at the beginning of the next billing period after such fourteen (14) day notice period. 4. Recycling Only: Upon approval of an application for City recycling collec- tion a fee of six dollars ($6.00) per month per unit shall be paid to the City by the property owner of each Class III premises not serviced by City solid waste collection services for recycling collection. D. Unit Based Pricing: Collection op- tions and charges under unit -based pric- ing for Class I, II and III premises are as follows: 1. A yearly subscription for weekly col- lection of an additional standard solid waste container, or containers, may be subscribed for an additional eight dollars ($8.00) each per month. 2. Oversized, nonstandard rigid solid waste containers of up to fifty (50) gal- lons in capacity may be subscribed as the one container covered under the base monthly solid waste fee for an ad- ditional five dollars ($5.00) per month. Such containers shall be holders for standard trash bags for manual removal by City crews, shall not contain any loose material, and shall not be lifted and dumped by crews. Individual trash bags held in the oversized container shall weigh no more than forty (40) pounds. 3. A yearly subscription for weekly col- lection of an additional oversized solid waste container, or containers, may be subscribed for an additional twelve dol- lars ($12.00) each per month. 4. Official City of Dubuque single -use stickers costing one dollar and fifty cents ($1.50) shall be applied to each addi- tional standard solid waste container or small bulky or bundled item in excess of the one standard solid waste container collected under the base monthly solid waste fee or any additional subscribed container(s). 5. Multiple -family dwellings of three (3), four (4), five (5), and six (6) dwelling units as well as Class II or Class III premises sharing a common set out lo- cation with other City solid waste cus- tomers shall only use approved rigid solid waste containers with permanent identification as to the specific premises. However, for the two (2) weeks following Christmas, excess solid waste may be set out in trash bags with applied City of Dubuque single use stickers. The ca- pacity must be a minimum of thirty (30) gallons per dwelling unit. E. Special Collection: The charge for a special collection service for large and bulky rubbish to each dwelling unit receiv- ing such service when requested by the owner shall be as follows: 1. A fee of ten dollars ($10.00) shall be paid by the owner for each time the ser- vice is provided for up to the equivalent of three (3) cubic yards of solid waste. 2. An additional fee of twelve dollars and fifty cents ($12.50) shall be paid for each additional three (3) cubic yards of solid waste. 3. An additional fee for tires, equal to the disposal fees charged at the Dubu- que Metro Landfill, shall be paid to the City by the owner for each tire. 4. An additional fee of ten dollars ($10.00) shall be paid to the City by the owner for each appliance collected in the service. 5. An additional fee of ten dollars 106 Special Session, March 24, 2021 Book 151 ($10.00) shall be paid to the City by the owner for each collection requested by the owner to be scheduled for service on a day not receiving weekly collection at the service address. 6. An additional fee of ten dollars ($10.00) shall be paid to the City by the owner for each collection requested by the owner to be scheduled for immedi- ate service or whenever crews are sent back to the service address to collect items that were not properly set out on time as previously scheduled. 7. An additional fee of twenty dollars ($20.00) shall be paid to the City by the owner for each collection requested by the owner to be scheduled for collection of electronics including one device with an electronic screen (laptops, monitors, TVs, etc.). An additional fifteen -dollar ($15.00) fee will apply for each addi- tional device with an electronic screen set out per collection. (Ord. 14-19, 3-7- 2019, eff. 7-1-2019) Section 9. Section 13-6A-8 of the City of Dubuque Code of Ordinances is hereby amended as follows: 13-6A-8: YARD WASTE AND FOOD SCRAPS: A. Separation of Yard Waste: Yard waste shall be separated by the owner of a premises from all other solid waste. B. Composting: An owner may compost such person's own yard waste and food scraps on such person's own premises, provided the same is stored in such a manner as to not create a fire, health or safety hazard. C. Collection Schedule for Yard Waste: Yard waste that has not been composted shall be collected by the City not more than once each week according to the col- lection schedule established by the City Manager. D. Preparation Of Waste: Containerized yard waste collected by the City shall be placed in degradable paper bags with an affixed single use sticker or in rigid waste containers with an affixed single use tag or in permanent waste containers with an affixed annual yard waste decal or in a subscribed sixty-five (65) gallon City owned yard waste cart or be contained by tying devices approved by the City Man- ager. The charges for collection and dis- posal of "yard waste" as defined shall be as follows: 1. The fee for tying devices approved by the City Manager shall be one dollar thirty cents ($1.30) each. 2. The fee paid to the City by a cus- tomer of record with the City for an an- nual yard waste decal for a rigid waste container shall be thirty-five dollars ($35.00) each through June 30 of each year. The fee shall be reduced by one- half (1/2) on July 1 of each year and again by one-half (1/2) on September 1 of each year. A decal shall only be used by the customer of record with the City who purchased it. 3. The fee for single use stickers shall be one dollar and thirty cents ($1.30) each. 4. The fee paid to the City for subscrip- tion to a sixty-five (65) gallon City owned yard waste cart shall be eleven dollars ($11.00) per month. 5. The minimum fee paid to the City for collection of a scheduled leaf rake out is twenty dollars ($20.00) for a forty (40) standard leaf bag equivalent pile of leaves in the parking lane at the curb. E. Food Scrap Collection Program Sub- scribers: Subscribers to the food scrap collection program shall set out City owned carts containing food scraps and other compostable materials. SUBSCRIBER WEEKLY FOOD SCRAP COLLECTION SERVICES Customer Class Cart Size Monthly Rates City refuse customers and K - 12 schools 13 gallons $1.00 48 gallons $8.00 64 gallons $11.00 Commercial customers without City refuse col- lection 13 gallons $4.00 48 gallons $15.00 64 gallons $20.00 1. Such carts shall be co -collected with yard waste. The customer shall choose the number and size of the cart(s). 2. Such carts shall be set out weekly to reduce potential nuisance concerns. Failure to use, store or set out the cart properly shall cause the subscription to be terminated. F. Deposits in Public Rights -Of -Way Prohibited: No person shall deposit any yard waste or food scraps in any public right-of-way. (Ord. 4-16, 3-14-2016, eff. 7- 1-2016) Section 10. Section 13-6A-9 of the City of Dubuque Code of Ordinances is hereby amended as follows: 13-6A-9: PRIVATE COLLECTION SER- VICE: A. License Required: No person shall engage in the business of removing or hauling solid waste from the premises of another person without a license to do so from the City Manager. The issuance of such license shall be in the manner pre- scribed and subject to the terms of title 4, chapter 1 of this Code. (2007 Code § 40- 46) Book 151 Special Session, March 24, 2021 107 B. Application for License; Fee: Applica- tion for such license shall specify the type of equipment and vehicles to be used, the routes to be traveled, the places to be served and the name and residence of the applicant. Such person shall pay, at the Office of the City Treasurer, an annual li- cense fee of twenty-five dollars ($25.00) per year for each vehicle engaged in such business. (2007 Code § 40-47) C. Display of License Number on Vehi- cle: No person shall operate a vehicle li- censed under this section unless the li- cense number is prominently displayed on the lower portion of the driver's side of the windshield in clear view. Such license number shall be affixed to the vehicle not less than five (5) days after the day of is- sue. (2007 Code §40-48) D. Separability of Provisions: It is the in- tention of the City Council that each sub- section, paragraph, sentence, clause and provision of this section is separable, and if any provision is held unconstitutional or invalid for any reason, such decision shall not affect the remainder of this section nor any part thereof other than that affected by such decision. (2007 Code § 40-50) Section 11. This ordinance shall take effect on July 1, 2021. Passed, approved, and adopted this 24th day of March 2021. /s/Roy D. Buol, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 31It day of March 2021. /s/Adrienne N. Breitfelder, City Clerk 4. Code of Ordinance Amendment - Title 13 Public Utilities - Stormwater Management Utility Fee Rate Change. 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 Sprank. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 10-21 Amending City of Dubuque Code of Ordinances Section 13-4-5 (D) SFU Rate, Charges; Utility Reve- nues. Seconded by Sprank. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 10-21 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES SECTION 13-4-5 (D) SFU RATE, CHARGES; UTILITY REVENUES NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That City of Dubuque Code of Ordinances Section 13-4-5 is amended to read as follows: (D) The SFU rate to be applied to residential and nonresidential properties shall be $8.85 per SFU. Passed, approved, and adopted this 24th day of March 2021. /s/Roy D. Buol, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 31It day of March 2021. /s/Adrienne N. Breitfelder, City Clerk 5. Five -Year Street Construction Program for Fiscal Years 2022 — 2026. Motion by Res- nick to receive and file the documents and adopt Resolution No. 89-21 Adopting the Five - Year Street Construction Program for Fiscal Years 2022 — 2026. Seconded by Farber. Mo- tion carried 7-0. RESOLUTION NO. 89-21 ADOPTING THE FIVE-YEAR STREET CON- STRUCTION PROGRAM FOR FISCAL YEARS 2022 - 2026 Whereas, a recommended Five -Year Street Construction Program for the FY22 - 2026 be- ginning July 1, 2021, and ending June 30, 2026, for the City of Dubuque has been prepared and submitted to the City Council; and Whereas, the Five -Year Street Construction Program: 1) describes specific capital improve- ment projects; 2) provides estimated costs for those projects; 3) proposes sources of funding; and 4) schedules the fiscal/calendar year dur- ing which each project will be undertaken; and Whereas, the capital improvement projects for the first year of such five-year program are included in the FY22 budget; and Whereas, the adoption of the Five -Year Street Construction Program is a prudent measure to provide continuity of programs and is in the best interest of the City of Dubuque. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the Five -Year Street Con- struction Program for Fiscal Years 2022 — 2026 beginning July 1, 2021, set out in the Fiscal Years 2022 — 2026 recommended Capital Im- provement Budget, is hereby approved and adopted as the proposed allocation of City re- sources for capital improvements as scheduled in the years shown, subject to annual review and revision. Passed, adopted, and approved this 24th day of March 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk There being no further business, Mayor Buol declared the meeting adjourned at 7:45 p.m. /s/Adrienne N. Breitfelder, City Clerk 108 Special and Regular Sessions, April 5, 2021 Book 151 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 5:30 p.m. on April 5, 2021. Due to the COVID-19 pandemic and man- dates 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.citvofdubuque.org/me- dia, and streamed live on the City's Facebook page at www.facebook.com/cityofdubuque. Present: Mayor Buol; Council Members Cavanagh, Farber, Jones, Resnick, Roussell, Sprank; City Manager Van Milligen, City Attor- ney 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 Update. WORK SESSION COVID-19 PANDEMIC MONTHLY UPDATE City staff and network partners provided up- dates on the internal and community -facing re- sponses to the COVID-19 pandemic. • Community COVID-19 Update and Communication Response: Mary Rose Corrigan, Public Health Specialist and Alexis Steger, Housing and Community Development Director • Update on vaccine distribution, includ- ing GRC POD, call center and outreach to marginalized communities: Rick Stei- nes, Fire Chief; Cori Burbach, Assistant City Manager; and Kelly Larson, Human Rights Director • American Rescue Plan Update: Teri Goodmann, Director of Strategic Part- nerships • Community Partner Presentations: Jenna Manders, Director of Strategic Relations at the Community Foundation of Greater Dubuque. Rick Dickinson, President/CEO of Greater Dubuque De- velopment 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 man- dates for social distancing, this meeting was conducted virtually and aired live on CityChan- nel 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.face- book.com/cityofdubuque. Present: Mayor Buol; Council Members Cavanagh, Farber, Jones, Resnick, Roussell, Sprank; City Manager Van Milligen, City Attor- ney 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 Procla- mation (April 2021) was accepted by Karlene Clark, Sexual Assault Advocate for the River- view Center. 3. National Animal Care and Control Appre- ciation Week Proclamation (April 11-17, 2021) was accepted by McKinzie Flanagan, Animal Control Officer for the City of Dubuque Health Services Department. 4. Girl Scout Tree Promise Day Proclama- tion (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 President of Dubuque Trees Forever. CONSENT ITEMS Council Member Farber requested Item Nos. 10 and 11 be held for separate discussion. Motion by Resnick to receive and file the Book 151 Regular Session, April 5, 2021 109 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 Commission of 3/15; Community Development Advisory Commission of 3/2 and 3/17; Historic Preserva- tion 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 Sum- mary of Revenues for the Month Ended Febru- ary 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 dam- age. Upon motion the documents were re- ceived, filed, and referred to the City Attorney. 3. Disposition of Claims: City Attorney ad- vising that the following claims have been re- ferred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Clyde Kay for vehicle damage, Jaylin Inc. for property damage. Upon motion the docu- ments were received, filed, and concurred. 4. Approval of City Expenditures: City Man- ager recommended City Council approval for payment of City expenditures. Upon motion the documents were received and filed, and Reso- lution No. 90-21 Authorizing the Director of Fi- nance and Budget/City Treasurer to make cer- tain payments of bills that must be paid and ap- proved for payment in accordance with City pro- cedures was adopted. RESOLUTION NO. 90-21 AUTHORIZING THE DIRECTOR OF FI- NANCE AND BUDGET / CITY TREASURER TO MAKE CERTAIN PAYMENTS OF BILLS THAT MUST BE PAID AND APPROVED FOR PAYMENT IN ACCORDANCE WITH CITY PROCEDURES 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 De- partment personnel in accordance with gener- ally accepted internal control procedures and have been determined to have been requisi- tioned for a lawful municipal purpose; and Whereas, the Finance Director -City Treas- urer 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 pay- ment of certain expenditures known as Excep- tion 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 Treas- urer is hereby authorized to issue payment for goods and services provided for City purposes in response to the purchase orders and con- tracts issued in compliance with state and mu- nicipal code requirements as requested by des- ignated requisitioning authorities in accordance with approved budget appropriations. Section 2. In accordance with Iowa Code Section 372.13(6), the City Clerk and Finance Director are hereby authorized and directed to provide the statement of receipts and disburse- ments to the City Council, and to publish a sum- mary thereof. Passed, approved, and adopted this 51 day of April 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 5. Minority -Owned Business Support - Ef- forts 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 Assis- tance Contract by and among Simmons Pet Food, Inc., the City of Dubuque, and the Iowa Economic Development Authority: City Man- ager recommended approval of an Economic Development Assistance Contract by and among Simmons Pet Food, Inc., the City of Dubuque, and the Iowa Economic Develop- ment Authority for the expansion of Simmons Pet Food, Inc.'s operations in the City of Dubu- que. Upon motion the documents were re- ceived and filed, and Resolution No. 91-21 Ap- proving the contract for State Business Finan- cial Assistance by and among Simmons 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 AU- THORITY 110 Regular Session, April 5, 2021 Book 151 Whereas, Simmons Pet Food, Inc. is an Ar- kansas corporation operating a global work- force of seven thousand three hundred fifty em- ployees; and Whereas, Simmons Pet Food, Inc. has pro- posed making a nearly Eighty Million Dollar ($80,000,000.00) investment in building pur- chase and improvements, equipment purchase, 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 Eco- nomic Development Assistance Contract in or- der to finalize incentives and document associ- ated terms for the improvements of Simmons Pet Food, Inc. for the proposed Project; and Whereas, the City Council finds that ap- proval by the City of Dubuque of Economic De- velopment 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 at- tached 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 As- sistance Contract 21-HQJP-017 is hereby ap- proved. Section 2. That the Mayor is hereby author- ized 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 5th 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 Man- ager recommended support for the nomination of the Voices Productions' Voices Studio pro- ject for the Lowe's 100 Hometown funding op- portunity to be used for renovation of their re- cently purchased property at 1585 Central Ave- nue. Upon motion the documents were re- ceived, filed, and approved. 8. Proceedings to Complete Action on Issu- ance of $22,138,000 General Obligation Annual Appropriation Refunding Capital Loan Notes, Series 2021: City Manager recommended ap- proval of the suggested proceedings to com- plete action required on the $22,138,000 Gen- eral Obligation Annual Appropriation Refunding Capital Loan Notes prepared by Bond Counsel and to present a resolution for City Council to adopt. Upon motion the documents were re- ceived and filed, and Resolution No. 92-21 Ap- proving and authorizing a form of Loan and Dis- bursement Agreement by and between the City of Dubuque, Iowa, and the Iowa Finance Au- thority, and authorizing and providing for the is- suance and securing the payment of $22,138,000 General Obligation Annual Appro- priation Refunding Capital Loan Notes, Series 2021, and providing for a method of payment of said Notes; Approval of the Tax Exemption Cer- tificate 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 PROVI- SIONS 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, ad- justment, 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 Annual Appropriation Re- funding Capital Loan Notes, Series 2021, in the amount of $22,138,000 be issued for said pur- pose; and Whereas, pursuant to notice published as required by Sections 384.24, 384.24A and 384.25 of the City Code of Iowa, as amended, this Council has held a public meeting and hear- ing upon the proposal to institute proceedings for the issuance of the Notes, and the Council is therefore now authorized to proceed with the Book 151 Regular Session, April 5, 2021 111 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 Reso- lution unless the text expressly or by necessary implication requires otherwise: Annual Appropriation" shall mean the affirma- tive, 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 Closing between and among the City and the Original Purchaser, relating to the Loan made to the City under the Pro- gram. • "Closing" shall mean the date of delivery of the Note to the Original Purchaser and the funding of the Loan by the Orig- inal Purchaser. • "Department" shall mean the Iowa De- partment 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 ab- sence of an Annual Appropriation. • "Notes" shall mean $22,138,000 Gen- eral Obligation Annual Appropriation Refunding Capital Loan Notes, Series 2021, authorized to be issued by this Resolution. • "Original Purchaser" shall mean the Iowa Finance Authority, as the pur- chaser of the Notes from Issuer at the time of their original issuance. • "Paying Agent" shall mean the Director of Finance and Budget, or such succes- sor 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 prin- cipal of and interest on the Notes as the same shall become due. • "Program" shall mean the Iowa Water Pollution Control Works Financing Pro- gram undertaken jointly by the Original Purchaser and the Department. • "Project" shall mean the settlement, ad- justment, renewing, or extension of any part or all of the legal indebtedness of a city, whether evidenced by bonds, war- rants, orjudgments, or the funding or re- funding of the same, including the Stormwater Revenue Capital Loan Notes, Series 2015B, dated June 19, 2015, and amended September 8, 2017. • "Project Fund" shall mean the Loan Ac- count 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 Fi- nance and Budget, or such successor as may be approved by Issuer as pro- vided herein and who shall carry out the duties prescribed 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 and Budget and delivered at the time of issuance and delivery of the Notes. • "Treasurer" shall mean the Director of Finance and Budget, or such other of- ficer as shall succeed to the same duties and responsibilities with respect to the recording and payment of the Notes is- sued hereunder. Section 2. Loan Agreement. The form of Loan and Disbursement Agreement in substan- tially the form attached to this Resolution is hereby approved and is authorized to be exe- cuted 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, deter- mine whether or not the City will appro- priate 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 in- cludes provision for payment of principal and interest on the Notes for said fiscal year, then no non -appropriation has oc- curred. If the budget adopted does not provide for payment of principal and in- terest 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 PRINCIPAL IN RESPECT OF THIS NOTE SHALL BE SUB- JECT AT ALL TIMES TO NON -APPROPRIA- TION BY THE CITY COUNCIL OF THE IS- SUER. IN THE EVENT THAT FUNDS ARE 112 Regular Session, April 5, 2021 Book 151 NOT BUDGETED AND APPROPRIATED BY THE CITY COUNCIL OF THE ISSUER IN ANY FISCAL YEAR IN AN AMOUNT SUFFICIENT TO MEET THE PAYMENTS OF INTEREST AND PRINCIPAL DUE HEREUNDER, THE IS- SUER SHALL HAVE THE RIGHT TO TERMI- NATE ITS OBLIGATIONS UNDER THIS NOTE 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 (AS DE- FINED IN THE RESOLUTION) OF THE LACK OF CONTINUED FUNDING, AND THE ISSU- ER'S OBLIGATIONS UNDER THIS NOTE SHALL BECOME NULL AND VOID ON THE LAST DAY OF THE FISCAL YEAR FOR WHICH THE NECESSARY FUNDS WERE AP- PROPRIATED. UPON THE OCCURRENCE OF ANY SUCH NON -APPROPRIATION, IS- SUER 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 PURCHASER (OR ANY OTHER ASSIGNEE OR HOLDER OF THE NOTE) FOR ANY REMAINING AMOUNTS DUE UNDER THE NOTE OR FOR ANY COSTS, DAMAGES (INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES) OR EXPENSES INCURRED BY THE ORIGI- NAL PURCHASER (OR ANY OTHER AS- SIGNEE OR HOLDER OF THE NOTE) AS A RESULT OF THE EXERCISE BY THE ISSUER OF THE FOREGOING RIGHT OF NON -AP- PROPRIATION. Subject to such Non -appropriation, there is hereby levied for each future year the following 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 Collection $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 -appropriation (NOTE: For example, the levy to be made and certified against the taxable valuations of January 1, 2021, will be collected during the fis- cal 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 Non -appro- priation, in and for each of the years as provided, to levy and assess the tax hereby authorized in Section 3 of this Res- olution, in like manner as other taxes are levied and assessed, and such taxes so levied in and for each of the years afore- said be collected in like manner as other taxes of the City are collected, and when collected be used for the purpose of pay- ing principal and interest on said Notes is- sued 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 incre- ment and stormwater revenues (to the ex- tent appropriated by the City). (d) Additional City Funds Available. Notwithstanding anything in this Resolu- tion to the contrary, the payments of prin- cipal and interest due on the Notes shall not constitute a mandatory charge or a re- quirement in any ensuing fiscal year be- yond 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 in- debtedness of the Issuer within the mean- ing of any constitutional or statutory debt limitation. The Issuer's obligation to make payments of interest and principal in re- spect 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 in- terest due on the Notes during such fiscal year. If the City Council determines to budget and appropriate funds for such purposes, the City agrees to take the fol- lowing 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 Book 151 Regular Session, April 5, 2021 113 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 in- terest and principal due on the Notes, the Issuer shall have the right to termi- nate its obligations under the Notes with respect to future payments of in- terest 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 obligations 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 pay- ment of any additional amounts in re- spect of principal and interest on the Notes beyond those funds which have been appropriated, and the Issuer shall not be liable to the Original Pur- chaser (or any other assignee or holder of the Notes) for any remaining 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 as- sessed 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 AP- PROPRIATION 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 in- terest 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, express, telephone and telegraph com- panies and other taxes assessed by the Iowa State Department of Revenue. Section 5. Application of Note Proceeds. Proceeds of the Notes other than accrued inter- est except as may be provided below shall be credited to the Project Fund and expended 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 in- sufficient 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 limitations provided by law or this Resolu- tion. Accrued interest, if any, shall be deposited in the Note Fund. Section 6. Investments of Note Fund Pro- ceeds. All moneys held in the Note Fund and the Project Fund, shall be invested in invest- ments 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 In- surance Corporation and the deposits in which are insured thereby and all such deposits ex- ceeding the maximum amount insured from time to time by FDIC or its equivalent successor in any one financial institution shall be continu- ously secured in compliance with Chapter 12C of the Code of Iowa, 2019, as amended or oth- erwise by a valid pledge of direct obligations of the United States Government having an equiv- alent market value. All such interim investments shall mature before the date on which the mon- eys are required for payment of principal of or interest on the Notes as herein provided. Section 7. Note Details, Execution and Re- demption. (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 is- sued to evidence the obligations of the Is- suer 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 pur- pose. The Notes shall be designated "GENERAL OBLIGATION ANNUAL AP- PROPRIATION 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 interest 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 Agree- ment as Exhibit A and incorporated herein by this reference. As set forth on said Debt Service Schedule, principal shall be paya- ble on June 1, 2021, and annually there- after 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 en- tire balance of principal and interest, if not 114 Regular Session, April 5, 2021 Book 151 sooner paid, and if appropriated, shall be- making of an entry upon the books kept come due and payable on June 1, 2037. for the registration and transfer of owner - Notwithstanding the foregoing or any ship of the Notes, and in no other way. other provision hereof, principal and inter- The Director of Finance and Budget is est shall be payable as shown on said hereby appointed as Registrar under the Debt Service Schedule until completion of terms of this Resolution and under the the Project, at which time the final Debt provisions of a separate agreement with Service Schedule shall be determined the Issuer filed herewith which is made a based upon actual advancements, final part hereof by this reference. Registrar costs, and completion of the Project, all as shall maintain the books of the Issuer for provided in the administrative rules gov- the registration of ownership of the Notes erning the Iowa Water Pollution Control for the payment of principal of and interest Works Financing Program. Payment of on the Notes as provided in this Resolu- principal and interest on the Notes shall at tion. All Notes shall be negotiable as pro - all times conform to said Debt Service vided in Article 8 of the Uniform Commer- Schedule and the rules of the Iowa Water cial Code subject to the provisions for reg- Pollution Control Works Financing Pro- istration and transfer contained in the gram. Notes and in this Resolution. The Notes shall be executed by the (b) Transfer. The ownership of any manual or facsimile signature of the Note may be transferred only upon the Mayor and attested by the manual or fac- Registration Books kept for the registra- simile signature of the Clerk, and im- tion and transfer of Notes and only upon pressed or imprinted with the seal of the surrender thereof at the office of the Reg - City and shall be fully registered as to both istrar together with an assignment duly ex - principal and interest as provided in this ecuted by the holder or his duly authorized Resolution; principal, interest and pre- attorney in fact in such form as shall be mium, if any, shall be payable at the office satisfactory to the Registrar, along with of the Paying Agent by mailing of a check, the address and social security number or wire transfer or automated clearing house federal employer identification number of system transfer to the registered owner of such transferee (or, if registration is to be the Note. The Notes shall be in the de- made in the name of multiple individuals, nomination of $1,000 or multiples thereof of all such transferees). In the event that and may at the request of the Original Pur- the address of the registered owner of a chaser be initially issued as a single Note Note (other than a registered owner which in the denomination of $22,138,000 and is the nominee of the broker or dealer in numbered GO-1. question) is that of a broker or dealer, Section 8. Initiation Fee and Servicing Fee. there must be disclosed on the Registra- In addition to the payment of principal of and in- tion Books the information pertaining to terest on the Notes, the Issuer also agrees to the registered owner required above. pay the Servicing Fee as defined and in accord- Upon the transfer of any such Note, a new ance with the terms of the Agreement. fully registered Note, of any denomination Section 9. Redemption. The Notes are sub- or denominations permitted by this Reso- ject to optional redemption at a price of par plus lution in aggregate principal amount equal accrued interest (i) on any date upon receipt of to the unmatured and unredeemed princi- written consent of the Original Purchaser or (ii) pal amount of such transferred fully regis- in the event that all or substantially all of the tered Note and bearing interest at the Project is damaged or destroyed. Any optional same rate and maturing on the same date redemption of the Notes may be made from any or dates shall be delivered by the Regis - funds regardless of source, in whole or from trar. time to time in part, in inverse order of maturity, (c) Registration of Transferred Notes. by giving not less than thirty (30) days' notice of In all cases of the transfer of the Notes, redemption by certified or registered mail to the the Registrar shall register, at the earliest Original Purchaser (or any other registered practicable time, on the Registration owner of the Note). The terms of redemption Books, the Notes, in accordance with the shall be par, plus accrued interest to date of provisions of this Resolution. call. The Notes are also subject to mandatory (d) Ownership. As to any Note, the redemption as set forth in Section 5 of the person in whose name the ownership of Agreement. the same shall be registered on the Reg - Section 10. Registration of Notes; Appoint- istration Books of the Registrar shall be ment of Registrar; Transfer; Ownership; Deliv- deemed and regarded as the absolute ery; and Cancellation. owner thereof for all purposes, and pay - (a) Registration. The ownership of ment of or on account of the principal of Notes may be transferred only by the any such Notes and the premium, if any, Book 151 Regular Session, April 5, 2021 115 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 can- celled by the Registrar. All Notes which have been redeemed shall not be reis- sued but shall be cancelled by the Regis- trar. All Notes which are cancelled by the Registrar shall be destroyed and a certifi- cate of the destruction thereof shall be fur- nished promptly to the Issuer; provided that if the Issuer shall so direct, the Regis- trar shall forward the cancelled Notes to the Issuer. (f) Non -Presentment of Notes. In the event any payment check, wire, or elec- tronic transfer of funds representing pay- ment 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 princi- pal of or interest on Notes shall have been made available to the Paying Agent forthe benefit of the owner thereof, all liability of the Issuer to the owner thereof for such in- terest or payment of such Notes shall forthwith cease, terminate and be com- pletely discharged, and thereupon it shall be the duty of the Paying Agent to hold such funds, without liability for interest thereon, for the benefit of the owner of such Notes who shall thereafter be re- stricted exclusively to such funds for any claim of whatever nature on his part under this Resolution or on, or with respect to, such interest or Notes. The Paying Agent's obligation to hold such funds shall continue for a period equal to two years and six months following the date on which such interest or principal became due, whether at maturity, or at the date fixed for redemption thereof, or otherwise, at which time the Paying Agent shall sur- render 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 fur- nish additional Notes in lesser denomina- tions (but not less than the minimum de- nomination) to an owner who so requests. Section 11. Reissuance of Mutilated, De- stroyed, Stolen or Lost Notes. In case any out- standing Note shall become mutilated or be de- stroyed, stolen or lost, the Issuer shall at the re- quest of Registrar authenticate and deliver a new Note of like tenor and amount as the Note so mutilated, destroyed, stolen or lost, in ex- change and substitution for such mutilated Note to Registrar, upon surrender of such mutilated Note, or in lieu of and substitution 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 satisfactory indemnity and complying with such other reasonable regulations as the Issuer or its agent may prescribe and paying such ex- penses as the Issuer may incur in connection therewith. Section 12. Record Date. Payments of prin- cipal and interest, otherwise than upon full re- demption, made in respect of any Note, 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 15«' day of the month preceding the payment date. All such payments shall fully discharge 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 surrender 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 au- thorized 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 execute on such Note a Cer- tificate of Authentication substantially in the form of the Certificate 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 un- der this Resolution and that the holder thereof is entitled to the benefits of this Resolution. Section 14. Right to Name Substitute Pay- ing Agent or Registrar. Issuer reserves the right to name a substitute, successor Registrar or Paying Agent upon giving prompt written notice to each registered noteholder. Section 15. Form of Note. Notes shall be printed in substantial compliance with stand- ards proposed by the American Standards In- stitute 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 116 Regular Session, April 5, 2021 Book 151 no use will be made of the proceeds from the issuance and sale of the Notes issued hereun- der which will cause any of the Notes to be clas- sified 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 re- quirements of said statute and regulations is- sued thereunder. To the best knowledge and belief of the Is- suer, there are no facts or circumstances that would materially change the foregoing state- ments or the conclusion that it is not expected that the proceeds of the Notes will be used in a manner that would cause the Notes to be arbi- trage bonds. Without limiting the generality of the foregoing, the Issuer hereby agrees to com- ply with the provisions of the Tax Exemption Certificate and the provisions of the Tax Ex- emption Certificate are hereby incorporated by reference as part of this Resolution. The Direc- tor of Finance and Budget is hereby directed to make and insert all calculations and determina- tions necessary to complete the Tax Exemption Certificate in all respects and to execute and deliver the Tax Exemption Certificate at issu- ance of the Notes to certify as to the reasonable expectations and covenants of the Issuer at that date. Section 18. Additional Covenants, Repre- sentations and Warranties of the Issuer. The Is- suer certifies and covenants with the purchas- ers 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) comply with all rep- resentations, covenants and assurances con- tained in the Tax Exemption Certificate, which Tax Exemption Certificate shall constitute a part of the contract between the Issuer and the own- ers of the Notes; (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 Notes; (e) file such forms, statements and supporting documents as may be required and in a timely manner; and (f) if deemed necessary or advis- able by its officers, to employ and pay fiscal agents, financial advisors, attorneys and other persons to assist the Issuer in such compliance. 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 ap- plicable Federal law or regulations. Section 20. Severability Clause. If any sec- tion, paragraph, clause, or provision of this Res- olution be held invalid, such invalidity shall not affect any of the remaining provisions hereof, and this Resolution shall become effective im- mediately upon its passage and approval. Section 21. Repeal of Conflicting Resolu- tions or Ordinances. All ordinances and resolu- tions 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 Consent Decree Required Submittal: City Manager transmitted the March 31, 2021 Consent De- cree Semi Annual Report that was submitted to the U.S. Environmental Protection Agency (EPA). Upon motion the documents were re- ceived and filed. 10. Approval of Plat of Survey of Lot 1A Block 7 of Grandview Park, in the City of Dubu- que, Iowa for Vacating Petition (Dubuque Golf and Country Club Randall Place Vacate Agree- ment): City Manager recommended approval of the Plat of Survey (Vacation Plat) of Lot 1A Block 7 of Grandview Park, in the City of Dubu- que, 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 Coun- try 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 VA- CATED 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 DUBU- QUE, 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 va- cated 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 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. Book 151 Regular Session, April 5, 2021 117 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 Associates, Inc., relative to the real estate hereinabove de- scribed 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 5th day of April 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 11. Agreement with Dubuque Golf and Country Club at 1800 Randall Place: City Man- ager recommended approval of an agreement with Dubuque Golf and Country Club related 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 docu- ments 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 DUBU- QUE GOLF AND COUNTRY CLUB Whereas, the City of Dubuque is party to an Agreement with Dubuque Golf and Country Club (DGCC) related to the vacation and sale of certain street right of ways at the DGCC prop- erty 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 Brad- ley Street, in order to accommodate the con- struction 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 Ordi- nance (attached to and made part of the agree- ment 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 proposed vacation and sale of said right of way and va- cated right of way as set forth herein; and Whereas, a copy of the Agreement is at- tached 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 be- half of the City of Dubuque 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 Corpo- ration (RODC) and the City of Dubuque have entered into a Subdivision Development Agree- ment dated April 22, 2020, a copy of which is attached hereto, for the development of Silver Oaks Estates, in the City of Dubuque, Iowa; and Whereas, said development agreement re- quires 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, pre- pared by Weber Surveying, LLC describing Lot B of Silver Oaks Estates, in the City of Dubu- que, 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 for- ever; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the plat dated March 12, 2021 prepared by Weber Surveying, LLC, rela- tive to the real estate hereinabove described be and the same is hereby approved, and the Mayor and City Clerk be, and they are hereby 118 Regular Session, April 5, 2021 Book 151 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 ac- cepted. 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 Develop- ment Property in Silver Oaks Estates Subdivi- sion, Dubuque, Iowa: City Manager recom- mended acceptance of a Grant of Easement for Storm Drainage, Sanitary Sewer Utility, and Water Main Utility from Royal Oaks Develop- ment Corporation for the development of Silver Oaks Estates, in the City of Dubuque, Iowa. Upon motion the documents were received and filed, and Resolution No. 96-21 Accepting a Grant of Easement for Storm Drainage, Sani- tary 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 DUBU- QUE, IOWA Whereas, Royal Oaks Development Corpo- ration (RODC) and the City of Dubuque have entered into a Subdivision Development Agree- ment dated April 22, 2020, a copy of which is attached hereto, for the development of Silver Oaks Estates, in the City of Dubuque, Iowa; and Whereas, said development agreement re- quires 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 ref- erence made a part hereof; and Book 151 Regular Session, April 5, 2021 119 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 ref- erence 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 DUBU- QUE, 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 por- tions of Silver Oaks Estates and Walter Metcalf Place, in the City of Dubuque, Iowa, as de- scribed above, from Royal Oaks Development 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 5th 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 of a segment of roadway on Pennsylvania Avenue from Radford Road to Seippel Road. Upon mo- tion the documents were received, filed, and approved. 15. Proposed Amendment to Master Co -Lo- cation and Shared Services Agreement be- tween the City of Dubuque and ImOn Commu- nications LLC: City Manager recommended ap- proval 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 ap- proved. 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 Lieu- tenant, Assistant Fire Chief, Fire Equipment Operator, Fire Captain, Assistant Fire Marshal, and Medical Officer. Upon motion the docu- ments 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 Po- lice Officer was administered on February 6, 2021. We, The Civil Service Commission, 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 Equip- ment 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 cer- tify that the individuals listed below have passed these written examinations and the va- cancy 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 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 Fire Captain Ryan Kieffer, 2. Jason Lueken Assistant Fire Marshal No passing scores Medical Officer 1. Alexander Miller, 2. Joseph Schmitt Respectfully submitted, /s/Dan White, Chairperson Civil Service Commission 120 Regular Session, April 5, 2021 Book 151 17. Alcohol License Applications: City Man- ager recommended approval of annual liquor, beer, and wine license applications as submit- ted. Upon motion the documents were received and filed, and Resolution No. 97-21 Approving applications for beer, liquor, and/or wine per- mits, as required by City of Dubuque Code of Ordinances Title 4 Business and License Reg- ulations, Chapter 2 Liquor Control, Article B Liq- uor, Beer and Wine Licenses and Permits was adopted. RESOLUTION NO. 97-21 APPROVING APPLICATIONS FOR BEER, LIQUOR, AND/OR WINE PERMITS, AS RE- QUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LI- CENSE REGULATIONS, CHAPTER 2 LIQ- UOR CONTROL, ARTICLE B LIQUOR, 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 author- ized and directed to cause to be issued the noted permit types to the following applicants pending submission of the locally required doc- umentation: Renewals Fareway Stores, Inc., 2050 John F. Kennedy Blvd, Class E Liquor, Class B Wine, Class C Beer Hy-Vee #3, 400 Locust St., Class E Liquor, Class B Wine, Class C Beer (Sunday) Hy-Vee Gas #3, 400 S. Locust St., Class E Liq- uor, Class B Native Wine, Class C Beer (Sun- day) Kwik Stop Food Mart, 2360 Central Ave., Class E Liquor, Class B Native Wine, Class C Beer (Sunday) Lina's Thai Bistro, 2055 Holliday Dr., Class C Liquor, Class B Wine (Sunday) Main Street Social, 123 Main St., Class C Liq- uor (Outdoor) (Sunday) Panchero's Mexican Grill, 4840 Asbury Rd., Class B Beer (Outdoor) (Sunday) Sportsters Pub and Grub, 2600 Central Ave., Class C Liquor (Sunday) Passed, approved, and adopted this 5th 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, LLC, and Giese Manufacturing Company, Inc. providing for the Sale of City -owned Real Es- tate to Giese Properties, LLC 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 Prop- erties, LLC, and Giese Manufacturing Com- pany, Inc. providing for the sale of city -owned real estate to Giese Properties, LLC and the is- suance of Urban Renewal Tax Increment Rev- enue Grant Obligations. Upon motion the docu- ments 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 Prop- erties, LLC pursuant to a Development Agree- ment by and among the City of Dubuque, Giese Properties, LLC, and Giese Manufacturing Company, Inc and fixing the date for a public hearing of the City Council of the City of Dubu- que, Iowa on the Development Agreement in- cluding the proposed issuance of Urban Re- newal Tax Increment Revenue Grant Obliga- tions to Giese Manufacturing Company, Inc and providing for the publication of notice thereof was adopted, setting a public hearing for a meeting to commence at 6:30 p.m. on April 19, 2021. RESOLUTION NO. 98-21 INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE REAL ESTATE BY SALE TO GIESE PROPERTIES, LLC PURSUANT TO A DEVELOPMENT AGREEMENT BY AND AMONG THE CITY OF DUBUQUE, GIESE PROPERTIES, LLC, AND GIESE MANUFAC- TURING COMPANY, INC AND FIXING THE DATE FOR A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA ON THE DEVELOPMENT AGREE- MENT INCLUDING THE PROPOSED ISSU- ANCE OF URBAN RENEWAL TAX INCRE- MENT REVENUE GRANT OBLIGATIONS TO GIESE MANUFACTURING 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, Book 151 Regular Session, April 5, 2021 121 Iowa (the Property); and Whereas, City, Giese Properties, LLC, and Giese Manufacturing Company, Inc. have en- tered into a Development Agreement, subject to the approval of the City Council, pursuant to which City will convey the Property to Giese Properties, LLC, and Giese Properties, LLC will construct on the Property certain Improvements described in the Development Agreement; and Whereas, the City Council has tentatively determined that it would be in the best interests of City to approve the Development Agreement, including the conveyance of the Property to Giese Properties, LLC; and Whereas, the Development Agreement pro- vides for the issuance by City of economic de- velopment grants to Giese Manufacturing Com- pany, Inc., referred to therein as Urban Re- newal Tax Increment Revenue Grant Obliga- tions, payable from the tax increment revenues collected in respect of the Improvements to be constructed by Giese Properties, LLC in ac- cordance 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 re- quires that the City Clerk publish a notice of the proposal and of the time and place of the meet- ing at which the City Council proposes to take action thereon and at which meeting the City Council shall receive oral and/or written objec- tions from any resident or property owner of said City to such proposed action. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The City of Dubuque intends to dispose of its interest in the foregoing -de- scribed Property by Deed to Giese Properties, LLC pursuant to the proposed Development Agreement. Section 2. The City Clerk is hereby author- ized 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 -de- scribed 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 Re- newal Tax Increment Revenue obligations and the execution of the Development Agreement relating thereto with Giese Properties, LLC and Giese Manufacturing Company, Inc., the pro- ceeds of which obligations will be used to carry out certain of the special financing activities de- scribed in the Urban Renewal Plan for the Dubuque Industrial Center Economic Develop- ment District, consisting of the funding of eco- nomic development grants to Giese Manufac- turing Company, Inc., pursuant to the Develop- ment Agreement under the terms and condi- tions of said Urban Renewal Plan. It is expected that the aggregate amount of the Tax Increment 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, pub- lished at least once weekly, and having general circulation in said City, said publication 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 is- suance of said obligations. Section 5. That the notice of the proposed action shall be in substantially the form at- tached hereto. Passed, approved, and adopted this 5th 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 Ma- chine: City Manager recommended a public hearing be set for April 19, 2021, on the pro- posal to authorize a general fund lease agree- ment not to exceed $180,000. Upon motion the documents were received and filed, and Reso- lution 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 no- tice thereof was adopted, setting a public hear- ing 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 PROP- ERTY FOR THE CITY, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF Whereas, it is deemed necessary and ad- visable that the City of Dubuque, Iowa, should enter into a lease agreement in the principal amount of not to exceed $180,000 as author- ized 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 herein- after described, and more specifically, 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 prop- erty to be acquired; and 122 Regular Session, April 5, 2021 Book 151 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 agree- ment and to receive oral and/or written objec- tions 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 elec- tronic means at 6:30 o'clock p.m., on the 19th day of April 2021, for the purpose of taking ac- tion on the matter of the authorization of a lease agreement, in the principal amount of not to ex- ceed $180,000 the proceeds of which will be used to provide funds to pay costs of the acqui- sition 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, pub- lished 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 5th 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 — Dubuque Golf and Country Club Randall Place Vacate Agreement: City Manager recommended 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 Reso- lution 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, set- ting 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 RAN- DALL 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 prop- erty 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 Dubu- que, Iowa; and Whereas, the Dubuque Golf and Country Club has requested the vacation of a portion of Randall Place and the conveyance of the prop- erty 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 num- ber 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 DUBU- QUE, 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 Dubu- que, Iowa is hereby set for the 19th day of April, 2021, at the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa, beginning at 6:30 p.m., and the City Clerk be and is hereby au- thorized and directed to cause a 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 op- tions. The City Council agenda can be ac- cessed at https://cityofdubugue.novu- sagenda.com/AgendaPublic/ or by contacting the City Clerk's Office at 563-589-4100, ctyclerk(a-)cityofdubugue.org.] BOARDS/COMMISSIONS 1. Appointments were made to the following boards/commissions: i. 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. Book 151 Regular Session, April 5, 2021 123 ii. 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 (Vacant At -Large terms of Stroud and Wall). Applicants: Cynthia Washington, 2024 Central Ave (Quali- fies as Section 8 Representative) (Additional Applicant); Jeff Lenhart, 670 Harvard St. (Qual- ifies as At -Large Representative); Thomas Smith, 2490 Clarke Crest Dr. (Qualifies as At - Large Representative) (Additional Applicant); Margie White, 3197 Highland Park Dr. (Quali- fies as At -Large Representative) (Additional Applicant). Motion by Jones to appoint Ms. Washington the 3-Year Section 8 Representa- tive term through August 17, 2021. Seconded by Farber. Motion carried 7-0. Upon roll call vote, Mr. Lenhart and Ms. White were ap- pointed 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. iii. 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 Gender Balance Law. 9 Com- missioners 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. Se- conded 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 no- tice 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 Arte- rial as part of the Grand River Medical Group site development project on Westmark Drive, and City Manager recommending approval. Motion by Resnick to receive and file the docu- ments and adopt Resolution No. 101-21 Dis- posing 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 Dubu- que, Iowa, and Resolution No. 102-21 Granting an Embankment 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 in- put had been received for this item. Motion car- ried 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 pub- lished notice of time and place of hearing, pub- lished in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on the 19th day of March, 2021, the City Council of the City of Dubuque, Iowa met on this 5th day of April, 2021, at 6:30 p.m. in the Historic Federal Building, 350 W. 61h 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 Dubu- que, 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 ap- proved. 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 Partner- ship L.L.P. Section 3. That the City Clerk be and is hereby authorized and directed to record a cer- tified copy of this Grant of Embankment Ease- ment in the office of the Dubuque County Re- corder. 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 an exhibit showing the easement area for the pro- posed private parking Lot embankment across 124 Regular Session, April 5, 2021 Book 151 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 portion 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 ap- proved. 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 5th 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 hearing to consider City Council approval of the plans, specifications, form of contract and the esti- mated cost of $229,358 for the 2021 Asphalt Overlay Ramp Project 3, and City Manager rec- ommending approval. Motion by Jones to re- ceive and file the documents and adopt Reso- lution No. 103-21 Approval of plans, specifica- tions, form of contract, and estimated cost for the 2021 Asphalt Overlay Ramp Project 3. Se- conded by Resnick. Staff stated that no online public input had been received for this item. Mo- tion carried 7-0. RESOLUTION NO. 103-21 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE 2021 ASPHALT OVERLAY RAMP PROJECT 3 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the 2021 Asphalt Overlay Ramp Project 3, in the esti- mated amount $173,757.00, are hereby ap- proved. Passed, adopted, and approved this 5th 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 Gen- eral Obligation Bonds, Not to Exceed $700,000 General Obligation Bonds, Not to Exceed $700,000 General Obligation Bonds, Not to Ex- ceed $600,000 General Obligation Bonds, Not to Exceed $950,000 General Obligation Urban Renewal Bonds: Proof of publication on notice of public hearing to consider City Council ap- proval of the suggested proceedings for the public hearing on the issuance General Obliga- tion 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 ac- tion for the issuance of not to exceed $46,250,000 General Obligation Bonds; Reso- lution No. 105-21 Instituting proceedings to take additional action for the issuance of not to ex- ceed $700,000 General Obligation Bonds (GCP-2); Resolution No. 106-21 Instituting pro- ceedings to take additional action for the issu- ance of not to exceed $700,000 General Obli- gation Bonds (GCP-3); Resolution No. 107-21 Instituting proceedings to take additional action for the issuance of not to exceed $600,000 General Obligation Bonds; and Resolution No. 108-21 Instituting proceedings to take addi- tional 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 AD- DITIONAL 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 or- der to provide funds to pay the costs of the opening, widening, extending, grading, and draining of the right-of-way of streets, high- ways, avenues, alleys and public grounds; the construction, reconstruction, and repairing of any street improvements; the acquisition, instal- lation, and repair of sidewalks, storm sewers, sanitary sewers, water service lines, street lighting, and traffic control devices; and the ac- quisition of any real estate needed for any of the foregoing purposes; the rehabilitation and im- provement of City parks and the acquisition, re- pair and replacement of facilities, equipment and improvements commonly found in City parks; equipping the fire department; and re- funding or refinancing outstanding indebted- ness of the City, including General Obligation Bonds, Series 2012A, General Obligation Bonds, Series 2012B, Taxable General Obliga- tion Bonds, Series 2012C, General Obligation Bonds, Series 2012D, General Obligation Bonds, Series 2012E, Taxable General Obliga- tion Bonds, Series 2012F, General Obligation Urban Renewal Bonds, Series 2012H, General Obligation Bonds, Series 2014B, and Taxable General Obligation Bonds, Series 2014C, and has considered the extent of objections re- ceived from residents or property owners as to Book 151 Regular Session, April 5, 2021 125 the proposed issuance of Bonds; and 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 in- stitute proceedings and take additional action for the authorization and issuance in the man- ner 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 rea- sonably expected that the general fund moneys may be advanced from time to time for capital expenditures which are to be paid from the pro- ceeds of the above Bonds. The amounts so ad- vanced shall be reimbursed from the proceeds of the Bonds not later than eighteen months af- ter the initial payment of the capital expendi- tures or eighteen months after the property is placed in service. Such advancements shall not exceed the amount authorized in this Resolu- tion unless the same are for preliminary ex- penditures or unless another declaration of in- tention is adopted. Passed and approved this 5th day of April 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk RESOLUTION NO. 105-21 INSTITUTING PROCEEDINGS TO TAKE AD- DITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $700,000 GENERAL OBLI- GATION 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 reconstruc- tion, expansion of and improvements 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 referen- dum thereon. The following action is now con- sidered 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 in- stitute proceedings and take additional action for the authorization and issuance in the man- ner 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 rea- sonably expected that the general fund moneys may be advanced from time to time for capital expenditures which are to be paid from the pro- ceeds of the above Bonds. The amounts so ad- vanced shall be reimbursed from the proceeds of the Bonds not later than eighteen months af- ter the initial payment of the capital expendi- tures or eighteen months after the property is placed in service. Such advancements shall not exceed the amount authorized in this Resolu- tion unless the same are for preliminary ex- penditures or unless another declaration of in- tention is adopted. Passed and approved this 5th day of April 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk RESOLUTION NO. 106-21 INSTITUTING PROCEEDINGS TO TAKE AD- DITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $700,000 GENERAL OBLI- GATION 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, improvement, equip- ping and repairing of Town Clock Plaza; acqui- sition and implementation of computer equip- ment including financial and utility billing soft- ware; acquisition and equipping of a light duty minibus, and has considered the extent of ob- jections received from residents or property owners as to the proposed issuance of Bonds; and no petition was filed calling for a referen- dum thereon. The following action is now con- sidered 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 in- stitute proceedings and take additional action for the authorization and issuance in the man- ner 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 rea- sonably expected that the general fund moneys may be advanced from time to time for capital 126 Regular Session, April 5, 2021 Book 151 expenditures which are to be paid from the pro- ceeds of the above Bonds. The amounts so ad- vanced shall be reimbursed from the proceeds of the Bonds not later than eighteen months af- ter the initial payment of the capital expendi- tures or eighteen months after the property is placed in service. Such advancements shall not exceed the amount authorized in this Resolu- tion unless the same are for preliminary ex- penditures or unless another declaration of in- tention 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 AD- DITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $600,000 GENERAL OBLI- GATION 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 re- ceived from residents or property owners as to the proposed issuance of Bonds; and no peti- tion 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 in- stitute proceedings and take additional action for the authorization and issuance in the man- ner 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 rea- sonably expected that the general fund moneys may be advanced from time to time for capital expenditures which are to be paid from the pro- ceeds of the above Bonds. The amounts so ad- vanced shall be reimbursed from the proceeds of the Bonds not later than eighteen months af- ter the initial payment of the capital expendi- tures or eighteen months after the property is placed in service. Such advancements shall not exceed the amount authorized in this Resolu- tion unless the same are for preliminary ex- penditures or unless another declaration of in- tention is adopted. Passed and approved this 5th day of April 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk RESOLUTION NO. 108-21 INSTITUTING PROCEEDINGS TO TAKE AD- DITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $950,000 GENERAL OBLI- GATION 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 corporate ur- ban renewal purposes, in order to provide funds to pay the costs of aiding in the planning, un- dertaking and carrying out of urban renewal projects under the authority of Chapter 403 and the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District, such as those costs associated with the reconstruction, renovation, remodeling, im- provement, equipping and repairing of Down- town Parking Garages and ramps, and has con- sidered 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 in- stitute proceedings and take additional action for the authorization and issuance in the man- ner required by law of not to exceed $950,000 General Obligation Urban Renewal Bonds, for the foregoing essential corporate urban re- newal 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 rea- sonably expected that the general fund moneys may be advanced from time to time for capital expenditures which are to be paid from the pro- ceeds of the above Bonds. The amounts so ad- vanced shall be reimbursed from the proceeds of the Bonds not later than eighteen months af- ter the initial payment of the capital expendi- tures or eighteen months after the property is placed in service. Such advancements shall not exceed the amount authorized in this Resolu- tion unless the same are for preliminary ex- penditures or unless another declaration of in- tention is adopted. Passed and approved this 5t" day of April 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk Book 151 Regular Session, April 5, 2021 127 PUBLIC INPUT Related to Action Item No. 2, Judy Wolf, 708 Kelly Ln.; Dave Klavitter, 1090 West 3rd St.; Duane Hagerty, President and CEO of Heritage Works, 1100 Main St.; and John Gronen, 1766 Plymouth Ct., spoke in opposition to City Coun- cil approving the Dream Center's request to re- move 1620 and 1628 White Street from the Washington Street Neighborhood Conservation District before additional discussions occur be- tween the Dream Center and various organiza- tions, including Heritage Works and Steeple Square, to identify additional options. Robert Kimble, Executive Director of the Dream Cen- ter, 2519 Washington St., summarized the pro- cess that led the Dream Center to request the properties' removal from the district with the in- tention of demolishing the properties in order to acquire the necessary green space to qualify as a licensed childcare center. 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 Report. Motion by Resnick to receive and file the information. Seconded by Cavanagh. Motion carried 7-0. 2. Dream Center: Request to Alter Wash- ington Street Neighborhood Conservation Dis- trict Boundaries: City Clerk transmitted corre- spondence from the Dream Center regarding a request to remove 1620 and 1628 White Street from the Washington Street Neighborhood Conservation District, and City Manager recom- mended approval. Motion by Jones to receive and file the communications and that the re- quirement that a proposed ordinance be con- sidered and voted on for passage at two Coun- cil meetings prior to the meeting 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 Ti- tle 16 of the City of Dubuque Code of Ordi- nances, Unified Development Code, by amend- ing Article 10-8-A-4 pertaining to alteration of the Washington Street Neighborhood Conser- vation District to remove the properties at 1620 and 1628 White Street. Seconded by Roussell. City Council 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 re- quest. Responding to a question from the City Council, City Attorney Brumwell summarized the 3-meeting process for adopting an ordi- nance, as well as the option to waive the read- ings. 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 Pur- chase of Services Grant Recommendations: City Manager recommended approval of the recommended funding for the Fiscal Year 2021 Purchase of Services Grant applications as fol- lows: • Convivium Urban Farmstead, Free Take n' Bake Meals ($23,000) • Opening Doors, Permanent Supportive Housing ($25,000) • Dubuque YMCA/YWCA, Domestic Vio- lence Shelter Services ($15,824) • Four Oaks Family and Children's Ser- vices, Four Oaks Dubuque Supportive Housing Services ($20,496) • Almost Home at 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 Develop- ment Block Grant (CDBG) Purchase of Ser- vices Grant Agreements. Seconded by Res- nick. Motion carried 7-0. RESOLUTION NO. 109-21 AUTHORIZING EXECUTION OF COMMU- NITY DEVELOPMENT BLOCK GRANT (CDBG) PURCHASE OF SERVICES GRANT AGREEMENTS Whereas, the following non-profit organiza- tions prepared and submitted requests to pro- vide support for human service programs in the City of Dubuque: • Almost Home at St. John's • Convivium Urban Farmstead • Dubuque YMCA/YWCA • Four Oaks Family and Children's Ser- vices • 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 ap- proved by the Community Development Advi- sory Commission on March 17, 2021; and Whereas, all services provided will be to a minimum of 51 % low/moderate income resi- dents. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Funding Ap- proval/Agreements, authorized by the Commu- nity Development Advisory Commission begin- ning April 1, 2021, for Purchase of Services 128 Regular Session, April 5, 2021 Book 151 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 docu- ments 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 ses- sion 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 conflicts were ex- pressed. Motion carried 7-0. COUNCIL MEMBER REPORTS Council Member Cavanagh inquired about the timeline for City Council returning to in -per- son 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 antici- pates that the June 7 Council meeting is the first meeting that could be considered as an in -per- son option. Mayor Buol stated that City Council meetings would operate in a hybrid approach, with the City Council meeting in -person and lim- iting in -person attendance to any member of the public with business for the City Council. Once herd immunity is achieved, then the City Coun- cil would consider returning to standard meet- ing 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. Roussell also reported on her recent appointment to the Na- tional League of Cities Race, Equity, and Lead- ership Council. Mayor Buol advised everyone share the City's recent vaccination hotline with the public. There being no further business, Mayor Buol declared the meeting adjourned at 8:39 p.m. /s/Adrienne N. Breitfelder, City Clerk Book 151 Regular Session, April 5, 2021 129 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 5:00 p.m. on April 6, 2021. Due to the COVID-19 pandemic and man- dates for social distancing, this meeting was conducted virtually via GoToMeeting. Present: Mayor Buol; Council Members Cavanagh, Farber, Jones, Resnick, Roussell, Sprank; City Manager Van Milligen, City Attor- ney Brumwell. Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of conducting a City Council Govern- ance Session. WORK SESSION Governance Session 1. Governance Workshop Facilitator Lyle Sumek conducted a Govern- ance Workshop with the City Council. Areas of discussion included: The City Council discussed the Governance Guide 2020-2021 and reflected on their pro- gress in the past year. The City Council reviewed sections of the draft Code of Conduct for City Council: Policies and Protocol Related to Conduct Requiring a name and address for WebQA "Contact the City Council" submissions; When it is appropriate to forward emails from the public to the City Manager. City Council Conduct With One Another Suggestion from the City Council to update the wording for voting decisions to reflect Coun- cil accepting and acknowledging the body's de- cision; Consensus that no cell phones are permit- ted during the City Council meetings unless for emergencies; Confirmation from City Attorney Brumwell that one-on-one discussions between City Council members are permitted if they do not lead to serial meetings; City Attorney Brumwell stated that closed session items that have been resolved and are on a City Council public meeting agenda can be discussed in public. Council Conduct with City Staff City Manager Van Milligen confirmed that City Council may attend public meetings with City staff. It was advised that City Council avoid communicating a specific viewpoint to City staff at any public meetings. Council Conduct with the Public City Attorney Brumwell suggested that guid- ance on Robert's Rules of Order could be incor- porated into the Code of Conduct; The City Council agreed on additional wording stating that attendance is expected for City Council ap- pointments to boards and commissions. Council Conduct with the Media City Attorney Brumwell clarified that it is ac- ceptable for City Council Members to speak with the media about their perspectives on an agenda item prior to the City Council meeting. The exception to this is Planned Unit Develop- ment (PUD) zoning items. City Attorney Brum- well stated she will cross-reference with the Iowa Attorney General's Office to confirm there are no current laws that would contradict the current recommendations. Council Conduct with Legislators City Council Members agreed to incorpo- rate the City's legislative priorities into this sec- tion. Sanctions City Attorney Brumwell will add references to the State Code regarding parameters if a City Council Member is arrested and the process for potential recall elections. Social Media Guidance City Council Members questioned if Face - book comments should be included on their Fa- cebook pages. City Attorney Brumwell stated that if City Council Members have Facebook pages that are solely utilized for their roles as Council Members, then comments on the page must be permitted. City Attorney Brumwell of- fered to review any City Council Member's Fa- cebook page to identify how the page is cur- rently utilized and offer guidance on the com- ments function; City Attorney Brumwell recommended City Council Members have separate Facebook pages for campaigning and for general City Council representation to avoid issues with campaign finance laws and ethics; City Attorney Brumwell stated that she will conduct additional research on recommenda- tions for Facebook pages of former City Council Members that reference their former Council service on their page. Responding to a question from the City Council, City Attorney Brumwell stated that she will conduct additional research on guidelines for City Council endorsements of political can- didates. 130 Special Session, April 6, 2021 Book 151 The Code of Conduct will be updated by City Attorney Brumwell based on the City Coun- cil's feedback from the meeting, with additional research conducted on the areas discussed. There being no further business, Mayor Buol declared the meeting adjourned at 7:49 p.m. /s/Adrienne N. Breitfelder, City Clerk CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 5:00 p.m. on April 19, 2021. Due to the COVID-19 pandemic and man- dates 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.cityofdubuque.org/me- dia, and streamed live on the City's Facebook page at www.facebook.com/cityofdu bug ue. Present: Mayor Buol; Council Members Cavanagh, Farber, Jones, Resnick, Roussell, Sprank; City Manager Van Milligen, City Attor- ney Brumwell. Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of conducting work sessions on the Four Mounds Foundation and Brain Health. WORK SESSIONS (2) 1. Four Mounds Foundation Leisure Services Manager Marie Ware in- troduced staff from the Four Mounds Founda- tion. Jill Courtney, Executive Director, and Becky Bodish, Program Manager, presented on the Foundation's past, current and future work, and initiatives. Topics included: • Four Mounds Impact • Current Enrollment • History of Service • YES Participants • HEART Youth • HEART Build Dubuque • Demographics • HEART Build Dubuque Pathways: Con- struction; Cabinetry; Transitional Em- ployment • Vision for Programming • Partnership Evolution • What Four Mounds Needs The presenters responded to questions from the City Council on program outcomes fol- lowing the presentation. City Manager Van Mil- ligen responded to a question from the City Council regarding potential funding options for Four Mounds. This work session concluded at 5:31 p.m. Book 151 Regular Session, April 19, 2021 131 2. Brain Health Mark Dalsing, Police Chief; Jeremy Jensen, Assistant Police Chief; Carrie Merrick, Vice President of Behavioral Health at Hillcrest Fam- ily Services; and Chris Corken, Project Coordi- nator with Community Foundation of Greater Dubuque, provided a presentation on current activities and initiatives around Brain Health in and around the City of Dubuque. Topics in- cluded: • Dubuque Police Department (PD) Initia- tives • Mobile Crisis Outreach • Who Utilizes Mobile Crisis Outreach? • What Mobile Crisis Outreach Does? • Community Foundation of Greater Dubuque • Projects Completed • Projects in Transition • Collateral Projects The presenters responded to questions from the City Council about funding options for programming following the presentation There being no further business, Mayor Buol declared the meeting adjourned at 6:16 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 19, 2021. Due to the COVID-19 pandemic and man- dates 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.cityofdubuque.org/me- dia, and streamed live on the City's Facebook page at www.facebook.com/citVofdu bug ue. The City Clerk announced in the meeting in- troduction that Facebook comments will no longer be monitored on the City's Facebook page effective for this meeting and all future City Council meetings. Present: Mayor Buol; Council Members Cavanagh, Farber, Jones, Resnick, Roussell, Sprank; City Manager Van Milligen, City Attor- ney 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. COVID-19 Update: Mary Rose Corrigan, Public Health Specialist; Kelly Larson, Human Rights Director; and Cori Burbach, Assistant City Manager, provided an update on the COVID-19 pandemic and response activities. PROCLAMATION(S) 1. Earth Day Proclamation (April 22, 2021) was accepted by Alexis Farrall on behalf of Green Iowa AmeriCorps. 2. Soil and Water Stewardship Week Proc- lamation (April 25 - May 2, 2021) was accepted by Mike Freiburger on behalf of the Dubuque Soil and Water District Commission. CONSENT ITEMS Motion by Resnick to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Cavanagh. Mo- tion carried 7-0. 132 Regular Session, April 19, 2021 Book 151 1. Minutes and Reports Submitted: City Council Proceedings of 4/5 and 4/6; Library Board of Trustees of 2/25; Zoning Advisory Commission of 4/7; Zoning Board of Adjust- ment of 3/25; Proof of Publication for City Coun- cil Proceedings of 3/22 and 3/24. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: Kyle Fitzger- ald for vehicle damage; Jenny Rouse for prop- erty damage; Drew Waller for vehicle damage. Upon motion the documents were received, filed, and referred to the City Attorney. 3. Disposition of Claims: City Attorney ad- vised that the following claims have been re- ferred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Kyle Fitzgerald for vehicle damage; Jenny Rouse for property damage; Drew Waller for ve- hicle damage. Upon motion the documents were received, filed, and concurred. 4. Approval of City Expenditures: City Man- ager recommended City Council approval for payment of City expenditures. Upon motion the documents were received and filed, and Reso- lution No. 110-21 Authorizing the Director of Fi- nance and Budget/City Treasurer to make cer- tain payments of bills that must be paid and ap- proved for payment in accordance with City pro- cedures was adopted. RESOLUTION NO. 110-21 AUTHORIZING THE DIRECTOR OF FI- NANCE AND BUDGET / CITY TREASURER TO MAKE CERTAIN PAYMENTS OF BILLS THAT MUST BE PAID AND APPROVED FOR PAYMENT IN ACCORDANCE WITH CITY PROCEDURES 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 De- partment personnel in accordance with gener- ally accepted internal control procedures and have been determined to have been requisi- tioned for a lawful municipal purpose; and Whereas, the Finance Director -City Treas- urer 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 pay- ment of certain expenditures known as Excep- tion 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 Treas- urer is hereby authorized to issue payment for goods and services provided for City purposes in response to the purchase orders and con- tracts issued in compliance with state and mu- nicipal code requirements as requested by des- ignated requisitioning authorities in accordance with approved budget appropriations. Section 2. In accordance with Iowa Code Section 372.13(6), the City Clerk and Finance Director are hereby authorized and directed to provide the statement of receipts and disburse- ments to the City Council, and to publish a sum- mary thereof. Passed, approved, and adopted this 19"' day of April 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 5. Final Plat Regan Farm Subdivision: Zon- ing Advisory Commission recommended ap- proval of the Final Plat of Regan Farm Subdivi- sion subject to waiving the Lot frontage require- ment for Lot 2. Upon motion the documents were received and filed, and Resolution No. 111-21 Approving the Final Plat: Regan Farm Subdivision Dubuque County, Iowa was adopted. RESOLUTION NO. 111-21 APPROVING THE FINAL PLAT: REGAN FARM SUBDIVISION DUBUQUE COUNTY, IOWA Whereas, there has been filed with the City Clerk a Final Plat Regan Farm Subdivision, Dubuque County, Iowa that is within the City's 2-mile extraterritorial jurisdiction; and Whereas, said Final Plat has been exam- ined by the Zoning Advisory Commission and its approval has been endorsed thereon; and Whereas, said Final Plat has been exam- ined by the City Council and they find that it con- forms to the statues and ordinances relating thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That Section 11-14 of Title 16 of the City of Dubuque Code of Ordinances, Uni- fied Development Code, is waived to allow 0 feet of frontage for Lot 2 on a public street or an approved private street. Section 2. That the Final Plat Regan Farm Subdivision, Dubuque County, Iowa is hereby approved, and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said Book 151 Regular Session, April 19, 2021 133 Final Plat of Survey. Passed, approved, and adopted this 191h day of April 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 6. Survey Plat of Paragon Square #2: Zon- ing Advisory Commission recommended ap- proval of the Plat of Survey of Paragon Square #2 as submitted, subject to waiving the Lot frontage requirement for Lot 1. Upon motion the documents were received and filed, and Reso- lution No. 112-21 Approving the Plat of Survey of: Paragon Square #2, in the City of Dubuque, Iowa was adopted. RESOLUTION NO. 112-21 APPROVING THE PLAT OF SURVEY OF: PARAGON SQUARE #2, IN THE CITY OF DUBUQUE, IOWA Whereas, there has been filed with the City Clerk a Plat of Survey of: Paragon Square #2, in the City of Dubuque, Iowa; and Whereas, said Plat of Survey has been ex- amined by the Zoning Advisory Commission and its approval has been endorsed thereon; and Whereas, said Plat of Survey has been ex- amined by the City Council and they find that it conforms to the statues and ordinances relating thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That Section 11-14 of Title 16 of the City of Dubuque Code of Ordinances, Uni- fied Development Code, is waived to allow 0 feet of frontage for Lot 1 on a public street or an approved private street. Section 2. That the Plat of Survey of: Para- gon Square #2, in the City of Dubuque, Iowa is hereby approved, and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said Final Plat of Survey. Passed, approved, and adopted this 19th day of April 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 7. State Historic Resources Development Program (HRDP) Grant Application for Dubu- que's Black Heritage Survey: City Manager rec- ommended authorization to submit a $30,000 Historic Resources Development Program (HRDP) Grant to conduct Dubuque's Black Her- itage Survey. Upon motion the documents were received and filed, and Resolution No. 113-21 Authorizing HRDP Grant Application to State Historic Preservation Office for the Dubuque Black Heritage Survey was adopted. RESOLUTION NO. 113-21 AUTHORIZING HRDP GRANT APPLICATION TO STATE HISTORIC PRESERVATION OF- FICE FOR THE DUBUQUE BLACK HERIT- AGE SURVEY Whereas, the State Historic Preservation Office has made available the grant opportunity of the Historic Resource Development Program (HRDP), for which the City of Dubuque intends to apply for funding for the Dubuque Black Her- itage Survey. This will support the development of a Multiple Property Document Form, a Gene- alogy Outreach component; and an archival Database as a basis for uncovering, under- standing, and telling a more complete history of Dubuque; and Whereas, the City of Dubuque has adopted the 2037 Imagine Dubuque Comprehensive Plan that includes goals for educating the com- munity about the benefits of historic preserva- tion; and Whereas, the City of Dubuque has adopted the Equitable Poverty Reduction and Preven- tion Plan which identifies promising practices for racial equity and prosperity; and Whereas, the Black Heritage Survey fur- thers the Planning Services Department's Eq- uity Plan by advancing Equity through Service Delivery, Community Engagement and Collec- tive Impact Partnership. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The Mayor hereby is authorized to submit the FY 2022 HRDP Grant application to the State Historic Preservation Office for the Dubuque Black Heritage Survey. Section 2. The Planning Services Manager hereby authorized to serve as project manager in accordance with state requirements. Passed, approved, and adopted this 19th day of April 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 8. City of Sageville Letter of Proposed An- nexation: Correspondence from the City of Sageville, Iowa regarding a City Council public hearing scheduled for May 3, 2021 to consider proposed annexations of City -owned property and a parcel owned by Robert Stohmeyer into the City of Sageville, Iowa. Upon motion the documents were received, filed, and referred to the City Manager. 9. Termination of Development Agreement Between the City of Dubuque and Offal Food Group, LLC for the Rehabilitation of 801 Rhom- berg Avenue: City Manager recommended ap- proval of a resolution authorizing a Termination Agreement between the City of Dubuque and Offal Food Group, LLC for the rehabilitation of 134 Regular Session, April 19, 2021 Book 151 801 Rhomberg Avenue. Upon motion the docu- ments were received and filed, and Resolution No. 114-21 Approving the Termination Agree- ment of the Development Agreement by and between the City of Dubuque, Iowa and Offal Food Group, LLC was adopted. RESOLUTION NO. 114-21 APPROVING THE TERMINATION AGREE- MENT OF THE DEVELOPMENT AGREE- MENT BY AND BETWEEN THE CITY OF DUBUQUE, IOWA AND OFFAL FOOD GROUP, LLC Whereas, the City of Dubuque (City) and Of- fal Food Group, LLC (Developer) entered into a Development Agreement dated for reference purposes the 7th day of December 2021 (the Agreement) for property at 801 Rhomberg Ave- nue, legally described as follows: Lot 1 of the Subdivision of Lot 42 in Cook's Addition to the City of Dubuque, Iowa, ac- cording to the recorded Plat thereof; Lot 2 of the Subdivision of Lot 42 in Cook's Addition to the City of Dubuque, Iowa, ac- cording to the recorded Plat thereof; The Southeasterly 95.53 feet of Lot 17 and the Southeasterly 95.53 feet of Lot 3 of the Subdivision of Lot 18, both in "Dreibelbis Addition, Dubuque" in the City of Dubuque, Iowa, according to the rec- orded Plat thereof; Lot 5 of the Subdivision of Lots 1 and 11, and Lot 1 of the Subdivision of Lot 1-A, in Lorimier's Subdivision of Out Lots 654 and 688 in the City of Dubuque, Iowa, accord- ing to the recorded Plat thereof; and Whereas, City and Developer now desire to terminate the Agreement on the terms and con- ditions set forth in the Termination Agreement attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Termination Agreement is hereby approved. Section 2. The Mayor is hereby authorized and directed to sign the Termination Agreement on behalf of the City of Dubuque. Section 3. The City Manager is authorized to take such actions as are necessary to comply with the terms of the Termination Agreement. Passed, approved, and adopted this 19th day of April 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 10. Real Estate Broker Services for Listing City -Owned Land for Sale or Lease: City Man- ager recommended approval of two new listing agreements for real estate broker services of Bob Felderman at General Bob Realty to sell or lease City -owned land. Upon motion the docu- ments were received and filed, and Resolution No. 115-21 Approving Listing Agreements for Real Estate Broker Services between the City of Dubuque, Iowa and General Bob Realty for the sale or lease of City -owned properties was adopted. RESOLUTION NO. 115-21 APPROVING LISTING AGREEMENTS FOR REAL ESTATE BROKER SERVICES BE- TWEEN THE CITY OF DUBUQUE, IOWA AND GENERAL BOB REALTY FOR THE SALE OR LEASE OF CITY -OWNED PROPERTIES Whereas, the City of Dubuque owns the real estate described in the attached list (the Prop- erties); and Whereas, the City Council has previously approved Listing Contract with General Bob Realty to provide broker services to the City for the sale or lease of the Properties on the terms and conditions set forth in the attached Listing Contracts; and Whereas, the City Council desires to add two new Listing Contracts attached hereto for two new properties; and Whereas, the City Council finds that it would be in the best interests of the City of Dubuque to approve the new Listing Contracts. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Listing Contracts are hereby approved. Section 2. The City Manager is authorized to take such actions as are necessary to offer the Properties for sale or lease, all such sales or leases being subject to approval of the City Council as required by law. Passed, approved, and adopted this 19th day of April 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 11. Appointment of Liaison to the Long - Range Planning Commission: Housing Com- mission recommended approval to appoint Michelle Becwar as the Housing Commission li- aison to the Long -Range Planning Commis- sion. Upon motion the documents were re- ceived, filed, and approved. 12. Signed Contract(s): First Amendment to Master Lease Agreement with Dubuque Cellu- lar Telephone, L.P.; Lease Agreement with Dubuque Water Sports Club. Upon motion the documents were received and filed. 13. Memorandum of Understanding with Dubuque County for a COVID-19 Vaccine Point of Delivery and Call Center: Signed contract with Dubuque County for a COVID-19 Vaccine Point of Delivery (POD) facility at the Grand River Center and for a COVID-19 Call Center available to all Dubuque County residents. Upon motion the documents were received and Book 151 Regular Session, April 19, 2021 135 filed. 14. Improvement Contracts / Performance, Payment and Maintenance Bonds: 2021 As- phalt Overlay Ramp Project One; Asbury Road Fiber Optic Collaboration - Phase 3 Project. Upon motion the documents were received, filed, and approved. 15. Acceptance of Subdivision Improve- ments in Silver Oaks Estates Subdivision: City Manager recommended acceptance of the pub- lic improvements, except for storm water deten- tion facilities, that the developer, Royal Oaks Development Corporation, has recently com- pleted in Silver Oaks Estates Subdivision. Upon motion the documents were received and filed, and Resolution No. 116-21 Accepting Public Improvements in Silver Oaks Estates Subdivi- sion, in the City of Dubuque, Iowa was adopted. RESOLUTION NO. 116-21 ACCEPTING PUBLIC IMPROVEMENTS IN SILVER OAKS ESTATES SUBDIVISION, IN THE CITY OF DUBUQUE, IOWA Whereas, pursuant to a development agreement with Royal Oaks Development Cor- poration and per Resolution 148-20, certain public improvements including street paving with longitudinal subdrain and concrete curb and gutter, accessible sidewalk ramps, con- crete sidewalks, a paved cul-de-sac, sanitary sewer main, water main, storm sewers and catch basins, street lighting, fiber optic conduit, and storm water detention facilities were in- stalled by the developer of Silver Oaks Estates in the City of Dubuque, Iowa; and Whereas, the improvements, except for storm water detention facilities, have been com- pleted and the City Manager has examined the work and has filed a certificate stating that the same has been completed in accordance with the plans approved by the City Council and in conformance with City specifications, and has recommended that the improvements be ac- cepted by the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said public improvements in Silver Oaks Estates Subdivi- sion, except for storm water detention facilities, be and the same is hereby accepted. Section 2. That a maintenance guarantee covering said public improvements shall be pro- vided by the owners, Royal Oaks Development Corporation, for a period of two (2) years from the date of this resolution. Passed, approved, and adopted this 19th day of April 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 16. Right of Way Plat and Dedication in North Grandview Estates No. 2 - Ehrlich Prop- erties LLC Property: City Manager recom- mended approval of the Acquisition Plat of Lot A of Lot 25 of North Grandview Estates No. 2, in the City of Dubuque, Iowa, and acceptance of the dedication of said Lot from Ehrlich Prop- erties, LLC for street right of way and public util- ities purposes. Upon motion the documents were received and filed, and Resolution No. 117-21 Approving the Acquisition Plat of Lot A of Lot 25 of North Grandview Estates No. 2, in the City of Dubuque, Iowa was adopted. RESOLUTION NO. 117-21 APPROVING THE ACQUISITION PLAT OF LOT A OF LOT 25 OF NORTH GRANDVIEW ESTATES NO. 2, IN THE CITY OF DUBUQUE, IOWA Whereas, pursuant to Resolution 8-21, a copy of which is attached hereto, Ehrlich Prop- erties, LLC and the City of Dubuque have agreed to certain modifications to the original approval of the subdivision Plans and Final Plat of North Grandview Estates No. 2, in the City of Dubuque, Iowa; and Whereas, said Resolution requires Ehrlich Properties, LLC to dedicate to the City of Dubu- que a public right of way for future access from Helen Ridge Court to Lot 2-1-1 of Mineral Lot 359 in the City of Dubuque which abuts North Grandview Estates No. 2 to the west; and Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, an Acquisition Plat dated April 12, 2021, prepared by Buesing and Associates, Inc., describing Lot A of 25 of North Grandview Estates No. 2, in the City of Dubuque, Iowa; and Whereas, said plat conforms to the laws and statutes pertaining thereto; and Whereas, upon said plat appears Lot A of Lot 25, which Ehrlich Properties, LLC, by said plat has dedicated to the public forever; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the plat dated April 12, 2021, prepared by Buesing and Associates, Inc., relative to the real estate hereinabove de- scribed 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 A of Lot 25 of North Grandview Estates No. 2, in the City of Dubuque, Iowa, for street Right of Way and public utilities purposes, as it appears on said Acquisition Plat, be and the same is hereby ac- cepted. 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, 136 Regular Session, April 19, 2021 Book 151 Iowa. Passed, approved, and adopted this 19th day of April 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 17. 2021 Asphalt Overlay Ramp Project 3: City Manager recommended award of the con- struction contract to the low bidder, Midwest Concrete, Inc., in the amount of $148,018, which is 14.81 % below the engineer's estimate. Upon motion the documents were received and filed, and Resolution No. 118-21 Awarding the Public Improvement Contract for the 2021 As- phalt Overlay Ramp Project was adopted. RESOLUTION NO. 118-21 AWARDING THE PUBLIC IMPROVEMENT CONTRACT FOR THE 2021 ASPHALT OVERLAY RAMP PROJECT 3 Whereas, sealed proposals have been sub- mitted by contractors for the 2021 Asphalt Overlay Ramp Project 3, (the Project) pursuant to Resolution No. 75-21 and Notice to Bidders published on the City of Dubuque, Iowa website and plan room service with statewide circulation on the 19th day of March 2021. Whereas, said sealed proposals were opened and read on the 8th day of April 2021 and it has been determined that Midwest Con- crete, Inc. of Peosta, Iowa, with a low bid in the amount of $148,018.00 is the lowest respon- sive, responsible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That a Public Improvement Contract for the Project is hereby awarded to Midwest Con- crete, Inc. and the City Manager is hereby di- rected to execute a Public Improvement Con- tract on behalf of the City of Dubuque for the Project. Passed, adopted, and approved this 19th day of April 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 18. Sustainable Dubuque Community Grant Award Recommendation: City Manager recom- mended approval of the Resilient Community Advisory Commission recommendations for se- lected projects for funding from the Sustainable Dubuque Community Grant Program at a total funding amount of $20,720. Upon motion the documents were received, filed, and approved. 19. Government Finance Officers Associa- tion Contract Amendment - Enterprise Re- source Planning (ERP) Project: City Manager recommended approval of an amendment to the Government Finance Officers Association (GFOA) contract for Enterprise Resource Plan- ning (ERP) selection advisory services to add project oversight for the implementation phase of the project. Upon motion the documents were received, filed, and approved. 20. Distinguished Budget Presentation Award from Government Finance Officers As- sociation (GFOA): Correspondence from the Government Finance Officers Association (GFOA) stating that the City's budget document has been awarded the Distinguished Budget Presentation Award for the current fiscal period. Upon motion the documents were received and filed. 21. Alcohol and Tobacco License Applica- tions: City Manager recommended approval of annual liquor, beer, wine, and tobacco license applications as submitted. Upon motion the documents were received and filed, and Reso- lution No. 119-21 Approving applications for beer, liquor, and/orwine permits, as required by City of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits and Resolution No. 120- 21 Approving applications for retail cigarette / tobacco sales / nicotine / vapor permits, as re- quired by Iowa Code 453A.47A were adopted. RESOLUTION NO. 119-21 APPROVING APPLICATIONS FOR BEER, LIQUOR, AND/OR WINE PERMITS, AS RE- QUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LI- CENSE REGULATIONS, CHAPTER 2 LIQ- UOR CONTROL, ARTICLE B LIQUOR, 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 author- ized and directed to cause to be issued the noted permit types to the following applicants pending submission of the locally required doc- umentation: Renewals Backpocket Brewing Taproom, 333 East loth St. Board and Brush Creative Studio, 875 Jackson St. BP Fuel, 1450 Loras Blvd. Bunker Hill Golf Course, 2200 Bunker Hill Rd. Clarke University, 1550 Clarke Dr. Book 151 Regular Session, April 19, 2021 137 Dubuque Lodge No. 355, 2635 Windsor Ave. Hartig Drug Co., 2255 John F. Kennedy Rd. Kwik Stop 161h Street #325, 1210 E. 161h St. Liquor Tobacco and Gas, 1401 Central Ave. Loras College Campus Center, 1450 Alta Vista St. Lot One, LLC, 100 Main St. Monks Kaffee Pub, 373 Bluff St. The Hub, 253 Main St. Passed, approved, and adopted this 19th day of April 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk RESOLUTION NO. 120-21 APPROVING APPLICATIONS FOR RETAIL CIGARETTE / TOBACCO SALES / NICOTINE / VAPOR PERMITS, AS REQUIRED BY IOWA CODE 453A.47A Whereas, applications for Cigarette/To- bacco Sales 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 other- wise 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 author- ized and directed to cause to be issued the fol- lowing named applicants and locations for cig- arette/tobacco sales permit. Business Name: The Konnexion Business Address: 1099 University Ave. Passed, approved, and adopted this 19"' day of April 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk ITEMS SET FOR PUBLIC HEARING Motion by Cavanagh to receive and file the documents, adopt the resolutions, and set the public hearings as indicated. Seconded by Roussell. Motion carried 7-0. 1. Fiscal Year 2021 Second Budget Amend- ment: City Manager recommended the second Fiscal Year 2021 Budget Amendment be set for public hearing for May 3, 2021. Upon motion the documents were received and filed, and Reso- lution No. 121-21 Setting the date for the public hearing on Amendment No. 2 to the Fiscal Year 2021 Budget for the City of Dubuque was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on May 3, 2021. RESOLUTION NO. 121-21 SETTING THE DATE FOR THE PUBLIC HEARING ON AMENDMENT NO. 2 TO THE FISCAL YEAR 2021 BUDGET FOR THE CITY OFDUBUQUE Whereas, Iowa Code Section 384.16 pro- vides that the City Council shall set a time and place for a public hearing on amendments to the budget and publish notice before the hear- ing as provided in Iowa Code Section 362.3. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the City Council shall con- duct a public hearing on proposed Amendment No. 2 to the Fiscal Year 2021 budget for the City of Dubuque virtually, on Monday, May 3, 2021, beginning at 6:30 p.m. Section 2. That the City Clerk be and is hereby authorized and directed to publish no- tice of the public hearing, according to law, to- gether with the required budget information. Passed, approved, and adopted this 19"' day of April 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 2. Sale of City -Owned Property at 1659 Iowa Street: City Manager recommended that a public hearing be set for May 3, 2021, for the purpose of disposing of City -owned real prop- erty located at 1659 Iowa Street to GT Invest- ments for $100. Upon motion the documents were received and filed, and Resolution No. 122-21 Intent to dispose of an interest in City of Dubuque real estate to GT Development, set- ting a time and place for hearing, and providing for the publication of notice thereof was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on May 3, 2021. RESOLUTION NO. 122-21 INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE REAL ESTATE TO GT DEVELOPMENT, SETTING A TIME AND PLACE FOR HEARING, AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF Whereas, the City of Dubuque, Iowa (City) owns real property situated in Dubuque County, Iowa, locally identified as 1659 Iowa Street, Dubuque, Iowa and legally described as: The South 57 feet of the North 107 feet of the E'/2 of Out Lot 746 in the City of Dubuque, Iowa, according to the United States Commissioners' Map of the Town of Dubuque, Iowa - and locally known as 1659, 1665, 1671 and 1677 Iowa Street; and Whereas, City acquired the property through a petition for title to abandoned prop- erty for the purpose of its rehabilitation; and 138 Regular Session, April 19, 2021 Book 151 Whereas, City received an offer to purchase and rehabilitate the property from GT Develop- ment; and Whereas, by accepting the selected offer the City's objective of rehabilitation of dilapi- dated residences can be realized. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque, Iowa, proposes to dispose of its interest in the above - described real estate to GT Development for the sum of $100. Section 2. That the City Council shall con- duct a public hearing on the proposed disposi- tion of real estate in the City Council Chambers at the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa on the 3rd day of May 2021 beginning at 6:30 p.m. Section 3. That the City Clerk be and is hereby authorized and directed to publish no- tice of the public hearing in the form attached hereto, according to law. Passed, approved, and adopted this 19th day of April 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 3. 2021 Asphalt Overlay Ramp Project 4: City Manager recommended initiation of the public bidding procedure for the 2021 Asphalt Overlay Ramp Project 4, and further recom- mends that a public hearing be set for May 3, 2021. Upon motion the documents were re- ceived and filed, and Resolution No. 123-21 2021 Asphalt Overlay Ramp Project 4: Prelimi- nary Approval of Plans, Specifications, Form of Contract, and Estimated Cost; Setting Date of Public Hearing on Plans, Specifications, Form of Contract, and Estimated Cost; and Ordering the Advertisement for Bids was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on May 3, 2021. RESOLUTION NO. 123-21 2021 ASPHALT OVERLAY RAMP PROJECT 4: PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPECIFICA- TIONS, FORM OF CONTRACT, AND ESTI- MATED COST; AND ORDERING THE AD- VERTISEMENT FOR BIDS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The proposed plans, specifica- tions, form of contract and estimated cost for the 2021 Asphalt Overlay Ramp Project 4 in the estimated amount of $162,561.40 are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. Section 2. A public hearing will be held on the 3rd day of May 2021, at 6:30 p.m. in the His- toric Federal Building Council Chambers (and/or by virtual means), 350 W. 6th Street, Dubuque, Iowa, at which time interested per- sons may appear and be heard for or against the proposed plans and specifications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubu- que, Iowa, which notice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any interested person may appear and file ob- jections to the proposed plans, specifications, form of contract, or estimated cost of the Pro- ject. Section 3 2021 Asphalt Overlay Ramp Pro- ject 4 is hereby ordered to be advertised for bids for construction. Section 4. The amount of the security to ac- company each bid shall be in an amount which shall conform to the provisions of the Notice to Bidders hereby approved. Section 5. The City Engineer is hereby di- rected to advertise for bids for the construction of the improvements herein provided, by pub- lishing the attached Notice to Bidders to be pub- lished in the Master Builders of Iowa Plan Room, The Construction Update Network and posted on the City of Dubuque website at www.cityofdubuque.org/bids and which notice shall be published not less than thirteen but not more than forty-five days before the date for fil- ing bids before 2:00 p.m. on the 13th day of May 2021. Bids shall be opened and read by the City Clerk at said time and will be submitted to the City Council for final action at 6:30 p.m. on the 7th day of June 2021, in the Historic Federal Building Council Chambers (and/or by virtual means), 350 West 6th Street, Dubuque, Iowa. Passed, adopted, and approved this 19th 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 op- tions. The City Council agenda can be ac- cessed at https://cityofdubugue.novu- sagenda.com/AgendaPublic/ or by contacting the City Clerk's Office at 563-589-4100, ctyclerk(a-)cityofdubugue.org.] BOARDS/COMMISSIONS 1. Boards and Commission Applicant Re- view: Applications were reviewed for the follow- ing Boards and Commissions. Applicants were Book 151 Regular Session, April 19, 2021 139 invited to address the City Council regarding their desire to serve on the following Boards/Commissions. i. Human Rights Commission: One, 3-Year term through January 1, 2022 (Vacant term or Hammel Jr.). Applicants: Jake Kurczek, 1110 Victoria PI.; Nichole Weber, 535 South Grandview Ave. This commission is subject to the State of Iowa Gender Balance Law. 9 Com- missioners total; currently 3 males/5 females/1 opening PUBLIC HEARINGS 1. Amended and Restated Urban Renewal Plan for the North Grandview Estates Housing Urban Renewal Area, Version 2021.2: Proof of publication on notice of public hearing to con- sider City Council approval of a resolution of adoption for the Amended and Restated Urban Renewal Plan, Version 2021.2, for the North Grandview Estates Housing Urban Renewal Area, and City Manager recommended ap- proval. Motion by Jones to receive and file the documents and adopt Resolution No. 124-21 Approving the Amended and Restated Urban Renewal Plan Version 2021.2, for the North Grandview Estates Housing Urban Renewal Area. Seconded by Resnick. Staff stated that no online public input had been received for this item. Motion carried 7-0. RESOLUTION NO. 124-21 APPROVING THE AMENDED AND RE- STATED URBAN RENEWAL PLAN VERSION 2021.2, FOR THE NORTH GRANDVIEW ES- TATES HOUSING URBAN RENEWAL AREA Whereas, by Resolution 81-21 on March 15, 2021, the City Council of the City of Dubuque, Iowa authorized the preparation of an Amended and Restated Urban Renewal Plan (the "Plan") for the North Grandview Estates Housing Urban Renewal Area (the "Area"); and Whereas, the City of Dubuque's primary ob- jective for the Plan is to provide public improve- ments related to housing and residential devel- opment and provide housing opportunities, in- cluding assistance for low- and moderate -in- come family housing, which will further eco- nomic development purposes and objectives as described in the Plan in the Area; and Whereas, a consultation process has been undertaken with affected taxing entities in ac- cordance with Chapter 403 of the Code of Iowa with no written objections or recommended changes to the Amended and Restated Plan re- ceived; and Whereas, the City Council, in accordance with Chapter 403 of the Code of Iowa, has held a public hearing on the proposed Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Urban Renewal Plan for the North Grandview Estates Urban Renewal Area, Version 2021.2, on file in the City Clerk's Office and made reference to herein, is hereby approved. Section 2. That the City Clerk of the City of Dubuque, Iowa is hereby authorized and di- rected to file a certified copy of this Resolution in the office of the Dubuque County Auditor. Passed, approved, and adopted this 19th day of April 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 2. Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Eco- nomic Development District Urban Renewal Plan, Version 2021.1: Proof of publication on notice of public hearing to consider City Council approval of an Amended and Restated Urban Renewal Plan for Dubuque Industrial Center Economic Development District, Version 2021.1, and City Manager recommended ap- proval. Motion by Cavanagh to receive and file the documents and adopt Resolution No. 125- 21 Approving the Amended and Restated Ur- ban Renewal Plan, Version 2021.1, for the Dubuque Industrial Center Economic Develop- ment District. Seconded by Sprank. Staff stated that no online public input had been received for this item. Motion carried 7-0. RESOLUTION NO. 125-21 APPROVING THE AMENDED AND RE- STATED URBAN RENEWAL PLAN, VER- SION 2021.1, FOR THE DUBUQUE INDUS- TRIAL CENTER ECONOMIC DEVELOPMENT DISTRICT Whereas, by Resolution 82-21 on March 15, 2021, the City Council of the City of Dubuque, Iowa authorized the preparation of an Amended and Restated Urban Renewal Plan (the "Amended and Restated Urban Renewal Plan" or "Plan") for the Dubuque Industrial Center Economic Development District (the "District"); and Whereas, the Amended and Restated Ur- ban Renewal Plan for the District, Version 2021.1, is on file in the City Clerk's Office; and Whereas, the City of Dubuque's primary ob- jective for the Amended and Restated Urban Renewal Plan for the District is to provide op- portunities which will further economic develop- ment purposes and objectives as described in the Plan; and Whereas, a consultation process has been undertaken with affected taxing entities in ac- cordance with Chapter 403 of the Code of Iowa with no written objections or recommended changes to the Plan received; and Whereas, the City Council, in accordance 140 Regular Session, April 19, 2021 Book 151 with Chapter 403 of the Code of Iowa, has held a public hearing on the Amended and Restated Urban Renewal Plan after public notice thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic Development District, Ver- sion 2021.1, is hereby approved. Section 2. That a feasible method exists for the location of any families who will be dis- placed from The District, as amended, into de- cent, safe, and sanitary dwelling accommoda- tions within their means and without undue hardship to such families; and that the Amended and Restated Plan conforms to the general plan of the city as a whole. With respect to any real property in The District acquired by the City in connection with the land and projects included in the Plan, non-residential use is ex- pected and with reference to those portions thereof which are to be developed for non-resi- dential uses, such non-residential uses are nec- essary and appropriate to facilitate the proper growth and development of the City in accord- ance with sound planning standards and local community objectives. Section 3. That the District, as amended, continues to be an area for economic develop- ment (commercial and industrial) within the meaning of Iowa Code Chapter 403; that such area is eligible for designation as an urban re- newal area and otherwise meets all requisites under the provisions of Iowa Code Chapter 403; and that the rehabilitation, conservation, rede- velopment, development, or a combination thereof, of such area is necessary in the interest of the public health, safety or welfare of the res- idents of this City. Section 4. That, notwithstanding any resolu- tion, ordinance, plan, amendment, or any other document, the Amended and Restated Plan shall be in full force and effect from the date of this Resolution until the Council amends or re- peals the Plan. Section 5. That the City Clerk of the City of Dubuque, Iowa is hereby authorized and di- rected to file a certified copy of this Resolution in the office of the Dubuque County Recorder. Passed, approved, and adopted this 19th day of April 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 3. Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Eco- nomic Development District Urban Renewal Plan, Version 2021.2: Proof of publication on notice of public hearing to consider City Council approval of an Amended and Restated Urban Renewal Plan for the Dubuque Industrial Cen- ter Economic Development District, Version 2021.2, and City Manager recommended ap- proval. Motion by Roussell to receive and file the documents and adopt Resolution No. 126- 21 Approving the Amended and Restated Ur- ban Renewal Plan, Version 2021.2, for the Dubuque Industrial Center Economic Develop- ment District. Seconded by Farber. Staff stated that no online public input had been received for this item. Motion carried 7-0. RESOLUTION NO. 126-21 APPROVING THE AMENDED AND RE- STATED URBAN RENEWAL PLAN, VER- SION 2021.2, FOR THE DUBUQUE INDUS- TRIAL CENTER ECONOMIC DEVELOPMENT DISTRICT Whereas, by Resolution 83-21 on March 15, 2021, the City Council of the City of Dubuque, Iowa authorized the preparation of an Amended and Restated Urban Renewal Plan (the "Amended and Restated Urban Renewal Plan" or "Plan") for the Dubuque Industrial Center Economic Development District (the "District"); and Whereas, the Amended and Restated Ur- ban Renewal Plan for the District, Version 2021.2, is on file in the City Clerk's Office; and Whereas, the City of Dubuque's primary ob- jective for the Amended and Restated Urban Renewal Plan for the District is to provide op- portunities which will further economic develop- ment purposes and objectives as described in the Plan; and Whereas, a consultation process has been undertaken with affected taxing entities in ac- cordance with Chapter 403 of the Code of Iowa with no written objections or recommended changes to the Plan have been received; and Whereas, the City Council, in accordance with Chapter 403 of the Code of Iowa, has held a public hearing on the Amended and Restated Urban Renewal Plan after public notice thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic Development District, Ver- sion 2021.2, is hereby approved. Section 2. That a feasible method exists for the location of any families who will be dis- placed from The District, as amended, into de- cent, safe, and sanitary dwelling accommoda- tions within their means and without undue hardship to such families; and that the Amended and Restated Plan conforms to the general plan of the city as a whole. With respect to any real property in The District acquired by the City in connection with the land and projects included in the Plan, non-residential use is ex- pected and with reference to those portions thereof which are to be developed for non-resi- Book 151 Regular Session, April 19, 2021 141 dential uses, such non-residential uses are nec- essary and appropriate to facilitate the proper growth and development of the City in accord- ance with sound planning standards and local community objectives. Section 3. That the District, as amended, continues to be an area for economic develop- ment (commercial and industrial) within the meaning of Iowa Code Chapter 403; that such area is eligible for designation as an urban re- newal area and otherwise meets all requisites under the provisions of Iowa Code Chapter 403; and that the rehabilitation, conservation, rede- velopment, development, or a combination thereof, of such area is necessary in the interest of the public health, safety or welfare of the res- idents of this City. Section 4. That, notwithstanding any resolu- tion, ordinance, plan, amendment, or any other document, the Amended and Restated Plan shall be in full force and effect from the date of this Resolution until the Council amends or re- peals the Plan. Section 5. That the City Clerk of the City of Dubuque, Iowa is hereby authorized and di- rected to file a certified copy of this Resolution in the office of the Dubuque County Recorder. Passed, approved, and adopted this 19'h day of April 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 4. Resolution Approving the Disposition of an Interest in City -Owned Real Estate Pursuant to the Development Agreement by and among the City of Dubuque, Giese Properties, LLC, and Giese Manufacturing Company, Inc., in- cluding the Issuance of Urban Renewal Tax In- crement Revenue Grant Obligations: Proof of publication on notice of public hearing to con- sider City Council approval of a Development Agreement by and among the City of Dubuque, Giese Properties, LLC, and Giese Manufactur- ing Company, Inc. providing for the sale of city - owned real estate in Dubuque Industrial Center West to Giese Properties, LLC and the issu- ance of Urban Renewal Tax Increment Reve- nue Grant Obligations, and City Manager rec- ommended approval. Motion by Resnick to re- ceive and file the documents and adopt Reso- lution No. 127-21 Approving the disposal of an interest in City of Dubuque Owned real estate by sale to Giese Properties, LLC, pursuant to a Development Agreement by and among the City of Dubuque, Giese Properties, LLC, and Giese Manufacturing Company, Inc. including the issuance of Urban Tax Increment Revenue Obligations to Giese Manufacturing Company, Inc. Seconded by Jones. Staff stated that no online public input had been received for this item. Motion carried 7-0. RESOLUTION NO. 127-21 APPROVING THE DISPOSAL OF AN INTER- EST IN CITY OF DUBUQUE OWNED REAL ESTATE BY SALE TO GIESE PROPERTIES, LLC, PURSUANT TO A DEVELOPMENT AGREEMENT BY AND AMONG THE CITY OF DUBUQUE, GIESE PROPERTIES, LLC, AND GIESE MANUFACTURING COMPANY, INC. INCLUDING THE ISSUANCE OF URBAN TAX INCREMENT REVENUE OBLIGATIONS TO GIESE MANUFACTURING COMPANY, INC. Whereas, the City of Dubuque is the owner of the property legally described as follows: Lot 1 of Dubuque Industrial Center North First Addition, in the City of Dubuque, Iowa (the Property); and Whereas, the City Council, by Resolution No. 98-21, dated April 5, 2021, declared its in- tent to dispose of its interest in the Property by sale to Giese Properties, LLC pursuant to a De- velopment Agreement by and among the City of Dubuque, Giese Properties, LLC, and Giese Manufacturing Company, Inc., including the is- suance of Urban Renewal Tax Increment Rev- enue Obligations to Giese Manufacturing Com- pany, Inc.; and Whereas, pursuant to published notice, a public hearing was held on the proposed Devel- opment Agreement on April 19, 2021, at 6:30 p.m. by virtual means; and Whereas, it is the determination of the City Council that sale of the Property and approval of the Development Agreement for redevelop- ment of the Property by Giese Properties, LLC, according to the terms and conditions set out in the Development Agreement, is in the public in- terest of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Development Agree- ment between the City of Dubuque, Giese Properties, LLC, and Giese Manufacturing Company, Inc., a copy of which is attached hereto, including the sale of the Property and the issuance of Urban Renewal Tax Increment Revenue Obligations, is hereby approved. Section 2. That the Mayor is hereby author- ized and directed to execute the Development Agreement on behalf of the City of Dubuque and the City Clerk is authorized and directed to attest to his signature. Section 3. That the City Manager is author- ized to take such actions as are necessary to comply with the terms of the Development Agreement as herein approved. Passed, approved, and adopted this 19th day of April 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 142 Regular Session, April 19, 2021 Book 151 5. Proceedings for the Public Hearing on the Authorization of Not to Exceed $180,000 Gen- eral Fund Lease Agreement — Mailing and In- serting Machine: Proof of publication on notice of public hearing to consider City Council ap- proval of the suggested proceedings for the public hearing on the authorization of a general fund lease agreement not to exceed $180,000, and City Manager recommended approval. Mo- tion by Jones to receive and file the documents and adopt Resolution No. 128-21 Instituting Proceedings to take additional action for the au- thorization of a Lease Agreement (General Fund) in the principal amount of not to exceed $180,000 to acquire personal property for the City. Seconded by Roussell. Director of Fi- nance and Budget Jenny Larson responded to questions from the City Council regarding the City's lease of the mailing and inserting ma- chine and previous funds spent on lease pay- ments. Staff stated that no online public input had been received for this item. Motion carried 7-0. RESOLUTION NO. 128-21 INSTITUTING PROCEEDINGS TO TAKE AD- DITIONAL ACTION FOR THE AUTHORIZA- TION OF A LEASE AGREEMENT (GENERAL FUND) IN THE PRINCIPAL AMOUNT OF NOT TO EXCEED $180,000 TO ACQUIRE PER- SONAL PROPERTY FOR THE CITY Whereas, pursuant to notice published as required by law, this Council has held a public meeting and hearing upon the proposal to insti- tute proceedings for the authorization of a Lease Agreement in the principal amount of not to exceed $180,000, for the purpose of paying costs of the acquisition of personal property for the City, and more specifically, for the lease of a mailing and inserting machine, to be secured by the general fund, and has considered the ex- tent of objections received from residents or property owners as to said proposal and, ac- cordingly the following action is now considered to be in the best interests of the City and resi- dents thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That this Council does hereby in- stitute proceedings and take additional action for the authorization of a Lease Agreement in the principal amount of not to exceed $180,000 to evidence the obligation thereof for the fore- going purpose. Section 2. The Mayor and Clerk are author- ized and directed to proceed on behalf of the City with the negotiation and finalization of the terms of a Lease Agreement, evidencing the City's obligations to a principal amount of not to exceed $180,000 and otherwise to take all ac- tion necessary to permit the execution of a Lease Agreement on a basis favorable to the City. Passed and approved this 19th day of April 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 6. Petition to Vacate a Portion of Randall Place, in the City of Dubuque, Iowa Dubuque Golf and Country Club - Randall Place Vacate Agreement: Proof of publication on notice of public hearing to consider City Council approval of a request from Dubuque Golf and Country Club to vacate a portion of Randall Place south of Bradley Street and between Lot 1 Block 7 and Lot 17 Block 8 of Grandview Park for a pur- chase price of $32,197, and City Manager rec- ommended approval. Motion by Jones to re- ceive and file the documents and adopt Reso- lution No. 129-21 Vacating 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 and Resolution No. 130-21 Disposing of City Interest in Lot 1A Block 7 of Grandview Park, in the City of Dubu- que, Iowa. Second by Cavanagh. Council Mem- ber Farber stated that she will abstain from the vote due to owning property contiguous with the property under consideration and her member- ship with the Dubuque Golf and Country Club. Council Member Resnick asked for clarification on how many resolutions City Council was adopting for this item, as Resolution No. 100-21 was listed as an attachment. City Clerk Breit- felder stated that Resolution No. 100-21 was a resolution that Council previously voted on re- lated to this item and was provided for historical reference. Motion carried 6-0 with abstention from Farber. RESOLUTION NO. 129-21 VACATING 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 DUBU- QUE, IOWA Whereas, per Resolution No. 94-21 the City of Dubuque has entered into a development agreement with Dubuque Golf and Country Club for the sale of City Owned property includ- ing 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 prop- erty 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 Book 151 Regular Session, April 19, 2021 143 7 and Lot 17 Block 8 of Grandview Park, in the City of Dubuque, Iowa and assigned a Lot num- ber thereto, which hereinafter shall be known and described as Lot 1A Block 7 of Grandview Park, in the City of Dubuque, Iowa; and Whereas, pursuant to resolution and pub- lished notice of time and place of hearing, pub- lished in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on the 9th day of April 2021, the City Council of the City of Dubuque, Iowa met by virtual means on the 19th day of April 2021, at 6:30 p.m. in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Dubuque County, Iowa to consider the request to vacate; and Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objec- tions, oral or written to the request to vacate; and Whereas, the City Council of the City of Dubuque, Iowa, has determined that the pro- posed vacation of Lot 1A Block 7 of Grandview Park, in the City of Dubuque, Iowa, Iowa should be approved. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the real estate described as Lot 1A Block 7 of Grandview Park, in the City of Dubuque, Iowa, be and the same is hereby va- cated. Passed, approved, and adopted this 19th day of April 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 7. Text amendment to Articles 16-9-5-3: City Council Action, 16-11-2 Applicability and 16-13-2 Applicability of the Unified Develop- ment Code to remove references to Southwest Arterial Corridor Moratoriums and Subdivision Review: Proof of publication on notice of public hearing to consider a request from the City of Dubuque to amend the Unified Development Code to remove references to the Southwest Arterial Moratoriums, and Zoning Advisory Commission recommended approval. Motion by Cavanagh to receive and file the documents and that the requirement that a proposed ordi- nance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Se- conded by Sprank. Planning Services Manager Wally Wernimont provided a staff report. Staff stated that no online public input had been re- ceived for this item. Motion carried 7-0. Motion by Cavanagh for final consideration and passage of Ordinance No. 11-21 Amending Title 16 of the City of Dubuque Code of Ordi- nances, Unified Development Code, by Amend- ing 16-9-5-3: City Council Action, 16-11-2: Ap- plicability and 16-13-2: Applicability to remove references to Southwest Arterial Moratoriums and Subdivision Review. Seconded by Farber. City Clerk Breitfelder had to leave and rejoin the meeting due to technology issues. Once City Clerk Breitfelder rejoined, Mayor Buol stated to move to Action Item No. 8. Point of Order by Resnick that City Council still needed to vote on final consideration and passage of the Ordi- nance. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 11-21 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI- FIED DEVELOPMENT CODE, BY AMENDING 16-9-5-3: CITY COUNCIL ACTION, 16-11-2: APPLICABILITY AND 16-13-2: APPLICABIL- ITY TO REMOVE REFERENCES TO SOUTH- WEST ARTERIAL MORATORIUMS AND SUBDIVISION REVIEW Whereas, the Iowa Department of Trans- portation (IDOT) and the City of Dubuque es- tablished Southwest Arterial Corridor Moratori- ums to minimize potential conflicts with right-of- way acquisition and final design for preferred alignment; and Whereas, all right-of-way acquisition has been completed; and Whereas, the Southwest Arterial (US Hwy 52) has been constructed and is operational; and Whereas, the Southwest Arterial Corridor Moratoriums and Subdivision Review are no longer required. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That Title 16 of the City of Dubu- que Code of Ordinances, Unified Development Code Article 16-9-5-3: City Council Action is hereby amended as follows: cent o4 3 -D nnnra+ ., fnr ReZeninno Fn the RAWNwast Arterial GArridor: ThLz Q ty f e6 innil m e+ give final a ial to e GIaroifiGa+ien (reZen g) request for prep - arty in the Seuth,.,est Arterial Gerrider that rem the GGFPA-.r;-]tP lornits of the City of Dubu- as delineated en OR file in the CFt, GI8*'c Q#ine #GM the ffenti„e date of j--arc-ncvvmv�rrvT„--mc-c�-rc-vn-e-c-vRc�vr Ail„ 4 2016, n+,.,he a eSt8d Fight to the Of o '.nh a al a ed n r +e the effentive state herenf �fi.Sri+h "rrm'rrg--+m�f$r@gvinc'"�the Goty GO GOO rR approve a Fequested rezenipig UPGR a de+erminatinn that the n ed r Will nn+ n atively i art the a oitinn of right of a aleRg the preferred alignment of the SQ, iWwast Arterial Corridor. The Gity Qei in nil shall alon GGRsister aRy endatign from the Qn, ,thwpst Ar4er al Tenhnigal GAmmit tee regarding nn+en+ial negative im ante if anyi that %vex ild r i It frem approval of the requested rea Rd the s bseg en+ d8V8Innmen+ Of 144 Regular Session, April 19, 2021 Book 151 the Section 2. That Title 16 of the City of Dubu- que Code of Ordinances, Unified Development Code Article 16-11-2: Applicability is hereby amended as follows: 2--uh-division Review: A proposed plat that di- yv'des --aiy--Par"Eei within the o -i+hwest arterial rrider into twe (2) o e Lots, pd a liminaFy plot vd+hin the s;euthy.fes+ arterial G dorm is+ he to the Gi+v r nil fer r son of property in the so thiyes+ arterial n dor, as delineated A_ -A on file OR the Gity Gil from the offer+ive date hereof +e IiJv 9 2016 a ep+fer they erty within the final plat of Sienertb Dlare Fifth Addi+inn er .yhere vested right +e the .01SESI-laRGeof s Gh a al aGGrued p nr+n+he effeAti�e date hereof NefiA.4th+hsta the —feregGing—the city a nary plat Upon a determination that the pre Pesed su bdivisien odll no+ negatively im aGt the aGquisi+ien of right of way alenn the preferred al innmen+ef the ,A- uthuiest arterial G rririnr The pliGant shall p vide the Gi+v r Gil with a plat prepared by a licensed e r land (southwest arterial) GOrrid-or h-e-und-a-ries; The Gity G Gil shall also PAncider a datio from +he rAyt.hoAest arterial +erhpiral mi+tee regaFd'Rg PGtential atiye im pants, if a i w. i ithat ld r i It #Gm appFAval of the ped plat o relinilnary plat and +he uhsequent &Velnpment of+he p GGI(6 Section 3. That Title 16 of the City of Dubu- que Code of Ordinances, Unified Development Code Article 16-13-2: Applicability is hereby amended as follows: Section 4. The foregoing amendments have heretofore been reviewed by the Zoning Advi- sory Commission of the City of Dubuque, Iowa. Section 5. This ordinance shall take effect immediately upon publication, as provided by law. Passed, approved, and adopted this 19th day of April 2021. /s/Roy D. Buol, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 23rd day of April 2021. /s/Adrienne N. Breitfelder, City Clerk 8. Request to amend the Historic Millwork District Planned Unit Development to allow re- moval of the building behind 898 Jackson Street: Proof of publication on notice of public hearing to consider a request from Conlon Con- struction, LLC to amend the Historic Millwork District Planned Unit Development to allow re- moval of the building behind 898 Jackson Street, and Zoning Advisory Commission rec- ommended approval. Motion by Cavanagh to receive and file the documents and that the re- quirement that a proposed ordinance be con- sidered and voted on for passage at two Coun- cil meetings prior to the meeting at which it is to be passed be suspended. Seconded by Res- nick. Planning Services Manager Wally Werni- mont provided a staff report. Responding to a question from the City Council, Mr. Wernimont stated that two of the Zoning Advisory Commis- sioners abstained from the vote due to conflicts of interest. Staff stated that no online public in- put had been received for this item. Motion car- ried 7-0. Motion by Cavanagh for final consideration and passage of Ordinance No. 12-21 Amending Title 16 of the Unified Development Code of the City of Dubuque Code of Ordinances by re- scinding Ordinance 30-19 which provides regu- lations for a PUD Planned Unit Development District with a Planned Commercial Designation for the Historic Millwork District PUD and now being amended to allow the removal of the building behind 898 Jackson Street (Parcel #10-24-484-002). Seconded by Resnick. Mo- tion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 12-21 AMENDING TITLE 16 OF THE UNIFIED DE- VELOPMENT CODE OF THE CITY OF DUBU- QUE CODE OF ORDINANCES BY RESCIND- ING ORDINANCE 30-19 WHICH PROVIDES REGULATIONS FOR A PUD PLANNED UNIT DEVELOPMENT DISTRICT WITH A PLANNED COMMERCIAL DESIGNATION FOR THE HISTORIC MILLWORK DISTRICT PUD AND NOW BEING AMENDED TO AL- LOW THE REMOVAL OF THE BUILDING BE- HIND 898 JACKSON STREET (PARCEL #10- 24-484-002) Book 151 Regular Session, April 19, 2021 145 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That Title 16 of the City of Dubu- que Code of Ordinances, Unified Development Code, is hereby amended by rescinding Ordi- nance 30-19 which provides regulations for a Planned Unit Development District with a Planned Commercial District designation for the Historic Millwork District, and now being amended to allow the removal of the building behind 898 Jackson Street, to wit: A. Use Regulations: The following regula- tions shall apply to all uses made of land in the above -described PC Planned Com- mercial District: Principal permitted uses: The following uses are permitted in the Historic Millwork Dis- trict PUD: 1. Places of religious exercise or assem- bly, 2. Public, private, or parochial school ap- proved by State of Iowa (K-12), 3. Public or private park, golf course, or similar natural recreation area, 4. Railroad and public or quasi -public util- ity, including substation, 5. Residential use, 6. Housing for the elderly and persons with disabilities (not identified with (5) above), 7. Noncommercial art gallery, 8. Museum or library, 9. School of private instruction, 10. Private club, 11. General office, 12. Medical office or clinic, 13. Dental or medical lab, 14. Barber or beauty shop, 15. Hotel, 16. Shoe repair, 17. Laundry or drycleaner, 18. Bakery (wholesale or commercial), 19. Retail sales or service, 20. Indoor restaurant, 21. Bar or tavern, 22. Supermarket, 23. Tailoring or alterations, 24. Furniture or home furnishing, 25. Appliance sales or service, 26. Animal hospital or clinic, 27. Laundromat, 28. Furniture upholstery or repair, 29. Artist studio, 30. Photographic studio, 31. Neighborhood shopping center, 32. Business services, 33. Department store, 34. Auditorium or assembly hall, 35. Indoor theater, 36. Bank, savings and loan, or credit un- ion, 37. Indoor amusement center, 38. Vending or game machine sales and service, 39. Indoor recreation facility, 40. Mail order house, 41. Printing or publishing, 42. Parking structure, 43. Vocational school, 44. Business or secretarial school, 45. Passenger transfer facility, 46. Warehousing and storage facility, 47. Artisan production shop. Accessory Uses: The following accessory uses are permitted in the Historic Millwork Dis- trict PUD: 1. Any use customarily incidental and sub- ordinate to the principal use it serves. 2. Boiler system in use as part of an indus- trial business or use. 3. Outdoor seating as part of an indoor restaurant, bar, or tavern. Conditional Uses: The following conditional uses are permitted in the Historic Millwork Dis- trict PUD, subject to the provisions of Article 8 of the Unified Development Code that estab- lishes requirements for application to the Zon- ing Board of Adjustment for a conditional use permit, and any other specific conditions listed below for a conditional use. 1. Drive-in or carry -out restaurant. 2. Drive -up automated bank teller. 3. Vehicle rental. 4. Construction supplies sales and ser- vice. 5. Contractor shop or yard. 6. Wholesale sale/distributor. 7. Agricultural supply sales. 8. Lumberyard or building materials. 9. Laboratory for research, development, or engineering, provided that such use complies with all local, state, and federal regulations governing hazardous sub- stances, hazardous conditions, hazard- ous wastes, and hazardous materials. 10. Freight transfer facility. 11. Moving or storage facility. 12. Millworking. 13. Manufacture, assembly, repair, or storage of electrical or electronic prod- ucts, components, or equipment. 14. Manufacture or assembly of musical instruments; toys; watches or clocks; medical, dental, optical, or similar scien- tific instruments; orthopedic or medical appliances; signs or billboards. 15. Manufacturing, compounding, assem- bly or treatment of articles or products from the following substances: clothing or textiles; rubber, precious or semipre- cious stones or metals; wood; plastics; paper; leather; fiber; glass; hair; wax; metal; concrete; feathers; fur; cork; and celluloid or cellulose products. 16. District energy system. 146 Regular Session, April 19, 2021 Book 151 17. Private energy generation facility. odor producing substances emanating 18. Exterior storage. from a building or property associated 19. Licensed childcare centers, provided with a microbrewery, winery, or distill - that: ery, in such concentrations to create a a. Such facility shall supply loading and public nuisance, as established by the unloading spaces so as not to obstruct city manager, shall be prohibited. public streets or create traffic or safety b. The operation of a microbrewery, win - hazards; ery or distillery facility shall not cause b. All licenses have been issued or have any loud and excessive noise that re - been applied for and are awaiting the sult in annoyance or discomfort to a outcome of the state's decision; and reasonable person. c. Such use shall not be located within B. Lot and Bulk Regulations the same structure as any gas station, The following bulk regulations shall apply in bar/tavern, automated gas station or the Historic Millwork District PUD, subject to the any facility selling, servicing, repairing, provisions of the Unified Development Code. or renting vehicles. 1. Setbacks: d. The conditional use applicant certifies a) Front yard = 0 feet that the premises on which the li- b) Side yard = 0 feet censed childcare center will be located c) Rear yard = 0 feet complies with and will for so long as 2. Building Height = no maximum. the licensed childcare center is so lo- 3. New Construction Transition. New cated, continue to comply with all lo- construction on the blocks between cal, state, and federal regulations gov- 12th Street and 11 th Street should tran- erning hazardous substances, haz- sition in scale from the Washington ardous conditions, hazardous wastes, Neighborhood to the District PUD. and hazardous materials. C. Sign Regulations e. If the applicant is subject to the re- 1. The number, size, and location of quirements of Section 302 of the Su- signs in the Historic Millwork District perfund Amendments and Reauthori- PUD shall be regulated in accordance zation Act of 1986, as amended, the with Exhibit C and all other applicable Emergency Management Director regulations of Article 15 of the Unified shall certify whether the applicant has Development Code. submitted a current inventory of ex- 2. A comprehensive sign plan is re- tremely hazardous substances kept or quired as part of the sign permit sub - stored on the premises. If any such ex- mittal for all multi -tenant buildings. tremely hazardous substances are 3. Free-standing signs in the District kept or stored on the premises, the ap- PUD shall be monument -style signs. plicant shall also post in a conspicu- 4. The design of signage shall comply ous place on the premises a notice in- with the Downtown Design Guidelines dicating a description of the extremely for signs. Waiver requests from these hazardous substances, and the physi- guidelines shall be reviewed by the cal and health hazards presented by Historic Preservation Commission in such substances. accordance with the provisions of Arti- f. Applicant shall submit an evacuation cle 10 of the Unified Development plan for approval by the City, both writ- Code. ten and drawn, that details where the 5. Variance requests from sign require - children will go in the event of a haz- ments established in Article 15 of the ardous materials incident. The plan Unified Development Code shall be shall include a "house in place" sce- reviewed by the Zoning Board of Ad- nario in which the children can be kept justment in accordance with provi- safely within a room of the building sions of Article 8 of the Unified Devel- that has no penetration to the outside opment Code. (windows, doors, etc.). 6. Off -premise signs are prohibited in g. Applicant shall submit plans for ap- the Historic Millwork District PUD. proval by the City that indicate the in- D. Performance Standards stallation of a main emergency shut- Creation of a viable, equitable, and livable off switch for the heating, ventilation, mixed -use neighborhood in the Historic Mill - and air conditioning (HVAC) system to work District PUD that includes residential, re - minimize the infiltration risk of airborne tail, office, commercial, and industrial uses re - hazardous materials. quires both strategy and flexibility for its sus- 20. Microbrewery, winery, and distillery, tainability. The development and maintenance provided that: of uses in the Historic Millwork District PUD a. Any products or wastes containing Book 151 Regular Session, April 19, 2021 147 conceptually should follow the goals, objec- tives, and recommendations of the Historic Mill- work District Master Plan, incorporated herein by reference and on file in the Planning Ser- vices Department. The development and maintenance of uses in the Historic Millwork District PUD shall be regulated as follows: 1. Conceptual Development Plan a. Referenced herein as Section 5. De- velopment Summary of the Historic Millwork District Master Plan, and shown on Exhibit B, on file in the Plan- ning Services Department, and made a part of this zoning reclassification by reference as the Conceptual Develop- ment Plan forthe Historic Millwork Dis- trict PUD. b. It is recognized that minor shifts or modifications to the general plan lay- out may be necessary and compatible with the need to acquire workable street patterns, grades, and usable building sites. c. The Land Use / Development Pat- terns depicted in the Historic Millwork District Master Plan for ground floor uses reflect a predominance of resi- dential uses; however, for District sus- tainability, these ground floor uses shall be characterized by a flexible designation for the Historic Millwork District PUD Conceptual Development Plan as shown in Exhibit B. d. Amendment to the Historic Millwork District PUD Conceptual Plan to allow removal of the vacant building behind 898 Jackson Street (Parcel #10-24- 484-002). 2. Parking Regulations: Off-street parking is not required as part of the Historic Millwork District PUD. Off-street parking spaces may be provided in a building as an accessory use, subject to review and approval under Building, Fire, and other applicable City Codes. If a property owner chooses to provide surface off- street parking within the District PUD, the City Council must first approve the request and the following regulations shall apply: a. Parking Lot design shall comply with the Downtown Design Guidelines for surface parking Lots. b. All vehicle -related features shall be surfaced with standard or permeable asphalt, concrete, or pavers. c. Curbing and proper surface drainage of storm water shall be provided. d. All parking and loading spaces shall be delineated on the surfacing mate- rial by painted stripes or other perma- nent means. e. The size and design of parking spaces shall be governed by applica- ble provisions of the Unified Develop- ment Code enforced at the time of de- velopment of the lot. f. The number, size, design, and location of parking spaces designated for per- sons with disabilities shall be accord- ing to the local, state, or federal re- quirements in effect at the time of de- velopment. 3. Parking Structures: Parking structures (ramps) are allowed in the Historic Mill- work District PUD subject to City Council review and the following standards: a. Parking structures shall comply with the Downtown Design Guidelines for parking facilities. b. The size and design of parking spaces shall be governed by applica- ble provisions of the Unified Develop- ment Code enforced at the time of de- velopment. c. The number, size, design, and loca- tion of parking spaces designated for persons with disabilities shall be ac- cording to the local, state, or federal requirements in effect at the time of development. 4. Site Lighting a. Exterior illumination of site features shall be limited to the illumination of the following: i. Parking areas, driveways and loading facilities. ii. Pedestrian walkway surfaces and entrances to building. iii. Building exterior. b. Location and Design i. All exterior lighting luminaries shall be designed and installed to shield light from the luminaries at angles above 72-degrees from vertical. ii. Fixtures mounted on a building shall not be positioned higher than the roofline of the building. iii. All electrical service lines to posts and fixtures shall be underground and concealed inside the posts. iv. The design of exterior lighting lumi- naries shall comply with the Down- town Design Guidelines for signs. Waiver requests from these guide- lines shall be reviewed by the His- toric Preservation Commission in accordance with the provisions of Article 10 of the Unified Develop- ment Code. 5. Open Space It is the intent of these regulations that the development of open spaces (if provided) shall reflect a high quality of environmental design. The following provisions shall apply. a. Open space plans are required as 148 Regular Session, April 19, 2021 Book 151 part of submittals for site plan review. or expansion of any buildings, free - Such plans are to include type, num- standing signs, or parking facilities. The ber, and size of proposed plantings, Downtown Design Guidelines shall ap- paving and other open space ameni- ply to site development in the District ties. Open space areas shall be de- PUD and shall take precedence overthe signed in compliance with Downtown Design Standards for Big Box Retail Design Guidelines and the Historic Uses (over 100,000 square feet) and the Millwork District Master Plan. Design Standards for Retail Commercial b. Within one (1) year following comple- Uses (over 60,000 square feet) and Re- tion of construction, or by the date that gional Shopping Centers in Article 13 of a building is issued an occupancy cer- the Unified Development Code. tificate by the Building Services De- 10. Retail uses should be clustered partment of the City of Dubuque, around each other and adjacent to pub - whichever occurs first, required open lic spaces, such as at the intersection of space amenities shall be installed. loth and Washington Streets, in the Far- Stormwater Management: The devel- ley and Loetscher and Kirby Buildings oper shall be responsible for providing along 7th Street, and in a highly visible stormwater management in a means commercial corridor at the east edge of that is satisfactory to the City Engineer the District along Elm Street. and consistent with the Historic Millwork 11. Land uses should transition from in - District Master Plan. Sustainable, low dustrial on the south to residential on the impact development techniques for north, with new commercial or mixed- stormwater management approved by use buildings along the new block to be the City Engineer will be used where created by realigning Elm Street in ac- feasible. Other applicable regulations cordance with the Historic Millwork Dis- also enforced by the City Engineer rela- trict Master Plan. tive to stormwater management and E Ordinance History drainage shall apply to the subject prop- 1. 20-10: Established Historic Millwork erty. Planned Unit Development. Exterior Trash Collection Areas 2. 38-13: Amendment for new city parking a. The storage of trash and debris shall Lots on Elm Street between l lth and be limited to that produced by the prin- 12th Streets. cipal permitted use and accessory 3. 10-15: Add Jeld-Wen/Stewart property uses of the Lot. to District. b. All exterior trash collection areas and 4. 75-15: Amendment for new parking lot the materials contained therein shall for Tru Fitness. be visually screened from view. The 5. 19-16: Amendment to include mi- screening shall be completely opaque crobrewery, winery, and distillery as a fence, wall or other feature not ex- conditional use. ceeding a height of 10 feet measured 6. 13-18: Amendment for new City parking from the ground level outside the line lot at 1146 Elm Street. of the screen. Screens built on sloping 7. 30-19: Amendment to allow the removal grades shall be stepped so that their of the quonset but at 902 White Street top line shall be horizontal. All exterior and the installation of a new surface entrances to a screened trash area parking lot at 902 and 990 White St. shall be provided with a gate or door F. Other Codes and Regulations of similar design to that of the screen. 1. Service Lines. All electric, telephone, c. Exterior trash collection areas shall cable, or other similar utility lines serving comply with the Downtown Design the building and other site features shall Guidelines for service areas. be located underground, where feasible. Exterior Storage 2. These regulations do not relieve the a. Exterior storage is allowed in the His- owner from other applicable city, county, toric Millwork PUD District. Exterior state or federal codes, regulations, laws, storage areas shall comply with the and other controls relative to the plan - Downtown Design Guidelines for ser- ning, construction, operation, and man - vice areas. agement of property within the city of b. The use of semi -trailers and/or ship- Dubuque. ping containers for storage is prohib- G. Transfer of Ownership ited. Transfer of ownership or lease of property Final site development plans shall be in the Historic Millwork District PUD shall in - submitted in accordance with provisions clude in the transfer or lease agreement a pro- of Article 12 and Article 13 of the Unified vision that the purchaser or lessee acknowl- Development Code prior to construction edges awareness of the conditions authorizing Book 151 Regular Session, April 19, 2021 149 the establishment of the District PUD. H. Recording A copy of this PUD Ordinance shall be rec- orded, at the expense of the City of Dubuque, with the Dubuque County Recorder as a perma- nent record of the conditions accepted as part of this reclassification approval. This ordinance shall be binding upon the undersigned and his/her heirs, successors, and assigns. Section 2. That the foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. The foregoing amendment shall take effect immediately upon publication as pro- vided by law. Passed, approved, and adopted this 19th day of April 2021. /s/Roy D. Buol, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 23rd day of April 2021. /s/Adrienne N. Breitfelder, City Clerk PUBLIC INPUT Due to the COVID-19 pandemic and man- dates for social distancing, public input was made available through GoToMeeting chat function, City Council and City Clerk email ac- counts. Related to Action Item No. 1, Duane Hagerty, 1100 Main St., President and CEO of Heritage Works, spoke about recent conversa- tions Heritage Works had with the Dream Cen- ter and City Attorney Brumwell, and that the or- ganization supports City Council waiving the readings of the proposed ordinance. Robert Kimble, 2519 Washington St., Executive Direc- tor of the Dream Center, spoke about the sup- port the organization has received from Herit- age Works and the Dream Center Board. ACTION ITEMS 1. Dream Center - Request to Alter Wash- ington Street Neighborhood Conservation Dis- trict Boundaries - Second Reading: City Clerk transmitted correspondence from the Dream Center regarding a request to remove 1620 and 1628 White Street from the Washington Street Neighborhood Conservation District, and City Manager recommending approval. City Clerk transmitted additional correspondence from Heritage Works regarding their support of the City Council choosing to waive the remaining readings approving the Conservation District amendment. 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 sus- pended. Seconded by Roussell. City Council Members expressed appreciation for the Dream Center, Heritage Works, and Steeple Square partnering to identify a solution. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 13-21 Amending Ti- tle 16 of the City of Dubuque Code of Ordi- nances, Unified Development Code, by amend- ing Article 10-8-A-4 pertaining to alteration of the Washington Street Neighborhood Conser- vation District to remove the properties at 1620 and 1628 White Street. Seconded by Roussell. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 13-21 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI- FIED DEVELOPMENT CODE, BY AMENDING ARTICLE 10-8-A-4 PERTAINING TO ALTER- ATION OF THE WASHINGTON STREET NEIGHBORHOOD CONSERVATION DIS- TRICT TO REMOVE THE PROPERTIES AT 1620 AND 1628 WHITE STREET Whereas, the City of Dubuque established conservation districts to allow for the City's re- view of demolition permits that might impact buildings of historic or architectural signifi- cance; and Whereas, the City has identified the Dream Center Facilities and Program as a 2020-2022 Top Priority; and Whereas, the City has identified the Equita- ble Poverty Reduction and Prevention Plan as a 2020-2022 Top Priority; and Whereas, the Equitable Poverty Reduction and Prevention Plan identifies the Dream Cen- ter as a community organization that must be continually reinforced, funded and broadly sup- ported; and Whereas, the City's Council Goals and Pri- orities, Analysis of Impediments to Fair Hous- ing, Equitable Poverty Reduction and Preven- tion Plan, and Imagine Dubuque Comprehen- sive Plan have identified childcare as a priority; and Whereas, there is a need for quality, afford- able, licensed childcare centers in the down- town area; and Whereas, the Dream Center is applying to become a licensed childcare center; and Whereas, a licensed childcare center is re- quired by Chapter 109 of the Iowa Administra- tive Code to have an outdoor program area; and Whereas, becoming a licensed childcare center is an opportunity to create a sustainable source of income and funding for the Dream Center; and Whereas, the properties at 1620 and 1628 White Street are located in the Washington Street Neighborhood Conservation District; and Whereas, the Dream Center has the option to purchase 1620 and 1628 White Street; and Whereas, the Dream Center is requesting 150 Regular Session, April 19, 2021 Book 151 that if it successfully purchases 1620 and 1628 White Street that the properties be removed from the Washington Street Neighborhood Conservation District to accommodate the de- construction of the properties in order to facili- tate construction of an outdoor program area for its licensed childcare center. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, Article 10-8-A-4 is hereby amended as follows: 10-8-A-4 Washington Street Neighbor- hood Conservation District Beginning at the intersection of E. 22nd Street and Kniest Street, thence southeasterly along Kniest Street to its intersection with Gar- field Avenue, thence southwesterly along Gar- field Avenue to its intersection with the City al- ley located between Elm Street and Kniest Street, thence southeasterly along the City alley to its intersection with E. 18th Street, thence southwesterly along E. 18th Street to its inter- section with the City alley located between the Iowa Chicago and Eastern Railroad right-of- way and Elm Street, thence southeasterly along the City alley to its intersection with E. 17th Street, thence northeasterly along E. 17th Street to its intersection with the Iowa Chicago and Eastern Railroad right-of-way, thence south- easterly along the Iowa Chicago and Eastern Railroad right-of-way to its intersection with E. 16th Street, thence southwesterly along E. 16th Street to its intersection with Elm Street, thence southeasterly along Elm Street to its intersec- tion with E. 15th Street, thence northeasterly along E. 15th Street to its intersection with the City alley located between Elm Street and Pine Street, thence southeasterly along the City alley located between Elm Street and Pine Street to its intersection with E. 14th Street, thence south- westerly along E. 14th Street to its intersection with the City alley located between Elm Street and Pine Street, thence southeasterly along the City alley located between Elm Street and Pine Street to its intersection with E. 12th Street, thence southwesterly along E. 12th Street to its intersection with Elm Street, thence southeast- erly along Elm Street to its intersection with E. 11th Street, thence southwesterly along E. 11th Street to its intersection with W. 11th Street, thence southwesterly along W. 11 th Street to its intersection with the City alley located between Central Avenue and Iowa Street; thence north- westerly along the City alley to its intersection with the City Hall access driveway, thence southwesterly along the City Hall access drive- way to its intersection with Iowa Street, thence northwesterly along Iowa Street to its intersec- tion with Loras Boulevard; thence northeasterly along Loras Boulevard to its intersection with the City alley located between Iowa Street and Central Avenue, thence northwesterly along the City alley to its intersection with W. 17th Street, hence northeasterly along W. 17th Street to its intersection with Heeb Street; thence north- westerly along Heeb Street to its intersection with the northern boundary of Parcel #10-24- 252-018; thence northeasterly along the north- ern boundary of Parcel #10-24-252-018 to its intersection with the west boundary of Parcel #10-24-252-017; thence northwesterly along the west boundary of Parcel #10-24-252-017 to its intersection with the south boundary of Par- cel #10-24-252-015, thence northeasterly along the south boundary of Parcel #10-24-252-015 to its intersection with the west boundary of Par- cel #10-24-252-013, thence northwesterly along the west boundary of Parcel #10-24-252- 013 to its intersection with Heeb Street, thence northwesterly along Heeb Street to its intersec- tion with Kaufmann Avenue, thence northeast- erly along Kaufmann Avenue to its intersection with 22nd Street thence northeasterly along 22nd Street to its point of origin at the intersection of E. 22nd Street and Kniest Street excluding the following areas: a. beginning at the intersection of E. 14th Street and Jackson Street, thence southeasterly along Jackson Street to its intersection with E. 13th Street, thence southwesterly along E. 13th Street to its intersection with White Street, thence northwesterly along White Street to its intersection with E. 14th Street, thence northeasterly along E. 14th Street to its point of origin at the intersection of E. 14th Street and Jack- son Street. b. The southerly 17 feet 8 inches of the northerly 40 feet of south middle one - fifth of City Lot 485 in the City of Dubu- que, Iowa, according to the United States Commissioners' Map of Town of Dubuque, Iowa; and The Northerly 22 feet and 4 inches of the South Mid- dle 1/5 of City Lot 485 in the City of Dubuque, Iowa, according to the United States Commissioners' Map of Town of Dubuque, Iowa. Section 2. This ordinance shall not apply to an application for a demolition permit for prop- erties being acquired and demolished for the Bee Branch Creek Restoration Project. Section 3. This ordinance shall only take ef- fect upon submission of proof from the Dream Center that the Dream Center has acquired ownership of 1620 and 1628 White Street to the City Clerk. Section 4. Upon showing proof of Dream Center ownership, the ordinance will immedi- ately be submitted for publication, as provided by law. Book 151 Regular Session, April 19, 2021 151 Section 5. The ordinance will become effec- tive upon publication. Passed, approved, and adopted this 19th day of April, 2021. /s/Roy D. Buol, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 141h day of May 2021. /s/Adrienne N. Breitfelder, City Clerk 2. Radio Dubuque Fireworks Request 2021: Correspondence from Perry Mason, General Manager for Radio Dubuque, requesting ap- proval to conduct a fireworks display on Satur- day, July 3, 2021 from 9:00 p.m. to 10:30 p.m. on Volunteer Road between Hawthorne Street and Lime Street in conjunction with the closure of indicated streets and A.Y. McDonald Park as part of a special events request. The rain date is Sunday, July 4, 2021. Motion by Cavanagh to receive and file the documents and approve the request. Seconded by Resnick. City Council stated that public health protocols will continue to be followed at the event. Motion carried 7-0. 3. Dubuque Golf and Country Club Fire- works Request 2021: Correspondence from Dubuque Golf and Country Club requesting ap- proval to conduct a fireworks display on Sun- day, July 4, 2021, at about 9:30 p.m. on the Dubuque Golf and Country Club grounds with a rain date of Monday, July 5, 2021. Motion by Roussell to receive and file the documents and approve the request. Seconded by Jones. City Council reiterated the statements made for Ac- tion Item No. 2. Motion carried 7-0. 4. Amending the Tax Increment Ordinance 02-21 for the North Grandview Estates Housing Urban Renewal Area: City Manager recom- mended City Council approval of an ordinance amending Ordinance 02-21 for the North Grandview Estates Urban Renewal Area. Mo- tion by Cavanagh to receive and file the docu- ments and that the requirement that a proposed ordinance be considered and voted on for pas- sage at two Council meetings prior to the meet- ing at which it is to be passed be suspended. Seconded by Farber. Motion carried 7-0. Motion by Cavanagh for final consideration and passage of Ordinance No. 14-21 Amending Ordinance No. 2-21, providing that General Property Taxes levied and collected each year on all property located within the North Grandview Estates Housing Urban Renewal Area, in the City of Dubuque, County of Dubu- que, State of Iowa, by and for the benefit of the State of Iowa, City of Dubuque, County of Dubuque, Dubuque Community School District and other Taxing Districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said City in connection with said North Grandview Estates Housing Urban Renewal Area. Seconded by Resnick. Motion carried 7- 0. OFFICIAL PUBLICATION ORDINANCE NO. 14-21 AMENDING ORDINANCE NO. 2-21, PROVID- ING THAT GENERAL PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR ON ALL PROPERTY LOCATED WITHIN THE NORTH GRANDVIEW ESTATES HOUSING URBAN RENEWAL AREA, IN THE CITY OF DUBUQUE, COUNTY OF DUBUQUE, STATE OF IOWA, BY AND FOR THE BENEFIT OF THE STATE OF IOWA, CITY OF DUBUQUE, COUNTY OF DUBUQUE, DUBUQUE COM- MUNITY SCHOOL DISTRICT AND OTHER TAXING DISTRICTS, BE PAID TO A SPE- CIAL FUND FOR PAYMENT OF PRINCIPAL AND INTEREST ON LOANS, MONIES AD- VANCED TO AND INDEBTEDNESS, IN- CLUDING BONDS ISSUED OR TO BE IS- SUED, INCURRED BY SAID CITY IN CON- NECTION WITH SAID NORTH GRANDVIEW ESTATES HOUSING URBAN RENEWAL AREA Whereas, the City Council of the City of Dubuque, Iowa, has heretofore, in Ordinance No. 2-21, provided for the division of taxes pur- suant to Section 403.19 of the Code of Iowa within the North Grandview Estates Housing Urban Renewal Area described in Resolution No. 28-21 adopted February 1, 2021; and Whereas, the Urban Renewal Plan for the North Grandview Estates Housing Urban Re- newal Area has been amended pursuant to Resolution No. 124-21 on April 19, 2021; and Whereas, expenditures and indebtedness are anticipated to be incurred by the City of Dubuque, Iowa in the future to finance urban re- newal project activities carried out in further- ance of the objectives of the Amended and Re- stated Urban Renewal Plan and the future needs for redevelopment within the Amended Urban Renewal Area are such as to require the application of the incremental tax resources of the Urban Renewal Area; and Whereas, the City Council of the City of Dubuque, Iowa desires to provide for the divi- sion of revenue from taxation in the Amended Urban Renewal Area, as above described, in accordance with the provisions of Section 403.19 of the Code of Iowa, as amended, and the Urban Renewal Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. For purposes of this Ordinance, the following terms have the following mean- ings: a. Urban Renewal Project Area shall in- clude that area described as follows: 152 Regular Session, April 19, 2021 Book 151 Lot 1 of North Grandview Place; and Lot 1 of North Grandview Estates; and Lot A and Lots 1 thru 34, inclusive, of North Grandview Estates No. 2; and Lot 1 of North Grandview Estates No. 3; and Lot 1 of North Grandview Estates No. 4; and Lots 1-2 and 2-2 of North Grandview Es- tates No. 4; and Lot A of Lot B of Sullivan's 2nd Addition; and All that part of the Right of Way of North Grandview Avenue lying south the of the South- erly right of way line of West 32nd Street and ly- ing north of the easterly extension of the south line of Lot 1 of North Grandview Place; and All that part of the right of way of West 32nd Street lying east of the northerly extension of the west line of Lot 37 of North Grandview Es- tates No. 2 and lying southwest of the northerly extension of the east line of Lot A of Lot B of Sullivan's 2nd Addition. All in the City of Dubuque, Iowa b. Urban Renewal Plan shall mean the Urban Renewal Plan for the North Grandview Estates Housing Urban Re- newal Area, approved by Resolution No. 28-21 on February 1, 2021, and thereafter amended and restated by Resolution No. 124-21 adopted April 19, 2021, as the same may be amended from time to time. Section 2. That the taxes levied on the tax- able property in the Urban Renewal Area, le- gally described in Section 1 hereof, by and for the benefit of the State of Iowa, City of Dubu- que, County of Dubuque, Dubuque Community School District, and all other taxing districts from and after the effective date of this Ordi- nance shall be divided as hereinafter in this Or- dinance provided. Section 3. That portion of the taxes which would be produced by the rate at which the tax is levied each year by or for each of the taxing districts upon the total sum of the assessed value of the taxable property in the Urban Re- newal Area, as shown on the assessment roll as of January 1, 2020, being January 1 of the calendar year preceding the first calendar year in which the City of Dubuque is expected to cer- tify to the County Auditor the amount of loans, advances, indebtedness, or bonds payable from the division of property tax revenue de- scribed herein, shall be allocated to and when collected be paid into the fund for the respective taxing district as taxes by or for the taxing dis- trict into which all other property taxes are paid. The taxes so determined shall be referred to herein as the "base period taxes" for such Ur- ban Renewal Area. Section 4. That portion of the taxes each year in excess of the base period taxes deter- mined for the Urban Renewal Area as provided in Section 3 of this Ordinance shall be allocated to and when collected be paid into a special tax increment fund of the City of Dubuque, Iowa hereby established, to pay the principal of and interest on loans, monies advanced to, indebt- edness, whether funded, refunded, assumed or otherwise, including bonds or obligations is- sued under the authority of Section 403.9 or 403.12 of the Code of Iowa, as amended, in- curred by the City of Dubuque, Iowa, to finance or refinance, in whole or in part, urban renewal projects undertaken within the Urban Renewal Area pursuant to the Urban Renewal Plan, ex- cept that (i) taxes for the regular and voter -ap- proved physical plant and equipment levy of a school district imposed pursuant to Iowa Code Section 298.2 and taxes for the instructional support program of a school district imposed pursuant to Iowa Code Section 257.19 (but in each case only to the extent required under Iowa Code Section 403.19(2)); (ii) taxes for the payment of bonds and interest of each taxing district; (iii) taxes imposed under Iowa Code Section 346.27(22) related to joint county -city buildings; and (iv) any other exceptions de- scribed in Section 403.19 shall be collected against all taxable property within the Urban Renewal Project Area without any limitation as hereinabove provided. Section 5. Unless or until the total assessed valuation of the taxable property in the Urban Renewal Project Area exceeds the total as- sessed value of the taxable property in the Ur- ban Renewal Area as shown by the assess- ment rolls referred to in Section 3 of this Ordi- nance, all of the taxes levied and collected upon the taxable property in the Urban Renewal Area shall be paid into the funds for the respective taxing districts as taxes by or for said taxing dis- tricts in the same manner as all other property taxes. Section 6. At such time as the loans, ad- vances, indebtedness, bonds and interest thereon of the City of Dubuque, Iowa referred to in Section 4 hereof have been paid, all monies thereafter received from taxes upon the taxable property in the Urban Renewal Area shall be paid into the funds for the respective taxing dis- tricts in the same manner as taxes on all other property. Section 7. All ordinances or parts of ordi- nances in conflict with the provisions of this Or- dinance are hereby repealed. The provisions of this Ordinance are intended and shall be con- strued so as to fully implement the division of taxes from taxable property in the Urban Re- newal Area under the provisions of Section 403.19 of the Code of Iowa. In the event that any provision of this Ordinance shall be deter- mined to be contrary to law it shall not affect other provisions or application of this Ordinance which shall at all times be construed to fully in- voke the provisions of Section 403.19 of the Book 151 Regular Session, April 19, 2021 153 Code of Iowa with reference to the Urban Re- newal Area and the territory contained therein. Section 8. This Ordinance shall be in effect after its final passage, approval and publication as provided by law. Passed and approved this 19th day of April 2021. /s/Roy D. Buol, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 23rd day of April 2021. /s/Adrienne N. Breitfelder, City Clerk 5. Amending a Tax Increment Ordinance for the Dubuque Industrial Center Economic De- velopment District, as Amended by Version 2018.3 of the Amended and Restated Plan: City Manager recommended City Council adoption of an ordinance amending Ordinance 45-18 of the Dubuque Industrial Center Economic De- velopment District as the District's boundaries were amended by Version 2021.1 of the Amended and Restated Urban Renewal Plan. Motion by Jones to receive and file the docu- ments and that the requirement that a proposed ordinance be considered and voted on for pas- sage at two Council meetings prior to the meet- ing at which it is to be passed be suspended. Seconded by Sprank. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 15-21 Amending Or- dinance No. 45-18, previously amended, providing that General Property Taxes levied and collected each year on all property located within the Amended and Restated Dubuque In- dustrial Center Economic Development District Urban Renewal Area of the City of Dubuque, County of Dubuque, State of Iowa, by and for the benefit of the State of Iowa, City of Dubu- que, County of Dubuque, Dubuque Community School District, and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said City in connection with the Amended and Restated Dubuque Industrial Center Economic Development District Urban Renewal Redevelopment Project. Seconded by Sprank. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 15-21 AMENDING ORDINANCE NO. 45-18, PREVI- OUSLY AMENDED, PROVIDING THAT GEN- ERAL PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR ON ALL PROP- ERTY LOCATED WITHIN THE AMENDED AND RESTATED DUBUQUE INDUSTRIAL CENTER ECONOMIC DEVELOPMENT DIS- TRICT URBAN RENEWAL AREA OF THE CITY OF DUBUQUE, COUNTY OF DUBU- QUE, STATE OF IOWA, BY AND FOR THE BENEFIT OF THE STATE OF IOWA, CITY OF DUBUQUE, COUNTY OF DUBUQUE, DUBU- QUE COMMUNITY SCHOOL DISTRICT, AND OTHER TAXING DISTRICTS, BE PAID TO A SPECIAL FUND FOR PAYMENT OF PRINCI- PAL AND INTEREST ON LOANS, MONIES ADVANCED TO AND INDEBTEDNESS, IN- CLUDING BONDS ISSUED OR TO BE IS- SUED, INCURRED BY SAID CITY IN CON- NECTION WITH THE AMENDED AND RE- STATED DUBUQUE INDUSTRIAL CENTER ECONOMIC DEVELOPMENT DISTRICT UR- BAN RENEWAL REDEVELOPMENT PRO- JECT Whereas, the Amended and Restated Ur- ban Renewal Plan for the Dubuque Industrial Center Economic Development District (the "District") described in Resolution No. 130-88 was adopted on May 2, 1988 and was thereaf- ter amended and restated by Resolution No. 484-90 on December 17, 1990, Resolution No. 142-97 on April 7, 1997, Resolution No. 478-97 on November 17, 1997, Resolution No. 15-08 on January 7, 2008, Resolution No. 101-08 on March 17, 2008, Resolution No. 109-08 on April 7, 2008, Resolution No. 87-11 on March 7, 2011, Resolution No. 171-13 on June 3, 2013, Resolution No. 197-15 on June 1, 2015, Reso- lution No. 309-15 on September 8, 2015, Res- olution No. 132-16 on September 19, 2016, Resolution No. 157-18 and Resolution No. 158- 18 on May 21, 2018, Resolution 380-18 on De- cember 17, 2018, and Resolution 125-21 on April 19, 2021 (as amended and restated, the "Urban Renewal Plan" or "Amended and Re- stated Urban Renewal Plan"); and Whereas, the City Council of the City of Dubuque, Iowa originally provided for the divi- sion of taxes pursuant to Section 403.19 of the Code of Iowa within the District in Ordinance No. 26-88 passed and approved on May 2, 1988 and thereafter amended and restated by Ordinance No. 63-88 on December 5, 1988, by Ordinance No. 66-97 on November 17, 1997, by Ordinance No. 70-08 on October 20, 2008, by Ordinance No. 10-14 on February 3, 2014, by Ordinance No. 39-15 on June 1, 2015, by Ordinance No. 55-15 on September 8, 2015, by Ordinance No. 49-16 on September 19, 2016, Ordinance 18-18 on May 21, 2018, and by Or- dinance 45-18 on December 17, 2018; and Whereas, indebtedness has been incurred by the City, and additional indebtedness is an- ticipated to be incurred in the future, to finance urban renewal project activities within the Dis- trict, and the continuing needs of redevelop- ment within the District are such as to require the continued application of the incremental tax resources of the District; and Whereas, the following enactment is neces- sary to accomplish the objectives described in the premises. NOW, THEREFORE, BE IT ORDAINED BY 154 Regular Session, April 19, 2021 Book 151 THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA, THAT: Ordinance Number 45-18 is hereby amended to read as follows: Section 1: For purposes of this Ordinance, the following terms shall have the following meanings: (a) Original Project Area means that por- tion of the City of Dubuque, Iowa described in the Urban Renewal Plan for the District approved by Resolution No. 130-88 on May 2, 1988, and subsequently amended by Resolution No. 484-90 on December 17, 1990, which Original Project Area includes the Lots and parcels located within the area now legally described as follows: All of Dubuque Industrial Center Eighth Addition; and All of Lot 1 Dubuque Industrial Center 13th addition; and Lot 2 Dubuque Industrial Center 13th Ad- dition; and Lot 1-2-2 Dubuque Industrial Center Fifth Addition; and Lot 1 Dubuque Industrial Center Fifth Addition; and Lot 1 Dubuque Industrial Center 11 th Ad- dition; and Lot 1 of 2 of Dubuque Industrial Center Fifth Addition; and Lot 1 of 2 of Dubuque Industrial Center Fifth Addition; and Lot 1-3 Dubuque Industrial Center 12th Addition; and Lot 1 of Lot 3 of final plat of Lot 1 of Dubuque Industrial Center First Addition; and Lot 1 Dubuque Industrial Center 10th Ad- dition; and Lot 2-3 Dubuque Industrial Center 121h addition; and Lots 1 and 2 of final plat of Lot 1 of Dubu- que Industrial Center First Addition; and Lot 1 Dubuque Industrial Center 12th Ad- dition; and Lot 2 Dubuque Industrial Center Ninth Addition; and Lot 2 Dubuque Industrial Center 12th Ad- dition; and Lot 2-2 Dubuque Industrial Center Sixth Addition; and Lot 3 Dubuque Industrial Center Ninth Addition; and Lot 1 Dubuque Industrial Center Sixth Addition; and Lot 2 of 2 Dubuque Industrial Center 7th Addition; and Lot 2-1 Walter Addition; and Lot 2-1 Walter Addition; and And all adjoining public right-of-way, all in the City of Dubuque, Dubuque County, Iowa. The Original Project Area is referred to as "Subarea A" in the Urban Renewal Plan hereinafter described. (b) Subarea B means that portion of the City of Dubuque, Iowa described as Sub- area B in the Amended and Restated Urban Renewal Plan for the District approved by Resolution No. 478-97 on November 17, 1997, and subsequently amended by Reso- lution No. 15-08 on January 7, 2008, and Resolution No. 125-21 on April 19, 2021, which Subarea B includes the Lots and par- cels located within the area legally de- scribed as follows: Lots 1, 3, 4, 1 of 5, 6 and H of Dubuque Industrial Center West as originally plat- ted; and Lots 1, 2, 3, 4, 5, 6, 7, 8, and C of Dubuque Industrial Center West 2nd Addi- tion as originally platted; and Lots 1, 2, 3, 4, B, and C of Dubuque Industrial Center West 4th Addition as orig- inally platted; and Lots 1 of 1, 1 of 2, 2 of 2, 1 of 3, 2 of 3, 1 of 5, A, C, and D of Dubuque Industrial Center West 5th Addition as originally plat- ted; and Lots 1, and A of Dubuque Industrial Center West 6th Addition as originally plat- ted; and Lots 1, 1 of 2, and 2 of 2 of Dubuque Industrial Center West 7th Addition as orig- inally platted; and Lot 2 of 1 of the Southwest Quarter of the Southwest Quarter and Lot 2 of 1 of the Southeast Quarter of the Southwest Quarter all in Section 30, Township 89 North, Range 2 East, 5th P.M. as originally platted; and and all that part of a 100-foot-wide strip of the Chicago Central Pacific Rail- road right-of-way lying in the SE 1/4 of Section 30, the SE 1/4 of the SW 1/4 of Section 30, the NW 1/4 of Section 31, and the NE 1/4 of Section 31 all in T89N, R2E, of the 5th P.M. Dubuque County, Iowa, the centerline of which is more particularly de- scribed as follows: beginning at a point of intersection with the easterly line of the SE 1/4 of Section 30, T89N, R2E, of the 5th P.M., thence southwesterly continuing along the centerline of said railroad 2,700 feet, more or less a point of intersection with the westerly line of the SE 1/4 of said Section 30; thence southwesterly continu- ing along said centerline 845 feet, more or less, to a point where the railroad right-of- way widens to 200 feet, said point being the terminus of this description; and all that part of a 100-foot-wide strip of the Chicago Central Pacific Railroad right- of-way lying in the Balance of Lot 1 of 1 of the Southwest Quarter of the Southwest Quarter in Section 29, Township 89 North, Book 151 Regular Session, April 19, 2021 155 Range 2 East, 511 P.M.; and any adjoining public street right-of-way all in the City of Dubuque, Dubuque County, Iowa. (c) Subarea C means that portion of the City of Dubuque, Iowa described as Sub- area C in the Amended and Restated Urban Renewal Plan for the District approved by Resolution No. 101-08 on March 17, 2008, which Subarea C includes the Lots and par- cels located within the area legally de- scribed as follows: Lots 1 and 2 of Dubuque Industrial Center North Second Addition; and Lots 2, 3, C and A of Dubuque Indus- trial Center North First Addition, excepting that Part of said Lot A originally platted as Lot 2 of the SW 1/4 of the NW 1/4 of Sec. 30, T89N, R2E of the 51h PM; and and any adjoining public street right- of-way, all in the City of Dubuque, Dubu- que County, Iowa, EXCEPT those Lots and parcels in- cluded in Subarea K. (d) Subarea D means that portion of the City of Dubuque, Iowa described as Sub- area D in the Amended and Restated Urban Renewal Plan for the District approved by Resolution No. 109-08 on April 7, 2008, which Subarea D includes the Lots and par- cels located within the area legally de- scribed as follows: Lots 1, 2, and B and all of the right of way of Chavenelle Court in Dubuque In- dustrial Center West 8th Addition in the City of Dubuque, Dubuque County, Iowa. (e) Subarea E means that portion of the City of Dubuque, Iowa described as Sub- area E in the Amended and Restated Urban Renewal Plan for the District approved by Resolution No. 87-11 on March 7, 2011, which Subarea E includes the Lots and par- cels located within the area legally de- scribed as follows: All of Lot 1 of 1 and Lot 1 of 2 of the South Fork Subdivision No. 1 as originally platted, including any adjoining public street right-of-way to said Lots, all in the City of Dubuque, Dubuque County, Iowa, and All of Seippel Road right of way from the north boundary line of Lot 1 of 1 of South Fork Subdivision No. 1 in the City of Dubuque, to the south boundary lines of Lot H of Dubuque Industrial Center West and Lot 1 of Dubuque Industrial Center West 2nd Addition in the City of Dubuque, Dubuque County, Iowa, including cross- ings at the intersections of Old Highway Road and Chicago Central and Pacific Railroad rights -of -way. (f) Subarea F means that portion of the City of Dubuque, Iowa, and Dubuque County described as Subarea F in the Amended and Restated Urban Renewal Plan for the District approved by Resolution No. 197-15 on June 1, 2015, which Subarea F includes the Lots and parcels located within the area legally described as follows: Lot one (1) of Graf Farm Subdivision #2, Dubuque County, Iowa, according to the recorded plat thereof; Lot 1 of Lot 1 of Lot 1 of Lot 1 of West One-half of Northeast One -quarter, Sec- tion 25, Township 89 North, Range 1 East of the 5th P.M., in Center Township, Dubuque County, Iowa; Lot 2 in "W.A. Norman Place" in Sec- tion 25, Center Township, Dubuque County, Iowa, according to the plat thereof; and The NW 1/4 of the SE 1/4 of Section 25, Township 89 North, Range 1 East of the 5th P.M., in Center Township, Dubu- que County, Iowa. (g) Subarea G means that portion of the City of Dubuque, Iowa, and Dubuque County described as Subarea G in the Amended and Restated Urban Renewal Plan for the District approved by Resolution No. 309-15 on September 8, 2015, which Subarea G includes the Lots and parcels lo- cated within the area legally described as follows: The South one-half of the Northwest Quarter of Section 29, Township 89 North, Range 2 East of the 5th P.M., in the City of Dubuque, Iowa. Lot 1 of Lot 1 of the Northwest Quarter of the Northwest Quarter of Section 29, Township 89 North, Range 2 East of the 5th P.M., in the City of Dubuque, Iowa. Lot 2 of McFadden Farm Place #2, in the City of Dubuque, Iowa. Lot 2 of McFadden Farm Place, in the City of Dubuque, Iowa. Lot A of Lot 1 of 1 of the Southwest Quarter of the Southwest Quarter of Sec- tion 29, Township 89 North, Range 2 East of the 5th P.M., in the City of Dubuque, Iowa. Lot A of Lot 1 of 1 of the Northwest Quarter of the Southwest Quarter of Sec- tion 29, Township 89 North, Range 2 East of the 5th P.M., in the City of Dubuque, Iowa. All in the City of Dubuque, Dubuque County, Iowa. (h) Subarea H means that portion of the City of Dubuque, Iowa, and Dubuque County described as Subarea H in the Amended and Restated Urban Renewal Plan for the District approved by Resolution No. 332-16 on September 19, 2016, which Subarea H includes the Lots and parcels lo- cated within the area legally described as 156 Regular Session, April 19, 2021 Book 151 follows: Lot 1 of the Northeast '/4 of the Northeast'/4, and Lot 2 of Lot 1 of Lot 1 of Lot 2 of the Northeast'/4 of the North- east '/4, of Section 30, in Township 89 North, Range 2 East of the 5t" P.M., in the City of Dubuque, Iowa. (i) Subarea I means that portion of the City of Dubuque, Iowa, and Dubuque County described as Subarea I in the Amended and Restated Urban Renewal Plan for the District approved by Resolution No. 332-16 on September 19, 2016, which Subarea I includes the Lots and parcels lo- cated within the area legally described as follows: Lot 2 Seippel Road Place #2, Dubu- que County, Iowa. Lot 2-1-1 of the Southeast Quarter of the Southeast Quarter of Section 25, Township 89 North, Range 2 East of the 5th P.M., Dubuque County, Iowa 0) Subarea J means that portion of the City of Dubuque, Iowa, and Dubuque County described as Subarea J in the Amended and Restated Urban Renewal Plan for the District approved by Resolution No. 332-16 on September 19, 2016, which Subarea J includes the Lots and parcels lo- cated within the area legally described as follows: Lot 2 Julien Care Place, Dubuque County, Iowa. Lot 3 Julien Care Place, Dubuque County, Iowa Lot 2-1 Julien Care Place, Dubuque County, Iowa (k) Subarea K means that portion of the City of Dubuque, Iowa, removed from Sub- area C of the District by Version 2018.1 of the Amended and Restated Plan for the Dis- trict approved by Resolution No. 157-18, and added to the District by Version 2018.2 of the Amended and Restated Plan for the District approved by Resolution No. 158-18 as Subarea K, all on May 21, 2018, which Subarea K includes the Lots and parcels lo- cated within the area legally described as follows: Lot 1 of Dubuque Industrial Center North Third Addition, in the City of Dubu- que, Iowa. (1) Subarea L means that portion of the City of Dubuque, Iowa described as Sub- area L in the Amended and Restated Urban Renewal Plan for the District approved by Resolution 380-18 on December 17, 2018, which Subarea L includes the Lots and par- cels located within the area legally de- scribed as follows: Lot 1 of Loretta Bahl's Homestead, in the City of Dubuque, Iowa, comprised of Lot 1 of the West 30 Acres of the South- west '/4 of the Southeast '/4, Section 19, Township 89 North, Range 2 East of the 5t" P.M. all in the City of Dubuque, Dubu- que County, Iowa. (m) Subarea M means that portion of the City of Dubuque, Iowa described as Sub- area M in the Amended and Restated Urban Renewal Plan for the District approved by Resolution 380-18 on December 17, 2018, which Subarea M includes the Lots and par- cels located within the area legally de- scribed as follows: Lot 2 of the Subdivision of Lot 2 of the Northeast'/4 of the Northeast'/4 of Section 30, Township 89 North, Range 2 East of the 5th P.M. all in the City of Dubuque, Dubuque County, Iowa. (n) Amended Project Area means that portion of the City of Dubuque, Iowa and Dubuque County included within the Origi- nal Project Area, Subarea B, Subarea C, Subarea D, Subarea E, Subarea F, Sub- area G, Subarea H, Subarea I, Subarea J, Subarea K, Subarea L, and Subarea M each as described in this Section. Section 2: The taxes levied on the taxable property in the Amended Project Area, and each subarea thereof, legally described in Sec- tion 1 hereof, by and for the benefit of the State of Iowa, City of Dubuque, County of Dubuque, Dubuque Community School District, and all other taxing districts from and after the effective date of this Ordinance shall be divided as here- inafter in this Ordinance provided. Section 3: As to the Original Project Area, that portion of the taxes which would be pro- duced by the rate at which the tax is levied each year by or for each of the taxing districts taxing property in the Original Project Area upon the total sum of the assessed value of the taxable property in the Original Project Area as shown on the assessment roll as of January 1, 1987, being the first day of the calendar year preced- ing the effective date of Ordinance No. 26-88, shall be allocated to and when collected be paid into the fund for the respective taxing district as taxes by or for said taxing district into which all other property taxes are paid. The taxes so de- termined shall be referred herein as the "base period taxes" for such Subarea. As to Subarea B, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 1996, being the assessment roll applicable to property in such Subarea as of January 1 of the calendar year preceding the effective date of Ordinance No. 66-97. As to Subarea C (except the Lots and par- cels now forming Subarea K), base period taxes shall be computed in the same manner using the total assessed value shown on the as- sessment roll as of January 1, 2007, being the Book 151 Regular Session, April 19, 2021 157 assessment roll applicable to property in such subarea as of January 1 of the calendar year preceding the effective date of Ordinance No. 70-08, and base values shall be reduced due to the removal of area from Subarea C. As to Subarea D, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 2007, being the assessment roll applicable to property in such subarea as of January 1 of the calendar year preceding the effective date of Ordinance No. 70-08. As to Subarea E, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 2013, being the assessment roll applicable to property in such subarea as of January 1 of the calendar year preceding the effective date of Ordinance No. 10-14. As to Subarea F, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 2014, being the assessment roll applicable to property in such subarea as of January 1 of the calendar year preceding the effective date of Ordinance No. 39-15. As to Subarea G, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 2014, being the assessment roll applicable to property in such subarea as of January 1 of the calendar year preceding the effective date of Ordinance No. 55-15. As to Subarea H, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 2015, being the assessment roll applicable to property in such subarea as of January 1 of the calendar year preceding the effective date of Ordinance No. 49-16. As to Subarea I, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 2015, being the assessment roll applicable to property in such subarea as of January 1 of the calendar year preceding the effective date of Ordinance No. 49-16. As to Subarea J, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 2015, being the assessment roll applicable to property in such subarea as of January 1 of the calendar year preceding the effective date of Ordinance No. 49-16. As to Subarea K, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 2017, being the assessment roll applicable to property in such subarea as of January 1 of the calendar year preceding the effective date of Ordinance No. 18-18. As to Subarea L, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 2017, being the assessment roll applicable to property in such subarea as of January 1 of the calendar year preceding the effective date of Ordinance No. 45-18. As to Subarea M, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 2017, being the assessment roll applicable to property in such subarea as of January 1 of the calendar year preceding the effective date of Ordinance No. 45-18. Section 4: That portion of the taxes each year in excess of the base period taxes for the Amended Project Area, determined for each sub -area thereof as provided in Section 3 of this Ordinance, shall be allocated to and when col- lected be paid into the special tax increment fund previously established by the City of Dubu- que to pay the principal of and interest on loans, monies advanced to, or indebtedness, whether funded, refunded, assumed or otherwise, in- cluding bonds issued under authority of Section 403.9 or Section 403.12 of the Code of Iowa, incurred by the City of Dubuque, Iowa to finance or refinance, in whole or in part, urban renewal projects undertaken within the Amended Pro- ject Area pursuant to the Urban Renewal Plan, except that taxes for the regular and voter -ap- proved physical plant and equipment levy of a school district imposed pursuant to Section 298.2 of the Code of Iowa and taxes for the in- structional support program of a school district imposed pursuant to Section 257.19 (but in each case only to the extent required under Section 403.19(2)), taxes for the payment of bonds and interest of each taxing district, and taxes imposed under Section 346.77 (22) re- lated to joint county -city buildings, shall be col- lected against all taxable property within the Amended Project Area without any limitation as hereinabove provided. Section 5: Unless or until the total assessed valuation of the taxable property in the subar- eas of the Amended Project Area exceeds the total assessed value of the taxable property in said subareas shown by the assessment rolls referred to in Section 3 of this Ordinance, all of the taxes levied and collected upon the taxable property in the Amended Project Area shall be paid into the funds for the respective taxing dis- tricts as taxes by or for the taxing districts in the same manner as all other property taxes. Section 6: At such time as the loans, monies advanced, bonds and interest thereon and in- debtedness of the City of Dubuque referred to in Section 4 hereof have been paid, all monies thereafter received from taxes upon the taxable property in the Amended Project Area shall be paid into the funds for the respective taxing dis- tricts in the same manner as taxes on all other property. 158 Regular Session, April 19, 2021 Book 151 Section 7: All ordinances or parts of ordi- nances in conflict with the provisions of this Or- dinance are hereby repealed. The provisions of this Ordinance are intended and shall be con- strued so as to continue the division of taxes from taxable property in the Amended Project Area under the provisions of Section 403.19 of the Code of Iowa, as authorized in Ordinance No. 18-18. In the event that any provision of this Ordinance shall be determined to be contrary to law it shall not affect other provisions or appli- cation of this Ordinance which shall at all times be construed to fully invoke the provisions of Section 403.19 of the Code of Iowa with refer- ence to the Amended Project Area and the sub- areas contained therein. Section 8: This Ordinance shall be in effect after its final passage, approval and publication as provided by law. Passed, approved, and adopted this 19'h day of April 2021. /s/Roy D. Buol, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 23rd day of April 2021. /s/Adrienne N. Breitfelder, City Clerk 6. Amending a Tax Increment Ordinance for the Dubuque Industrial Center Economic De- velopment District, as Amended by Version 2021.2 of the Amended and Restated Plan: City Manager recommended City Council adoption of an ordinance amending the most recent Or- dinance for the Dubuque Industrial Center Eco- nomic Development District as the District's boundaries were amended by Version 2021.2 of the Amended and Restated Urban Renewal Plan. Motion by Cavanagh to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be sus- pended. Seconded by Resnick. Motion carried 7-0. Motion by Cavanagh for final consideration and passage of Ordinance No. 16-21 Amending Ordinance No. 15-21, previously Amended, providing that General Property Taxes levied and collected each year on all property located within the Amended and Restated Dubuque In- dustrial Center Economic Development District Urban Renewal Area of the City Of Dubuque, County of Dubuque, State of Iowa, by and for the benefit of the State of Iowa, City of Dubu- que, County of Dubuque, Dubuque Community School District, and other Taxing Districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said City in connection with the Amended and Restated Dubuque Industrial Center Economic Development District Urban Renewal Redevelopment Project. Seconded by Resnick. Motion carried 7-0. Book 151 Regular Session, April 19, 2021 159 OFFICIAL PUBLICATION ORDINANCE NO. 16-21 AMENDING ORDINANCE NO. 15-21, PREVI- OUSLY AMENDED, PROVIDING THAT GEN- ERAL PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR ON ALL PROP- ERTY LOCATED WITHIN THE AMENDED AND RESTATED DUBUQUE INDUSTRIAL CENTER ECONOMIC DEVELOPMENT DIS- TRICT URBAN RENEWAL AREA OF THE CITY OF DUBUQUE, COUNTY OF DUBU- QUE, STATE OF IOWA, BY AND FOR THE BENEFIT OF THE STATE OF IOWA, CITY OF DUBUQUE, COUNTY OF DUBUQUE, DUBU- QUE COMMUNITY SCHOOL DISTRICT, AND OTHER TAXING DISTRICTS, BE PAID TO A SPECIAL FUND FOR PAYMENT OF PRINCI- PAL AND INTEREST ON LOANS, MONIES ADVANCED TO AND INDEBTEDNESS, IN- CLUDING BONDS ISSUED OR TO BE IS- SUED, INCURRED BY SAID CITY IN CON- NECTION WITH THE AMENDED AND RE- STATED DUBUQUE INDUSTRIAL CENTER ECONOMIC DEVELOPMENT DISTRICT UR- BAN RENEWAL REDEVELOPMENT PRO- JECT Whereas, the Amended and Restated Ur- ban Renewal Plan for the Dubuque Industrial Center Economic Development District (the "District") described in Resolution No. 130-88 was adopted on May 2, 1988 and was thereaf- ter amended and restated by Resolution No. 484-90 on December 17, 1990, Resolution No. 142-97 on April 7, 1997, Resolution No. 478-97 on November 17, 1997, Resolution No. 15-08 on January 7, 2008, Resolution No. 101-08 on March 17, 2008, Resolution No. 109-08 on April 7, 2008, Resolution No. 87-11 on March 7, 2011, Resolution No. 171-13 on June 3, 2013, Resolution No. 197-15 on June 1, 2015, Reso- lution No. 309-15 on September 8, 2015, Res- olution No. 132-16 on September 19, 2016, Resolution No. 157-18 and Resolution No. 158- 18 on May 21, 2018, Resolution 380-18 on De- cember 17, 2018, and Resolution 125-21 and Resolution 126-21 on April 19, 2021 (as amended and restated, the "Urban Renewal Plan" or "Amended and Restated Urban Re- newal Plan"); and Whereas, the City Council of the City of Dubuque, Iowa originally provided for the divi- sion of taxes pursuant to Section 403.19 of the Code of Iowa within the District in Ordinance No. 26-88 passed and approved on May 2, 1988 and thereafter amended and restated by Ordinance No. 63-88 on December 5, 1988, by Ordinance No. 66-97 on November 17, 1997, by Ordinance No. 70-08 on October 20, 2008, by Ordinance No. 10-14 on February 3, 2014, by Ordinance No. 39-15 on June 1, 2015, by Ordinance No. 55-15 on September 8, 2015, by Ordinance No. 49-16 on September 19, 2016, Ordinance 18-18 on May 21, 2018, by Ordi- nance 45-18 on December 17, 2018, and by Or- dinance 15-21 on April 19, 2021; and Whereas, indebtedness has been incurred by the City, and additional indebtedness is an- ticipated to be incurred in the future, to finance urban renewal project activities within the Dis- trict, and the continuing needs of redevelop- ment within the District are such as to require the continued application of the incremental tax resources of the District; and Whereas, the following enactment is neces- sary to accomplish the objectives described in the premises. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA, THAT: Ordinance Number 15-21 is hereby amended to read as follows: Section 1: For purposes of this Ordinance, the following terms shall have the following meanings: (a) Original Project Area means that por- tion of the City of Dubuque, Iowa described in the Urban Renewal Plan for the District approved by Resolution No. 130-88 on May 2, 1988, and subsequently amended by Resolution No. 484-90 on December 17, 1990, which Original Project Area includes the Lots and parcels located within the area now legally described as follows: All of Dubuque Industrial Center Eighth Addition; and All of Lot 1 Dubuque Industrial Cen- ter 13th Addition; and Lot 2 Dubuque Industrial Center 13th Addition; and Lot 1-2-2 Dubuque Industrial Center Fifth Addition; and Lot 1 Dubuque Industrial Center Fifth Addition; and Lot 1 Dubuque Industrial Center 11th Addition; and Lot 1 of 2 of Dubuque Industrial Cen- ter Fifth Addition; and Lot 1 of 2 of Dubuque Industrial Cen- ter Fifth Addition; and Lot 1-3 Dubuque Industrial Center 12th Addition; and Lot 1 of Lot 3 of final plat of Lot 1 of Dubuque Industrial Center First Addi- tion; and Lot 1 Dubuque Industrial Center 101h Addition; and Lot 2-3 Dubuque Industrial Center 12th Addition; and Lots 1 and 2 of final plat of Lot 1 of Dubuque Industrial Center First Addi- tion; and Lot 1 Dubuque Industrial Center 12th Addition; and Lot 2 Dubuque Industrial Center Ninth Addition; and 160 Regular Session, April 19, 2021 Book 151 Lot 2 Dubuque Industrial Center 12" Addition; and Lot 2-2 Dubuque Industrial Center Sixth Addition; and Lot 3 Dubuque Industrial Center Ninth Addition; and Lot 1 Dubuque Industrial Center Sixth Addition; and Lot 2 of 2 Dubuque Industrial Center 7th Addition; and Lot 2-1 Walter Addition; and Lot 2-1 Walter Addition; and And all adjoining public right-of-way, all in the City of Dubuque, Dubuque County, Iowa. The Original Project Area is referred to as "Subarea A" in the Urban Renewal Plan hereinafter described. (b) Subarea B means that portion of the City of Dubuque, Iowa described as Sub- area B in the Amended and Restated Urban Renewal Plan for the District approved by Resolution No. 478-97 on November 17, 1997, and subsequently amended by Reso- lution No. 15-08 on January 7, 2008, and Resolution No. 126-21 on April 19, 2021, which Subarea B includes the Lots and par- cels located within the area legally de- scribed as follows: Lots 1, 3, 4, 1 of 5, 6 and H of Dubu- que Industrial Center West as originally platted; and Lots 1, 2, 3, 4, 5, 6, 7, 8, and C of Dubuque Industrial Center West 2nd Ad- dition as originally platted; and Lots 1, 2, 3, 4, B, and C of Dubuque Industrial Center West 4th Addition as originally platted; and Lots 1 of 1, 1 of 2, 2 of 2, 1 of 3, 2 of 3, 1 of 5, A, C, and D of Dubuque Indus- trial Center West 5th Addition as origi- nally platted; and Lots 1, and A of Dubuque Industrial Center West 6th Addition as originally platted; and Lots 1, 1 of 2, and 2 of 2 of Dubuque Industrial Center West 7th Addition as originally platted; and Lot 2 of 1 of the Southwest Quarter of the Southwest Quarter and Lot 2 of 1 of the Southeast Quarter of the South- west Quarter all in Section 30, Township 89 North, Range 2 East, 5th P.M. as orig- inally platted; and and all that part of a 100-foot-wide strip of the Chicago Central Pacific Rail- road right-of-way lying in the SE 1/4 of Section 30, the SE 1/4 of the SW 1/4 of Section 30, the NW 1/4 of Section 31, and the NE 1/4 of Section 31 all in T89N, R2E, of the 5th P.M. Dubuque County, Iowa, the centerline of which is more particularly described as follows: begin- ning at a point of intersection with the easterly line of the SE 1/4 of Section 30, T89N, R2E, of the 5th P.M., thence southwesterly continuing along the cen- terline of said railroad 2,700 feet, more or less a point of intersection with the westerly line of the SE 1/4 of said Sec- tion 30; thence southwesterly continuing along said centerline 845 feet, more or less, to a point where the railroad right- of-way widens to 200 feet, said point be- ing the terminus of this description; and all that part of a 100-foot-wide strip of the Chicago Central Pacific Railroad right-of-way lying in the Balance of Lot 1 of 1 of the Southwest Quarter of the Southwest Quarter in Section 29, Town- ship 89 North, Range 2 East, 5t1 P.M.; and any adjoining public street right-of- way all in the City of Dubuque, Dubuque County, Iowa. (c) Subarea C means that portion of the City of Dubuque, Iowa described as Sub- area C in the Amended and Restated Urban Renewal Plan for the District approved by Resolution No. 101-08 on March 17, 2008, which Subarea C includes the Lots and par- cels located within the area legally de- scribed as follows: Lots 1 and 2 of Dubuque Industrial Center North Second Addition; and Lots 2, 3, C and A of Dubuque Indus- trial Center North First Addition, except- ing that Part of said Lot A originally plat- ted as Lot 2 of the SW '/ of the NW '/ of Sec. 30, T89N, R2E of the 5th PM; and and any adjoining public street right- of-way, all in the City of Dubuque, Dubu- que County, Iowa, EXCEPT those Lots and parcels in- cluded in Subarea K. (d) Subarea D means that portion of the City of Dubuque, Iowa described as Sub- area D in the Amended and Restated Urban Renewal Plan for the District approved by Resolution No. 109-08 on April 7, 2008, which Subarea D includes the Lots and par- cels located within the area legally de- scribed as follows: Lots 1, 2, and B and all of the right of way of Chavenelle Court in Dubuque In- dustrial Center West 8th Addition in the City of Dubuque, Dubuque County, Iowa. (e) Subarea E means that portion of the City of Dubuque, Iowa described as Sub- area E in the Amended and Restated Urban Renewal Plan for the District approved by Resolution No. 87-11 on March 7, 2011, which Subarea E includes the Lots and par- cels located within the area legally de- scribed as follows: Book 151 Regular Session, April 19, 2021 161 All of Lot 1 of 1 and Lot 1 of 2 of the South Fork Subdivision No. 1 as origi- nally platted, including any adjoining public street right-of-way to said Lots, all in the City of Dubuque, Dubuque County, Iowa, and All of Seippel Road right of way from the north boundary line of Lot 1 of 1 of South Fork Subdivision No. 1 in the City of Dubuque, to the south boundary lines of Lot H of Dubuque Industrial Center West and Lot 1 of Dubuque Industrial Center West 2nd Addition in the City of Dubuque, Dubuque County, Iowa, in- cluding crossings at the intersections of Old Highway Road and Chicago Central and Pacific Railroad rights -of -way. (f) Subarea F means that portion of the City of Dubuque, Iowa, and Dubuque County described as Subarea F in the Amended and Restated Urban Renewal Plan for the District approved by Resolution No. 197-15 on June 1, 2015, which Subarea F includes the Lots and parcels located within the area legally described as follows: Lot one (1) of Graf Farm Subdivision #2, Dubuque County, Iowa, according to the recorded plat thereof; Lot 1 of Lot 1 of Lot 1 of Lot 1 of West One-half of Northeast One -quarter, Sec- tion 25, Township 89 North, Range 1 East of the 5th P.M., in Center Township, Dubuque County, Iowa; Lot 2 in "W.A. Norman Place" in Sec- tion 25, Center Township, Dubuque County, Iowa, according to the plat thereof; and The NW 1/4 of the SE 1/4 of Section 25, Township 89 North, Range 1 East of the 5m P.M., in Center Township, Dubu- que County, Iowa. (g) Subarea G means that portion of the City of Dubuque, Iowa, and Dubuque County described as Subarea G in the Amended and Restated Urban Renewal Plan for the District approved by Resolution No. 309-15 on September 8, 2015, which Subarea G includes the Lots and parcels lo- cated within the area legally described as follows: The South one-half of the Northwest Quarter of Section 29, Township 89 North, Range 2 East of the 5th P.M., in the City of Dubuque, Iowa. Lot 1 of Lot 1 of the Northwest Quarter of the Northwest Quarter of Section 29, Township 89 North, Range 2 East of the 5th P.M., in the City of Dubuque, Iowa. Lot 2 of McFadden Farm Place #2, in the City of Dubuque, Iowa. Lot 2 of McFadden Farm Place, in the City of Dubuque, Iowa. Lot A of Lot 1 of 1 of the Southwest Quarter of the Southwest Quarter of Sec- tion 29, Township 89 North, Range 2 East of the 5th P.M., in the City of Dubuque, Iowa. Lot A of Lot 1 of 1 of the Northwest Quarter of the Southwest Quarter of Sec- tion 29, Township 89 North, Range 2 East of the 5th P.M., in the City of Dubuque, Iowa. All in the City of Dubuque, Dubuque County, Iowa. (h) Subarea H means that portion of the City of Dubuque, Iowa, and Dubuque County described as Subarea H in the Amended and Restated Urban Renewal Plan for the District approved by Resolution No. 332-16 on September 19, 2016, which Subarea H includes the Lots and parcels lo- cated within the area legally described as follows: Lot 1 of the Northeast '/4 of the Northeast 1/4, and Lot 2 of Lot 1 of Lot 1 of Lot 2 of the Northeast 1/4 of the North- east '/4, of Section 30, in Township 89 North, Range 2 East of the 5th P.M., in the City of Dubuque, Iowa. (i) Subarea I means that portion of the City of Dubuque, Iowa, and Dubuque County described as Subarea I in the Amended and Restated Urban Renewal Plan for the District approved by Resolution No. 332-16 on September 19, 2016, which Subarea I includes the Lots and parcels lo- cated within the area legally described as follows: Lot 2 Seippel Road Place #2, Dubu- que County, Iowa. Lot 2-1-1 of the Southeast Quarter of the Southeast Quarter of Section 25, Township 89 North, Range 2 East of the 5th P.M., Dubuque County, Iowa Q) Subarea J means that portion of the City of Dubuque, Iowa, and Dubuque County described as Subarea J in the Amended and Restated Urban Renewal Plan for the District approved by Resolution No. 332-16 on September 19, 2016, which Subarea J includes the Lots and parcels lo- cated within the area legally described as follows: Lot 2 Julien Care Place, Dubuque County, Iowa. Lot 3 Julien Care Place, Dubuque County, Iowa Lot 2-1 Julien Care Place, Dubuque County, Iowa (k) Subarea K means that portion of the City of Dubuque, Iowa, removed from Sub- area C of the District by Version 2018.1 of the Amended and Restated Plan for the Dis- trict approved by Resolution No. 157-18, and added to the District by Version 2018.2 of the Amended and Restated Plan for the 162 Regular Session, April 19, 2021 Book 151 District approved by Resolution No. 158-18 as Subarea K, all on May 21, 2018, which Subarea K includes the Lots and parcels lo- cated within the area legally described as follows: Lot 1 of Dubuque Industrial Center North Third Addition, in the City of Dubu- que, Iowa. (1) Subarea L means that portion of the City of Dubuque, Iowa described as Sub- area L in the Amended and Restated Urban Renewal Plan for the District approved by Resolution 380-18 on December 17, 2018, which Subarea L includes the Lots and par- cels located within the area legally de- scribed as follows: Lot 1 of Loretta Bahl's Homestead, in the City of Dubuque, Iowa, comprised of Lot 1 of the West 30 Acres of the Southwest '/4 of the Southeast '/4, Sec- tion 19, Township 89 North, Range 2 East of the 5th P.M. all in the City of Dubuque, Dubuque County, Iowa. (m) Subarea M means that portion of the City of Dubuque, Iowa described as Sub- area M in the Amended and Restated Urban Renewal Plan for the District approved by Resolution 380-18 on December 17, 2018, which Subarea M includes the Lots and par- cels located within the area legally de- scribed as follows: Lot 2 of the Subdivision of Lot 2 of the Northeast '/4 of the Northeast '/4 of Section 30, Township 89 North, Range 2 East of the 5th P.M. all in the City of Dubuque, Dubuque County, Iowa. (n) Subarea N means that portion of the City of Dubuque, Iowa described as Sub- area N in the Amended and Restated Urban Renewal Plan for the District approved by Resolution 126-21 on April 19, 2021, which Subarea N includes the Lots and parcels lo- cated within the area legally described as follows: Lot 1 of Dubuque Industrial Center North First Addition, in the City of Dubu- que, Iowa; and All of the street right of way of Innova- tion Drive adjacent to Lot 1 of Dubuque In- dustrial Center North First Addition, in the City of Dubuque, Iowa. All in the City of Dubuque, Iowa (o) Amended Project Area means that portion of the City of Dubuque, Iowa and Dubuque County included within the Origi- nal Project Area, Subarea B, Subarea C, Subarea D, Subarea E, Subarea F, Sub- area G, Subarea H, Subarea I, Subarea J, Subarea K, Subarea L, Subarea M, and Subarea N each as described in this Sec- tion. Section 2: The taxes levied on the taxable property in the Amended Project Area, and each subarea thereof, legally described in Sec- tion 1 hereof, by and for the benefit of the State of Iowa, City of Dubuque, County of Dubuque, Dubuque Community School District, and all other taxing districts from and after the effective date of this Ordinance shall be divided as here- inafter in this Ordinance provided. Section 3: As to the Original Project Area, that portion of the taxes which would be pro- duced by the rate at which the tax is levied each year by or for each of the taxing districts taxing property in the Original Project Area upon the total sum of the assessed value of the taxable property in the Original Project Area as shown on the assessment roll as of January 1, 1987, being the first day of the calendar year preced- ing the effective date of Ordinance No. 26-88, shall be allocated to and when collected be paid into the fund for the respective taxing district as taxes by or for said taxing district into which all other property taxes are paid. The taxes so de- termined shall be referred herein as the "base period taxes" for such Subarea. As to Subarea B, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 1996, being the assessment roll applicable to property in such Subarea as of January 1 of the calendar year preceding the effective date of Ordinance No. 66-97. As to Subarea C (except the Lots and par- cels now forming Subarea K), base period taxes shall be computed in the same manner using the total assessed value shown on the as- sessment roll as of January 1, 2007, being the assessment roll applicable to property in such subarea as of January 1 of the calendar year preceding the effective date of Ordinance No. 70-08, and base values shall be reduced due to the removal of area from Subarea C. As to Subarea D, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 2007, being the assessment roll applicable to property in such subarea as of January 1 of the calendar year preceding the effective date of Ordinance No. 70-08. As to Subarea E, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 2013, being the assessment roll applicable to property in such subarea as of January 1 of the calendar year preceding the effective date of Ordinance No. 10-14. As to Subarea F, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 2014, being the assessment roll applicable to property in such subarea as of January 1 of the calendar year preceding the effective date of Ordinance No. 39-15. As to Subarea G, base period taxes shall be computed in the same manner using the total Book 151 Regular Session, April 19, 2021 163 assessed value shown on the assessment roll as of January 1, 2014, being the assessment roll applicable to property in such subarea as of January 1 of the calendar year preceding the effective date of Ordinance No. 55-15. As to Subarea H, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 2015, being the assessment roll applicable to property in such subarea as of January 1 of the calendar year preceding the effective date of Ordinance No. 49-16. As to Subarea I, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 2015, being the assessment roll applicable to property in such subarea as of January 1 of the calendar year preceding the effective date of Ordinance No. 49-16. As to Subarea J, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 2015, being the assessment roll applicable to property in such subarea as of January 1 of the calendar year preceding the effective date of Ordinance No. 49-16. As to Subarea K, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 2017, being the assessment roll applicable to property in such subarea as of January 1 of the calendar year preceding the effective date of Ordinance No. 18-18. As to Subarea L, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 2017, being the assessment roll applicable to property in such subarea as of January 1 of the calendar year preceding the effective date of Ordinance No. 45-18. As to Subarea M, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 2017, being the assessment roll applicable to property in such subarea as of January 1 of the calendar year preceding the effective date of Ordinance No. 45-18. As to Subarea N, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 2020, being the assessment roll applicable to property in such subarea as of January 1 of preceding the effective date of this Ordinance No. 16-21. Section 4: That portion of the taxes each year in excess of the base period taxes for the Amended Project Area, determined for each sub -area thereof as provided in Section 3 of this Ordinance, shall be allocated to and when col- lected be paid into the special tax increment fund previously established by the City of Dubu- que to pay the principal of and interest on loans, monies advanced to, or indebtedness, whether funded, refunded, assumed or otherwise, in- cluding bonds issued under authority of Section 403.9 or Section 403.12 of the Code of Iowa, incurred by the City of Dubuque, Iowa to finance or refinance, in whole or in part, urban renewal projects undertaken within the Amended Pro- ject Area pursuant to the Urban Renewal Plan, except that taxes for the regular and voter -ap- proved physical plant and equipment levy of a school district imposed pursuant to Section 298.2 of the Code of Iowa and taxes for the in- structional support program of a school district imposed pursuant to Section 257.19 (but in each case only to the extent required under Section 403.19(2)), taxes for the payment of bonds and interest of each taxing district, and taxes imposed under Section 346.77 (22) re- lated to joint county -city buildings, shall be col- lected against all taxable property within the Amended Project Area without any limitation as hereinabove provided. Section 5: Unless or until the total assessed valuation of the taxable property in the subar- eas of the Amended Project Area exceeds the total assessed value of the taxable property in said subareas shown by the assessment rolls referred to in Section 3 of this Ordinance, all of the taxes levied and collected upon the taxable property in the Amended Project Area shall be paid into the funds for the respective taxing dis- tricts as taxes by or for the taxing districts in the same manner as all other property taxes. Section 6: At such time as the loans, monies advanced, bonds and interest thereon and in- debtedness of the City of Dubuque referred to in Section 4 hereof have been paid, all monies thereafter received from taxes upon the taxable property in the Amended Project Area shall be paid into the funds for the respective taxing dis- tricts in the same manner as taxes on all other property. Section 7: All ordinances or parts of ordi- nances in conflict with the provisions of this Or- dinance are hereby repealed. The provisions of this Ordinance are intended and shall be con- strued so as to continue the division of taxes from taxable property in the Amended Project Area under the provisions of Section 403.19 of the Code of Iowa, as authorized in Ordinance No. 18-18. In the event that any provision of this Ordinance shall be determined to be contrary to law it shall not affect other provisions or appli- cation of this Ordinance which shall at all times be construed to fully invoke the provisions of Section 403.19 of the Code of Iowa with refer- ence to the Amended Project Area and the sub- areas contained therein. Section 8: This Ordinance shall be in effect after its final passage, approval and publication as provided by law. Passed and approved this 19th day of April 2021. /s/Roy D. Buol, Mayor 164 Regular Session, April 19, 2021 Book 151 Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 23rd day of April 2021. /s/Adrienne N. Breitfelder, City Clerk 7. Proceedings to Direct Advertisement for Sale of $29,395,000 Tax -Exempt General Obli- gation Bonds, Series 2021A and $12,940,000 Taxable General Obligation Bonds, Series 2021 B, Approval of the Preliminary Official Statement, and Approval of Electronic Bidding Procedures: City Manager recommended City Council approval of the suggested proceedings for approving the advertisement for sale, pre- liminary Official Statement, and electronic bid- ding procedures for the $29,395,000 Tax -Ex- empt General Obligation Bonds, Series 2021A and $12,940,000 Taxable General Obligation Bonds, Series 2021 B. Motion by Resnick to re- ceive and file the documents and adopt Reso- lution No. 131-21 Directing the Advertisement for sale of $29,395,000* (subject to adjustment per terms of offering) General Obligation Bonds, Series 2021A, and approving electronic bidding procedures and distribution of prelimi- nary official statement and Resolution No. 132- 21 Directing the advertisement for sale of $12,940,000* (subject to adjustment per terms of offering) taxable General Obligation Bonds, Series 2021 B, and approving electronic bidding procedures and distribution of preliminary offi- cial statement. Seconded by Jones. Motion car- ried 7-0. RESOLUTION NO. 131-21 DIRECTING THE ADVERTISEMENT FOR SALE OF $29,395,000* (SUBJECT TO AD- JUSTMENT PER TERMS OF OFFERING) GENERAL OBLIGATION BONDS, SERIES 2021A, AND APPROVING ELECTRONIC BID- DING PROCEDURES AND DISTRIBUTION OF PRELIMINARY OFFICIAL STATEMENT Whereas, the Issuer is in need of funds to pay 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 acqui- sition, 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 rehabili- tation and improvement of City parks and the acquisition, repair and replacement of facilities, equipment and improvements commonly found in City parks; equipping the fire department; and refunding or refinancing outstanding in- debtedness of the City, including General Obli- gation Bonds, Series 2012A, General Obliga- tion Bonds, Series 2012B, General Obligation Bonds, Series 2012E, General Obligation Ur- ban Renewal Bonds, Series 2012H, and Gen- eral Obligation Bonds, Series 2014B, essential Book 151 Regular Session, April 19, 2021 165 corporate purpose(s), and it is deemed neces- sary and advisable that General Obligation Bonds, to the amount of not to exceed $44,500,000 be authorized for said purpose(s); and Whereas, pursuant to notice published as required by Section 384.25 of the Code of Iowa, this Council has held a public meeting and hear- ing upon the proposal to institute proceedings for the issuance of the Bonds, and the Council is therefore now authorized to proceed with the issuance of said Bonds for such purpose(s); and Whereas, the City is in need of funds to pay costs of the acquisition, improvement, and equipping of the fire station and facilities, gen- eral corporate purpose(s), and it is deemed necessary and advisable that General Obliga- tion Bonds, to the amount of not to exceed $700,000 be authorized for said purpose(s); and Whereas, the Issuer has a population of more than 5,000 but not more than 75,000, and the Bonds for these purposes do not exceed $700,000; and Whereas, pursuant to notice published as required by Section 384.26 of the Code of Iowa, the Council of the City has held public meeting and hearing upon the proposal to institute pro- ceedings for the issuance of Bonds for general corporate purpose(s) in the amounts as above set forth, and, no petition for referendum having been received, the Council is therefore now au- thorized to proceed with the issuance of said Bonds for such purpose(s); and Whereas, the City is in need of funds to pay costs of the construction, renovation, remodel- ing, improvement, equipping and repairing of Town Clock Plaza; acquisition and implementa- tion of computer equipment including financial and utility billing software; acquisition and equipping of a light duty minibus, general cor- porate purpose(s), and it is deemed necessary and advisable that General Obligation Bonds, to the amount of not to exceed $700,000 be au- thorized for said purpose(s); and Whereas, the Issuer has a population of more than 5,000 but not more than 75,000, and the Bonds for these purposes do not exceed $700,000; and Whereas, pursuant to notice published as required by Section 384.26 of the Code of Iowa, the Council of the City has held public meeting and hearing upon the proposal to institute pro- ceedings for the issuance of Bonds for general corporate purpose(s) in the amounts as above set forth, and, no petition for referendum having been received, the Council is therefore now au- thorized to proceed with the issuance of said Bonds for such purpose(s); and Whereas, the City is in need of funds to pay costs of acquisition and equipping of a heavy- duty fixed route bus, general corporate pur- pose(s), and it is deemed necessary and advis- able that General Obligation Bonds, to the amount of not to exceed $600,000 be author- ized for said purpose(s); and Whereas, the Issuer has a population of more than 5,000 but not more than 75,000, and the Bonds for these purposes do not exceed $700,000; and Whereas, pursuant to notice published as required by Section 384.26 of the Code of Iowa, the Council of the City has held public meeting and hearing upon the proposal to institute pro- ceedings for the issuance of Bonds for general corporate purpose(s) in the amounts as above set forth, and, no petition for referendum having been received, the Council is therefore now au- thorized to proceed with the issuance of said Bonds for such purpose(s); and Whereas, pursuant to Section 384.28 of the Code of Iowa, it is hereby found and determined that the various general obligation bonds au- thorized as hereinabove described shall be combined for the purpose of issuance in a sin- gle issue of $29,395,000* General Obligation Bonds as hereinafter set forth; and Whereas, in conjunction with its Municipal Advisor, Independent Public Advisors, LLC, and Disclosure Counsel, the City has caused a Preliminary Official Statement to be prepared outlining the details of the proposed sale of the Bonds; and Whereas, the Council has received infor- mation from its Municipal Advisor evaluating and recommending the procedure hereinafter described for electronic, facsimile and internet bidding to maintain the integrity and security of the competitive bidding process and to facilitate the delivery of bids by interested parties; and Whereas, the Council deems it in the best interests of the City and the residents thereof to receive bids to purchase such Bonds by means of both sealed and electronic internet commu- nication. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, STATE OF IOWA: That the receipt of electronic bids by facsim- ile machine, email and through the Parity Com- petitive Bidding System described in the Notice of Sale and Official Statement are hereby found and determined to provide reasonable security and to maintain the integrity of the competitive bidding process, and to facilitate the delivery of bids by interested parties in connection with the offering at public sale. That General Obligation Bonds, Series 2021 A, of City of Dubuque, State of Iowa, in the amount of $29,395,000* (Subject to Adjustment per Terms of Offering), to be issued as referred to in the preamble of this Resolution, to be dated June 2, 2021, be offered for sale pursu- ant to the published advertisement. 166 Regular Session, April 19, 2021 Book 151 That the preliminary Official Statement in the form presented to this meeting be and the same hereby is approved as to form and deemed final for purposes of Rule 15c2-12 of the Securities and Exchange Commission, sub- ject to such revisions, corrections or modifica- tions as the Mayor and City Clerk, upon the ad- vice of bond counsel, disclosure counsel, and the City's Municipal Advisor, shall determine to be appropriate, and is authorized to be distrib- uted in connection with the offering of the Bonds for sale. That the Clerk is hereby directed to publish notice of sale of the Bonds at least once, the last one of which shall be not less than four clear days nor more than twenty days before the date of the sale. Publication shall be made in the Telegraph Herald, a legal newspaper, printed wholly in the English language, pub- lished within the county in which the Bonds are to be offered for sale or an adjacent county. The notice is given pursuant to Chapter 75 of the Code of Iowa, and shall state that this Council, on the 3rd day of May 2021, at 6:30 p.m., will hold a meeting to receive and act upon bids for said Bonds, which bids were previously re- ceived and opened by City Officials at 10:00 a.m. on said date. The notice shall be in sub- stantially the [provided] form: Passed and approved this 19th day of April 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk RESOLUTION NO. 132-21 DIRECTING THE ADVERTISEMENT FOR SALE OF $12,940,000* (SUBJECT TO AD- JUSTMENT PER TERMS OF OFFERING) TAXABLE GENERAL OBLIGATION BONDS, SERIES 2021B, AND APPROVING ELEC- TRONIC BIDDING PROCEDURES AND DIS- TRIBUTION OF PRELIMINARY OFFICIAL STATEMENT Whereas, the Issuer is in need of funds to pay costs of refunding or refinancing outstand- ing indebtedness of the City, including Taxable General Obligation Bonds, Series 2012C, Tax- able General Obligation Bonds, Series 2012F, and Taxable General Obligation Bonds, Series 2014C, essential corporate purpose(s), and it is deemed necessary and advisable that Taxable General Obligation Bonds, to the amount of not to exceed $44,500,000 be authorized for said purpose(s); and Whereas, pursuant to notice published as required by Section 384.25 of the Code of Iowa, this Council has held a public meeting and hear- ing upon the proposal to institute proceedings for the issuance of the Bonds, and the Council is therefore now authorized to proceed with the issuance of said Bonds for such purpose(s); and Whereas, the City is in need of funds to pay costs of the reconstruction, expansion of and improvements to the Riverfront docking facility; general corporate purpose(s), and it is deemed necessary and advisable that Taxable General Obligation Bonds, to the amount of not to ex- ceed $700,000 be authorized for said pur- pose(s); and Whereas, the Issuer has a population of more than 5,000 but not more than 75,000, and the Bonds for these purposes do not exceed $700,000; and Whereas, pursuant to notice published as required by Section 384.26 of the Code of Iowa, the Council of the City has held public meeting and hearing upon the proposal to institute pro- ceedings for the issuance of Bonds for general corporate purpose(s) in the amounts as above set forth, and, no petition for referendum having been received, the Council is therefore now au- thorized to proceed with the issuance of said Bonds for such purpose(s); and Whereas, the Issuer is in need of funds to pay costs of aiding in the planning, undertaking and carrying out of urban renewal projects un- der the authority of Chapter 403 and the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal Dis- trict, such as those costs associated with the construction, renovation, remodeling, improve- ment, equipping and repairing of parking gar- ages and ramps, essential corporate urban re- newal purpose project(s), and it is deemed nec- essary and advisable that the City issue Taxa- ble General Obligation Bonds, for such pur- pose(s) to the amount of not to exceed $950,000 as authorized by Sections 384.25 and 403.12 of the Code of Iowa; and Whereas, pursuant to notice published as required by Sections 384.25 and 403.12 this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of said Bonds, and all objections, if any, to such Council action made by any res- ident or property owner of the City were re- ceived and considered by the Council; and no petition having been filed, it is the decision of the Council that additional action be taken for the issuance of said Bonds for such purpose(s), and that such action is considered to be in the best interests of the City and the residents thereof; and Whereas, pursuant to Section 384.28 of the Code of Iowa, it is hereby found and determined that the various general obligation bonds au- thorized as hereinabove described shall be combined for the purpose of issuance in a sin- gle issue of $12,940,000* (Subject to Adjust- ment Per Terms of Offering) General Obligation Bonds as hereinafter set forth; and Whereas, in conjunction with its Municipal Advisor, Independent Public Advisors, LLC, and Disclosure Counsel, the City has caused a Book 151 Regular Session, April 19, 2021 167 Preliminary Official Statement to be prepared outlining the details of the proposed sale of the Bonds;and Whereas, the Council has received infor- mation from its Municipal Advisor evaluating and recommending the procedure hereinafter described for electronic, email, facsimile, and internet bidding to maintain the integrity and se- curity of the competitive bidding process and to facilitate the delivery of bids by interested par- ties; and Whereas, the Council deems it in the best interests of the City and the residents thereof to receive bids to purchase such Bonds by means of both sealed and electronic internet commu- nication. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, STATE OF IOWA: That the receipt of electronic bids by facsim- ile machine, email and through the Parity Com- petitive Bidding System described in the Notice of Sale and Official Statement are hereby found and determined to provide reasonable security and to maintain the integrity of the competitive bidding process, and to facilitate the delivery of bids by interested parties in connection with the offering at public sale. That Taxable General Obligation Bonds, Series 2021 B, of City of Dubuque, State of Iowa, in the amount of $12,940,000* (Subject to Adjustment per Terms of Offering), to be issued as referred to in the preamble of this Resolution, to be dated June 2, 2021, be offered for sale pursuant to the published advertisement. That the preliminary Official Statement in the form presented to this meeting be and the same hereby is approved as to form and deemed final for purposes of Rule 15c2-12 of the Securities and Exchange Commission, sub- ject to such revisions, corrections or modifica- tions as the Mayor and City Clerk, upon the ad- vice of bond counsel, disclosure counsel, and the City's Municipal Advisor, shall determine to be appropriate, and is authorized to be distrib- uted in connection with the offering of the Bonds for sale. That the Clerk is hereby directed to publish notice of sale of the Bonds at least once, the last one of which shall be not less than four clear days nor more than twenty days before the date of the sale. Publication shall be made in the Telegraph Herald, a legal newspaper, printed wholly in the English language, pub- lished within the county in which the Bonds are to be offered for sale or an adjacent county. The notice is given pursuant to Chapter 75 of the Code of Iowa, and shall state that this Council, on the 3rd day of May 2021, at 6:30 p.m., will hold a meeting to receive and act upon bids for said Bonds, which bids were previously re ceived and opened by City Officials at 10:00 a.m. on said date. The notice shall be in sub- stantially the [provided] form: Passed and approved this 19th day of April 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 8. Enterprise Resource Planning (ERP) Project Recommendation and Contract Ap- proval: City Manager recommended City Coun- cil approval of Tyler Technologies cloud -hosted Munis and EnerGov systems for the Enterprise Resource Planning (ERP) system. Motion by Jones to receive and file the documents and ap- prove the contract. Seconded by Roussell. Mo- tion carried 7-0. 9. Re -Imagine Comiskey Presentation and Master Plan and Phase 1 Plan Approval: City Manager recommended City Council approval of the Re -Imagine Comiskey Master Plan and Phase 1 Plan. Motion by Sprank to receive and file the documents and view the presentation. Seconded by Resnick. Point of Order by Jones that the suggested disposition for the item in- cludes approving the plan. Mayor Buol re- quested confirmation from Council Members Sprank and Resnick that they accept amending the motion to include approving the plan. Coun- cil Members Sprank and Resnick both accepted the amended motion. Abbie Moilien of Saiki De- sign provided a presentation. Topics included: • Public Engagement • Goals • Public Meeting #1 • Community Survey • Focus Groups • PARKitecture Workshop • Public Meeting #2 • Site Design • Master Plan • Phase I Plan • Budget • Phase 1 Available Funding • Schedule 2021-2022 Responding to a question from the City Council, Ms. Moilien stated that portions of the park will be closed during construction, but the entire park will not be closed. Leisure Services Manager Marie Ware responded to a question from the City Council regarding the telephone wires located in the park. Ms. Ware stated that the telephone wires will remain after construc- tion. City Council Members expressed support for the project. Motion carried 7-0. 10. Request to Schedule Monthly Work Session on COVID-19 Response: City Manager requested the City Council schedule a work session for July 6, 2021, at 5:30 p.m. to receive updates on the COVID-19 response. Motion by 168 Special Session, May 3, 2021 Book 151 Cavanagh to receive and file the documents and schedule the work session as recom- mended. Seconded by Farber. No schedule conflicts were expressed. Motion carried 7-0. COUNCIL MEMBER REPORTS Council Member Jones reported on the re- cent passing of former United States Vice Pres- ident Walter Mondale. CLOSED SESSION Motion by Jones to convene in closed ses- sion at 8:36 p.m. to discuss pending litigation and purchase or sale of real estate — Chapter 21.5(1)(c), 0) Code of Iowa. Seconded by Res- nick. Mayor Buol stated for the record that the attorney who will consult with City Council on the issues to be discussed in the closed session is City Attorney Brumwell. City Attorney Brum- well stated that Assistant City Attorney Maureen Quann will also consult in the closed session. Motion carried 7-0. Upon motion, the City Council reconvened in open session at 10:49 p.m. stating that staff had been given proper direction. There being no further business, Mayor Buol declared the meeting adjourned at 10:49 p.m. /s/Adrienne N. Breitfelder, City Clerk CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 5:00 p.m. on May 3, 2021. Due to the COVID-19 pandemic and man- dates 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.cityofdubuque.org/me- dia, and streamed live on the City's Facebook page at www.facebook.com/cityofdubuque. Present: Mayor Buol; Council Members Cavanagh, Farber, Jones, Resnick, Roussell, Sprank; City Manager Van Milligen, City Attor- ney Brumwell. Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of conducting work sessions to receive updates on cyber security and the COVID-19 pandemic. WORK SESSIONS (2) 1. CYBER SECURITY UPDATE Information Services Manager Chris Kohl- mann provided a cyber security update. Topics included: • Threat Landscape: In the News • Threat Landscape: Statistics • Components of a Cyber Attack • Motive of a Cyber-Threat • Best Practices: o Prevention o Public Wi-Fi o Phish response o How to Spot a Scam o Information Sharing o Data and Device Sharing • Equity Impact by Age • Cybersecurity and Race • Addressing the Risk • Fiscal Year 2021 Action Steps • Fiscal Year 2021 Capital Improvement Projects having Cyber Security Impact • FY22 Recommended Improvement Re- quests having Cyber Security Impact • FY22 Capital Improvement Projects hav- ing Cyber Security Impact This work session concluded at 5:29 p.m. Book 151 Regular Session, May 3, 2021 169 2. COVID-19 PANDEMIC MONTHLY UPDATE City staff and network partners provided up- dates on the internal and community -facing re- sponses to the COVID-19 pandemic. • Community COVID-19 Update and Com- munication Response: Mary Rose Corri- gan, Public Health Specialist • Update on vaccine distribution, call center and outreach to marginalized communi- ties: Rick Steines, Fire Chief; Cori Bur- bach, Assistant City Manager; and Kelly Larson, Human Rights Director. • Community Partner Presentations: Jenna Manders, Director of Strategic Relations at the Community Foundation of Greater Dubuque The presenters responded to questions from the City Council following their presenta- tions. City Council expressed interest in coordi- nating with the Dubuque County Board of Su- pervisors on the sunset date of the Face Cov- ering Ordinance. Mayor Buol requested the next City Council meeting contain an agenda item or work session related to the Face Cover- ing Ordinance. There being no further business, Mayor Buol declared the meeting adjourned at 6:20 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 May 3, 2021. Due to the COVID-19 pandemic and man- dates for social distancing, this meeting was conducted virtually and aired live on CityChan- nel Dubuque (Mediacom cable channels 8 and 117.2), streamed live on the City's website at www.cityofdubugue.org/media, and streamed live on the City's Facebook page at www.face- book.com/cityofdubugue. Present: Mayor Buol; Council Members Cavanagh, Farber, Jones, Resnick, Roussell, Sprank; City Manager Van Milligen, City Attor- ney 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 SWEARING IN 1. Swearing -In - Mayor Pro Tern Sprank: Mayor Buol administered the Oath of Office to Mayor Pro Tern Danny Sprank. PRESENTATION(S) 1. Women's Leadership Network - Woman of Achievement Awards: This item was re- scheduled to the May 17, 2021, City Council Meeting. 2. Iowa and Minnesota Campus Compact Engaged Campus Award Winners: Human Rights Director Kelly Larson presented the Iowa and Minnesota Campus Compact Engaged Campus Awards to Temwa Phiri, Community Engagement Coordinator; Mallory Gardiner, Loras College student and Chair of the Dubu- que Human Rights Commission; Emma Earles, Loras College student; and Dr. Jake Kurczek, PhD, Loras College Assistant Professor of Neu- roscience and Psychology. PROCLAMATION(S) 1. Preservation Month Proclamation was accepted by Bill Doyle on behalf of the Historic Preservation Commission. 170 Regular Session, May 3, 2021 Book 151 2. Public Works Week Proclamation (May 16-22, 2021) was accepted by Arielle Swift, As- sistant Public Works Director, on behalf of the Public Works Department. 3. Bike Week Proclamation (May 17-23, 2021) was accepted by David Klavitter on be- half of behalf of Dupaco and Tri-State Trail Vi- sion. CONSENT ITEMS Motion by Resnick to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Jones. Motion carried 7-0. 1. Minutes and Reports Submitted: City Council Proceedings of 4/19; Arts and Cultural Affairs Commission of 3/23; Library Board of Trustees Council Update of 4/22; Proof of Pub- lication for City Council Proceedings of 3/15, 4/5, and 4/6; Proof of Publication for List of Claims and Summary of Revenues for Month Ending 3/31. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: Andy Bradley for vehicle damage; Allyssa Krier for vehicle damage. Upon motion the documents were re- ceived, filed, and referred to the City Attorney. 3. Disposition of Claims: City Attorney ad- vising that the following claims have been re- ferred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Andy Bradley for vehicle damage; Allyssa Krier for vehicle damage. Upon motion the doc- uments were received, filed, and concurred. 4. Approval of City Expenditures: City Man- ager recommended City Council approval for payment of City expenditures. Upon motion the documents were received and filed and Reso- lution No. 133-21 Authorizing the Director of Fi- nance and Budget/City Treasurer to make cer- tain payments of bills that must be paid and ap- proved for payment in accordance with City pro- cedures was adopted. RESOLUTION NO. 133-21 AUTHORIZING THE DIRECTOR OF FI- NANCE AND BUDGET / CITY TREASURER TO MAKE CERTAIN PAYMENTS OF BILLS THAT MUST BE PAID AND APPROVED FOR PAYMENT IN ACCORDANCE WITH CITY PROCEDURES 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 De- partment personnel in accordance with gener- ally accepted internal control procedures and have been determined to have been requisi- tioned for a lawful municipal purpose; and Whereas, the Finance Director -City Treas- urer 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 pay- ment of certain expenditures known as Excep- tion 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 Treas- urer is hereby authorized to issue payment for goods and services provided for City purposes in response to the purchase orders and con- tracts issued in compliance with state and mu- nicipal code requirements as requested by des- ignated requisitioning authorities in accordance with approved budget appropriations. Section 2. In accordance with Iowa Code Section 372.13(6), the City Clerk and Finance Director are hereby authorized and directed to provide the statement of receipts and disburse- ments to the City Council, and to publish a sum- mary thereof. Passed, approved, and adopted this 3rd day of May 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breiffelder, City Clerk 5. Resolution Approving the Consent to As- signment and Assumption in the Matter of the Development Agreement by and among the City of Dubuque, Giese Properties, LLC, and Giese Manufacturing Company, Inc.: City Man- ager recommended approval of the consent to the assignment by the Developer, Giese Prop- erties, LLC, of its rights and obligations in the Development Agreement dated April 19, 2021, by and among the City of Dubuque, Giese Prop- erties, LLC, and Giese Manufacturing Com- pany, Inc., to MBMSD, LLC. Upon motion the documents were received and filed and Reso- lution No. 134-21 Approving the assignment of the Development Agreement by and among the City of Dubuque, Giese Properties, LLC and Giese Manufacturing Company, Inc by Giese Properties, LLC to MBMSD, LLC was adopted. RESOLUTION NO. 134-21 APPROVING THE ASSIGNMENT OF THE DEVELOPMENT AGREEMENT BY AND Book 151 Regular Session, May 3, 2021 171 AMONG THE CITY OF DUBUQUE, GIESE PROPERTIES, LLC AND GIESE MANUFAC- TURING COMPANY, INC BY GIESE PROP- ERTIES, LLC TO MBMSD, LLC Whereas, the City Council of the City of Dubuque, Iowa on April 19, 2021, approved a Development Agreement by and among the City of Dubuque, Giese Properties, LLC and Giese Manufacturing Company, Inc. as Devel- oper; and Whereas, pursuant to the terms of the De- velopment Agreement, City will convey to De- veloper and Developer is required to provide certain improvements to real estate legally de- scribed as: Lot 1 of Dubuque Industrial Center North First Addition, in the City of Dubuque, Iowa; and Whereas, Giese Properties, LLC as Devel- oper desires to assign all of its rights and obli- gations under the Development Agreement to MBMSD, LLC and MBMSD, LLC desires to ac- cept such rights and obligation on the terms and conditions set forth in the Assignment of Devel- opment Agreement attached hereto; and Whereas, the Development Agreement re- quires the consent of City to an assignment; and Whereas, the City Council finds that con- sent to the Assignment of Development Agree- ment is in the best interest of the City of Dubu- que. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The Assignment of Development Agreement is hereby approved. Section 2. The Mayor is hereby authorized and directed to execute the Assignment of De- velopment Agreement on behalf of the City of Dubuque. Section 3. The City Clerk is authorized and directed to record this resolution and the As- signment of Development Agreement with the Dubuque County Recorder. Passed, approved, and adopted the 3rd day of May 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breiffelder, City Clerk 6. First Amendment to Grant Agreement be- tween the City of Dubuque and Friends of Par- adise Church to Redevelop Property at 2501 Jackson Street: City Manager recommended City Council approval of a First Amendment to Grant Agreement between the City of Dubuque and Friends of Paradise Church for rehabilita- tion of 2501 Jackson Street. Upon motion the documents were received and filed and Reso- lution No. 135-21 Approving the First Amend- ment to Grant Agreement between the City of Dubuque, Iowa and Friends of Paradise Church was adopted. RESOLUTION NO. 135-21 APPROVING THE FIRST AMENDMENT TO GRANT AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND FRIENDS OF PARADISE CHURCH Whereas, the City of Dubuque (City) and Friends of Paradise Church (Grant Recipient) previously entered into a Grant Agreement dated May 4, 2020, for the redevelopment of 2501 Jackson Street in the City of Dubuque, Iowa (the Project); and Whereas, City and Grant Recipient desire to amend the Grant Agreement as set forth in the attached First Amendment to Grant Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the First Amendment to Grant Agreement between the City of Dubuque, Iowa and Friends of Paradise Church, a copy of which is attached hereto, is hereby approved. Section 2. That the Mayor is hereby author- ized and directed to execute the First Amend- ment to Grant Agreement on behalf of the City of Dubuque and the City Clerk is authorized and directed to attest to his signature. Section 3. That the City Manager is author- ized to take such actions as are necessary to comply with the terms of the First Amendment to Grant Agreement as herein approved. Passed, approved, and adopted this 3rd day of May 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breiffelder, City Clerk 7. University of Iowa Data Transfer and Use Agreement: City Manager recommended ap- proval for the Bee Branch and Healthy Homes Program to enter into a Data Transfer and Use Agreement with the University of Iowa. Upon motion the documents were received and filed, and Resolution No. 136-21 Approving a Data Transfer and Use Agreement with the Univer- sity of Iowa for the National Disaster Resiliency Grant Review requested by the US Department of Housing and Urban Development was adopted. RESOLUTION NO. 136-21 APPROVING A DATA TRANSFER AND USE AGREEMENT WITH THE UNIVERSITY OF IOWA FOR THE NATIONAL DISASTER RE- SILIENCY GRANT REVIEW REQUESTED BY THE US DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Whereas, the City of Dubuque was award National Disaster Resiliency Competition grant funds to improve the flood resiliency of homes and persons residing in them; and Whereas, the U.S. Department of Housing and Urban Development (HUD) commissioned a grant opportunity to study the effectiveness of National Disaster Resiliency Grantees ability to 172 Regular Session, May 3, 2021 Book 151 meet outcomes stated; and Whereas, the University of Iowa was awarded the grant opportunity by HUD and re- quires the use of the City's Bee Branch Healthy Homes data to meet HUDs stated goals of the grant. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA, AS FOLLOWS: Section 1. The City Council approves the Data Transfer and Use Agreement with the Uni- versity of Iowa. Section 2. The City Council authorizes the City Manager or the City Manager's designee to manage the agreement and act in accordance with the terms of the agreement. Passed, approved, and adopted this 3rd day of May 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 8. FY22 Planning Services Department - In- creased Fees (4%): City Manager recom- mended approval of a 4% increase for FY22 Planning Services Department fees. Upon mo- tion the documents were received and filed and Resolution No. 137-21 Rescinding Resolution No. 46-18, Establishing a Schedule of Develop- ment Services Fees, and adopting in lieu thereof a new Schedule of Development Ser- vices Fees as provided in Title 16 of the City of Dubuque Code of Ordinances, Unified Devel- opment Code was adopted. RESOLUTION NO. 137-21 RESCINDING RESOLUTION NO. 46-18, ES- TABLISHING A SCHEDULE OF DEVELOP- MENT SERVICES FEES, AND ADOPTING IN LIEU THEREOF A NEW SCHEDULE OF DE- VELOPMENT SERVICES FEES AS PRO- VIDED IN TITLE 16 OF THE CITY OF DUBU- QUE CODE OF ORDINANCES, UNIFIED DE- VELOPMENT CODE Whereas, the City Council of the city of Dubuque, Iowa establishes by resolution cer- tain fees for development services pursuant to the Unified Development Code, pursuant to the attached schedule of Development Services Fees for the Planning Services Department. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. Resolution No. 46-18 and its Schedule of Fees is hereby rescinded effective July 1, 2021. Section 2. That the attached Fee Schedule for the Planning Services Department is hereby approved. Section 3. That the attached Fee Schedule shall take effect on July 1, 2021. Passed, ap- proved, and adopted this 3rd day of May 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk PLANNING SERVICES DEPARTMENT FEE SCHEDULE - EFFECTIVE JULY 1, 2021 DEVELOPMENT SERVICES, FEE Amended Planned District (PUD), $448, +$2/notice* Appeal, $75 Billboard Inspection Fee, $56, /billboard/year Conditional Use Permit, $374, + $2/notice Electronic Message Sign Inspection Fee, $56, /sign/year Extension of Subdivision Bonding, $41 Final Plat/Major Subdivision, $298 Flood Plain Permit, $150 Flood Way Permit, $748 Limited Setback Waiver, $75 Major Site Plan, $340 Maps, Ordinances and Reports, $10, to $30/document*** Minor Site Plan, $190 Minor Subdivision Plat, $298 New Planned District (PUD), $748, +$2/no- tice** Preliminary Plat/Major Subdivision, $598 Rezoning, $448, +$2/notice* Sign Permit Reviews, $41 Simple Site Plan, $75 Simple Subdivision -Staff Review, $52 Simple Subdivision -Council Action Required, $298 Special Exception, $150 Temp. Use Permit: Off -Premise Retail, $60 Temp. Use Permit: On -Premise Seasonal, $128 Text Amendment, $298 Variance, $374, + $2/notice Waiver from Site Design Standards, $374 HISTORIC PRESERVATION, FEE Design Review (Including Economic Non -Via- bility and Demolition), $150 Note: *Maximum Fee Cap of $1,000 applies to rezonings and amended PUDs. **Maximum Fee Cap of $2,000 applies to new PUDs. *** Additional charge for oversized or color copies 9. Recommendation in Response to City of Sageville Annexation Proposal: City Manager transmitted information about the City of Sage- ville annexation history and recommends that the City Council direct the City Manager to for- ward this information onto the City Develop- ment Review Board. It is further recommended, regarding the most recent annexation request from the Sageville City Clerk / Treasurer, that the City of Dubuque take a neutral position (nei- ther for nor against) the proposed annexation. Upon motion the documents were received, filed, and approved. Book 151 Regular Session, May 3, 2021 173 10. Thank You Letter to Greater Dubuque Development Corporation (GDDC) from the Dubuque County Public Health Incident Man- agement Team (IMT): Correspondence from the Dubuque County Public Health Incident Management Team (IMT) acknowledging Greater Dubuque Development Corporation (GDDC) and its partners in assisting the IMT with vaccination of essential workers in the community. Upon motion the documents were received and filed. 11. Improvement Contracts / Performance, Payment and Maintenance Bonds: 2021 As- phalt Overlay Ramp Project Two; 2021 Asphalt Overlay Ramp Project Three; Eagle Point Park Bridge Pavilion Roof Replacement Project. Upon motion the documents were received, filed, and approved. 12. Signed Contract(s): Vendor Service Agreement with Graymont Western Lime for Eagle Point Water Plant High Calcium Quick- lime. Upon motion the documents were re- ceived and filed. 13. DuRide Financial Support Related to Free Rides to COVID-19 Vaccine Clinics: City Manager recommended a one-time payment to DuRide for $5,000, recognizing them for the free rides they have been providing all Dubuque area residents to COVID-19 vaccine clinics. Upon motion the documents were received, filed, and approved. 14. Acceptance of the City Hall Sidewalk Heating Boilers and Sensor System: City Man- ager recommended acceptance of the con- struction contract for the City Hall Sidewalk Heating Boilers and Sensor System, as com- pleted by Portzen Construction, in the final con- tract amount of $77,106. Upon motion the doc- uments were received and filed and Resolution No. 138-21 Accepting the City Hall Sidewalk Heating Boilers and Sensor System and author- izing the payment to the contractor was adopted. RESOLUTION NO. 138-21 ACCEPTING THE CITY HALL SIDEWALK HEATING BOILERS AND SENSOR SYSTEM AND AUTHORIZING THE PAYMENT TO THE CONTRACTOR Whereas, the public improvement contract for the City Hall Sidewalk Heating Boilers and Sensor System, (the Project) has been com- pleted by the Contractor, Portzen Construction, Inc. (Contractor), the City Engineer has exam- ined the work and recommends that the Project be accepted; and Whereas, the final contract amount for the Project is $77,106.00; and Whereas, the Contractor has previously been paid $69,395.40, leaving a balance of $7,710.60; and Whereas, the City Council finds that the rec- ommendation 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 $7,710.60 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 3rd day of May 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF CITY HALL SIDEWALK HEATING BOILERS AND SENSOR SYSTEM The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the City Hall Sidewalk Heating Boil- ers and Sensor System has been performed in compliance with the terms of the Public Im- provement Contract, and that the total cost of the completed work is $77,106.00. Dated this 27t" day of April 2021. /s/Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 27tn day of April 2021. /s/Adrienne N. Breitfelder, City Clerk 15. Dubuque Smart Traffic Routing with Ef- ficient and Effective Traffic System (STREETS) Project Vendor Selection: City Manager recom- mended approval of the selection of PARSONS as the consultant to provide services to design and implement the Smart Traffic Routing with Efficient and Effective Traffic System (STREETS) project and authorize initiation of contract negotiations with PARSONS. Upon motion the documents were received, filed, and approved. 16. Alcohol License Applications: City Man- ager recommended approval of annual liquor, beer, and wine license applications as submit- ted. Upon motion the documents were received and filed and Resolution No. 139-21 Approving applications for beer, liquor, and/or wine per- mits, as required by City of Dubuque Code of Ordinances Title 4 Business and License Reg- ulations, Chapter 2 Liquor Control, Article B Liq- uor, Beer and Wine Licenses and Permits was adopted. 174 Regular Session, May 3, 2021 Book 151 RESOLUTION NO. 139-21 APPROVING APPLICATIONS FOR BEER, LIQUOR, AND/OR WINE PERMITS, AS RE- QUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LI- CENSE REGULATIONS, CHAPTER 2 LIQ- UOR CONTROL, ARTICLE B LIQUOR, 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 author- ized and directed to cause to be issued the noted permit types to the following applicants pending submission of the locally required doc- umentation: Renewals Catfish Charlie's, 1630 East 16th St. Foodie Garage Eatery, 1091 University Ave. Liquor, Tobacco and Grocery, 1998 Jackson St. Marco's Italian American Food, 2022 Central Ave. Old Chicago Pizza and Taproom, 3100 Dodge St. Olive Garden Italian Restaurant, 3350 Dodge St. Paro Food Mart, 3200 Central Ave. Ron's Five Point Mart, 405 Rhomberg Ave. Stone Cliff Winery, 600 Star Brewery Dr. Whiskey River, 1070 University Ave. Special Events Jubeck New World Brewing , Location indicated on application for Mid -Week Market Passed, approved, and adopted this 3rd day of May 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 Far- ber. Motion carried 7-0. 1. Agreement with Affordable Housing Net- work, Inc. (AHNI) for Re -Development of Bishop Block, 90 Main Street: City Manager recommended the City Council set a public hearing for May 17, 2021 on a Development Agreement with Affordable Housing Network, Inc. (AHNI) for the re -development of Bishop Block, 90 Main Street. Upon motion the docu- ments were received and filed and Resolution No. 140-21 Intent to dispose of an interest in City of Dubuque real estate pursuant to a De- velopment Agreement with Affordable Housing Network, Inc. providing for the release of a mortgage and setting a time and place for hear- ing and providing for the publication of notice thereof was adopted, setting a public hearing for a meeting to commence at 6:30 p.m. on May 17, 2021. RESOLUTION NO. 140-21 INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE REAL ESTATE PURSU- ANT TO A DEVELOPMENT AGREEMENT WITH AFFORDABLE HOUSING NETWORK, INC. PROVIDING FOR THE RELEASE OF A MORTGAGE AND SETTING A TIME AND PLACE FOR HEARING AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF Whereas, Bishop's Block Limited Partner- ship, an Iowa limited partnership (Bishop's Block), is the owner of the property at 90 Main Street, Dubuque, Iowa, legally described as fol- lows: Lots 1 and 2 of the West'/z of Block 1 of Dubuque Harbor Co's Addition, in the City of Dubuque, Iowa, according to the rec- orded plat thereof, and Lot 531 and the North''/z of Lot 532 in the City of Dubuque, Iowa, according to the United States Com- missioner's Map of the Town of Dubuque, Iowa (the Property); and Whereas, the City of Dubuque (City) en- tered into an Amended and Restated Loan Agreement (the Loan Agreement) dated March 5, 1999, as amended, with Bishop's Block; and Whereas, pursuant to the Loan Agreement, City loaned to Bishop's Block $350,000 secured by a Promissory Note and Mortgage on the Property dated March 5, 1999, filed May 7, 1999, Instrument Number 7663-99, Records of the Dubuque County, Iowa Recorder; and Whereas, the Note and Mortgage remain unsatisfied; and Whereas, Bishop's Block has entered into a Real Estate Sales Agreement to sell the Prop- erty to Affordable Housing Network, Inc. (AHNI); and Whereas, the Loan Agreement requires City to consent to the sale of the Property; and Whereas, City and AHNI have tentatively entered into a Development Agreement with City for to the Property, a copy of which is at- tached hereto; and Whereas, pursuant to the Development Agreement City agrees to consent to the sale of the Property, terminate the Loan Agreement, cancel the Note and release the Mortgage, sub- ject to the terms and conditions set forth in the Development Agreement; and Book 151 Regular Session, May 3, 2021 175 Whereas, approving the Development Agreement releasing the Mortgage requires a public hearing; and Whereas, the City Council finds that it is in the best interests of the City of Dubuque to ap- prove the Development Agreement including the release of the Mortgage. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of City intends to dispose of City's interest in the foregoing -de- scribed real property pursuant to the proposed Development Agreement including the release of the Mortgage. Section 2. The City Clerk is hereby author- ized and directed to cause this Resolution and a Notice to be published as prescribed by Iowa Code § 364.7 of a public hearing on City's intent to dispose of the foregoing -described real prop- erty, to be held on the 17th day of May 2021, at 6:30 o'clock p.m. in the City Council Chambers at the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa Passed, approved, and adopted this 3r6 day of May 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 op- tions. The City Council agenda can be ac- cessed at https://cityofdubugue.novu- saaenda.com/AgendaPublic/ or by contacting the City Clerk's Office at 563-589-4100, ctyclerk(d)cityofdubug ue.org.] BOARDS/COMMISSIONS 1. Applications were reviewed for the follow- ing Boards and Commissions. Applicants were invited to address the City Council regarding their desire to serve on the following Boards/Commissions. i. Zoning Advisory Commission: One, 3- Year term through July 1, 2023 (Vacant term of Smith) Applicant: Teri Zuccaro, 1765 Plymouth Ct. This commission is subject to the State of Iowa Gender Balance Law. 7 Commissioners total; currently 3 males/ 3 females/ 1 opening 2. Appointments were made to the following commission: i. Human Rights Commission: One, 3-Year term through January 1, 2022 (Vacant term of Hammel Jr.) Applicants: Jake Kurczek, 1110 Victoria PI.; Nichole Weber, 535 South Grandview Ave. This commission is subject to the State of Iowa Gender Balance Law. 9 Com- missioners total; currently 3 males/ 5 females/ 1 opening. Upon roll call vote, the City Council unanimously appointed Mr. Kurczek to the 3- yearterm. PUBLIC HEARINGS 1. Fiscal Year 2021 Second Budget Amend- ment: Proof of publication on notice of public hearing to consider City Council approval of the second Fiscal Year 2021 Budget Amendment, which amends the Fiscal Year 2021 budget for City Council actions since the first amendment to the Fiscal Year 2021 budget was adopted in September 2020 and adjustments to reflect new grants, and City Manager recommended approval. Motion by Jones to receive and file the documents and adopt Resolution No. 141- 21 Record of Hearing and Adoption of Budget Amendment. Seconded by Cavanagh. Staff stated that no online public input had been re- ceived for this item. Motion carried 7-0. Continued on next page) 176 Regular Session, May 3, 2021 Book 151 RECORD OF HEARING AND ADOPTION OF BUDGET AMENDMENT DUBUQUE Fiscal Year July 1, 2020 - June 30, 2021 Dubuque conducted a public hearing for the propose of amending the current budget for the fiscal year end- ing June 30, 2021 Meeting Date: Meeting Time: Meeting Location: 5/3/2021 06:30 PM Virtual The governing body of the DUBUQUE met with a quorum present and found that the notice of time and place of the hearing had been published as required by law and that the affidavit of publication is on file with the county auditor. After hearing public comment, the governing body took up the amendment to the budget or final consideration and determined that said budgeted ex enditures be amended as follows: REVENUES and OTHER FINANCING SOURCES Total Budget as Certified or Last Amended Current Amend- ment Total Budget After Current Amendment Taxes Levied on Property 1 25,460,125 0 25,460,125 Less: Uncollected Delinquent Taxes - Levy Year 2 0 0 0 Net Current Property Tax 3 25,460,125 0 25,460,125 Delinquent Property Tax Revenue 4 0 0 0 TIF Revenues 5 12,012,920 0 12,012,920 Other City Taxes 6 19,082,662 0 19,082,662 Licenses and Permits 7 2,165,445 0 2,165,445 Use of Money and Property 8 15,630,983 38,218 15,669,201 Intergovernmental 9 104,793,724 -689,482 104,104,242 Charges for Service 10 46,068,089 0 46,068,089 Special Assessments 11 360,000 0 360,000 Miscellaneous 12 12,016,115 5,975,162 17,991,277 Other Financing Sources 13 34,561,773 24,552,769 59,114,542 Transfers In 14 43,442,369 -623,388 42,818,981 Total Revenues and Other Sources 15 315,594,205 29,253,279 344,847,484 EXPENDITURES and OTHER FI- NANCING USES Public Safety 16 31,811,229 -71,579 31,739,650 Public Works 17 15,095,981 0 15,095,981 Health and Social Services 18 1,175,185 0 1,175,185 Culture and Recreation 19 14,167,403 604,433 14,771,836 Community and Economic Develop- ment 20 14,925,761 545,915 15,471,676 General Government 21 11,073,541 412,900 11,486,441 Debt Service 22 10,984,916 22,150,910 33,135,826 Capital Projects 231 87,784,146 -639,428 87,144,718 Total Government Activities Expendi- tures 24 187,018,162 23,003,151 210,021,313 Business Type/Enterprise 25 92,188,747 6,010,774 98,199,521 Total Gov Activities and Business Expenditures 26 279,206,909 29,013,925 308,220,834 Transfers Out 27 43,442,369 -623,388 42,818,981 Total Expenditures/Transfers Out 28 322,649,278 28,390,537 351,039,815 Excess Revenues and Other Sources Over (Under) Expendi- tures/Transfers Out 29 -7,055,073 862,742 -6,192,331 Beginning Fund Balance July 1, 2020 30 68,889,1391 01 68,889,139 Ending Fund Balance June 30, 2021 31 61,834,0661 862,7421 62,696,808 Explanation of Changes: This amendment adds additional revenue from grants received, private funding, debt refunding, and the appropriation to spend the monies. Adjustments to reflect actual budget of projects. Passed, adopted, and approved this V day of April 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk Book 151 Regular Session, May 3, 2021 177 2. Sale of City -Owned Property at 1659 Iowa Street: Proof of publication on notice of public hearing to consider City Council approval of the disposition of City -owned real property lo- cated at 1659 Iowa Street to GT Investments for $100, and City Manager recommended ap- proval. Motion by Cavanagh to receive and file the documents and adopt Resolution No. 142- 21 Disposing of City interest in real estate lo- cated at 1659 Iowa Street, in the City of Dubu- que, Iowa. Seconded by Roussell. Tim John- stad, 1255 Southern Ave., questioned the low price of the property sale and requested the City Council reject this proposal and issue a new RFP. Housing and Community Development Director Alexis Steger stated that this property must be rehabilitated quickly due to the roof col- lapsing. City Manager Van Milligen stated that the City often acquires properties that are not in a good state, frequently leading to demolishing the properties or paying property owners to ac- quire them. City Attorney Brumwell provided an overview of the petition process. City Council expressed concern over acquiring properties with significant disrepair and referenced City Council's recent discussions on historic proper- ties. Motion carried 7-0. RESOLUTION NO. 142-21 DISPOSING OF CITY INTEREST IN REAL ESTATE LOCATED AT 1659 IOWA STREET, IN THE CITY OF DUBUQUE, IOWA Whereas, the City Council, by Resolution No. 122-21, dated April 19, 2021, declared its intent to dispose of City interest in real property located at 1659 Iowa Street, legally described as: The South 57 feet of the North 107 feet of the E'/z of out Lot 746 in the City of Dubu- que, Iowa, according to the United States Commissioners' Map of the Town of Dubu- que, Iowa - and locally known as 1659, 1665, 1671 and 1677 Iowa Street; and Whereas, pursuant to published notice, a public hearing was held on the proposed dispo- sition on May 3, 2021, at 6:30 p.m. in the His- toric Federal Building, 350 W. 6th Street, Dubu- que, Iowa; and Whereas, GT Development, LLC has signed an offer to purchase; and Whereas, GT Development, LLC will reha- bilitate the property; and Whereas, the City Council finds that it is in the best interest of the City to approve the dis- position of such interest in the Property to GT Development, LLC. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque hereby approves the disposition of the City's interest in the following legally described property: The South 57 feet of the North 107 feet of the E'/z of Out Lot 746 in the City of Dubuque, Iowa, according to the United States Commissioners' Map of the Town of Dubuque, Iowa - and locally known as 1659, 1665, 1671 and 1677 Iowa Street. Section 2. That the Mayor is hereby author- ized and directed to provide a Special Warranty Deed to the buyer, conveying the City's interest to GT Development, LLC for the herein -de- scribed real estate. Section 3. That the City Clerk is hereby au- thorized and directed to cause said Special Warranty Deed to be recorded in the Office of the Dubuque County Recorder. Passed, approved, and adopted this 3rd day of May 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breiffelder, City Clerk 3. 2021 Asphalt Overlay Ramp Project 4: Proof of publication on notice of public hearing to consider City Council approval of the plans, specifications, form of contract and the esti- mated cost of $196,699.29 for the 2021 Asphalt Overlay Ramp Project 4, and City Manager rec- ommended approval. Motion by Cavanagh to receive and file the documents and adopt Res- olution No. 143-21 Approval of plans, specifica- tions, form of contract, and estimated cost for the 2021 Asphalt Overlay Ramp Project 4. Se- conded by Sprank. Staff stated that no online public input had been received forthis item. Mo- tion carried 7-0. RESOLUTION NO. 143-21 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE 2021 ASPHALT OVERLAY RAMP PROJECT 4 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the 2021 Asphalt Overlay Ramp Project 4, in the esti- mated amount $162,561.40, are hereby ap- proved. Passed, adopted, and approved this 3rd day of April 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk PUBLIC INPUT Due to the COVID-19 pandemic and man- dates for social distancing, public input was made available through GoToMeeting chat function and the City Clerk email account. Tim Johnstad, 1255 Southern Ave., requested City Council modify the Face Covering Ordinance 178 Regular Session, May 3, 2021 Book 151 to a strong mask recommendation, and refer- enced recent recommendations from the Cen- ters for Disease Control (CDC). ACTION ITEMS 1. Dubuque Community School District Recognition of Mary Rose Corrigan: City Man- ager transmitted correspondence from Stan Rheingans, Superintendent of Dubuque Com- munity School District, recognizing Public Health Specialist Mary Rose Corrigan for her service as the district's primary liaison with the Dubuque County Public Health Incident Man- agement Team. Motion by Resnick to receive and file the information. Seconded by Roussell. Motion carried 7-0. 2. 2021 Ken Kringle Awards Presentation: Historic Preservation Commission Chairperson Bill Doyle and Assistant Planner Chris Olson gave a power point presentation on the 2021 Ken Kringle Award winners. Locations of the award winners were: 245 West 1st Street- Mon- tana House; 278 West 17th Street — Howie Block; 2501 Jackson Street; 2243 Central Ave- nue; 1175 Langworthy Street —Whitney House; 1638 Central Avenue. Motion by Resnick to re- ceive and file the information and view the presentation. Seconded by Cavanagh. Motion carried 7-0. 3. Moody's Investors Service Credit Opinion Report on General Obligation Bonds: City Man- ager submitted the credit opinion report from Moody's Investors Service on the outstanding general obligation bonds in conjunction with the issuance of Series 2021A and Series 2021B general obligation bonds. Motion by Cavanagh to receive and file the information. Seconded by Farber. Motion carried 7-0. 4. Proceedings for Directing Sale of $29,395,000 Tax Exempt General Obligation Bonds, Series 2021A and $12,495,000 Taxable General Obligation Bonds, Series 2021 B and Awarding Bonds to Best Bidder: City Manager recommended City Council approval of the sug- gested proceedings for directing sale of the $29,395,000 Tax Exempt General Obligation Bonds, Series 2021A and $12,495,000 Taxable General Obligation Bonds, Series 2021 B and awarding bonds to the best bidder. Motion by Resnick to receive and file the documents and adopt Resolution No. 144-21 Directing sale of $29,395,000* (subject to adjustment per terms of offering) General Obligation Bonds, Series 2021A; Resolution No. 145-21 Directing Sale of $12,945,000* (subject to adjustment per terms of offering) Taxable General Obligation Bonds, Series 2021 B; Resolution No. 146-21 Authoriz- ing the Redemption of Outstanding General Obligation Urban Renewal Bonds, Series 2012A, of the City of Dubuque, State of Iowa, dated March 15, 2012, and directing notice be given; Resolution No. 147-21 Authorizing the Redemption of Outstanding General Obligation Bonds, Series 2012B, of the City of Dubuque, State of Iowa, dated March 15, 2012, and di- recting notice be given; Resolution No. 148-21 Authorizing the Redemption of Outstanding General Obligation Bonds, Series 2012E, of the City of Dubuque, State of Iowa, Dated Decem- ber 10, 2012, and directing notice be given; Resolution No. 149-21 Authorizing the Re- demption of Outstanding General Obligation Urban Renewal Bonds, Series 2012H, of the City of Dubuque, State of Iowa, dated Decem- ber 10, 2012, and directing notice be given; Resolution No. 150-21 Authorizing the Re- demption of Outstanding Taxable General Ob- ligation Bonds, Series 2012C, of the City of Dubuque, State of Iowa, dated June 28, 2012, and directing notice be given; Resolution No. 151-21 Authorizing the Redemption of Out- standing Taxable General Obligation Bonds, Series 2012F, of the City of Dubuque, State of Iowa, dated December 10, 2012, and directing notice be given; Resolution No. 152-21 Author- izing the Redemption of Outstanding General Obligation Capital Loan Notes, Series 2014B, of the City of Dubuque, State of Iowa, dated De- cember 8, 2014, and directing notice be given; Resolution No. 153-21 Authorizing the Re- demption of Outstanding Taxable General Ob- ligation Capital Loan Notes, Series 2014C, of the City of Dubuque, State of Iowa, dated De- cember 8, 2014, and directing notice be given. Seconded by Jones. Director of Finance and Budget Jenny Larson introduced Tionna Pooler, President of Independent Public Advi- sors, who provided a verbal presentation on the award of bids. Motion carried 7-0. RESOLUTION NO. 144-21 DIRECTING SALE OF $29,395,000* (SUB- JECT TO ADJUSTMENT PER TERMS OF OF- FERING) GENERAL OBLIGATION BONDS, SERIES 2021A Whereas, bids have been received for the Bonds described as follows and the best bid re- ceived (with permitted adjustments, if any) is determined to be the following: $29,395,000* (SUBJECT TO ADJUST- MENT PER TERMS OF OFFERING) GEN- ERAL OBLIGATION BONDS, SERIES 2021A Bidder: FHN Financial Capital Markets of New York, NY The terms of award: Final Par Amount as ad- justed: $29,395,000.00 Purchase Price as adjusted: $30,648,255.78 True Interest Rate: 1.362773% Net Interest Cost: $2,995,411.16 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, STATE OF IOWA: Book 151 Regular Session, May 3, 2021 179 Section 1 That the bid for the Bonds as above set out is hereby determined to be the best and most favorable bid received and, the Bonds are hereby awarded as described above. Section 2. That the statement of information for Bond bidders and the form of contract for the sale of the Bonds are hereby approved and the Mayor and Clerk are authorized to execute the same on behalf of the City. Section 3. That the notice of the sale of the Bonds heretofore given and all acts of the Clerk done in furtherance of the sale of the Bonds are hereby ratified and approved. Passed and approved this 3rd day of May 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk RESOLUTION NO. 145-21 DIRECTING SALE OF $12,945,000* (SUB- JECT TO ADJUSTMENT PER TERMS OF OF- FERING) TAXABLE GENERAL OBLIGATION BONDS, SERIES 2021 B Whereas, bids have been received for the Bonds described as follows and the best bid re- ceived (with permitted adjustments, if any) is determined to be the following: $12,945,000* (Subject To Adjustment Per Terms Of Offering) Taxable General Obligation Bonds, Series 2021 B Bidder: UMB Bank N.A. of Kansas City, MO The terms of award: Final Par Amount as ad- justed: $12,945,000.00 Purchase Price as adjusted: $ 13,264,961.24 True Interest Rate: 1.623106% Net Interest Cost: $1,511,319.59 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, STATE OF IOWA: Section 1. That the bid for the Bonds as above set out is hereby determined to be the best and most favorable bid received and, the Bonds are hereby awarded as described above. Section 2. That the statement of information for Bond bidders and the form of contract for the sale of the Bonds are hereby approved and the Mayor and Clerk are authorized to execute the same on behalf of the City. Section 3. That the notice of the sale of the Bonds heretofore given and all acts of the Clerk done in furtherance of the sale of the Bonds are hereby ratified and approved. Passed and approved this 3rd day of May 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk RESOLUTION NO. 146-21 AUTHORIZING THE REDEMPTION OF OUT- STANDING GENERAL OBLIGATION URBAN RENEWAL BONDS, SERIES 2012A, OF THE CITY OF DUBUQUE, STATE OF IOWA, DATED MARCH 15, 2012, AND DIRECTING NOTICE BE GIVEN Whereas, the City did by resolution dated February 20, 2012, authorize the issuance of $4,380,000 General Obligation Urban Renewal Bonds, Series 2012A, (the "Bonds") dated March 15, 2012; and Whereas, the Bonds are redeemable in any order of their numbering on June 1, 2020, or any date thereafter upon giving notice in the manner provided in the resolution authorizing the issuance of the Bonds; and Whereas, it is deemed necessary and ad- visable that $2,665,000 be so redeemed on June 4, 2021, and notice of redemption be given according to the terms of the resolution authorizing issuance of the Bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, STATE OF IOWA: Section 1. That outstanding General Obliga- tion Urban Renewal Bonds dated March 15, 2012, in the principal amount of $2,665,000, be and the same are hereby redeemed as of June 4, 2021. Section 2. The Registrar and Paying Agent, Wells Fargo Bank, is hereby authorized and di- rected to cause notice of such redemption be given not less than thirty (30) days prior to the redemption date and to cause notice of re- demption to be mailed to the registered owners of the Bonds by first class mail, and to notify DTC. Section 3. The Finance Director is hereby authorized and directed to cause to be depos- ited in a separate fund such sum that is suffi- cient to pay all principal and interest on the re- deemed Bonds to the date of redemption and to notify the City's dissemination agent to post the Notice of Redemption to the MSRB's website (EMMA) in searchable PDF format for the re- funded Bonds in accordance with the Continu- ing Disclosure Certificate for the Bonds. Section 4. That the form of such notice be substantially as [provided]: Passed and approved this 3rd day of May 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breiffelder, City Clerk RESOLUTION NO. 147-21 AUTHORIZING THE REDEMPTION OF OUT- STANDING GENERAL OBLIGATION BONDS, SERIES 2012B, OF THE CITY OF DUBUQUE, STATE OF IOWA, DATED MARCH 15, 2012, AND DIRECTING NOTICE BE GIVEN Whereas, the City did by resolution dated February 20, 2021, authorize the issuance of $7,495,000 General Obligation Bonds, Series 2012B, (the "Bonds") dated March 15, 2012; and 180 Regular Session, May 3, 2021 Book 151 Whereas, the Bonds are redeemable in any order of their numbering on June 1, 2020, or any date thereafter upon giving notice in the manner provided in the resolution authorizing the issuance of the Bonds; and Whereas, it is deemed necessary and ad- visable that $4,515,000 be so redeemed on June 4, 2021, and notice of redemption be given according to the terms of the resolution authorizing issuance of the Bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, STATE OF IOWA: Section 1. That outstanding General Obliga- tion Bonds dated March 15, 2012, in the princi- pal amount of $4,515,000, be and the same are hereby redeemed as of June 4, 2021. Section 2. The Registrar and Paying Agent, Wells Fargo Bank, N.A., is hereby authorized and directed to cause notice of such redemp- tion be given not less than thirty (30) days prior to the redemption date and to cause notice of redemption to be mailed to the registered own- ers of the Bonds by certified mail, and to notify DTC. Section 3. The Director of Finance and Budget is hereby authorized and directed to cause to be deposited in a separate fund such sum that is sufficient to pay all principal and in- terest on the redeemed Bonds to the date of re- demption and to notify the City's dissemination agent to post the Notice of Redemption to the MSRB's website (EMMA) in searchable PDF format for the refunded Bonds in accordance with the Continuing Disclosure Certificate for the Bonds. Section 4. That the form of such notice be substantially as [provided]: Passed and approved this 3rd day of May 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk RESOLUTION NO. 148-21 AUTHORIZING THE REDEMPTION OF OUT- STANDING GENERAL OBLIGATION BONDS, SERIES 2012E, OF THE CITY OF DUBUQUE, STATE OF IOWA, DATED DE- CEMBER 10, 2012, AND DIRECTING NOTICE BE GIVEN Whereas, the City did by resolution dated November 19, 2012, authorize the issuance of $3,640,000 General Obligation Bonds, Series 2012E, (the "Bonds") dated December 10, 2012; and Whereas, the Bonds are redeemable in any order of their numbering on June 1, 2018, or any date thereafter upon giving notice in the manner provided in the resolution authorizing the issuance of the Bonds; and Whereas, it is deemed necessary and ad- visable that $1,965,000 be so redeemed on June 4, 2021, and notice of redemption be given according to the terms of the resolution authorizing issuance of the Bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, STATE OF IOWA: Section 1. That outstanding General Obliga- tion Bonds dated December 10, 2012, in the principal amount of $1,965,000, be and the same are hereby redeemed as of June 4, 2021. Section 2. The Registrar and Paying Agent, Wells Fargo Bank, N.A., is hereby authorized and directed to cause notice of such redemp- tion be given not less than thirty (30) days prior to the redemption date and to cause notice of redemption to be mailed to the registered own- ers of the Bonds by ordinary mail, and to notify DTC. Section 3. The Director of Finance and Budget is hereby authorized and directed to cause to be deposited in a separate fund such sum as is sufficient to pay all principal and in- terest on the redeemed Bonds to the date of re- demption and to notify the City's dissemination agent to post the Notice of Redemption to the MSRB's website (EMMA) in searchable PDF format for the refunded Bonds in accordance with the Continuing Disclosure Certificate for the Bonds. Section 4. That the form of such notice be substantially as [provided]: Passed and approved this 3rd day of May 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breiffelder, City Clerk RESOLUTION NO. 149-21 AUTHORIZING THE REDEMPTION OF OUT- STANDING GENERAL OBLIGATION URBAN RENEWAL BONDS, SERIES 2012H, OF THE CITY OF DUBUQUE, STATE OF IOWA, DATED DECEMBER 10, 2012, AND DIRECT- ING NOTICE BE GIVEN Whereas, the City did by resolution dated November 19, 2012, authorize the issuance of $2,385,000 General Obligation Urban Renewal Bonds, Series 2012H, (the "Bonds") dated De- cember 10, 2012; and Whereas, the Bonds are redeemable in any order of their numbering on June 1, 2018, or any date thereafter upon giving notice in the manner provided in the resolution authorizing the issuance of the Bonds; and Whereas, it is deemed necessary and ad- visable that $1,410,000 be so redeemed on June 4, 2021, and notice of redemption be given according to the terms of the resolution authorizing issuance of the Bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, STATE OF IOWA: Section 1 That outstanding General Obliga- tion Urban Renewal Bonds dated December 10, 2012, in the principal amount of $1,410,000, Book 151 Regular Session, May 3, 2021 181 be and the same are hereby redeemed as of June 4, 2021. Section 2. The Registrar and Paying Agent, Wells Fargo Bank, N.A., is hereby authorized and directed to cause notice of such redemp- tion be given not less than thirty (30) days prior to the redemption date and to cause notice of redemption to be mailed to the registered own- ers of the Bonds by ordinary mail, and to notify DTC. Section 3. The Director of Finance and Budget is hereby authorized and directed to cause to be deposited in a separate fund such sum as is sufficient to pay all principal and in- terest on the redeemed Bonds to the date of re- demption and to notify the City's dissemination agent to post the Notice of Redemption to the MSRB's website (EMMA) in searchable PDF format for the refunded Bonds in accordance with the Continuing Disclosure Certificate for the Bonds. Section 4. That the form of such notice be substantially as [provided]: Passed and approved this 3rd day of May 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk RESOLUTION NO. 150-21 AUTHORIZING THE REDEMPTION OF OUT- STANDING TAXABLE GENERAL OBLIGA- TION BONDS, SERIES 2012C, OF THE CITY OF DUBUQUE, STATE OF IOWA, DATED JUNE 28, 2012, AND DIRECTING NOTICE BE GIVEN Whereas, the City did by resolution dated June 18, 2012, authorize the issuance of $6,965,000 Taxable General Obligation Bonds, Series 2012C, (the "Bonds") dated June 28, 2012; and Whereas, the Bonds are redeemable in any order of their numbering on June 1, 2019 or any date thereafter upon giving notice in the manner provided in the resolution authorizing the issu- ance of the Bonds; and Whereas, it is deemed necessary and ad- visable that $4,465,000 be so redeemed on June 4, 2021, and notice of redemption be given according to the terms of the resolution authorizing issuance of the Bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, STATE OF IOWA: Section 1. That outstanding Taxable Gen- eral Obligation Bonds dated June 28, 2012, in the principal amount of $4,465,000, be and the same are hereby redeemed as of June 4, 2021. Section 2. The Registrar and Paying Agent, Wells Fargo Bank, N.A., is hereby authorized and directed to cause notice of such redemp- tion be given not less than thirty (30) days prior to the redemption date and to cause notice of redemption to be mailed to the registered own- ers of the Bonds by ordinary mail, and to notify DTC. Section 3. The Director of Finance and Budget is hereby authorized and directed to cause to be deposited in a separate fund such sum as is sufficient to pay all principal and in- terest on the redeemed Bonds to the date of re- demption and to notify the City's dissemination agent to post the Notice of Redemption to the MSRB's website (EMMA) in searchable PDF format for the refunded Bonds in accordance with the Continuing Disclosure Certificate for the Bonds. Section 4. That the form of such notice be substantially as [provided]: Passed and approved this 3'd day of May 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk RESOLUTION NO. 151-21 AUTHORIZING THE REDEMPTION OF OUT- STANDING TAXABLE GENERAL OBLIGA- TION BONDS, SERIES 2012F, OF THE CITY OF DUBUQUE, STATE OF IOWA, DATED DECEMBER 10, 2012, AND DIRECTING NO- TICE BE GIVEN Whereas, the City did by resolution dated November 19, 2012, authorize the issuance of $1,035,000 Taxable General Obligation Bonds, Series 2012F, (the "Bonds") dated December 10, 2012; and Whereas, the Bonds are redeemable in any order of their numbering on June 1, 2018, or any date thereafter upon giving notice in the manner provided in the resolution authorizing the issuance of the Bonds; and Whereas, it is deemed necessary and ad- visable that $140,000 be so redeemed on June 4, 2021, and notice of redemption be given ac- cording to the terms of the resolution authoriz- ing issuance of the Bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, STATE OF IOWA: Section 1. That outstanding Taxable Gen- eral Obligation Bonds dated December 10, 2012, in the principal amount of $140,000, be and the same are hereby redeemed as of June 4, 2021. Section 2. The Registrar and Paying Agent, Wells Fargo Bank, N.A., is hereby authorized and directed to cause notice of such redemp- tion be given not less than thirty (30) days prior to the redemption date and to cause notice of redemption to be mailed to the registered own- ers of the Bonds by ordinary mail, and to notify DTC. Section 3. The Director of Finance and Budget is hereby authorized and directed to cause to be deposited in a separate fund such 182 Regular Session, May 3, 2021 Book 151 sum as is sufficient to pay all principal and in- terest on the redeemed Bonds to the date of re- demption and to notify the City's dissemination agent to post the Notice of Redemption to the MSRB's website (EMMA) in searchable PDF format for the refunded Bonds in accordance with the Continuing Disclosure Certificate for the Bonds. Section 4. That the form of such notice be substantially as [provided]: Passed and approved this 3rd day of May 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk RESOLUTION NO. 152-21 AUTHORIZING THE REDEMPTION OF OUT- STANDING GENERAL OBLIGATION CAPI- TAL LOAN NOTES, SERIES 2014B, OF THE CITY OF DUBUQUE, STATE OF IOWA, DATED DECEMBER 8, 2014, AND DIRECT- ING NOTICE BE GIVEN Whereas, the City did by resolution dated December 1, 2014, authorize the issuance of $18,835,000 General Obligation Capital Loan Notes, Series 2014B, (the "Notes") dated De- cember 8, 2014; and Whereas, the Notes are redeemable in any order of their numbering on June 1, 2021, or any date thereafter upon giving notice in the manner provided in the resolution authorizing the issuance of the Notes; and Whereas, it is deemed necessary and ad- visable that $14,820,000 be so redeemed on June 4, 2021, and notice of redemption be given according to the terms of the resolution authorizing issuance of the Notes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, STATE OF IOWA: Section 1. That outstanding General Obliga- tion Capital Loan Notes dated December 8, 2014, in the principal amount of $14,820,000, be and the same are hereby redeemed as of June 4, 2021. Section 2. The Registrar and Paying Agent, Wells Fargo Bank, N.A., is hereby authorized and directed to cause notice of such redemp- tion be given not less than thirty (30) days prior to the redemption date and to cause notice of redemption to be mailed to the registered own- ers of the Notes by ordinary mail, and to notify DTC. Section 3. The Director of Finance and Budget is hereby authorized and directed to cause to be deposited in a separate fund such sum as is sufficient to pay all principal and in- terest on the redeemed Notes to the date of re- demption and to notify the City's dissemination agent to post the Notice of Redemption to the MSRB's website (EMMA) in searchable PDF format for the refunded Notes in accordance with the Continuing Disclosure Certificate for the Notes. Book 151 Regular Session, May 3, 2021 183 Section 4 That the form of such notice be substantially as [provided]: Passed and approved this 3rd day of May 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk RESOLUTION NO. 153-21 AUTHORIZING THE REDEMPTION OF OUT- STANDING TAXABLE GENERAL OBLIGA- TION CAPITAL LOAN NOTES, SERIES 2014C, OF THE CITY OF DUBUQUE, STATE OF IOWA, DATED DECEMBER 8, 2014, AND DIRECTING NOTICE BE GIVEN Whereas, the City did by resolution dated December 1, 2014, authorize the issuance of $7,615,000 Taxable General Obligation Capital Loan Notes, Series 2014C, (the "Notes") dated December 8, 2014; and Whereas, the Notes are redeemable in any order of their numbering on June 1, 2021, or any date thereafter upon giving notice in the manner provided in the resolution authorizing the issuance of the Notes; and Whereas, it is deemed necessary and ad- visable that $6,885,000 be so redeemed on June 4, 2021, and notice of redemption be given according to the terms of the resolution authorizing issuance of the Notes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, STATE OF IOWA: Section 1. That outstanding General Obliga- tion Capital Loan Notes dated December 8, 2014, in the principal amount of $6,885,000, be and the same are hereby redeemed as of June 4, 2021. Section 2. The Registrar and Paying Agent, Wells Fargo Bank, N.A. is hereby authorized and directed to cause notice of such redemp- tion be given not less than thirty (30) days prior to the redemption date and to cause notice of redemption to be mailed to the registered own- ers of the Notes by ordinary mail, and to notify DTC. Section 3. The Director of Finance and Budget is hereby authorized and directed to cause to be deposited in a separate fund such sum as is sufficient to pay all principal and in- terest on the redeemed Notes to the date of re- demption and to notify the City's dissemination agent to post the Notice of Redemption to the MSRB's website (EMMA) in searchable PDF format for the refunded Notes in accordance with the Continuing Disclosure Certificate for the Notes. Section 4. That the form of such notice be substantially as [provided]: Passed and approved this 3rd day of May 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 5. Proposed Change to Building Code Amendments Modifying Windowsill Height Re- quirements for Existing Properties: City Man- ager recommended City Council approval of an amended ordinance to adopt changes to the In- ternational Property Maintenance Code and the International Existing Building Code. 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 Cavanagh. City Council expressed support of the amendments as a solution to necessary changes that considers the City's diverse hous- ing inventory. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 17-21 Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Building Codes, Article J Property Maintenance Code, Section 14-1 J- 2 International Property Mainte- nance Code Amendments; and Ordinance No. 18-21 Amending City of Dubuque Code of Or- dinances Title 14 Building and Development, Chapter 1 Building Codes, Article K Interna- tional Existing Building Code, Section 14-1 K-2 International Existing Building Code Amend- ments. Seconded by Cavanagh. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 17-21 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND DE- VELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE J PROPERTY MAINTE- NANCE CODE, SECTION 14-1J-2 INTERNA- TIONAL PROPERTY MAINTENANCE CODE AMENDMENTS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. Section 14-1 J-2 of the City of Dubuque Code of Ordinances is amended to read as follows: 14-1J-2: INTERNATIONAL PROPERTY MAINTENANCE CODE AMENDMENTS: The following additions, deletions, modifica- tions, or amendments of the International Prop- erty Maintenance Code, 2018 edition, adopted in section 14-1 J-1 of this article to read as fol- lows: Section 702.4. Emergency escape open- ings. Amended to read: 702.4. Emergency escape openings. Required emergency escape and rescue openings shall be operational from the in- side of the room without the use of keys, tools, or special knowledge. Bars, grilles, grates or similar devices shall be permitted to be placed over emergency escape and 184 Regular Session, May 3, 2021 Book 151 rescue openings provided that the minimum net clear openable area is met, and such devices shall be releasable or removable from the inside without the use of a key, tool, special knowledge, or force greater than that which is required for normal operation of the escape and rescue opening. Where required, existing emergency es- cape and rescue openings shall have a min- imum net clear opening of 4.0 square feet. The minimum net clear opening height di- mension shall not be less than 24 inches. The minimum net clear opening width shall not be less than 20 inches. The net clear opening dimensions shall be the result of normal operation of the opening. Exception: Window replacements per- mitted between April 11, 2016, and the ef- fective date of this ordinance that serve as the required emergency escape and rescue opening will be allowed to remain as long as they meet the following requirements: a. Window was permitted as required by the City of Dubuque. b. Window was approved as code compliant as documented by the City of Dubuque. When windows are provided as the emergency escape and rescue opening, they shall have a finished sill height not more than 48 inches above the floor. An ex- isting finished sill height may exceed 48 inches (1219 mm) above the floor if the fol- lowing conditions are met: a. A platform capable of supporting a live load of 300 pounds shall be perma- nently affixed at the interior of the struc- ture. This platform shall be no lower than 20 inches (508 mm) above the floor and no higher than 36 inches (914 mm) above the floor. The distance from the platform to the finished sill height shall not exceed 36 inches (914 mm). The platform shall extend outward from the wall a minimum of 24 inches (610 mm) and shall be at least as wide as the clear openable width of the window, or another approved method/platform. b. The emergency escape or rescue window shall comply with International Residential Code Section R310.2. c. The building is equipped with smoke alarms installed in accordance with Inter- national Residential Code Section R314. Section 2. This ordinance shall take effect upon publication. Passed, approved, and adopted this 3rd day of May 2021. /s/Roy D. Buol, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 7th day of May 2021. /s/Adrienne N. Breitfelder, City Clerk 6. Greater Dubuque Development Corpora- tion - Board of Directors Membership: Corre- spondence from the Greater Dubuque Develop- ment Corporation requesting confirmation of City of Dubuque representation on its Board of Directors for terms starting July 1, 2021, through June 30, 2022. Motion by Roussell to receive and file the information and refer to City Council. Seconded by Farber. Council Mem- bers Roussell and Resnick both confirmed their interested in continuing to serve on the Board of Directors. Council Member Jones suggested Council Member Roussell amend the motion to re -appoint the members currently serving on the Board of Directors. Council Member Rous- sell amended the motion for Mr. Resnick and herself to continue serving in their roles on the Board of Directors. Seconded by Farber. Mo- tion carried 7-0. 7. City Council Salary Compensation Re- view Process Initiation: City Clerk submitted in- formation for initiating the process of reviewing City Council salary compensation beginning January 1, 2022. Motion by Cavanagh to re- ceive and file the information and refer to the City Council. Seconded by Sprank. City Council discussed the history, previous recommenda- tions, and significance of the City Council Com- pensation Task Force. Mayor Buol requested each City Council Member provide the name and contact information of their selected repre- sentative to the City Clerk by May 17. Point of Order by Cavanagh that his original motion was to receive and file the information and refer to City Council. Council Member Cavanagh re- quested clarification from Mayor Buol if he should amend his motion to reference the pro- cess. After receiving confirmation from the Mayor, Council Member Cavanagh amended his motion to receive and file the information and initiate the City Council Compensation dis- cussion using the previous process for deter- mining Compensation. Seconded by Sprank. Motion carried 7-0. 8. City Council Hybrid Meetings in Council Chambers: City Clerk transmitted information for initiating the discussion of City Council re- turning to Council Chambers for City Council meetings in a hybrid meeting format. Motion by Cavanagh to receive and file the information and refer to the City Council. Seconded by Far- ber. City Clerk Breitfelder responded to ques- tions from the City council regarding the pro- cess for selecting City Council voting order and security in Council Chambers. Council Mem- bers expressed support of the hybrid meeting proposal. Mayor Buol requested additional in- formation, including a potential date for imple- menting this option, at the next City Council Meeting. Motion carried 7-0. Book 151 Regular Session, May 3, 2021 185 COUNCIL MEMBER REPORTS Council Member Sprank reported on the Farmer's Market occurring this past Saturday and the Labor Harvest's Annual Food Givea- way occurring this Saturday. Council Member Cavanagh reported on his recent attendance at the Iowa League of Cities Executive Board Meeting and the discussion centering around the challenges and responses to COVID-19. CLOSED SESSION Motion by Jones to convene in closed ses- sion at 8:35 p.m. to discuss pending litigation and purchase or sale of real estate — Chapter 21.5(1)(c), 0) Code of Iowa. Seconded by Res- nick. Mayor Buol stated for the record that the attorneys who will consult with City Council on the issues to be discussed in the closed session are City Attorney Crenna Brumwell and Attor- ney Les Reddick. Motion carried 7-0. Upon motion, the City Council reconvened in open session at 9:37 p.m. stating that staff had been given proper direction. There being no further business, Mayor Buol declared the meeting adjourned at 9:38 p.m. /s/Adrienne N. Breitfelder, City Clerk 186 Special Session, May 17, 2021 Book 151 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 5:30 p.m. on May 17, 2021. Due to the COVID-19 pandemic and man- dates 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.citvofdubuque.org/me- dia, and streamed live on the City's Facebook page at www.facebook.com/cityofdubugue. Present: Mayor Buol; Council Members Cavanagh, Farber, Jones, Resnick, Roussell, Sprank; City Manager Van Milligen, City Attor- ney 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 quarterly Sustainable Dubuque update. WORK SESSION SUSTAINABLE DUBUQUE QUARTERLY WORK SESSION Sustainable Community Coordinator Gina Bell introduced Abby Willis and David Shimek of Green Iowa AmeriCorps, who provided a presentation on recent Green Iowa AmeriCorps (GIA) initiatives. Topics included: • Free Home Energy Audits • Weatherization • Energy Saver Kits (ESKs) • Education Events • Community Outreach • Community Impact: Community Ser- vices • Community Impact: Energy Services • Partners • GIA in Action Ms. Bell then introduced Michaela Freibruger, of the Dubuque County Energy Dis- trict, who provided a presentation. Topics in- cluded: • Active Iowa Energy Districts • About the Energy District • How the District Works • What the Energy District Does • 2021 DBQCOED Focus • Energy District Updates • The Future • Renter Energy Toolkit • Renter Story collecting The presenters responded to questions from the City Council following their respective presentations. There being no further business, Mayor Buol declared the meeting adjourned at 6:16 p.m. /s/Adrienne N. Breitfelder, City Clerk Book 151 Regular Session, May 17, 2021 187 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on May 17, 2021. Due to the COVID-19 pandemic and man- dates for social distancing, this meeting was conducted virtually and aired live on CityChan- nel 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.face- book.com/cityofdubugue. Present: Mayor Buol; Council Members Cavanagh, Farber, Jones, Resnick, Roussell, Sprank; City Manager Van Milligen, City Attor- ney 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. Women's Leadership Network - Woman of Achievement Awards: Julie Kronlage, of the Women's Leadership Network, recognized the following City of Dubuque employee nominees and award recipients of the Women of Achieve- ment Awards: Cori Burbach; Mary Rose Corri- gan; Jennifer Larson; Alexis Steger; Nicole Sal- azar; and Arielle Swift. The Public Information Office showed a brief video summarizing the achievements of the nominees and award re- cipients. PROCLAMATION(S) 1. Mental Health Month Proclamation (May 2021) was accepted by Vicki Gassman on be- half of Mental Health America of Dubuque County. 2. Peace Officers' Recognition Week Proc- lamation (May 16 - May 22, 2021) was accepted by Assistant Police Chief Jeremy Jensen on be- half of the City of Dubuque Police Department. 3. Asian American and Pacific Islander (AAPI) Day Against Bullying and Hate Procla- mation (May 18, 2021) was accepted by Art Roche and Marlynn Livai on behalf of Inclusive Dubuque and the Pacific Islander Health Pro- ject. 4. Emergency Medical Service Week Proc- lamation (May 16 - May 22, 2021) was accepted by Sam Janecke, Emergency Medical Services (EMS) Supervisor, on behalf of the EMS Teams. CONSENT ITEMS Tim Johnstad, 1255 Southern Ave., re- quested Item No. 19 be held for separate dis- cussion. Motion by Resnick to receive and file the documents, adopt the resolutions, and dis- pose of as indicated, except for Item No. 19. Se- conded by Jones. Motion carried 7-0. 1. Minutes and Reports Submitted: City Council Proceedings of 5/3; Community Devel- opment Advisory Commission of 4/21; Housing Commission of 4/27; Library Board of Trustees of 3/20, 3/22, 3/24, and 3/25; Zoning Advisory Commission of 5/5; Zoning Board of Adjust- ment of 4/22; Proof of Publication for City Coun- cil Proceedings of 4/19. Upon motion the docu- ments were received and filed. 2. Notice of Claims and Suits: Bruce Murphy for property damage. Upon motion the docu- ments were received, filed, and referred to the City Attorney. 3. Disposition of Claims: City Attorney ad- vised that the following claims have been re- ferred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Bruce Murphy for property damage. Upon motion the documents were received, filed, and concurred. 4. Approval of City Expenditures: City Man- ager recommended City Council approval for payment of City expenditures. Upon motion the documents were received and filed, and Reso- lution No. 154-21 Authorizing the Director of Fi- nance and Budget/City Treasurer to make cer- tain payments of bills that must be paid and ap- proved for payment in accordance with City pro- cedures was adopted. RESOLUTION NO. 154-21 AUTHORIZING THE DIRECTOR OF FI- NANCE AND BUDGET / CITY TREASURER TO MAKE CERTAIN PAYMENTS OF BILLS THAT MUST BE PAID AND APPROVED FOR PAYMENT IN ACCORDANCE WITH CITY PROCEDURES 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 188 Regular Session, May 17, 2021 Book 151 services have been pre -audited by Finance De- partment personnel in accordance with gener- ally accepted internal control procedures and have been determined to have been requisi- tioned for a lawful municipal purpose; and Whereas, the Finance Director -City Treas- urer 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 pay- ment of certain expenditures known as Excep- tion 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 Treas- urer is hereby authorized to issue payment for goods and services provided for City purposes in response to the purchase orders and con- tracts issued in compliance with state and mu- nicipal code requirements as requested by des- ignated requisitioning authorities in accordance with approved budget appropriations. Section 2. In accordance with Iowa Code Section 372.13(6), the City Clerk and Finance Director are hereby authorized and directed to provide the statement of receipts and disburse- ments to the City Council, and to publish a sum- mary thereof. Passed, approved, and adopted this 17t" day of May 2021. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk 5. Hiring Clerk for Bus Fare Sales and Park- ing Backup at Intermodal Facility: City Manager recommended authorization to hire a part-time Confidential Account Clerk to facilitate bus pass sales and Parking Account clerk duties. Upon motion the documents were received, filed, and approved. 6. March 31, 2021, Quarterly Investment Report: City Manager transmitted the March 31, 2021 Quarterly Investment Report. Upon mo- tion the documents were received and filed. 7. Proceedings to Complete Action on Issu- ance of $27,995,000 Tax -Exempt General Ob- ligation Bonds, Series 2021A and $12,535,000 Taxable General Obligation Bonds, Series 2021 B: City Manager recommended approval of the suggested proceedings to complete the action required on the recent Series 2021 A and Series 2021 B General Obligation Bonds. Upon motion the documents were received and filed, and Resolution No. 155-21 Appointing Paying Agent, Bond Registrar, and Transfer Agent, Ap- proving the Paying Agent and Bond Registrar and Transfer Agent Agreement and Authorizing the Execution of the Agreement; Resolution No. 156-21 Authorizing and providing for the issu- ance, and levying a tax to pay the Bonds; Ap- proval of the Tax Exemption Certificate and Continuing Disclosure Certificate; Resolution No. 157-21 Appointing Paying Agent, Bond Registrar, and Transfer Agent, Approving the Paying Agent and Bond Registrar and Transfer Agent Agreement and Authorizing the Execu- tion of the Agreement; and Resolution No. 158- 21 Authorizing and providing for the issuance, and levying a tax to pay the Bonds; Approval of the Continuing Disclosure Certificate were adopted. RESOLUTION NO. 155-21 APPOINTING UMB BANK, N.A. OF WEST DES MOINES, IOWA, TO SERVE AS PAYING AGENT, BOND REGISTRAR, AND TRANS- FER AGENT, APPROVING THE PAYING AGENT AND BOND REGISTRAR AND TRANSFER AGENT AGREEMENT AND AU- THORIZING THE EXECUTION OF THE AGREEMENT Whereas, $27,995,000 General Obligation Bonds, Series 2021 A, dated June 2, 2021, have been sold and action should now be taken to provide for the maintenance of records, regis- tration 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 compli- ance with rules, regulations, and requirements governing the registration, transfer and pay- ment 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 COUNCIL OF THE CITY OF DUBUQUE, STATE OF IOWA: Section 1. 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 $27,995,000 General Obligation Bonds, Series 2021A, dated June 2, 2021. Section 2. That the Agreement with UMB Bank, N.A. of West Des Moines, Iowa, is hereby approved and that the Mayor and Clerk are au- thorized to sign the Agreement on behalf of the City. Passed and approved this 17t" day of May 2021. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk Book 151 Regular Session, May 17, 2021 189 RESOLUTION NO. 156-21 AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $27,995,000 GENERAL OBLI- GATION BONDS, SERIES 2021A, AND LEV- YING A TAX TO PAY SAID BONDS; AP- PROVAL OF THE TAX EXEMPTION CERTIF- ICATE AND CONTINUING DISCLOSURE 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 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 acqui- sition, 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 rehabili- tation and improvement of City parks and the acquisition, repair and replacement of facilities, equipment and improvements commonly found in City parks; equipping the fire department; and refunding or refinancing outstanding in- debtedness of the City, including General Obli- gation Bonds, Series 2012A, General Obliga- tion Bonds, Series 2012B, General Obligation Bonds, Series 2012E, General Obligation Ur- ban Renewal Bonds, Series 2012H, and Gen- eral Obligation Bonds, Series 2014B, essential corporate purpose(s), and it is deemed neces- sary and advisable that General Obligation Bonds, to the amount of not to exceed $46,250,000 be authorized for said purpose(s); and Whereas, it is found and determined that the aforesaid adjustment and refunding of present indebtedness is necessary and in the public in- terest and will benefit the City and its taxpayers by restructuring five (5) outstanding issue(s) of Bonds for purposes of more efficient admin- istration thereof; by conforming the debt service requirements to the anticipated receipt of tax funds thereby reducing the impact of delays in the collection of future taxes upon the City's cash flow; and to adjust the requirements of the outstanding indebtedness so as to facilitate the orderly retirement of Bonds anticipated to be is- sued for future capital improvements; and Whereas, it presently appears that the aforesaid benefits may be realized and at the same time savings may be affected in the debt service fund requirements of the City by refund- ing of the Bonds set forth in the schedule set forth as Exhibit "A", attached to this Resolution and made a part hereof by this reference; and Whereas, pursuant to notice published as required by Section 384.25 of the Code of Iowa, this Council has held a public meeting and hear- ing upon the proposal to institute proceedings for the issuance of not to exceed $46,250,000 General Obligation Bonds, and the Council is therefore now authorized to proceed with the is- suance of said Bonds for such purpose(s); and Whereas, the City is in need of funds to pay costs of the acquisition, improvement, and equipping of the fire station and facilities, gen- eral corporate purpose(s), and it is deemed necessary and advisable that General Obliga- tion Bonds, to the amount of not to exceed $700,000 be authorized for said purpose(s); and Whereas, the Issuer has a population of more than 5,000 but not more than 75,000, and the Bonds for these purposes do not exceed $700,000; and Whereas, pursuant to notice published as required by Section 384.26 of the Code of Iowa, the Council of the City has held public meeting and hearing upon the proposal to institute pro- ceedings for the issuance of Bonds for general corporate purpose(s) in the amounts as above set forth, and, no petition for referendum having been received, the Council is therefore now au- thorized to proceed with the issuance of said Bonds for such purpose(s); and Whereas, the City is in need of funds to pay costs of the construction, renovation, remodel- ing, improvement, equipping and repairing of Town Clock Plaza; acquisition and implementa- tion of computer equipment including financial and utility billing software; acquisition and equipping of a light duty minibus, general cor- porate purpose(s), and it is deemed necessary and advisable that General Obligation Bonds, to the amount of not to exceed $700,000 be au- thorized for said purpose(s); and Whereas, the Issuer has a population of more than 5,000 but not more than 75,000, and the Bonds for these purposes do not exceed $700,000; and Whereas, pursuant to notice published as required by Section 384.26 of the Code of Iowa, the Council of the City has held public meeting and hearing upon the proposal to institute pro- ceedings for the issuance of Bonds for general corporate purpose(s) in the amounts as above set forth, and, no petition for referendum having been received, the Council is therefore now au- thorized to proceed with the issuance of said Bonds for such purpose(s); and Whereas, the City is in need of funds to pay costs of acquisition and equipping of a heavy- duty fixed route bus, general corporate pur- pose(s), and it is deemed necessary and advis- able that General Obligation Bonds, to the amount of not to exceed $600,000 be author- ized for said purpose(s); and Whereas, the Issuer has a population of more than 5,000 but not more than 75,000, and the Bonds for these purposes do not exceed $700,000; and 190 Regular Session, May 17, 2021 Book 151 Whereas, pursuant to notice published as required by Section 384.26 of the Code of Iowa, the Council of the City has held public meeting and hearing upon the proposal to institute pro- ceedings for the issuance of Bonds for general corporate purpose(s) in the amounts as above set forth, and, no petition for referendum having been received, the Council is therefore now au- thorized to proceed with the issuance of said Bonds for such purpose(s); and Whereas, pursuant to Section 384.28 of the Code of Iowa, it is hereby found and determined that the various general obligation Bonds au- thorized as hereinabove described shall be combined for the purpose of issuance in a sin- gle issue of $27,995,000 General Obligation Bonds as hereinafter set forth; and Whereas, pursuant to the provisions of Chapter 75 of the Code of Iowa, the above - mentioned Bonds were heretofore sold at public sale and action should now be taken to issue said Bonds conforming to the terms and condi- tions of the best bid received at the advertised public sale. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, STATE OF IOWA: Section 1. Definitions. The following terms shall have the following meanings in this Reso- lution unless the text expressly or by necessary implication requires otherwise: • "Authorized Denominations" shall mean $5,000 or any integral multiple thereof. • "Beneficial Owner" shall mean, whenever used with respect to a Bond, the person in whose name such Bond is recorded as the beneficial owner of such Bond by a Participant on the records of such Partici- pant or such person's subrogee. • "Blanket Issuer Letter of Representations" shall mean the Representation Letter from the Issuer to DTC, with respect to the Bonds. • "Bond Fund" shall mean the fund created in Section 3 of this Resolution. • "Bonds" shall mean $27,995,000 General Obligation Bonds, Series 2021A, author- ized to be issued by this Resolution. • "Cede and Co." shall mean Cede and Co., the nominee of DTC, and any successor nominee of DTC with respect to the Bonds. • "Continuing Disclosure Certificate" shall mean that certain Continuing Disclosure Certificate approved under the terms of this Resolution and to be executed by the Issuer and dated the date of issuance and delivery of the Bonds, as originally exe- cuted and as it may be amended from time to time in accordance with the terms thereof. • "Current Refunded Portion" shall mean $25,375,000 of the Bonds to refund the Refunded Bonds. • "Depository Bonds " shall mean the Bonds as issued in the form of one global certifi- cate for each maturity, registered in the Registration Books maintained by the Registrar in the name of DTC or its nomi- nee. • "DTC" shall mean The Depository Trust Company, New York, New York, which will act as security depository for the Bond pursuant to the Representation Letter. • "Issuer" and "City" shall mean the City of Dubuque, State of Iowa. • "New Money Portion" shall mean $3,709,917.69 of the Bonds, along with a prorate amount of proceeds used for costs of issuance and the capitalized interest fund, issued to pay the costs of the open- ing, 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 acquisition, 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 acqui- sition, repair and replacement of facilities, equipment and improvements commonly found in City parks; equipping the fire de- partment; the acquisition, improvement, and equipping of the fire station and facil- ities; the construction, renovation, remod- eling, improvement, equipping and repair- ing of Town Clock Plaza; acquisition and implementation of computer equipment in- cluding financial and utility billing soft- ware; acquisition and equipping of a light duty minibus; and the acquisition and equipping of a heavy duty fixed route bus. • "Participants" shall mean those broker - dealers, banks and other financial institu- tions for which DTC holds Bonds as secu- rities depository. • "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. • "Project" shall mean the costs of the open- ing, 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 acquisition, installation, and repair of sidewalks, storm sewers, sanitary sewers, water service lines, street lighting, and Book 151 Regular Session, May 17, 2021 191 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 acqui- sition, repair and replacement of facilities, equipment and improvements commonly found in City parks; equipping the fire de- partment; refunding or refinancing out- standing indebtedness of the City, includ- ing General Obligation Bonds, Series 2012A, General Obligation Bonds, Series 2012B, General Obligation Bonds, Series 2012D, General Obligation Bonds, Series 2012E, General Obligation Urban Re- newal Bonds, Series 2012H, General Ob- ligation Bonds, Series 201413; the acquisi- tion, improvement, and equipping of the fire station and facilities; the construction, renovation, remodeling, improvement, 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 the acquisition and equipping of a heavy duty fixed route bus. • "Project Fund" shall mean, as to the New Money Portion, the fund established un- der this Resolution for the deposit of a por- tion of the proceeds to pay the costs of the New Money projects. As to the Current Refunded Portion, "Project Fund" shall mean the portion of the proceeds that will be used, together with interest earnings thereon, to pay the principal, interest and redemption premium, if any, on the Re- funded Bonds. • "Rebate Fund" shall mean the fund so de- fined in and established pursuant to the Tax Exemption Certificate. • "Refunded Bonds" shall mean $2,665,000 of the General Obligation Urban Renewal Bonds, Series 2012A dated March 15, 2012; $4,515,000 General Obligation Bonds, Series 2012B, dated March 15, 2012; $1,965,000 General Obligation Bonds, Series 2012E, dated December 10, 2012; $1,410,000 General Obligation Urban Renewal Bonds, Series 2012H, dated December 10, 2012; $14,820,000 General Obligation Capital Loan Notes, Series 2014B, dated December 8, 2014. • "Registrar" shall mean UMB Bank, N.A. of West Des Moines, Iowa, or such succes- sor as may be approved by Issuer as pro- vided 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. • 'Resolution" shall mean this resolution au- thorizing the Bonds. • "Tax Exemption Certificate" shall mean the Tax Exemption Certificate approved un- der the terms of this Resolution and to be executed by the Treasurer and delivered at the time of issuance and delivery of the Bonds. • "Treasurer" shall mean the Director of Fi- nance and Budget, or such other officer as shall succeed to the same duties and re- sponsibilities with respect to the recording and payment of the Bonds issued hereun- der. Section 2. Levy and Certification of Annual Tax; Other Funds to be Used. a. Levy of Annual Tax. That for the pur- pose of providing funds to pay the principal and interest of the Bonds hereinafter au- thorized to be issued, there is hereby levied for each future year the following direct an- nual tax on all of the taxable property in the City of Dubuque, State of Iowa, to -wit: Amount Fiscal Year (July 1 to June 30) Year of Collection $2,618,344.73 2021/2022* $2,658,700.00 2022/2023 $2,580,900.00 2023/2024 $2,583,800.00 2024/2025 $2,550,800.00 2025/2026 $2,557,600.00 2026/2027 $2,563,400.00 2027/2028 $2,553,200.00 2028/2029 $2,552,300.00 2029/2030 $2,535,500.00 2030/2031 $1,758,100.00 2031 /2032 $1,455,300.00 2032/2033 $1,437,900.00 2033/2034 $235,300.00 2034/2035 $231,200.00 2035/2036 $237,100.00 2036/2037 $232,800.00 2037/2038 $228,500.00 2038/2039 $239,200.00 2039/2040 $234,600.00 2040/2041 * Payable from the Capitalized Interest Fund and available cash on hand. (NOTE: For example, the levy to be made and certified against the taxable valuations of January 1, 2020 will be collected during the fis- cal year commencing July 1, 2021.) b. Resolution to be Filed With County Auditor. A certified copy of this Resolution shall be filed with the Auditor of Dubuque County, Iowa and the Auditor is hereby in- structed in and for each of the years as pro- vided, to levy and assess the tax hereby au- thorized in Section 2 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 192 Regular Session, May 17, 2021 Book 151 the purpose of paying principal and interest on said Bonds issued in anticipation of the tax, and for no other purpose whatsoever. c. Additional City Funds Available. Prin- cipal and interest coming due at any time when the proceeds of said tax on hand shall be insufficient to pay the same shall be promptly paid when due from current funds of the City available for that purpose and re- imbursement shall be made from such spe- cial fund in the amounts thus advanced. Section 3. Bond Fund. Said tax shall be as- sessed 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 "2021 GENERAL OBLIGATION BOND FUND NO. 1" (the "Bond Fund"), which is hereby pledged for and shall be used only for the payment of the principal of and interest on the Bonds hereinafter authorized to be issued; and also there shall be apportioned to said fund its proportion of taxes received by the City from property that is centrally assessed by the State of Iowa. Section 4. Application of Bond Proceeds. Proceeds of the Bonds, other than accrued in- terest except as may be provided below, shall be credited to the Project Fund and expended therefrom for the purposes of issuance. Any amounts on hand in the Project Fund shall be available for the payment of the principal of or interest on the Bonds 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 limitations pro- vided by law or this Resolution. Proceeds invested shall mature before the date which the moneys are required for pay- ment of principal and interest on the Refunded Bonds. Accrued interest, if any, shall be depos- ited in the Bond Fund. Section 5. Investment of Bond Fund Pro- ceeds. All moneys held in the Bond Fund, pro- vided for by Section 3 of this Resolution shall be invested in investments permitted by Chapter 12B, 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 insti- tution shall be continuously secured in compli- ance with Chapter 12C of the Code of Iowa, as amended, or otherwise by a valid pledge of di- rect obligations of the United States Govern- ment 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 Bonds as herein provided. Section 6. Bond Details, Execution and Re- demption. a. Bond Details. General Obligation Bonds of the City in the amount of $27,995,000, shall be issued pursuant to the provisions of Sections 384.25, 384.26 and 384.28 of the Code of Iowa for the aforesaid purposes. The Bonds shall be designated "GENERAL OBLIGATION BOND, SERIES 2021A", be dated June 2, 2021, and bear interest from the date thereof, until payment thereof, at the office of the Paying Agent, said interest payable on December 1, 2021, and semiannually thereafter on the 1st day of June and De- cember in each year until maturity at the rates hereinafter provided. The Bonds shall be executed by the manual or facsimile signature of the Mayor and attested by the manual or facsimile sig- nature of the 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, in- terest 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 denomina- tion of $5,000 or multiples thereof. The Bonds shall mature and bear interest as fol- lows: Principal Amount Interest Rate Maturity June 1s' $2,060,000 2.00% 2022 $2,140,000 2.00% 2023 $2,105,000 2.00% 2024 $2,150,000 2.00% 2025 $2,160,000 2.00% 2026 $2,210,000 2.00% 2027 $2,260,000 2.00% 2028 $2,295,000 2.00% 2029 $2,340,000 2.00% 2030 $2,370,000 2.00% 2031 $1,640,000 2.00% 2032 $1,370,000 2.00% 2033 $1,380,000 2.00% 2034 $205,000 2.00% 2035 $205,000 2.00% 2036 $215,000 2.00% 2037 $215,000 2.00% 2038 $215,000 2.00% 2039 $230,000 2.00% 2040 $230,000 1 2.00% 2041 b. Redemption. i. Optional Redemption. Bonds matur- ing after June 1, 2028, may be called for optional redemption by the Issuer on that date or any date thereafter, from any funds regardless of source, in whole or Book 151 Regular Session, May 17, 2021 193 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. Thirty days' written notice of redemp- tion shall be given to the registered owner of the Bond. Failure to give written notice to any registered owner of the Bonds or any defect therein shall not affect the va- lidity of any proceedings for the redemp- tion of the Bonds. All Bonds or portions thereof called for redemption will cease to bear interest after the specified redemp- tion date, provided funds for their redemp- tion are on deposit at the place of pay- ment. Written notice will be deemed com- pleted upon transmission to the owner of record. If selection by Lot within a maturity is required, the Registrar shall designate the Bonds to be redeemed by random selec- tion of the names of the registered owners of the entire annual maturity until the total amount of Bonds to be called has been reached. If less than all of a maturity is called for redemption, the Issuer will notify DTC of the particular amount of such maturity to be redeemed prior to maturity. DTC will determine by Lot the amount of each Par- ticipant's interest in such maturity to be re- deemed and each Participant will then se- lect by Lot the beneficial ownership inter- ests in such maturity to be redeemed. All prepayments shall be at a price of par plus accrued interest. Section 7. 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 determines to permit the exchange of Depository Bonds for Bonds in Authorized Denominations, 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 said principal amount is prepaid, said principal amount less the prepaid amount). The Bonds must be registered in the name of Cede and Co., as nominee for DTC. Payment of semiannual interest for any Bonds registered in the name of Cede and Co. will be made by wire transfer or New York Clearing House or equivalent next day funds to the account of Cede and Co. on the interest payment date for the Bonds at the address indicated or in the Representation Letter. b. The Bonds will be initially issued in the form of separate single authenticated fully registered bonds in the amount of each stated maturity of the Bonds. Upon initial is- suance, the ownership of the Bonds will be registered in the registry books of the LIMB Bank, N.A. kept by the Paying Agent and Registrar in the name of Cede and Co., as nominee of DTC. The Paying Agent and Registrar and the Issuer may treat DTC (or its nominee) as the sole and exclusive owner of the Bonds registered in its name for the purposes of payment of the principal or redemption price of or interest on the Bonds, selecting the Bonds or portions to be redeemed, giving any notice permitted or required to be given to registered owners of Bonds under the Resolution of the Issuer, registering the transfer of Bonds, obtaining any consent or other action to be taken by registered owners of the Bonds and for other purposes. The Paying Agent, Regis- trar and the Issuer have no responsibility or obligation to any Participant or Beneficial Owner of the Bonds under or through DTC with respect to the accuracy of records maintained by DTC or any Participant; with respect to the payment by DTC or Partici- pant of an amount of principal or redemption price of or interest on the Bonds; with re- spect to any notice given to owners of Bonds under the Resolution; with respect to the Participant(s) selected to receive pay- ment in the event of a partial redemption of the Bonds, or a consent given or other ac- tion taken by DTC as registered owner of the Bonds. The Paying Agent and Registrar shall pay all principal of and premium, if any, and interest on the Bonds only to Cede and Co. in accordance with the Representation Letter, and all payments are valid and effec- tive to fully satisfy and discharge the Issu- er's obligations with respect to the principal of and premium, if any, and interest on the Bonds to the extent of the sum paid. DTC must receive an authenticated Bond for each separate stated maturity evidencing the obligation of the Issuer to make pay- ments of principal of and premium, if any, and interest. Upon delivery by DTC to the Paying Agent and Registrar of written notice that DTC has determined to substitute a new nominee in place of Cede and Co., the Bonds will be transferable to the new nomi- nee in accordance with this Section. c. In the event the Issuer determines that it is in the best interest of the Beneficial Owners that they be able to obtain Bonds certificates, the Issuer may notify DTC and the Paying Agent and Registrar, whereupon DTC will notify the Participants, of the avail- ability through DTC of Bonds certificates. The Bonds will be transferable in accord- ance with this Section. DTC may determine to discontinue providing its services with re- 194 Regular Session, May 17, 2021 Book 151 spect to the Bonds at any time by giving no- tice to the Issuer and the Paying Agent and Registrar and discharging its responsibili- ties under applicable law. In this event, the Bonds will be transferable in accordance with this Section. d. Notwithstanding any other provision of the Resolution to the contrary, so long as any Bond is registered in the name of Cede and Co., as nominee of DTC, all payments with respect to the principal of and premium, if any, and interest on the Bond and all no- tices must be made and given, respectively to DTC as provided in the Representation letter. e. In connection with any notice or other communication to be provided to Bondhold- ers by the Issuer or the Paying Agent and Registrar with respect to a consent or other action to be taken by Bondholders, the Is- suer or the Paying Agent and Registrar, as the case may be, shall establish a record date for the consent or other action and give DTC notice of the record date not less than 15 calendar days in advance of the record date to the extent possible. Notice to DTC must be given only when DTC is the sole Bondholder. f. The Representation Letter is on file with DTC and sets forth certain matters with respect to, among other things, notices, consents and approvals by Bondholders and payments on the Bonds. The execution and delivery of the Representation Letter to DTC by the Issuer is ratified and confirmed. g. In the event that a transfer or ex- change of the Bonds is permitted under this Section, the transfer or exchange may be accomplished upon receipt by the Registrar from the registered owners of the Bonds to be transferred or exchanged and appropri- ate instruments of transfer. In the event Bond certificates are issued to holders other than Cede and Co., its successor as nomi- nee for DTC as holder of all the Bonds, or other securities depository as holder of all the Bonds, the provisions of the Resolution apply to, among other things, the printing of certificates and the method or payment of principal of and interest on the certificates. Any substitute depository shall be desig- nated 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 en- tries. h. The officers of the Issuer are author- ized and directed to prepare and furnish to the purchaser, and to the attorneys approv- ing the legality of Bonds, certified copies of proceedings, ordinances, resolutions and records and all certificates and affidavits and other instruments as may be required to evidence the legality and marketability of the Bonds, and all certified copies, certifi- cates, affidavits and other instruments con- stitute representations of the Issuer as to the correctness of all stated or recited facts. Section 8. Registration of Bonds; Appoint- ment of Registrar; Transfer; Ownership; Deliv- ery; and Cancellation. a. Registration. The ownership of Bonds may be transferred only by the making of an entry upon the books kept for the registra- tion 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 reg- istration 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 Ar- ticle 8 of the Uniform Commercial Code and Section 384.31 of the Code of Iowa, subject to the provisions for registration and transfer contained in the Bonds and in this Resolu- tion. 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 Registrar, along with the address and social security number or federal employer identi- fication 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 regis- tered owner which is the nominee of the bro- ker or dealer in question) is that of a broker or dealer, there must be disclosed on the Registration Books the information pertain- ing to the registered owner required above. Upon the transfer of any such Bond, a new fully registered Bond, of any denomination or denominations permitted by this Resolu- tion in aggregate principal amount equal to the unmatured and unredeemed principal Book 151 Regular Session, May 17, 2021 195 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 prac- ticable time, on the Registration Books, the Bonds, in accordance with the provisions of this Resolution. d. Ownership. As to any Bond, the per- son 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 li- ability upon such Bond, including the inter- est 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 for- ward the cancelled Bonds to the Issuer. f. Non -Presentment of Bonds. In the event any payment check, wire, or elec- tronic transfer of funds representing pay- ment of principal of or interest on the Bonds is returned to the Paying Agent or if any bond is not presented for payment of princi- pal 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 pay- ment 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 li- ability for interest thereon, for the benefit of the owner of such Bonds who shall thereaf- ter 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 Pay- ing 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. g. Registration and Transfer Fees. The Registrar may furnish to each owner, at the Issuer's expense, one bond for each annual maturity. The Registrar shall furnish addi- tional Bonds in lesser denominations (but not less than the minimum denomination) to an owner who so requests. Section 9. Reissuance of Mutilated, De- stroyed, Stolen or Lost Bonds. In case any out- standing Bond shall become mutilated or be de- stroyed, stolen or lost, the Issuer shall at the re- quest of Registrar authenticate and deliver a new Bond of like tenor and amount as the Bond so mutilated, destroyed, stolen or lost, in ex- change and substitution for such mutilated Bond to Registrar, upon surrender of such mu- tilated Bond, or in lieu of and substitution for the Bond destroyed, stolen or lost, upon filing with the Registrar evidence satisfactory to the Reg- istrar and Issuer that such Bond has been de- stroyed, stolen or lost and proof of ownership thereof, and upon furnishing the Registrar and Issuer with satisfactory indemnity and comply- ing with such other reasonable regulations as the Issuer or its agent may prescribe and pay- ing such expenses as the Issuer may incur in connection therewith. Section 10 Record Date. Payments of prin- cipal and interest, otherwise than upon full re- demption, 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. Upon receipt of the final payment of principal, the holder of the Bond shall surrender the Bond to the Paying Agent. Section 11. Execution, Authentication and Delivery of the Bonds. Upon the adoption of this Resolution, the Mayor and Clerk shall execute the Bonds by their manual or authorized signa- ture and deliver the Bonds to the Registrar, who shall authenticate the Bonds and deliver the same to or upon order of the Purchaser. No Bond shall be valid or obligatory for any pur- pose or shall be entitled to any right or benefit hereunder unless the Registrar shall duly en- dorse 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. 196 Regular Session, May 17, 2021 Book 151 No Bonds shall be authenticated and deliv- ered 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 of the Issuer directing the authentication and delivery of the Bonds to or upon the order of the Purchaser upon payment of the purchase price as set forth therein; 3. The approving opinion of Ahlers and Cooney, P.C., Bond Counsel, concerning the validity and legality of all the Bonds proposed to be issued. Section 12. Right to Name Substitute Pay- ing Agent or Registrar. Issuer reserves the right to name a substitute, successor Registrar or Paying Agent upon giving prompt written notice to each registered bondholder. Section 13. Form of Bond. Bonds shall be printed substantially in the form as [provided]: Section 14. Closing Documents. The Mayor and City Clerk are authorized and directed to execute, attest, seal and deliver for and on be- half of the City any other additional certificates, documents, or other papers and perform all other acts, including without limitation the exe- cution of all closing documents, as they may deem necessary or appropriate in order to im- plement and carry out the intent and purposes of this Resolution. Section 15. Contract Between Issuer and Purchaser. This Resolution constitutes a con- tract between said City and the purchaser of the Bonds. Section 16. 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 Bonds issued hereun- der which will cause any of the Bonds to be classified as arbitrage bonds within the mean- ing of Sections 148(a) and (b) of the Internal Revenue Code of the United States, as amended, and that throughout the term of the Bonds it will comply with the requirements of statutes and regulations issued thereunder. To the best knowledge and belief of the Is- suer, there are no facts or circumstances that would materially change the foregoing state- ments or the conclusion that it is not expected that the proceeds of the Bonds will be used in a manner that would cause the Bonds to be arbi- trage bonds. Section 17 Approval of Tax Exemption Cer- tificate. Attached hereto is a form of Tax Ex- emption Certificate stating the Issuer's reason- able expectations as to the use of the proceeds of the Bonds. The form of Tax Exemption Cer- tificate is approved. The Issuer hereby agrees to comply with the provisions of the Tax Exemp- tion Certificate and the provisions of the Tax Ex- emption Certificate are hereby incorporated by reference as part of this Resolution. The Direc- tor of Finance and Budget is hereby directed to Book 151 Regular Session, May 17, 2021 197 make and insert all calculations and determina- tions necessary to complete the Tax Exemption Certificate at issuance of the Bonds to certify as to the reasonable expectations and covenants of the Issuer at that date. Section 18. Continuing Disclosure. The Is- suer 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 Certifi- cate are hereby incorporated by reference as part of this Resolution and made a part hereof. Notwithstanding any other provision of this Res- olution, failure of the Issuer to comply with the Continuing Disclosure Certificate shall not be considered an event of default under this Res- olution; however, any holder of the Bonds or Beneficial Owner may take such actions as may be necessary and appropriate, including seek- ing specific performance by court order, to cause the Issuer to comply with its obligations under the Continuing Disclosure Certificate. For purposes of this section, 'Beneficial Owner" means any person which (a) has the power, di- rectly or indirectly, to vote or consent with re- spect to, or to dispose of ownership of, any Bond (including persons holding Bonds through nominees, depositories or other intermediar- ies), or (b) is treated as the owner of any Bonds for federal income tax purposes. Section 19. Additional Covenants, Repre- sentations and Warranties of the Issuer. The Is- suer certifies and covenants with the purchas- ers 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) comply with all rep- resentations, covenants and assurances con- tained in the Tax Exemption Certificate, which Tax Exemption Certificate shall constitute a part of the contract between the Issuer and the own- ers 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 sup- porting documents as may be required and in a timely manner; and (f) if deemed necessary or advisable by its officers, to employ and pay fis- cal agents, financial advisors, attorneys and other persons to assist the Issuer in such com- pliance. Section 20 Amendment of Resolution to Maintain Tax Exemption. This Resolution may be amended without the consent of any owner of the Bonds if, in the opinion of Bond Counsel, such amendment is necessary to maintain tax exemption with respect to the Bonds under ap- plicable Federal law or regulations. Section 21. Repeal of Conflicting Resolu- tions or Ordinances. All ordinances and resolu- tions and parts of ordinances and resolutions in conflict herewith are hereby repealed. Section 22 Severability Clause. If any sec- tion, paragraph, clause or provision of this Res- olution be held invalid, such invalidity shall not affect any of the remaining provisions hereof, and this Resolution shall become effective im- mediately upon its passage and approval. Passed and approved this 171h day of May 2021. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk RESOLUTION NO. 157-21 APPOINTING UMB BANK, N.A. OF WEST DES MOINES, IOWA, TO SERVE AS PAYING AGENT, BOND REGISTRAR, AND TRANS- FER AGENT, APPROVING THE PAYING AGENT AND BOND REGISTRAR AND TRANSFER AGENT AGREEMENT AND AU- THORIZING THE EXECUTION OF THE AGREEMENT Whereas, $12,535,000 Taxable General Obligation Bonds, Series 2021B, dated June 2, 2021, have been sold and action should now be taken to provide for the maintenance of records, registration of certificates and payment of prin- cipal and interest in connection with the issu- ance 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 compli- ance with rules, regulations, and requirements governing the registration, transfer and pay- ment 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 COUNCIL OF THE CITY OF DUBUQUE, STATE OF IOWA: 1. 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 $12,535,000 Taxable General Obligation Bonds, Series 2021 B, dated June 2, 2021. 2. That the Agreement with UMB Bank, N.A. of West Des Moines, Iowa, is hereby approved and that the Mayor and Clerk are authorized to sign the Agreement on behalf of the City. Passed and approved this 171h day of May 2021. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk RESOLUTION NO. 158-21 AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $12,535,000 TAXABLE GEN- ERAL OBLIGATION BONDS, SERIES 2021B, 198 Regular Session, May 17, 2021 Book 151 AND LEVYING A TAX TO PAY SAID BONDS; APPROVAL OF THE CONTINUING DISCLO- SURE 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 of refunding or refinancing outstand- ing indebtedness of the City, including Taxable General Obligation Bonds, Series 2012C, Tax- able General Obligation Bonds, Series 2012F, and Taxable General Obligation Bonds, Series 2014C, essential corporate purpose(s), and it is deemed necessary and advisable that Taxable General Obligation Bonds, to the amount of not to exceed $46,250,000 be authorized for said purpose(s); and Whereas, it is found and determined that the aforesaid adjustment and refunding of present indebtedness is necessary and in the public in- terest and will benefit the City and its taxpayers by restructuring three (3) outstanding issue(s) of Bonds for purposes of more efficient admin- istration thereof; by conforming the debt service requirements to the anticipated receipt of tax funds thereby reducing the impact of delays in the collection of future taxes upon the City's cash flow; and to adjust the requirements of the outstanding indebtedness so as to facilitate the orderly retirement of Bonds anticipated to be is- sued for future capital improvements; and Whereas, it presently appears that the aforesaid benefits may be realized and at the same time savings may be affected in the debt service fund requirements of the City by refund- ing of the Bonds set forth in the schedule set forth as Exhibit "A", attached to this Resolution and made a part hereof by this reference; and Whereas, pursuant to notice published as required by Section 384.25 of the Code of Iowa, this Council has held a public meeting and hear- ing upon the proposal to institute proceedings for the issuance of not to exceed $46,250,000 General Obligation Bonds, and the Council is therefore now authorized to proceed with the is- suance of said Bonds for such purpose(s); and Whereas, the City is in need of funds to pay costs of the reconstruction, expansion of and improvements to the Riverfront docking facility; general corporate purpose(s), and it is deemed necessary and advisable that Taxable General Obligation Bonds, to the amount of not to ex- ceed $700,000 be authorized for said pur- pose(s); and Whereas, the Issuer has a population of more than 5,000 but not more than 75,000, and the Bonds for these purposes do not exceed $700,000; and Whereas, pursuant to notice published as required by Section 384.26 of the Code of Iowa, the Council of the City has held public meeting and hearing upon the proposal to institute pro- ceedings for the issuance of Bonds for general corporate purpose(s) in the amounts as above set forth, and, no petition for referendum having been received, the Council is therefore now au- thorized to proceed with the issuance of said Bonds for such purpose(s); and Whereas, the Issuer is in need of funds to pay costs of aiding in the planning, undertaking and carrying out of urban renewal projects un- der the authority of Chapter 403 and the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal Dis- trict, such as those costs associated with the construction, renovation, remodeling, improve- ment, equipping and repairing of parking gar- ages and ramps, essential corporate urban re- newal purpose project(s), and it is deemed nec- essary and advisable that the City issue Taxa- ble General Obligation Bonds, for such pur- pose(s) to the amount of not to exceed $950,000 as authorized by Sections 384.25 and 403.12 of the Code of Iowa; and Whereas, pursuant to notice published as required by Sections 384.25 and 403.12 this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of said Bonds, and all objections, if any, to such Council action made by any res- ident or property owner of the City were re- ceived and considered by the Council; and no petition having been filed, it is the decision of the Council that additional action be taken for the issuance of said Bonds for such purpose(s), and that such action is considered to be in the best interests of the City and the residents thereof; and Whereas, pursuant to Section 384.28 of the Code of Iowa, it is hereby found and determined that the various general obligation Bonds au- thorized as hereinabove described shall be combined for the purpose of issuance in a sin- gle issue of $12,535,000 General Obligation Bonds as hereinafter set forth; and Whereas, pursuant to the provisions of Chapter 75 of the Code of Iowa, the above - mentioned Bonds were heretofore sold at public sale and action should now be taken to issue said Bonds conforming to the terms and condi- tions of the best bid received at the advertised public sale. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, STATE OF IOWA: Section 1. Definitions. The following terms shall have the following meanings in this Reso- lution unless the text expressly or by necessary implication requires otherwise: • "Authorized Denominations" shall mean $5,000 or any integral multiple thereof. • "Beneficial Owner" shall mean, whenever used with respect to a Bond, the person in whose name such Bond is recorded as the beneficial owner of such Bond by a Book 151 Regular Session, May 17, 2021 199 Participant on the records of such Partici- pant or such person's subrogee. • "Blanket Issuer Letter of Representations" shall mean the Representation Letter from the Issuer to DTC, with respect to the Bonds. • "Bond Fund" shall mean the fund created in Section 3 of this Resolution. • "Bonds" shall mean $12,535,000 Taxable General Obligation Bonds, Series 2021 B, authorized to be issued by this Resolution. • "Cede and Co." shall mean Cede and Co., the nominee of DTC, and any successor nominee of DTC with respect to the Bonds. • "Continuing Disclosure Certificate" shall mean that certain Continuing Disclosure Certificate approved under the terms of this Resolution and to be executed by the Issuer and dated the date of issuance and delivery of the Bonds, as originally exe- cuted and as it may be amended from time to time in accordance with the terms thereof. • "Current Refunded Portion" shall mean $ 11,490,000 of the Bonds to refund the Re- funded Bonds. • "Depository Bonds " shall mean the Bonds as issued in the form of one global certifi- cate for each maturity, registered in the Registration Books maintained by the Registrar in the name of DTC or its nomi- nee. • "DTC" shall mean The Depository Trust Company, New York, New York, which will act as security depository for the Bond pursuant to the Representation Letter. -"Issuer" and "City" shall mean the City of Dubuque, State of Iowa. • "New Money Portion" shall mean $1,280,399.90 of the Bonds plus a pro rata amount of the Bonds issued to pay costs of issuance and fund the capitalized interest fund issued to pay the costs of the reconstruction, expansion of and improve- ments to the Riverfront docking facility; and aiding in the planning, undertaking and carrying out of urban renewal projects under the authority of Chapter 403 and the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Re- newal District, such as those costs asso- ciated with the construction, renovation, remodeling, improvement, equipping and repairing of parking garages and ramps. • "Participants" shall mean those broker - dealers, banks and other financial institu- tions for which DTC holds Bonds as secu- rities depository. • "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. • "Project" shall mean the costs of refunding or refinancing outstanding indebtedness of the City, including Taxable General Ob- ligation Bonds, Series 2012C, General Obligation Bonds, Series 2012F, and Tax- able General Obligation Bonds, Series 2014C; the reconstruction, expansion of and improvements to the Riverfront dock- ing facility; aiding in the planning, under- taking and carrying out of urban renewal projects under the authority of Chapter 403 and the Amended and Restated Ur- ban Renewal Plan for the Greater Down- town Urban Renewal District, such as those costs associated with the construc- tion, renovation, remodeling, improve- ment, equipping and repairing of parking garages and ramps. • "Project Fund" shall mean, as to the New Money Portion, the fund established un- der this Resolution for the deposit of a por- tion of the proceeds to pay costs of the New Money projects. As to the Current Refunded Portion, "Project Fund" shall mean the portion of the proceeds that will be used, together with interest earnings thereon, to pay the principal, interest and redemption premium, if any, on the Re- funded Bonds. • "Refunded Bonds" shall mean $4,465,000 Taxable General Obligation Bonds, Series 2012C, dated June 28, 2012; $140,000 Taxable General Obligation Bonds, Series 2012F, dated December 10, 2012; and $6,885,000 Taxable General Obligation Capital Loan Notes, Series 2014C, dated December 8, 2014. • "Registrar" shall mean UMB Bank, N.A. of West Des Moines, Iowa, or such succes- sor as may be approved by Issuer as pro- vided 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. • "Resolution" shall mean this resolution au- thorizing the Bonds. • "Treasurer" shall mean the Director of Fi- nance and Budget, or such other officer as shall succeed to the same duties and re- sponsibilities with respect to the recording and payment of the Bonds issued hereun- der. Section 2. Levy and Certification of Annual Tax; Other Funds to be Used. a. Levy of Annual Tax. That for the purpose of providing funds to pay the prin- cipal and interest of the Bonds hereinafter authorized to be issued, there is hereby 200 Regular Session, May 17, 2021 Book 151 levied for each future year the following di- rect annual tax on all of the taxable prop- erty in the City of Dubuque, State of Iowa, to -wit: Amount Fiscal Year (July 1 to June 30) Year of Collection $1,205,003.61 2021 /2022* $1,056,600.00 2022/2023 $1,140,100.00 2023/2024 $1,156,600.00 2024/2025 $1,142,400.00 2025/2026 $1,148,100.00 2026/2027 $1,158,300.00 2027/2028 $1,152,900.00 2028/2029 $1,157,200.00 2029/2030 $1,166,000.00 2030/2031 $1,159,200.00 2031 /2032 $717,100.00 2032/2033 $703,400.00 2033/2034 $119,700.00 2034/2035 $122,400.00 2035/2036 * Payable from the Capitalized Interest Fund and available cash on hand. (NOTE: For example, the levy to be made and certified against the taxable valuations of January 1, 2020 will be collected during the fis- cal year commencing July 1, 2021.) b. Resolution to be Filed with County Auditor. A certified copy of this Resolution shall be filed with the Auditor of Dubuque County, Iowa and the Auditor is hereby in- structed in and for each of the years as provided, to levy and assess the tax hereby authorized in Section 2 of this Res- olution, in like manner as other taxes are levied and assessed, and such taxes so levied in and for each of the years afore- said be collected in like manner as other taxes of the City are collected, and when collected be used for the purpose of pay- ing principal and interest on said Bonds is- sued in anticipation of the tax, and for no other purpose whatsoever. c. Additional City Funds Available. Principal and interest coming due at any time when the proceeds of said tax on hand shall be insufficient to pay the same shall be promptly paid when due from cur- rent funds of the City available for that pur- pose and reimbursement shall be made from such special fund in the amounts thus advanced. Section 3. Bond Fund. Said tax shall be as- sessed 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 "2021 GENERAL OBLIGATION BOND FUND NO. 2" (the "Bond Fund"), which is hereby pledged for and shall be used only for the payment of the principal of and interest on the Bonds hereinafter authorized to be issued; and also there shall be apportioned to said fund its proportion of taxes received by the City from property that is centrally assessed by the State of Iowa. Section 4. Application of Bond Proceeds. Proceeds of the Bonds, other than accrued in- terest except as may be provided below, shall be credited to the Project Fund and expended therefrom for the purposes of issuance. Any amounts on hand in the Project Fund shall be available for the payment of the principal of or interest on the Bonds 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 limitations pro- vided by law or this Resolution. Proceeds invested shall mature before the date which the moneys are required for pay- ment of principal and interest on the Refunded Bonds. Accrued interest, if any, shall be depos- ited in the Bond Fund. Section 5. Investment of Bond Fund Pro- ceeds. All moneys held in the Bond Fund, pro- vided for by Section 3 of this Resolution shall be invested in investments permitted by Chapter 12B, 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 insti- tution shall be continuously secured in compli- ance with Chapter 12C of the Code of Iowa, as amended, or otherwise by a valid pledge of di- rect obligations of the United States Govern- ment 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 Bonds as herein provided. Section 6. Bond Details, Execution and Re- demption. a. Bond Details. Taxable General Ob- ligation Bonds of the City in the amount of $12,535,000, shall be issued pursuant to the provisions of Sections 384.25, 384.26, 403.12 and 384.28 of the Code of Iowa for the aforesaid purposes. The Bonds shall be designated "TAXABLE GENERAL OB- LIGATION BOND, SERIES 20216", be dated June 2, 2021, and bear interest from the date thereof, until payment thereof, at the office of the Paying Agent, said interest payable on December 1, 2021, and semiannually thereafter on the 1st day of June and December in each year until maturity at the rates hereinafter Book 151 Regular Session, May 17, 2021 201 provided. The Bonds shall be executed by the manual or facsimile signature of the Mayor and attested by the manual or fac- simile signature of the Clerk and im- pressed 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 pre- mium, 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 mature and bear interest as follows: Principal Amount Interest Rate Maturity June 1st $955,000 2.00% 2022 $825,000 2.00% 2023 $925,000 2.00% 2024 $960,000 2.00% 2025 $965,000 2.00% 2026 $990,000 2.00% 2027 $1,020,000 2.00% 2028 $1,035,000 2.00% 2029 $1,060,000 2.00% 2030 $1,090,000 2.00% 2031 $1,105,000 2.00% 2032 $685,000 2.00% 2033 $685,000 2.00% 2034 $115,000 2.00% 2035 $120,000 2036 b. Redemption. i. Optional Redemption. Bonds matur- ing after June 1, 2028, may be called for optional redemption by the Issuer on that 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. Thirty days' written notice of redemp- tion shall be given to the registered owner of the Bond. Failure to give written notice to any registered owner of the Bonds or any defect therein shall not affect the va- lidity of any proceedings for the redemp- tion of the Bonds. All Bonds or portions thereof called for redemption will cease to bear interest after the specified redemp- tion date, provided funds for their redemp- tion are on deposit at the place of pay- ment. Written notice will be deemed com- pleted upon transmission to the owner of record. If selection by Lot within a maturity is required, the Registrar shall designate the Bonds to be redeemed by random selec- tion of the names of the registered owners of the entire annual maturity until the total amount of Bonds to be called has been reached. If less than all of a maturity is called for redemption, the Issuer will notify DTC of the particular amount of such maturity to be redeemed prior to maturity. DTC will determine by Lot the amount of each Par- ticipant's interest in such maturity to be re- deemed and each Participant will then se- lect by Lot the beneficial ownership inter- ests in such maturity to be redeemed. All prepayments shall be at a price of par plus accrued interest. Section 7. Issuance of Bonds in Book -Entry Form; Replacement Bonds. a. Notwithstanding the other provi- sions of this Resolution regarding registra- tion, ownership, transfer, payment and ex- change of the Bonds, unless the Issuer determines to permit the exchange of De- pository Bonds for Bonds in Authorized Denominations, the Bonds shall be issued as Depository Bonds in denominations of the entire principal amount of each ma- turity of Bonds (or, if a portion of said prin- cipal amount is prepaid, said principal amount less the prepaid amount). The Bonds must be registered in the name of Cede and Co., as nominee for DTC. Pay- ment of semiannual interest for any Bonds registered in the name of Cede and Co. will be made by wire transfer or New York Clearing House or equivalent next day funds to the account of Cede and Co. on the interest payment date for the Bonds at the address indicated or in the Represen- tation Letter. b. The Bonds will be initially issued in the form of separate single authenticated fully registered bonds in the amount of each stated maturity of the Bonds. Upon initial issuance, the ownership of the Bonds will be registered in the registry books of the UMB Bank, N.A. kept by the Paying Agent and Registrar in the name of Cede and Co., as nominee of DTC. The Paying Agent and Registrar and the Is- suer may treat DTC (or its nominee) as the sole and exclusive owner of the Bonds registered in its name for the purposes of payment of the principal or redemption price of or interest on the Bonds, selecting the Bonds or portions to be redeemed, giving any notice permitted or required to be given to registered owners of Bonds under the Resolution of the Issuer, regis- tering the transfer of Bonds, obtaining any consent or other action to be taken by reg- istered owners of the Bonds and for other purposes. The Paying Agent, Registrar and the Issuer have no responsibility or obligation to any Participant or Beneficial Owner of the Bonds under or through DTC with respect to the accuracy of records 202 Regular Session, May 17, 2021 Book 151 maintained by DTC or any Participant; establish a record date for the consent or with respect to the payment by DTC or other action and give DTC notice of the Participant of an amount of principal or re- record date not less than 15 calendar demption price of or interest on the Bonds; days in advance of the record date to the with respect to any notice given to owners extent possible. Notice to DTC must be of Bonds under the Resolution; with re- given only when DTC is the sole Bond- spect to the Participant(s) selected to re- holder. ceive payment in the event of a partial re- f. The Representation Letter is on file demption of the Bonds, or a consent given with DTC and sets forth certain matters or other action taken by DTC as registered with respect to, among other things, no - owner of the Bonds. The Paying Agent tices, consents and approvals by Bond - and Registrar shall pay all principal of and holders and payments on the Bonds. The premium, if any, and interest on the Bonds execution and delivery of the Representa- only to Cede and Co. in accordance with tion Letter to DTC by the Issuer is ratified the Representation Letter, and all pay- and confirmed. ments are valid and effective to fully sat- g. In the event that a transfer or ex- isfy and discharge the Issuer's obligations change of the Bonds is permitted under with respect to the principal of and pre- this Section, the transfer or exchange may mium, if any, and interest on the Bonds to be accomplished upon receipt by the Reg - the extent of the sum paid. DTC must re- istrar from the registered owners of the ceive an authenticated Bond for each sep- Bonds to be transferred or exchanged and arate stated maturity evidencing the obli- appropriate instruments of transfer. In the gation of the Issuer to make payments of event Bond certificates are issued to hold - principal of and premium, if any, and inter- ers other than Cede and Co., its succes- est. Upon delivery by DTC to the Paying sor as nominee for DTC as holder of all Agent and Registrar of written notice that the Bonds, or other securities depository DTC has determined to substitute a new as holder of all the Bonds, the provisions nominee in place of Cede and Co., the of the Resolution apply to, among other Bonds will be transferable to the new things, the printing of certificates and the nominee in accordance with this Section. method or payment of principal of and in- c. In the event the Issuer determines terest on the certificates. Any substitute that it is in the best interest of the Benefi- depository shall be designated in writing cial Owners that they be able to obtain by the Issuer to the Paying Agent. Any Bonds certificates, the Issuer may notify such substitute depository shall be a qual- DTC and the Paying Agent and Registrar, ified and registered "clearing agency" as whereupon DTC will notify the Partici- provided in Section 17A of the Securities pants, of the availability through DTC of Exchange Act of 1934, as amended. The Bonds certificates. The Bonds will be substitute depository shall provide for (i) transferable in accordance with this Sec- immobilization of the Depository Bonds, tion. DTC may determine to discontinue (ii) registration and transfer of interests in providing its services with respect to the Depository Bonds by book entries made Bonds at any time by giving notice to the on records of the depository or its nomi- Issuer and the Paying Agent and Regis- nee and (iii) payment of principal of, pre- trar and discharging its responsibilities un- mium, if any, and interest on the Bonds in der applicable law. In this event, the accordance with and as such interests Bonds will be transferable in accordance may appear with respect to such book en - with this Section. tries. d. Notwithstanding any other provision h. The officers of the Issuer are author - of the Resolution to the contrary, so long ized and directed to prepare and furnish to as any Bond is registered in the name of the purchaser, and to the attorneys ap- Cede and Co., as nominee of DTC, all proving the legality of Bonds, certified payments with respect to the principal of copies of proceedings, ordinances, reso- and premium, if any, and interest on the lutions and records and all certificates and Bond and all notices must be made and affidavits and other instruments as may be given, respectively to DTC as provided in required to evidence the legality and mar - the Representation letter. ketability of the Bonds, and all certified e. In connection with any notice or copies, certificates, affidavits and other in - other communication to be provided to struments constitute representations of Bondholders by the Issuer or the Paying the Issuer as to the correctness of all Agent and Registrar with respect to a con- stated or recited facts. sent or other action to be taken by Bond- Section 8. Registration of Bonds; Appoint - holders, the Issuer or the Paying Agent ment of Registrar; Transfer; Ownership; Deliv- and Registrar, as the case may be, shall ery; and Cancellation. Book 151 Regular Session, May 17, 2021 203 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 owner- ship 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 384.31 of the Code of Iowa, sub- ject 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 Registration Books kept for the registra- tion and transfer of Bonds and only upon surrender thereof at the office of the Reg- istrar together with an assignment duly ex- ecuted by the holder or his duly authorized attorney in fact in such form as shall be satisfactory to the Registrar, along with the address and social security number or federal employer identification number of such transferee (or, if 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 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 per- taining to the registered owner required above. Upon the transfer of any such Bond, a new fully registered Bond, of any denomination or denominations permitted by this Resolution in aggregate principal amount equal to the unmatured and unre- deemed principal amount of such trans- ferred 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 per- son in whose name the ownership of the same shall be registered on the Registra- tion Books of the Registrar shall be deemed and regarded as the absolute owner thereof for all purposes, and pay- ment 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 representative. 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 Regis- trar 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 Bonds to the Issuer. f. Non -Presentment of Bonds. In the event any payment check, wire, or elec- tronic transfer of funds representing pay- ment of principal of or interest on the Bonds is returned 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 princi- pal of or interest on Bonds shall have been made available to the Paying Agent for the benefit of the owner thereof, all lia- bility 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 inter- est thereon, for the benefit of the owner of such Bonds who shall thereafter be re- stricted 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 sur- render 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. g. Registration and Transfer Fees. The Registrar may furnish to each owner, at the Issuer's expense, one bond for each annual maturity. The Registrar shall fur- nish additional Bonds in lesser denomina- tions (but not less than the minimum de- nomination) to an owner who so requests. Section 9. Reissuance of Mutilated, De- 204 Regular Session, May 17, 2021 Book 151 stroyed, Stolen or Lost Bonds. In case any out- standing Bond shall become mutilated or be de- stroyed, stolen or lost, the Issuer shall at the re- quest of Registrar authenticate and deliver a new Bond of like tenor and amount as the Bond so mutilated, destroyed, stolen or lost, in ex- change and substitution for such mutilated Bond to Registrar, upon surrender of such mu- tilated Bond, or in lieu of and substitution for the Bond destroyed, stolen or lost, upon filing with the Registrar evidence satisfactory to the Reg- istrar and Issuer that such Bond has been de- stroyed, stolen or lost and proof of ownership thereof, and upon furnishing the Registrar and Issuer with satisfactory indemnity and comply- ing with such other reasonable regulations as the Issuer or its agent may prescribe and pay- ing such expenses as the Issuer may incur in connection therewith. Section 10. Record Date. Payments of prin- cipal and interest, otherwise than upon full re- demption, 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. Upon receipt of the final payment of principal, the holder of the Bond shall surrender the Bond to the Paying Agent. Section 11. Execution, Authentication and Delivery of the Bonds. Upon the adoption of this Resolution, the Mayor and Clerk shall execute the Bonds by their manual or authorized signa- ture and deliver the Bonds to the Registrar, who shall authenticate the Bonds and deliver the same to or upon order of the Purchaser. No Bond shall be valid or obligatory for any pur- pose or shall be entitled to any right or benefit hereunder unless the Registrar shall duly en- dorse 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 deliv- ered 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 of the Issuer directing the authentication and delivery of the Bonds to or upon the order of the Purchaser upon payment of the purchase price as set forth therein; 3. The approving opinion of Ahlers and Cooney, P.C., Bond Counsel, concerning the validity and legality of all the Bonds proposed to be issued. Section 12. Right to Name Substitute Pay- ing Agent or Registrar. Issuer reserves the right to name a substitute, successor Registrar or Paying Agent upon giving prompt written notice to each registered bondholder. Section 13. Form of Bond. Bonds shall be printed substantially in the form as [provided]: Section 14. Closing Documents. The Mayor and City Clerk are authorized and directed to execute, attest, seal and deliver for and on be- half of the City any other additional certificates, documents, or other papers and perform all other acts, including without limitation the exe- cution of all closing documents, as they may deem necessary or appropriate in order to im- plement and carry out the intent and purposes of this Resolution. Section 15. Contract Between Issuer and Purchaser. This Resolution constitutes a con- tract between said City and the purchaser of the Bonds. Section 16. Continuing Disclosure. The Is- suer 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 Certifi- cate are hereby incorporated by reference as part of this Resolution and made a part hereof. Notwithstanding any other provision of this Res- olution, failure of the Issuer to comply with the Continuing Disclosure Certificate shall not be considered an event of default under this Res- olution; however, any holder of the Bonds or Beneficial Owner may take such actions as may be necessary and appropriate, including seek- ing specific performance by court order, to cause the Issuer to comply with its obligations under the Continuing Disclosure Certificate. For purposes of this section, 'Beneficial Owner" means any person which (a) has the power, di- rectly or indirectly, to vote or consent with re- spect to, or to dispose of ownership of, any Bond (including persons holding Bonds through nominees, depositories or other intermediar- ies), or (b) is treated as the owner of any Bonds for federal income tax purposes. Section 17. Repeal of Conflicting Resolu- tions or Ordinances. All ordinances and resolu- tions and parts of ordinances and resolutions in conflict herewith are hereby repealed. Section 18. Severability Clause. If any sec- tion, paragraph, clause or provision of this Res- olution be held invalid, such invalidity shall not affect any of the remaining provisions hereof, and this Resolution shall become effective im- mediately upon its passage and approval. Passed and approved this 17t" day of May 2021. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk Book 151 Regular Session, May 17, 2021 205 8. Plat of Survey of Vize Place #2: Zoning Advisory Commission recommended approval of the Plat of Survey of Vize Place #2, subject to waiving the Lot frontage requirement for Lot 1. Upon motion the documents were received and filed, and Resolution No. 159-21 Approving the Plat of Survey of: Vize Place #2, Dubuque County, Iowa was adopted. RESOLUTION NO. 159-21 APPROVING THE PLAT OF SURVEY OF: VIZE PLACE #2, DUBUQUE COUNTY, IOWA Whereas, there has been filed with the City Clerk a Plat of Survey of: Vize Place #2, Dubu- que County, Iowa that is within the City's 2-mile extraterritorial jurisdiction; and Whereas, said Plat of Survey provides 0 feet of frontage for Lot 1 on a public or approved private street, where street frontage is required by Section 11-14 of Title 16 of the City of Dubu- que Code of Ordinances, Unified Development Code; and Whereas, said Plat of Survey has been ex- amined by the Zoning Advisory Commission and its approval has been endorsed thereon; and Whereas, said Plat of Survey has been ex- amined by the City Council and they find that it conforms to the statues and ordinances relating thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That Section 11-14 of Title 16 of the City of Dubuque Code of Ordinances, Uni- fied Development Code, is waived to allow 0 feet of frontage on a public street or an ap- proved private street. Section 2. That the Plat of Survey: Vize Place #2, Dubuque County, Iowa is hereby ap- proved, and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said Plat of Survey. Passed, approved and adopted this 17th day of May 2021. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk 9. Pre -annexation Agreement - Joseph R. and Kelly L. Pregler: City Manager recom- mended approval of a Pre -Annexation Agree- ment with Joseph R. and Kelly L. Pregler, for property located at 10829 Cascade Drive, in conjunction with their request to connect to City water. Upon motion the documents were re- ceived and filed, and Resolution No. 160-21 Ap- proving a Pre -Annexation Agreement between the City of Dubuque, Iowa and Joseph R. and Kelly L. Pregler was adopted. RESOLUTION NO. 160-21 APPROVING A PRE -ANNEXATION AGREE- MENT BETWEEN THE CITY OF DUBUQUE, IOWA AND JOSEPH R. AND KELLY L. PREGLER Whereas, Joseph R. and Kelly L. Pregler, the owner of the following described property located at 10829 Cascade Drive in Dubuque County, Iowa (the Property) have submitted to the City Council of the city of Dubuque an appli- cation for voluntary annexation of the Property to the City of Dubuque: Lot One (1) of Lot One (1) of Lot Thir- teen (13) In "Kerrigan Road Heights" in Table Mound Township, Dubuque County, Iowa, According to the Rec- orded Plats Thereof, Subject to Ease- ments of Record; and Whereas, Joseph R. and Kelly L. Pregler have entered into a Pre -annexation Agreement with the City of Dubuque, a copy of which is at- tached 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 author- izes 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 or- derly 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 an- nexation of the Property is in the public interest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The Pre -annexation Agreement by and between Joseph R. and Kelly L. Pregler and the City of Dubuque is hereby approved. Passed, approved, and adopted this 17th day of May 2021. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk 10. Pre -annexation Agreement - Daved C. and Cheryl A. Peacock: City Manager recom- mended approval of a Pre -Annexation Agree- ment with Daved C. and Cheryl A. Peacock, for property located at 9607 Monticello Drive, in conjunction with their request to connect to City water. Upon motion the documents were re- ceived and filed, and Resolution No. 161-21 Ap- proving Pre -Annexation Agreement between City of DBQ, Iowa & Daved C. & Cheryl A. Pea- cock was adopted. 206 Regular Session, May 17, 2021 Book 151 RESOLUTION NO. 161-21 APPROVING A PRE -ANNEXATION AGREE- MENT BETWEEN THE CITY OF DUBUQUE, IOWA AND DAVED C. AND CHERYL A. PEA- COCK Whereas, Daved C. and Cheryl A. Peacock, the owner of the following described property located at 9607 Monticello Dr. in Dubuque County, Iowa (the Property) have submitted to the City Council of the city of Dubuque an appli- cation for voluntary annexation of the Property to the City of Dubuque: Lot 24 in "Kerrigan Road Heights" in Ta- ble Mound Township, Dubuque County, Iowa, According to the Recorded Plat Thereof; and Whereas, Daved C. and Cheryl A. Peacock has entered into a Pre -annexation Agreement with the City of Dubuque, a copy of which is at- tached 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 author- izes 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 or- derly 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 an- nexation of the Property is in the public interest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The Pre -annexation Agreement by and between Daved C. and Cheryl A. Pea- cock and the City of Dubuque is hereby ap- proved. Passed, approved, and adopted this 17"' day of May 2021. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk 11. Appointment of Liaison to the Airport Zoning Advisory Commission: Zoning Advisory Commission recommended approval to appoint Rebecca Kemp and Matthew Mulligan as the Zoning Advisory Commission liaisons to the Air- port Zoning Advisory Commission. Upon mo- tion the documents were received, filed, and approved. 12. Appointment of Liaison to the Airport Zoning Board of Adjustment: Zoning Board of Adjustment recommended approval to appoint Gwen Kosel and Matt Mauss as the Zoning Board of Adjustment liaisons to the Airport Zon- ing Board of Adjustment. Upon motion the doc- uments were received, filed, and approved. 13. Intent to Apply for 2021 BJA Bulletproof Vest Partnership: City Manager recommended approval to apply for a 2021 BJA Bulletproof Vest Partnership in the amount of $14,892.50, which is 50% of the cost of the body armor. Upon motion the documents were received, filed, and approved. 14. Restaurant Revitalization Fund Post- card: City Manager provided a copy of the Res- taurant Revitalization Fund public information postcard. Upon motion the documents were re- ceived and filed. 15. 2021 - Q2 Update on Childcare Chal- lenges and Collaborations: City Manager trans- mitted a quarterly update on the status of col- laboration efforts among partners in Dubuque to address a need for sufficient quality, afforda- ble childcare options in the community. Upon motion the documents were received and filed. 16. City Support of Woodward Communica- tion's Application for Historic Preservation Tax Credits: City Manager recommended approval of a resolution supporting an application for His- toric Preservation Tax Credits by Woodward Communications, Inc. to the Iowa Economic Development Authority, the Iowa Department of Cultural Affairs, and the National Park Service for redevelopment of the property at 801 Bluff Street. Upon motion the documents were re- ceived and filed, and Resolution No. 162-21 Supporting the filing of an application by Wood- ward Communications, Inc. with the Iowa Eco- nomic Development Authority, the Iowa Depart- ment of Cultural Affairs, and the National Park Service for Historic Preservation Tax Credits for the redevelopment of 810 Bluff Street in the City of Dubuque, Iowa was adopted. RESOLUTION NO. 162-21 SUPPORTING THE FILING OF AN APPLICA- TION BY WOODWARD COMMUNICATIONS, INC. WITH THE IOWA ECONOMIC DEVEL- OPMENT AUTHORITY, THE IOWA DEPART- MENT OF CULTURAL AFFAIRS, AND THE NATIONAL PARK SERVICE FOR HISTORIC PRESERVATION TAX CREDITS FOR THE REDEVELOPMENT OF 810 BLUFF STREET IN THE CITY OF DUBUQUE, IOWA Whereas, the City Council of the City of Dubuque, Iowa, recognizes the importance of redevelopment of the historic structure located at 801 Bluff Street in Dubuque, Iowa, known as the Telegraph Herald Building (the Property); and Book 151 Regular Session, May 17, 2021 207 Whereas, Woodward Communications, Inc. wishes to redevelop the Property for use as commercial space; and Whereas, Woodward Communications, Inc. has proposed making a Four Million Five Hun- dred Thousand Dollar ($4,500,000.00) invest- ment in the redevelopment of the Property; and Whereas, Woodward Communications, Inc. plans to apply to the Iowa Economic Develop- ment Authority, Iowa Department of Cultural Af- fairs, and the National Park Service for Historic Preservation Tax Credits; and Whereas, the City Council of the City of Dubuque, Iowa believes that it is in the best in- terests of the City to support the filing of the Ap- plication with the Iowa Economic Development Authority, Iowa Department of Cultural Affairs, and National Park Service for Historic Preser- vation Tax Credits on behalf of Woodward Communications, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council hereby supports the filing of an Application by Woodward Com- munications, Inc. for Historic Preservation Tax Credits with the Iowa Economic Development Authority, the Iowa Department of Cultural Af- fairs, and the National Park Service. Section 2. That the Mayor is hereby author- ized and directed to execute this Resolution on behalf of the City of Dubuque and the City Clerk is authorized and directed to attest to his signa- ture. Section 3. That the City Manager is author- ized to take such action as is necessary to com- ply with the terms of the Resolution as herein approved. Passed, approved, and adopted this 17"' day of May 2021. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk 17. FY21 and FY22 Community Develop- ment Block Grant (CDBG) Approval of Agree- ments with the Four Mounds Foundation: City Manager recommended approval of the Com- munity Development Block Grant (CDBG) Agreements with Four Mounds Foundation for part of the Leisure Services Four Mounds Ad- venture Day Camp Program. Upon motion the documents were received, filed, and approved. 18. Agreement with Royal Oaks Develop- ment Corporation Cedar Ridge Commercial Park - Cedar Cross Road: City Manager recom- mended approval of an Agreement with Royal Oaks Development Corporation for offsite im- provements related to the Cedar Ridge Com- mercial Park subdivision located on the east side of Cedar Cross Road between Starlite Drive and Crescent Ridge. Upon motion the documents were received and filed, and Reso- lution No. 163-21 Approving an Agreement for construction of certain off -site public roadway (Cedar Cross Road) and sanitary sewer im- provements related to the Cedar Ridge Com- mercial Park Subdivision on Cedar Cross Road between the City of Dubuque, Iowa and Royal Oaks Development Corporation was adopted. RESOLUTION NO. 163-21 APPROVING AN AGREEMENT FOR CON- STRUCTION OF CERTAIN OFF -SITE PUBLIC ROADWAY (CEDAR CROSS ROAD) AND SANITARY SEWER IMPROVEMENTS RE- LATED TO THE CEDAR RIDGE COMMER- CIAL PARK SUBDIVISION ON CEDAR CROSS ROAD BETWEEN THE CITY OF DUBUQUE, IOWA AND ROYAL OAKS DE- VELOPMENT CORPORATION Whereas, the City of Dubuque is contem- plating an Agreement with Royal Oaks Devel- opment Corporation (RODC) for the construc- tion of off -site public roadway (Cedar Cross Road) and sanitary sewer improvements re- lated to the Cedar Ridge Commercial Park sub- division on Cedar Cross Road between Starlite Drive and Crescent Ridge; and Whereas, the City of Dubuque has deter- mined that the project will require certain im- provements to the public right of way of Cedar Cross Road and the extension of a public sani- tary sewer main and RODC agrees that such improvements are reasonable and necessary; and Whereas, RODC has executed the Agree- ment. 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 be- half of the City of Dubuque. Passed, approved, and adopted this 17"' day of May 2021. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk 19. Signed Contract(s): Strand Associates, Inc. for Catfish Creek Old Mill Road Sanitary Sewer Pumping Station and Force Main Design Services. Mr. Johnstad spoke about his con- cern of not being contacted as a property owner about the sewer pumping station planned for the property. City Engineer Gus Psihoyos stated that the Engineering Department is early in the process for the sewer pumping station and that other potential areas for the sewer pump are being explored. Mr. Psihoyos stated that his department will be meeting with Mr. Johnstad next week. Responding to a question 208 Regular Session, May 17, 2021 Book 151 from the City Council, City Manager Van Milli- gen stated that City Council is voting tonight to acknowledge that he has already signed the contract with Strand Associates, Inc. Motion by Jones to receive and file the documents. Se- conded by Farber. Motion carried 7-0. 20. Acknowledgement of Iowa Communities Assurance Pool (ICAP) Settlement of Simon vs. City of Dubuque and Dalsing: City Attorney rec- ommended acknowledgement of the settlement release provided by the Iowa Communities As- surance Pool (ICAP) in the Simon vs. City of Dubuque and Dalsing lawsuit. Upon motion the documents were received, filed, and acknowl- edged. 21. Problem Property Assessment: City Manager recommended adoption of a resolu- tion authorizing the City to certify problem prop- erty charges to the Dubuque County Treasurer in order to establish real property liens for col- lection of such charges. Upon motion the docu- ments were received and filed, and Resolution No. 164-21 Authorizing the City to Collect De- linquent Problem Property Charges in accord- ance with 14-1J1 International Property Mainte- nance Code Section 106.5 and/or Section 109.5 Code of Ordinances of the City of Dubu- que, Iowa was adopted. RESOLUTION NO. 164-21 AUTHORIZING THE CITY TO COLLECT DE- LINQUENT PROBLEM PROPERTY CHARGES IN ACCORDANCE WITH 14-1J1 INTERNATIONAL PROPERTY MAINTE- NANCE CODE SECTION 106.5 AND/OR SEC- TION 109.5 CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA Whereas, residential properties in the City of Dubuque are considered hazardous or un- sanitary premises if problem properties are al- lowed to deteriorate according to 14-1J1; and Whereas, whenever in the judgment of the Code Official, a nuisance that is "palpably and indisputably such" exists which requires imme- diate action to protect the public health, safety or welfare of the public, the Code Official may order the emergency abatement of such; and Whereas, delinquent problem property charges shall be certified by the City Clerk to the Dubuque County Treasurer for collection with, and in the same manner as general prop- erty taxes. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the persons listed on the at- tached Problem Property Assessment Sched- ule are delinquent in the payment of problem property 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 Prob- lem Property Assessment Schedule are delin- quent in the payment of problem property charges in the amount set aside of the respec- tive names, and that said amounts shall be col- lected 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 17th day of May 2021. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk Schedule of Assessments Vacant or Abandoned Building and Problem Property Assessments 945 Bluff; Lot 11 - E. 1/2 - CITY Lot 655 and Lot 2-1A Lorimer Sub; Pottebaum, Ricky and May, Liesl; DBA R&L Construction 709 Garfield Ave Dubuque IA 52001; 1024457023; $995.00; PP 22. Grass and Weed Cutting and Garbage Collection Assessments: City Manager recom- mended 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 establish real property liens for collection of such charges. Upon motion the documents were received and filed, and Resolution No. 165-21 Authorizing the City to collect delinquent grass and weed cutting and garbage collection charges in ac- cordance 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. 165-21 AUTHORIZING THE CITY TO COLLECT DE- LINQUENT GRASS AND WEED CUTTING AND GARBAGE COLLECTION CHARGES IN ACCORDANCE WITH TITLE 6-4-3A AND TI- TLE 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 welfare 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 im- mediate action to protect the public health, safety or welfare of the public, the Housing Of- ficer may order the emergency abatement of such; and Whereas, delinquent grass and weed cut- ting 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 Book 151 Regular Session, May 17, 2021 209 BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That the persons listed on the at- tached 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 17th day of May 2021. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk Schedule of Assessments Delinquent Grass and Weed Cutting and Gar- bage Removal Accounts Location; Owner; Par- cel #; Amount; Category 2578 Central; Lot 1-2-237 Davis Farm Add; Breitsprecker, Cathleen M; 196 Kaufmann Ave Dubuque IA 52001; 1013376004; $187.83; gar- bage 685 Jefferson; Lot 1-W 1/2 of Lot 17 Farley's Sub; Mid -America Property Management LLC; PO Box 1572 Dubuque IA 52004-1572; 1024385013; $76.78; garbage 2578 Central; Lot 1-2-237 Davis Farm Add; Breitsprecker, Cathleen M; 196 Kaufmann Ave Dubuque IA 52001; 1013376004; $143.55; gar- bage 2672 Central; S 32'-275 Davis Farm Add Exc. E 10'; Budde, Lance A; 7697 N Indian Rdg. East Dubuque IL 61025; 1013328004; $76.78; garbage 815 Montcrest; Lot 19 and 20 Pleasant View; Ganahl, Timothy A; 815 Montcrest St Dubuque IA 52001; 1023230004; $207.10; gar- bage 2161 Washington; Lot 1-86 and S 11.8' Lot 85 L H Langworthy's Add; Williams, Kristina and Kelton; 2161 Washington St Dubuque IA 52001; 1024334012; $123.55; garbage 577 W Locust; Lot 17 Cox's Add; JG Invest- ments LLC; 9120 Long Tail Ln Dubuque IA 52003; 1024177027; $123.55; garbage 1266 Jackson; S 1/2 Lot 58 and N 1'6"- N 1/2 - Lot 59 East Dubuque Add; Moonlit Beaches Investments LLC; 816 Vine St Maquo- keta IA 52060; 1024435006; $123.55; garbage 1238 Jackson; N 25' - Lot 60 East Dubuque Add; Ulhaq, Irfan and Kwon, Miyeon; 995 Mount View CT Platteville WI 53818-1816; 1024435010; $123.55; garbage 115 Cherokee; Lot 2-3, 1-4, and 2-1-5 Dubuque Homes Sub #2; McCarty, Jake L; 115 Cherokee Dr Dubuque IA 52003; 1026351005; $123.55; garbage 655 Jefferson; Lot 19 Farley's Sub; Mckenna, Michael Patrick; 6000 S 35th Street McAllen TX 78503; 1024385017; $207.10; garbage 576 W Locust; Lot 12 Quigley's Sub of 710; 576 Locust St Apartments LLC; 309 Winnebago Dr Galena IL 61036; 1024159008; $131.05; garbage 2415 Jackson; Lot 4 New Jackson Sub; Brandel, Brian; 2304 Jackson St Dubuque IA 52001; 1013379028; $338.38; garbage 23. Fiscal Year 2020 Housing and Urban Development (HUD) Continuum of Care Pro- gram Agreement: City Manager recommended approval of an agreement with the Iowa Bal- ance of State and the U.S. Department of Hous- ing and Urban Development (HUD) for the ad- ministration of the Continuum of Care Special Needs Assistance Program (SNAP) in the amount of $90,583. Upon motion the docu- ments were received and filed, and Resolution No. 166-21 Approving the Continuum of Care Grant Agreement and authorizing the Director of Housing and Community Development and the City Manager to execute and administer the grant was adopted. RESOLUTION NO. 166-21 APPROVING THE CONTINUUM OF CARE GRANT AGREEMENT AND AUTHORIZING THE DIRECTOR OF HOUSING AND COMMU- NITY DEVELOPMENT AND THE CITY MAN- AGER TO EXECUTE AND ADMINISTER THE GRANT Whereas, the U.S. Department of Housing and Urban Development published the availa- bility of the Continuum of Care grant for the Col- laborative Applicants including the Iowa Bal- ance of the Continuum of Care; and Whereas, the City of Dubuque Phoenix Housing Project applied for funds and were awarded $90,583 to serve approximately fifteen families in FY 2022; and Whereas, the City of Dubuque has adminis- tered the Continuum of Care grant since 2007; and Whereas, the City of Dubuque proposes to continue administering the Continuum of Care grant to assist homeless, disable persons with permanent supportive housing; and Whereas, the City of Dubuque wishes to en- ter into an agreement with the U.S. Department of Housing and Urban Development to admin- ister the Continuum of Care Grant. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: Section 1. The City Council approves the grant agreement with the U.S. Department of 210 Regular Session, May 17, 2021 Book 151 Housing and Urban Development for the ac- ceptance and administration of the Continuum of Care Grant funds. Section 2. The City Council authorizes the Housing and Community Development Director and the City Manager to execute, manage and act in accordance with the terms of the agree- ment Passed, approved, and adopted this 17th day of May 2021. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk 24. Approval and Submission of Annual Public Housing Agency (PHA) Plan: City Man- ager recommended approval of the submission of the Annual Public Housing Agency Plan along with the Certification of Consistency with the Consolidated Plan to the U.S. Department of Housing and Urban Development. Upon mo- tion the documents were received and filed, and Resolution No. 167-21 Authorizing the Mayor to execute the certification by State or Local Office of Public Housing Agency (PHA) Plan's Con- sistency with the Consolidated Plan and ap- proval of the PHA Annual Plan was adopted. RESOLUTION NO. 167-21 AUTHORIZING THE MAYOR TO EXECUTE THE CERTIFICATION BY STATE OR LOCAL OFFICE OF PUBLIC HOUSING AGENCY (PHA) PLAN'S CONSISTENCY WITH THE CONSOLIDATED PLAN AND APPROVAL OF THE PHA ANNUAL PLAN Whereas, the U.S. Department of Housing and Urban Development requires submission of the Public Housing Agency (PHA) Plan on an annual basis; and Whereas, the U.S. Department of Housing and Urban Development requires Certification of the PHA Plan's Consistency with the Consol- idated Plan; and Whereas, the City of Dubuque has prepared the PHA Annual Plan in consistency with the Consolidated Plan and wishes to submit the plan as required. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE IOWA: Section 1: That the Mayor is hereby author- ized and directed to certify the PHA Plan's Con- sistency with the Consolidated Plan. Section 2: That the Director of Housing and Community Development is hereby authorized to submit the PHA Plan, and the Certification as required by the U.S. Department of Housing and Urban Development. Passed, approved, and adopted this 17th day of May 2021. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk 25. Proposed Amendment to Master Co -Lo- cation and Shared Services Agreement Be- tween the City of Dubuque and Interstate Power and Light City Manager recommended approval of an Amendment to the Master Co - Location and Shared Services Agreement with Interstate Power and Light (IPL) for installation of a shared fiber conduit route within the City of Dubuque. Upon motion the documents were re- ceived, filed, and approved. 26. Proposed Conduit License Agreement between City of Dubuque and Iowa Department of Transportation and Proposed Amendment to Master Co Location and Shared Services Agreement Between the City of Dubuque and Wisconsin Independent Network: City Manager recommended approval of two interrelated ac- tions. The first is approval to enter into a Con- duit License Agreement with the Iowa Depart- ment of Transportation for the use of a two-inch fiberoptics conduit on the Julien Dubuque Bridge. The second is approval of an Amend- ment to an existing Master Co -Location and Shared Services Agreement between the City of Dubuque and Wisconsin Independent Net- work (WIN). Upon motion the documents were received, filed, and approved. 27. Proposed Amendment to Master Co -Lo- cation and Shared Services Agreement Be- tween the City of Dubuque and Unite Private Network: City Manager recommended approval of an Amendment to the Master Co -Location and Shared Services Agreement between the City of Dubuque and Unite Private Network (UPN). Upon motion the documents were re- ceived, filed, and approved. 28. Master Co -Location and Shared Ser- vices Agreement Between the City of Dubuque and Dubuque County: City Manager recom- mended approval of a Master Co -Location and Shared Services Agreement between the City of Dubuque and Dubuque County for Fiber Op- tic Cable and Conduit in the Greater Dubuque Region. Upon motion the documents were re- ceived, filed, and approved. 29. Adoption of Code of Ordinances Sup- plement No. 2021 S-3: City Clerk recom- mended adoption of Supplement No. 2021 S-3 to the City of Dubuque Code of Ordinances that codifies Ordinances Nos. 52-20 and 1-21 through 10-21. Upon motion the documents were received and filed, and Resolution No. 168-21 Adopting Supplement No. 2021 S-3 to the Code of Ordinances of the City of Dubuque, Iowa was adopted. RESOLUTION NO. 168-21 ADOPTING SUPPLEMENT NO. 2021 S-3 TO THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA Book 151 Regular Session, May 17, 2021 211 Whereas, under date of August 17, 2009, the City Council, pursuant to Ordinance No. 43- 09, readopted the Code of Ordinances of the City of Dubuque, Iowa in its entirety; and Whereas, since August 17, 2009, the City Council of the City of Dubuque, Iowa has adopted certain ordinances amending the Code of Ordinances and said amendments have been printed as supplements to the Code of Or- dinances; and Whereas, Section 380.8 of the Code of Iowa provides that supplements, by resolution, be- come part of the Code of Ordinances; and Whereas, Code Supplements are prepared by the American Legal Publishing of Cincinnati, Ohio and filed in the Office of the City Clerk of the City of Dubuque, Iowa. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That Supplement No. 2021 S-3 to the City of Dubuque Code of Ordinances, which codifies Ordinance Nos. 52-20 and 1-21 through 10-21 as approved by City Council through March 24, 2021, is hereby adopted and becomes part of the Code of Ordinances of the City of Dubuque, Iowa. Passed, approved, and adopted this 17th day of May 2021. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk 30. Alcohol and Tobacco License Applica- tions: City Manager recommended approval of annual liquor, beer, wine, and tobacco license applications as submitted. Upon motion the documents were received and filed, and Reso- lution No. 169-21 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 Licenses and Permits and Resolution No. 170- 21 Approving applications for retail cigarette/to- bacco sales/nicotine/vapor permits, as required by Iowa Code Chapter 453A.47A was adopted. RESOLUTION NO. 169-21 APPROVING APPLICATIONS FOR BEER, LIQUOR, AND/OR WINE PERMITS, AS RE- QUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LI- CENSE REGULATIONS, CHAPTER 2 LIQ- UOR CONTROL, ARTICLE B LIQUOR, 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 author- ized and directed to cause to be issued the noted permit types to the following applicants pending submission of the locally required doc- umentation: Renewals Days Inn and Spirits Bar and Grill, 1111 Dodge St. Ichiban Habachi Steakhouse and Sushi Bar, 3187 University Ave. Oky Doky #1, 250 W 1st St. Shenanigans Pub, LLC, 3203 Jackson St. Shot Tower Inn, 390 Locust St. Tobacco Outlet Plus #504, 806 Wacker Dr. Suite 140 Special Event(s) per Special Event Application Submittal Jubeck New World Brewing, 115 W. 11th St. sidewalk and street area each Wednesday until end of August Adding A Privilege Fat Tuesday's, 1121 University Ave. Passed, approved, and adopted this 17th day of May 2021. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk RESOLUTION NO. 170-21 APPROVING APPLICATIONS FOR RETAIL CIGARETTE / TOBACCO SALES / NICOTINE / VAPOR PERMITS, AS REQUIRED BY IOWA CODE 453A.47A Whereas, applications for Cigarette / To- bacco Sales 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 other- wise 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 author- ized and directed to cause to be issued the fol- lowing named applicants and locations for cig- arette/tobacco sales permit. Business Name, Business Address Dubuque Tobacco and Grocery, 1248 Iowa St. Passed, approved, and adopted this 17th day of May 2021. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk ITEMS SET FOR PUBLIC HEARING 212 Regular Session, May 17, 2021 Book 151 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. Bee Branch Railroad Culvert Trail Pro- ject: CIP #3401654, Project #4X0039 and CIP #7201654, Project #8X0144: City Manager rec- ommended initiation of the public bidding pro- cedure for the Bee Branch Railroad Culvert Trail Project, and further recommends that a public hearing be set for June 7, 2021. Upon motion the documents were received and filed, and Resolution No. 171-21 Bee Branch Rail- road Culvert Trail Project: Preliminary approval of plans, specifications, form of contract, and estimated cost; setting date of public hearing on plans, specifications, form of contract, and esti- mated cost; and ordering the advertisement for bids was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on June 7, 2021 conducted virtually. RESOLUTION NO. 171-21 BEE BRANCH RAILROAD CULVERT TRAIL PROJECT - PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE ADVERTISEMENT FOR BIDS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The proposed plans, specifica- tions, form of contract and estimated cost for the Bee Branch Railroad Culvert Trail Project in the estimated amount of $448,096.00 are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspec- tion. Section 2. A public hearing will be held on the 7th day of June 2021, at 6:30 p.m. in the His- toric Federal Building Council Chambers (and/or by virtual means), 350 W. 6th Street, Dubuque, Iowa, at which time interested per- sons may appear and be heard for or against the proposed plans and specifications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubu- que, Iowa, which notice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any interested person may appear and file ob- jections to the proposed plans, specifications, form of contract, or estimated cost of the Pro- ject. Section 3. The Bee Branch Railroad Culvert Trail Project is hereby ordered to be advertised for bids for construction. Section 4. The amount of the security to ac- company each bid shall be in an amount which shall conform to the provisions of the Notice to Bidders hereby approved. Section 5. The City Engineer is hereby di- rected to advertise for bids for the construction of the improvements herein provided, by pub- lishing the attached Notice to Bidders to be pub- lished in on a contractor plan room service with statewide circulation and posted on the City of Dubuque website at www.citvofdubu- que.orq/bids and which notice shall be pub- lished not less than thirteen but not more than forty-five days before the date for filing bids be- fore 2:00 p.m. on the 24th day of June 2021. Bids shall be opened and read by the City Clerk at said time and will be submitted to the City Council for final action at 6:30 p.m. on the 6th day of July 2021, in the Historic Federal Build- ing Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa. Passed, adopted, and approved this 17th day of May 2021. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk 2. Fire Station 6 External Stairwell Addition Project Request to Initiate Construction Bidding - CIP: 350-2706: City Manager recommended initiation of the public bidding procedure for the Fire Station 6 External Stairwell Addition Pro- ject, and further recommended that a public hearing be set for June 7, 2021. Upon motion the documents were received and filed, and Resolution No. 172-21 Fire Station 6 External Stairwell Addition Project: preliminary approval of plans, specifications, form of contract, and estimated cost; setting date of public hearing on plans, specifications, form of contract, and esti- mated cost; and ordering the advertisement for bids was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on June 7, 2021 conducted virtually. RESOLUTION NO. 172-21 FIRE STATION 6 EXTERNAL STAIRWELL ADDITION PROJECT - PRELIMINARY AP- PROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEAR- ING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE ADVERTISEMENT FOR BIDS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The proposed plans, specifica- tions, form of contract and estimated cost for the Fire Station 6 External Stairwell Addition Project in the estimated amount $346,000.00, are hereby preliminarily approved and ordered Book 151 Regular Session, May 17, 2021 213 filed in the office of the City Clerk for public in- spection. Section 2. A public hearing will be held on the 7th day of June 2021, at 6:30 p.m. in the His- toric Federal Building Council Chambers (and/or by virtual means), 350 W. 6th Street, Dubuque, Iowa, at which time interested per- sons may appear and be heard for or against the proposed plans and specifications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubu- que, Iowa, which notice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any interested person may appear and file ob- jections to the proposed plans, specifications, form of contract, or estimated cost of the Pro- ject. Section 3. The Fire Station 6 External Stair- well Addition Project is hereby ordered to be ad- vertised for bids for construction. Section 4. The amount of the security to ac- company each bid shall be in an amount which shall conform to the provisions of the Notice to Bidders hereby approved. Section 5. The City Engineer is hereby di- rected to advertise for bids for the construction of the improvements herein provided, by pub- lishing the attached Notice to Bidders to be pub- lished in contractor plan room service with statewide circulation and posted on the City of Dubuque website at www.cityofdubu- que.orq/bids and which notice shall be pub- lished not less than thirteen but not more than forty-five days before the date for filing bids be- fore 2:00 p.m. on the 9th day of June 2021. Bids shall be opened and read by the City Clerk at said time and will be submitted to the City Coun- cil for final action at 6:30 p.m. on the 21st day of June 2021, in the Historic Federal Building Council Chambers (and/or by virtual means), 350 West 6m Street, Dubuque, Iowa. Passed, adopted, and approved this the 17th day of May 2021. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk 3. Jule Public Hearing Iowa Department of Transportation's Consolidated Funding Appli- cation: City Manager recommended the City Council schedule a public hearing for June 21, 2021, on the Jule's Iowa Department of Trans- portation Consolidated Funding Application. Upon motion the documents were received and filed, and Resolution No. 173-21 Setting the date for a public hearing on Iowa DOT Consoli- dated Funding Application was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on June 21, 2021 conducted virtually. RESOLUTION NO. 173-21 SETTING THE DATE FOR A PUBLIC HEAR- ING ON IOWA DOT CONSOLIDATED FUND- ING APPLICATION Whereas, the City of Dubuque provides fixed -route and paratransit services for the citi- zens of Dubuque; and Whereas, the Iowa Department of Trans- portation (IaDOT) is a pass -through funding en- tity for federal capital and operating funds; and Whereas, the City has historically applied through the IDOT for these funds; and Whereas, the City Council finds that the ap- plying for the funds to be beneficial to the con- tinued provision of transit service for the citi- zens of Dubuque; and Whereas, The Iowa Department of Trans- portation application will include requests and mandatory certifications by the City of Dubuque as follows: From the State Transit Assistance Pro- gram: 2.02% of formula funds, Total: $327,654 From federal funds for transit in non -ur- banized areas and/or for transit serving primarily elderly persons and persons with disabilities: $61,397 We understand acceptance of federal transit assistance involves an agreement to comply with certain labor protection provisions. We certify that the City of Dubuque/The Jule has sufficient non-federal funds or sufficient in -kind match to provide re- quired local match for capital projects and at time of delivery will have the funds to operate and maintain vehicles and equip- ment purchased under this contract. We request that State Transit Assistance formula funding be advanced as allowed by law, to improve system cash flow. We authorize Russell Stecklein, Director of Transportation Services, on behalf of the City Council, to apply for financial as- sistance and to enter into related con- tract(s) with the Iowa Department of Transportation. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: A public hearing will be held as part of the City Council Meeting on June 21, 2021. The meeting will begin at 6:00 p.m. and will be held in the City Council Chambers of the Historic Federal Building, 350 W 61h Street, Dubuque, Iowa. The purpose of the hearing is to allow public comment on the Consolidated Funding Application. Passed, adopted, and approved this 17th day of May 2021. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk 214 Regular Session, May 17, 2021 Book 151 [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 op- tions. The City Council agenda can be ac- cessed at https://cityofdubugue.novu- sagenda.com/AgendaPublic/ or by contacting the City Clerk's Office at 563-589-4100, ctyclerk cityofdubugue.org.l BOARDS/COMMISSIONS 1. Appointments were made to the following commission at this meeting. i. Zoning Advisory Commission: One, 3- Year term through July 1, 2023 (Vacant term of Smith). Applicant: Teri Zuccaro, 1765 Plymouth Ct. This commission is subject to the State of Iowa Gender Balance Law. 7 Commissioners total; currently 3 males/ 3 females/ 1 opening. Motion by Cavanagh to appoint Ms. Zuccaro to the 3-year term through July 1, 2023. Seconded by Resnick. Motion carried 7-0. PUBLIC HEARINGS 1. Request to Rezone 3049 Asbury Road - Traditional Zoning Request: Proof of publication on notice of public hearing to consider approval of a request from Drew Siegert to rezone prop- erty located at 3049 Asbury Road from C-2 Neighborhood Shopping Center to C-3 General Commercial, and Zoning Advisory Commission recommended approval. Motion by Jones to re- ceive and file the documents and that the re- quirement that a proposed ordinance be con- sidered and voted on for passage at two Coun- cil meetings prior to the meeting at which it is to be passed be suspended. Seconded by Res- nick. Planning Services Manager Wally Werni- mont provided a staff report. Stan Irwin, 2140 Judson Dr., spoke in opposition to the rezoning request, expressing concern that nearby prop- erties may request the same type of rezoning. Mr. Wernimont stated that conditional rezon- ings are rare and are permitted by the state. Since the property is directly adjacent to resi- dential properties, future rezoning is not likely to occur. City Council expressed their support of the Zoning Advisory Commissions' decision and stated that the conditional use rezoning was a good compromise. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 19-21 Amending Ti- tle 16 of the City of Dubuque Code of Ordi- nances, Unified Development Code, by reclas- sifying hereinafter described property located at 3049 Asbury Road from C-2 Neighborhood Commercial Shopping Center District to C-3 General Commercial District with conditions as established in the attached Memorandum of Agreement. Seconded by Resnick. Motion car- ried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 19-21 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI- FIED DEVELOPMENT CODE, BY RECLASSI- FYING HEREINAFTER DESCRIBED PROP- ERTY LOCATED AT 3049 ASBURY ROAD FROM C-2 NEIGHBORHOOD COMMERCIAL SHOPPING CENTER DISTRICT TO C-3 GEN- ERAL COMMERCIAL DISTRICT WITH CON- DITIONS AS ESTABLISHED IN THE AT- TACHED MEMORANDUM OF AGREEMENT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That Title 16 of the City of Dubu- que Code of Ordinances, the Unified Develop- ment Code, is hereby amended by reclassifying the hereinafter -described property from C-2 Neighborhood Commercial Shopping Center District to C-3 General Commercial District with conditions, to wit: Lot 1 of "Vorwald Place No. 2" in the City of Dubuque, Iowa, according to the rec- orded plats thereof, subject to ease- ments of record and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. That the foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This Ordinance shall take effect immediately upon publication, as provided by law. Passed, approved, and adopted this 17th day of May, 2021. /s/Roy D. Buol, Mayor Attest: /s/Trish L. Gleason, Assistant City Clerk Published officially in the Telegraph Herald newspaper on the 21 st day of May 2021. /s/ Trish L. Gleason, Assistant City Clerk 2. Agreement with Affordable Housing Net- work Inc. (AHNI) for Re -Development of Bishop Block, 90 Main Street: Proof of publication on notice of public hearing to consider City Council holding a public hearing on May 17, 2021 to so- licit input for a development agreement with Af- fordable Housing Network Inc (AHNI) and ap- prove the redevelopment agreement for 90 Main Street, and City Manager recommended approval. Motion by Cavanagh to receive and file the documents and adopt Resolution No. 174-21 Approving an Agreement with Afforda- ble Housing Network, Inc. for the redevelop- ment of Bishop Block. Seconded by Jones. Housing and Community Development Director Alexis Steger and City Manager Van Milligen Book 151 Regular Session, May 17, 2021 215 responded to questions from the City Council regarding the location of Bishop Block's office, the City's procedure for loans, the City's busi- ness activities with Bishop Block, and the inclu- sion of Housing Choice Vouchers (HCVs) in the First Amendment to the Development Agree- ment. City Council expressed their support in the revitalization of the property. Motion carried 7-0. RESOLUTION NO. 174-21 APPROVING AN AGREEMENT WITH AF- FORDABLE HOUSING NETWORK, INC. FOR THE RE -DEVELOPMENT OF BISHOP BLOCK Whereas, Bishop's Block Limited Partner- ship, an Iowa limited partnership (Bishop's Block) is the owner of the property at 90 Main Street, Dubuque, Iowa, legally described as fol- lows: Lots 1 and 2 of the West'/z of Block 1 of Dubuque Harbor Co's Addition, in the City of Dubuque, Iowa, according to the rec- orded plat thereof, and Lot 531 and the North'/2 of Lot 532 in the City of Dubuque, Iowa, according to the United States Com- missioner's Map of the Town of Dubuque, Iowa (the Property); and Whereas, AHNI has entered into a Real Es- tate Sale Agreement with Bishop's Block to pur- chase the Property; and Whereas, City and Bishop's Block entered into an Amended and Restated Loan Agree- ment (the Loan Agreement) dated March 5, 1999, as amended; and Whereas, the Loan Agreement requires City to consent to the sale of the Property; and Whereas, pursuant to the Loan Agreement, City loaned to Bishop's Block $350,000 and Bishop's Block evidenced by Amended and Re- stated Promissory Note dated March 5, 1999 (the Note) and a Mortgage dated March 5, 1999, filed May 7, 1999, Instrument Number 7663-99, Records of the Dubuque County, Iowa Recorder (the Mortgage); and Whereas, the Note and Mortgage remain unsatisfied; and Whereas, AHNI has requested that City consent to the sale of the Property, terminate the Loan Agreement, cancel the Note and re- lease the Mortgage; and Whereas, the City Council will hold a public hearing to solicit input on the development agreement with Affordable Housing Network Inc. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA, AS FOLLOWS: Section 1. The City Council approves the development agreement with the Affordable Housing Network Inc for the redevelopment of 90 Main Street. Section 2. The City Council authorizes the City Manager or the City Manager's designee to manage the agreement and act in accordance with the terms of the agreement. Passed, approved, and adopted this 17th day of May 2021. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk PUBLIC INPUT Due to the COVID-19 pandemic and man- dates for social distancing, public input was made available through GoToMeeting chat function, City Council and City Clerk email ac- counts. Ethain Carin, 1755 Avoca, and Brittany Krapfl, 993 Patricia Ann Dr., requested City Council repeal the City's Face Covering Ordi- nance. TJ Weber, 755 Mount Carmel Rd., was unable to speak due to audio issues, but sub- mitted a comment in the GoToMeeting chat stating his concurrence with Mr. Carin and Ms. Krapfl's comments regarding the Face Cover- ing Ordinance. ACTION ITEMS 1. COVID-19 Update and City Council Face Covering Ordinance Discussion: Mary Rose Corrigan, Public Health Specialist for the City of Dubuque, provided an update on the COVID-19 pandemic and response activities as part of the City Council's discussion of the City's Face Covering Ordinance. Motion by Cavanagh to receive and file the information, listen to the presentation, and refer to the City Council. Se- conded by Farber. Ms. Corrigan provided a power point presentation. Topics included: • Incident Management Team (IMT) • New COVID-19 Cases • COVID-19 Hospitalizations • Total Deaths — Dubuque County • Vaccination Progress • Population over 18 Fully Vaccinated • Vaccine Breakthrough • Vaccine Community Education • Face Covering Ordinance • Face Covering Ordinance Considerations Responding to questions from the City Council, Ms. Corrigan stated that 47% of Dubu- que County residents are fully vaccinated and that the vaccination rate for adjacent counties should continue to be monitored. City Council collectively expressed their support of repealing the City's Face Covering Ordinance. City Attor- ney Brumwell stated that the City Council could vote tonight to direct her to bring forth an ordi- nance repealing the City's current Face Cover- ing Ordinance. Voting on the Ordinance must take place at a meeting, with public notice pro- vided for the respective meeting. Ms. Brumwell stated that Wednesday, May 19 is the soonest that the City Council can meet. Council Member Cavanagh amended his motion to receive and 216 Regular Session, May 17, 2021 Book 151 file, view the presentation, and direct the City Attorney's Office to write a new ordinance re- pealing the City's Face Covering Ordinance, with the City Council meeting in special session on Wednesday, May 19, 2021, at 5:00 p.m. to consider passage of the ordinance, which would become effective upon publication. Se- conded by Farber. Responding to a question about whether the Ordinance can be effective immediately, City Attorney Brumwell stated that State Code dictates that Ordinances are not ef- fective until published in the local newspaper. City Clerk Breitfelder stated that she would work with the City Attorney to obtain the ordi- nance and submit it to the Telegraph Herald for publication as soon as possible after the May 19 meeting. Motion carried 7-0. 2. Public, Educational, and Government (PEG) Fund Expenditure for City Council Chambers Upgrade and City Council Hybrid Meeting Discussion: City Clerk and City Man- ager recommended approval of the Cable TV Commission recommendations for funding from the Public, Educational, and Government (PEG) Capital Grant for Access Equipment and Facilities in a not to exceed amount of $13,000 for the City of Dubuque. If funding is approved, it is further recommended that the City Council return to City Council Chambers in a hybrid meeting format on July 6, 2021. Motion by Cavanagh to receive, file and approve the fund- ing request. Seconded by Jones. City Council Members expressed support in City Council meeting in -person and discussed the possibility of meeting in -person for the next City Council meeting. City Clerk Breitfelder stated that the July 6 meeting date was selected for the first hybrid City Council meetings based on the ten- tative implementation of the new technology in mid -June. Mayor Buol stated that City Council should abide by staff's recommendation to meet in -person on July 6, 2021. Motion carried 7-0. 3. Amendment of City Ordinance 9-14- 321.645: City Manager recommended amend- ing City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 14 Parking, Division 3 Municipal Parking Lots, Section 9-14- 321.645 Meters, Time, and Fee Schedule for Specific Lots. 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 sus- pended. Seconded by Roussell. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 20-21 Amending City of Dubuque Code of Ordinances Title 9 Mo- tor Vehicles and Traffic, Chapter 14 Parking, Di- vision 3 Municipal Parking Lots, Section 9-14- 321.645 Meters; Time and Fee Schedule for Specific Lots. Seconded by Roussell. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 20-21 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 9 MOTOR VEHICLES AND TRAFFIC, CHAPTER 14 PARKING, DI- VISION 3 MUNICIPAL PARKING LOTS, SEC- TION 9-14-321.645 METERS; TIME AND FEE SCHEDULE FOR SPECIFIC LOTS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. Section 9-14-321.645 of the City of Dubuque Code of Ordinances is amended to read as follows: 9-14-321.645: METERS; TIME AND FEE SCHEDULE FOR SPECIFIC LOTS: A. Parking meters on municipally owned parking Lots, when installed and properly oper- ated, shall show legal parking upon and after the deposit of United States coins, and in the nonmetered parking Lots, parking spaces shall be reserved in accordance with the following schedules: 1. On parking Lots no. 2, 3, 5, 6, 7, 9, and 10, the amount of fee shall be displayed on each parking meter and shall indicate the period of time allowed for the particular United States coin deposit after meter has been placed in operation. The maximum parking time allowed shall be indicated on the parking meter assigned to the meter space to which it applies. 2. For municipal parking Lots, the days and hours of reserved parking for non - metered spaces shall be designated by the city manager. The city manager shall pub- lish notice of such hours by prominently dis- playing such notice within the Lots. The city manager shall keep the city council in- formed of the hours of opening and closing thereof or any change of such hours. It is intended hereby that regular service hours shall be established for the operation of the parking Lots, but in addition, permit such flexibility in the established hours so that the municipal parking Lots can be operated ac- cording to service demand, special events, and holiday shopping requirements. B. Notice of such restrictions, as provided for in this section, shall be displayed at each Lot. The owner or operator of any vehicle who shall receive notice either personally or by the attaching of such notice to said vehicle if said vehicle is parked in violation of this section shall, when such notice is served upon such owner or operator or attached to said vehicle, pay to the city treasurer as a penalty for such violation the sum of fifteen dollars ($15.00) and after thirty (30) days a sum of twenty dollars ($20.00). Book 151 Regular Session, May 17, 2021 217 C. The city manager is authorized to estab- lish fees and charges for parking of motor vehi- cles in the municipal parking Lots. Section 2. This ordinance shall take effect upon publication. Passed, approved, and adopted this 17th day of May 2021. /s/Roy D. Buol, Mayor Attest: /s/Trish L. Gleason, Assistant City Clerk Published officially in the Telegraph Herald newspaper on the 21 st day of May 2021. /s/ Trish L. Gleason, Assistant City Clerk 4. Moody's Investors Service Upgrade of Credit Rating on Water Enterprise Revenue Bonds: City Manager submitted the credit rating upgrade report from Moody's Investors Service on the outstanding water enterprise revenue bonds. Moody's Investors Service upgraded the City's credit rating of A2 to Al on the water en- terprise revenue bonds. Motion by Roussell to receive and file the documents. Seconded by Farber. Motion carried 7-0. 5. Tiffany Court - Lead Mine Sinkhole Sub- sidence Remediation Project: Approve Cooper- ative 28E Agreement with State of Iowa and ap- prove Tiffany Court Mine Remediation Site Ac- cess Agreement: City Manager recommended City Council approval of a resolution authorizing the Mayor to execute a Cooperative 28E Agree- ment between the Iowa Department of Agricul- ture and Land Stewardship and the City of Dubuque, and the Property Owner Site Access Agreements to allow for the remediation and mitigation of the lead mine sinkhole subsidence that developed at 2784 and 2792 Tiffany Court. Motion by Roussell to receive and file the doc- uments and adopt Resolution No. 175-21 Ap- proving a Cooperative 28E Agreement with the Iowa Department of Agriculture and Land Stew- ardship and approving Property Owner Site Ac- cess Agreements for a project to remediate and mitigate the lead mine sinkhole subsidence at 2784 and 2792 Tiffany Court. Seconded by Resnick. City Council expressed support for the agreement and thanked staff for their work. Mo- tion carried 7-0. RESOLUTION NO. 175-21 APPROVING A COOPERATIVE 28E AGREE- MENT WITH THE IOWA DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP AND APPROVING PROPERTY OWNER SITE ACCESS AGREEMENTS FOR A PROJECT TO REMEDIATE AND MITIGATE THE LEAD MINE SINKHOLE SUBSIDENCE AT 2784 AND 2792 TIFFANY COURT Whereas, a large sinkhole has developed on private property at 2784 and 2792 Tiffany Court which rests on or very near a historically large sub-terrainian crevice (Stewart's Crevice) related to abandoned lead/zinc mining opera- tions; and Whereas, a Cooperative 28E Agreement has been agreed to subject to City Council ap- proval between the Iowa Department of Agricul- ture and Land Stewardship (IDALS) and the City of Dubuque (City) for a joint partnership project to remediate and mitigate the lead mine sinkhole subsidence, a copy of which Coopera- tive 28E Agreement is attached hereto; and Whereas, City and IDALS will be completing the remediation and mitigation work in the inter- est of public health, safety, general welfare, pri- vate property, and to protect public property and infrastructure; and Whereas, IDALS has agreed to reimburse City for allowable expenditures up to $150,000.00 for work performed that is directly related to the remediation of the lead mine sub- sidence; and Whereas, City and the property owners af- fected by the sinkhole have agreed to a Site Ac- cess Agreement which states that the property owners have requested full and continuing ac- cess to the property for City and IDALS to per- form investigation, testing, analysis, and if de- termined necessary by City and IDALS, exca- vation and construction and such remediation and mitigation work as City and IDALS deter- mine in their sole discretion is appropriate; and Whereas, both the 28E Agreement and Site Access Agreement state and make no guaran- tees about long term performance of the con- structed remediation and mitigation, nor may they be construed to provide any protections to any person or property from future subsidence at 2784 and 2792 Tiffany Court after the reme- diation and mitigation is completed; and Whereas, the City Council finds that it is in the bests interest of the City of Dubuque to ap- prove the 28E Agreement and Site Access Agreement because City and IDALS will be completing the remediation and mitigation work in the interest of public health, safety, general welfare, private property, and to protect public property and infrastructure. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA, THAT: Section 1. That the 28E Agreement and Site Access Agreement for a joint partnership pro- ject to remediate and mitigate the lead mine sinkhole subsidence at 2784 and 2792 Tiffany Court is hereby approved. Section 2. That the Mayor be authorized and directed to execute said Cooperative 28E Agreement and Site Access Agreement to allow for the remediation and mitigation of the lead mine sinkhole subsidence that developed at 2784 and 2792 Tiffany Court. Passed, approved, and adopted this 17th day of May 2021. Roy D. Buol, Mayor 218 Regular Session, May 17, 2021 Book 151 Attest: Trish L. Gleason, Assistant City Clerk 6. Revised Sidewalk Replacement Policy Proposal Related to Street Tree Impacted Side- walks: City Manager recommended City Coun- cil approval of a revision to the sidewalk re- placement policy related to street tree impacted sidewalk, which includes not assessing the abutting property owner for the sidewalk re- placement caused by the former location of a city street tree effective May 17, 2021. Motion by Jones to receive and file the documents and approve the policy. Seconded by Cavanagh. City Council expressed support of the policy and that it addresses safety hazards. Motion carried 7-0. 7. Proposed Service Agreement with CGM, LLC for Provision of an Enrollment Portal and Customer Service System for Access to Feder- ally Available Broadband Subsidies by Qualify- ing Dubuque Residents: City Manager recom- mended City Council approval of a service agreement with CGM, LLC that will create an improved opportunity for qualifying Dubuque residents to take advantage of Federally funded broadband internet subsidies. Motion by Jones to receive and file the documents and approve the agreement. Seconded by Cavanagh. Mo- tion carried 7-0. 8. John F. Kennedy Road Sidewalks Dis- cussion: City Clerk transmitted historical infor- mation about the John F. Kennedy Road side- walks. Motion by Roussell to receive and file the information and refer to City Council. Seconded by Resnick. City Council discussed the history of City Council's policies on John F. Kennedy Road sidewalks and expressed support on moving forward with consideration of sidewalks and receiving information from City staff. Coun- cil Member Roussell amended the motion to re- ceive and file the information and receive a staff update on costs for residents. Seconded by Resnick. Motion carried 7-0. 9. Request to Schedule Work Session - Childcare Challenges and Progress: City Man- ager requested the City Council schedule a work session for July 19, 2021, at 5:45 p.m. re- garding childcare challenges and progress. Mo- tion by Cavanagh to receive and file the docu- ments and schedule the work session as rec- ommended. Seconded by Resnick. No sched- ule conflicts were expressed. Motion carried 7- 0. 10. Request to Schedule Work Session - Equity Plan Progress Report: City Manager re- quested the City Council schedule a work ses- sion for August 2, 2021, at 5:00 p.m. on the Eq- uity Plan Progress Report. Motion by Cavanagh to receive and file the documents and schedule the work session as recommended. Seconded by Sprank. No schedule conflicts were ex- pressed. Motion carried 7-0. Book 151 Special Session, May 19, 2021 219 11. Request to Reschedule Work Session - Sustainable Dubuque Quarterly Update: City Manager requested the City Council move the August 16, 2021, Sustainable Dubuque Work Session to September 7, 2021, at 5:30 p.m. to accommodate a scheduling conflict. Motion by Cavanagh to receive and file the documents and schedule the work session as recom- mended. Seconded by Roussell. No schedule conflicts were expressed. Motion carried 7-0. COUNCIL MEMBER REPORTS Council Member Roussell reported on her recent volunteer work with Dubuque Trees For- ever and thanked Council Member Sprank for his help planting trees with other volunteers this past Saturday. CLOSED SESSION Motion by Jones to convene in closed ses- sion at 9:38 p.m. to discuss purchase or sale of real estate - Chapter 21.5(1), Q) Code of Iowa. Seconded by Farber. Mayor Buol stated for the record that the attorney who will consult with City Council on the issues to be discussed in the closed session is City Attorney Crenna Brumwell. Motion carried 7-0. Upon motion, the City Council reconvened in open session at 10:14 p.m. stating that staff had been given proper direction. There being no further business, Mayor Buol declared the meeting adjourned at 10:15 p.m. /s/Adrienne N. Breitfelder, City Clerk CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 5:00 p.m. on May 19, 2021. Due to the COVID-19 pandemic and man- dates 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.cityofdubuque.org/me- dia, and streamed live on the City's Facebook page at www.facebook.com/citVofdu bug ue. Present: Mayor Buol; Council Members Cavanagh, Farber, Jones, Resnick, Roussell, Sprank; City Manager Van Milligen, City Attor- ney Brumwell. Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of adopting an ordinance replating the City's Face Covering Requirement. ACTION ITEMS 1. Repealing Code of Ordinances Section 6- 1-2 Face Covering Requirement: City Attorney provided an ordinance that repeals City of Dubuque Code of Ordinances Section 6-1-2 Face Covering Requirement. Motion by Jones to receive and file the documents and that the requirement that a proposed ordinance be con- sidered and voted on for passage at two Coun- cil meetings prior to the meeting at which it is to be passed be suspended. Seconded by Farber. City Council expressed concern with the State's recent passage of legislation making it illegal for school districts to require face coverings in schools but stated that the legislature's decision will not change City Council's decision on the City's Face Covering Ordinance. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 21-21 Amending City of Dubuque Code of Ordinances Title 6 Health, Housing, Sanitation and Environment, Chapter 1 Health and Safety Regulations, Sec- tion 2 Face Covering Requirement. Seconded by Farber. Responding to a question from the City Council, City Clerk Breitfelder stated that the ordinance will be published on May 20, 2021 and is therefore the effective date of the ordinance. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 21-21 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 6 HEALTH, HOUSING 220 Regular Session, June 7, 2021 Book 151 SANITATION AND ENVIRONMENT, CHAP- TER 1 HEALTH AND SAFETY REGULA- TIONS, SECTION 2 FACE COVERING RE- QUIREMENT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. Title 6, Chapter 1 is amended by repealing Section 6-1-2 Face Covering Re- quirement. Section 2. This ordinance shall take effect upon publication. Passed, approved, and adopted this 19'h day of May 2021. /s/Roy D. Buol, Mayor Attest:/s/Trish L. Gleason, Assistant City Clerk Published officially in the Telegraph Herald newspaper on the 20th day of May 2021. /s/ Trish L. Gleason, Assistant City Clerk There being no further business, Mayor Buol declared the meeting adjourned at 5:11 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 June 7, 2021. Due to the COVID-19 pandemic and man- dates for social distancing, this meeting was conducted virtually and aired live on CityChan- nel 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.face- book.com/cityofdubugue. Present: Mayor Buol; Council Members Cavanagh, Farber, Jones, Resnick, Roussell, Sprank; City Attorney Brumwell. City Manager Van Milligen experienced technical difficulties at the beginning of the meeting and was able to join the meeting at 6:34 p.m. 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. City Clerk Breitfelder stated for the record that Action Item No. 8 on the agenda, Proposed Ordinance Amendment to Incorporate Rent Abatement and Escrow Accounts, was re- moved from the meeting at the request of the City Manager. PLEDGE OF ALLEGIANCE PRESENTATION(S) 1. COVID-19 Update: Mary Rose Corrigan, Public Health Specialist for the City of Dubu- que, provided an update on the COVID-19 pan- demic and response activities. Ms. Corrigan re- sponded to questions from the City Council fol- lowing her presentation. CONSENT ITEMS Motion by Resnick to receive and file the documents, adopt the resolutions, and dispose of as indicated. Council Member Jones re- quested Item Nos. 12, 13, and 15 be held for separate discussion. Council Member Resnick amended his motion to receive and file the doc- uments, adopt the resolutions, and dispose of as indicated except for Item Nos. 12, 13, and 15. Seconded by Jones. Motion carried 7-0. 1. Minutes and Reports Submitted: City Council Proceedings of 5/17 and 5/19; Cable Book 151 Regular Session, June 7, 2021 221 TV Commission of 3/10; Community Develop- ment Advisory Commission of 5/19; Housing Commission of 5/11; Human Rights Commis- sion of 4/12; Library Board of Trustees of 5/27; Proof of Publication for City Council Proceed- ings of 5/3. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: Jacqueline Clasen for personal injury; Steve Haferbecker for property damage; Mediacom/PRG for prop- erty damage. Upon motion the documents were received, filed, and referred to the City Attorney. 3. Disposition of Claims: City Attorney ad- vised that the following claims have been re- ferred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Jacqueline Clasen for personal injury; Steve Haferbecker for property damage; Me- diacom/PRG for property damage. Upon mo- tion the documents were received, filed, and concurred. 4. Approval of City Expenditures: City Man- ager recommended City Council approval for payment of City expenditures. Upon motion the documents were received and filed, and Reso- lution No. 176-21 Authorizing the Director of Fi- nance and Budget/City Treasurer to make cer- tain payments of bills that must be paid and ap- proved for payment in accordance with City pro- cedures was adopted. RESOLUTION NO. 176-21 AUTHORIZING THE DIRECTOR OF FI- NANCE AND BUDGET / CITY TREASURER TO MAKE CERTAIN PAYMENTS OF BILLS THAT MUST BE PAID AND APPROVED FOR PAYMENT IN ACCORDANCE WITH CITY PROCEDURES 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 De- partment personnel in accordance with gener- ally accepted internal control procedures and have been determined to have been requisi- tioned for a lawful municipal purpose; and Whereas, the Finance Director -City Treas- urer 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; an 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 pay- ment of certain expenditures known as Excep- tion 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 Treas- urer is hereby authorized to issue payment for goods and services provided for City purposes in response to the purchase orders and con- tracts issued in compliance with state and mu- nicipal code requirements as requested by des- ignated requisitioning authorities in accordance with approved budget appropriations. Section 2. In accordance with Iowa Code Section 372.13(6), the City Clerk and Finance Director are hereby authorized and directed to provide the statement of receipts and disburse- ments to the City Council, and to publish a sum- mary thereof. Passed, approved, and adopted this 7th day of June 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 5. Resolution Approving Fund Transfers for Capital Projects and Other Expense Reim- bursements in Fiscal Year 2021: City Manager recommended approval of the suggested pro- ceedings approving a transfer of funds for cap- ital projects and other expense reimburse- ments. Upon motion the documents were re- ceived and filed, and Resolution No. 177-21 Au- thorizing the Director of Finance and Budget to make the appropriate interfund transfers of sums and record the same in the appropriate mannerforthe FY 2021 forthe City of Dubuque, Iowa was adopted. RESOLUTION NO. 177-21 AUTHORIZING THE DIRECTOR OF FI- NANCE AND BUDGET TO MAKE THE AP- PROPRIATE INTERFUND TRANSFERS OF SUMS AND RECORD THE SAME IN THE AP- PROPRIATE MANNER FOR THE FY 2021 FOR THE CITY OF DUBUQUE, IOWA Whereas, Iowa Administrative Rules Code Section 545-2.5(5) implements Iowa Code Sec- tion 384.18 and provides that the City Council shall approve all transfers of moneys from one budgeted fund to another budgeted fund as pro- vided in Iowa Administrative Rules Code Sec- tion 545-2.5(5). NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. Authorize the Director of Finance and Budget to Transfer Funds. That the Direc- tor of Finance and Budget be and is hereby au- thorized by the City Council to make the appro- priate interfund transfer of sums and record the same in the appropriate manner for FY 2021. 222 Regular Session, June 7, 2021 Book 151 Section 2. Transfer of Funds. That the Di- rector of Finance and Budget will transfer the following sums and to record the same in the appropriate manner: 1. Transfer from the Stormwater Con- struction Fund to the Sales Tax Increment Fund $40,719.83 for Flood Control Mainte- nance Facility. 2. Transfer from General Fund to the Sec- tion 8 Fund $335,104.00 for the deficit re- lated to HUD administrative funding. 3. Transfer from the General Fund to the DRA Distribution Fund $1,811,586.00 for budgeted capital projects. 4. Transfer from General Fund to Transit Fund $1,770,145.00 for the Transit Levy and reimbursement of the downtown shut- tle. 5. Transfer from the General Fund to the Sanitary Sewer Fund $27,029.00 for reim- bursement of 50% rate reduction. 6. Transfer from the General Fund to the Water Fund $19,660.00 for reimbursement of 50% rate reduction. 7. Transfer from the General Fund to the Refuse Fund $38,340.00 for reimbursement of 50% rate reduction. 8. Transfer from General Fund to the San- itary Sewer Fund $55,754.00 for the Force Main Stabilization Project. 9. Transfer from DRA Distribution Fund to Airport Construction Fund $48,868.00 for Old Airline Terminal Assessment Project. 10. Transfer from DRA Distribution Fund to Transit Fund $82,456.00 for Minibus Re- placements. 11. Transfer from DRA Distribution Fund to the Stormwater Operating Fund $98,981.00 for stormwater subsidies related to tax exempt entities, farms, and half rate for income qualified. 12. Transfer from the Tort Liability Fund to the General Fund $378,829.92 for the cost of liability insurance. 13. Transfer from the Trust and Agency Fund to the General Fund $3,165,352.73 for the cost of employee benefits. 14. Transfer from the Dubuque Industrial Center Tax Increment Financing Fund to the General Fund $278,720.00 for the reim- bursement of Tax Increment Financing eli- gible expenses. 15. Transfer from the Greater Downtown Tax Increment Financing Fund to the Gen- eral Fund $4,854.00 for the reimbursement of Tax Increment Financing eligible ex- penses. 16. Transfer from Dubuque Industrial Center TIF fund to the General Construction Fund $575,719.00 for Tax Increment financ- ing eligible construction projects. 17. Transfer from the North Cascade Road Housing Tax Increment Financing Fund to the General Construction Fund $310,720.00 for low- and moderate -income eligible projects. 18. Transfer from the North Cascade Road Housing Tax Increment Financing Fund to the Water Construction Fund $704,394.00 for reimbursement of Tax In- crement Financing eligible projects. 19. Transfer from the English Ridge Hous- ing Tax Increment Financing Fund to the Water Construction Fund $242,708.00 for reimbursement of Tax Increment Financing eligible construction projects. 20. Transfer from the South Pointe Hous- ing Tax Increment Financing Fund to the Water Construction Fund $72,042.00 for re- imbursement of Tax Increment Financing eligible construction projects. 21. Transfer from Greater Downtown TIF Fund to Parking Operations Fund $280,000.00 for debt service on downtown ramps. 22. Transfer from Greater Downtown TIF Fund to Housing Trust Fund $50,000.00 for reimbursement of Tax Increment Financing eligible construction projects. 23. Transfer from Greater Downtown TIF Fund to the General Construction Fund $99,932.00 for reimbursement of Tax Incre- ment Financing eligible construction pro- jects. 24. Transfer from Road Use Tax Fund to General Fund $52,284.00 for Alliant Broad- band project. 25. Transfer from Street Construction Fund to General Construction Fund $349,309.00 for Highway 52 Phase 4 pro- ject. 26. Transfer from Sales Tax Construction Fund to Airport Construction Fund $5,780.00 for Airport Cap Old Wells project. 27. Transfer from Sales Tax Construction Fund to Transit Fund $260,000.00 for Re- placement of Minibuses project. 28. Transfer from Sanitary Sewer Operat- ing Fund to General Fund $1,682,275.00 for recharge of administrative overhead. 29. Transfer from Sanitary Sewer Operat- ing Fund to Sanitary Sewer Capital Fund $900,000.00 for capital construction. 30. Transfer from Stormwater Operating Fund to General Fund $608,650.00 for re- charge of administrative overhead. 31. Transfer from Stormwater Operating Fund to Stormwater Construction Fund $880,000.00 for capital construction. 32. Transfer from Parking Operating Fund to General Fund $172,088.00 for recharge of administrative overhead. 33. Transfer from Parking Operating Fund to Parking Construction Fund $79,570.00 for capital construction. Book 151 Regular Session, June 7, 2021 223 34. Transfer from Water Operating Fund to General Fund $567,194.00 for recharge of administrative overhead. 35. Transfer from Water Operating Fund to Water Construction Fund $550,000.00 for capital construction. 36. Transfer from Refuse Fund to General Fund $1,191,482.00 for recharge of admin- istrative overhead. 37. Transfer from Stormwater Construc- tion Fund to General Fund $14,190.00 for Valentine Park stormwater improvements. 38. Transfer from Landfill Fund to General Fund $420,846.00 for recharge of adminis- trative overhead. Passed, approved, and adopted this 7th day of June 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 6. 2021 Asphalt Overlay Ramp Project 4: City Manager recommended award of the 2021 Asphalt Overlay Ramp Project 4 construction contract to the low bidder, Tschiggfrie Excavat- ing Co., in the amount of $159,452.10, which is 1.91 % below the engineer's estimate. Upon motion the documents were received and filed, and Resolution No. 178-21 Awarding the Public Improvement Contract for the 2021 Asphalt Overlay Ramp Project 4 was adopted. RESOLUTION NO. 178-21 AWARDING THE PUBLIC IMPROVEMENT CONTRACT FOR THE 2021 ASPHALT OVERLAY RAMP PROJECT 4 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Whereas, sealed proposals have been sub- mitted by contractors for the 2021 Asphalt Overlay Ramp Project 4, (the Project) pursuant to Resolution No. 123-21 and Notice to Bidders published on the City of Dubuque, Iowa website and plan room service with statewide circulation on the 23rd day of April 2021; and Whereas, said sealed proposals were opened and read on the 13t" day of May 2021 and it has been determined that Tschiggfrie Ex- cavating Co. of Dubuque, Iowa, with a low bid in the amount of $159,452.10 is the lowest re- sponsive, responsible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That a Public Improvement Contract for the Project is hereby awarded to Tschiggfrie Exca- vating, Co. and the City Manager is hereby di- rected to execute a Public Improvement Con- tract on behalf of the City of Dubuque for the Project. Passed, adopted, and approved this 7th day of June 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 224 Regular Session, June 7, 2021 Book 151 7. Grant Report for Fiscal Year 2020 CLG Grant for Continued Preservation Planning at Eagle Point Park: City Manager recommended approval of a grant report for the Phase I Ar- chaeological Survey at Eagle Point Park, made possible through a $10,000 grant from the Cer- tified Local Government grant program by the State Historic Preservation Office, under the Iowa Department of Cultural Affairs. Upon mo- tion the documents were received, filed, and approved. 8. Four Mounds Parking and Accessibility Improvements: City Manager recommended that the award for the Four Mounds Parking and Accessibility Improvements Project be officially recorded in the minutes of the City Council. Upon motion the documents were received, filed, and made a Matter of Record. 9. 2021 Asphalt Overlay Access Ramp Pro- ject 1: City Manager recommended acceptance of the construction contract for the 2021 Asphalt Overlay Access Ramp Project 1, as completed by D&D Concrete, Inc., in the final contract amount of $124,435.10, which is a 19.17% in- crease over the original contract amount of $104,418.00. Upon motion the documents were received and filed, and Resolution No. 179-21 Accepting the 2021 Asphalt Overlay Access Ramp Project 1 and authorizing the final pay- ment to the contractor was adopted. RESOLUTION NO. 179-21 ACCEPTING THE 2021 ASPHALT OVERLAY ACCESS RAMP PROJECT 1 AND AUTHOR- IZING THE FINAL PAYMENT TO THE CON- TRACTOR Whereas, the public improvement contract for the 2021 Asphalt Overlay Access Ramp Project 1, (the Project) has been completed by the Contractor, D & D Concrete, Inc. (Contrac- tor), 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 $124,435.10; and Whereas, the Contractor has previously been paid $118,213.35, leaving a balance of $6,221.76; and Whereas, the City Council finds that the rec- ommendation 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 Curb Ramp Program CIP appropriations for the con- tract amount of $124,435.10 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 $6,221.76 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 7th day of June 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF 2021 ASPHALT OVERLAY ACCESS RAMP PROJECT 1 The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the 2021 Asphalt Overlay Access Ramp Project 1, and that said Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $140,611.10. Dated this 27th day of May 2021. /s/Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 27th day of May 2021. /s/Adrienne N. Breitfelder, City Clerk 10. 2021 Water Quality Report Public Infor- mation Brochure: City Manager provided a copy of the 2021 Water Quality Report public infor- mation brochure. Upon motion the documents were received and filed. 11. Public Works Tipper Carts Public Infor- mation Postcard: City Manager provided a copy of the Public Works tipper cart public infor- mation postcard. Upon motion the documents were received and filed. 12. Sustainable Community Coordinator Gina Bell featured in bizTimes: City Manager provided a copy of the April 2021 issue of biz - Times in which Sustainable Community Coordi- nator Gina Bell is featured. Council Member Jones recognized Ms. Bell and Ms. Hunter (Item No. 13) for their involvement in the com- munity. Motion by Jones to receive and file Item Nos. 12 and 13. Seconded by Resnick. Motion carried 7-0. 13. Multicultural Family Center Director Jacqueline Hunter featured in Iowa Natural Her- itage Magazine: City Manager provided a copy of the Spring 2021 issue of Iowa Natural Herit- age in which Multicultural Family Center Direc- tor Jacqueline Hunter is featured. Upon motion with Item No. 12 the documents were received and filed. Book 151 Regular Session, June 7, 2021 225 14. Local College Access Network Grant: City Attorney recommended approval to submit a letter of support of the Community Foundation of Greater Dubuque's application for a Year IV Local College Access Network Grant from the Iowa Student Aid Commission. Upon motion the documents were received, filed, and ap- proved. 15. Bill Blum Memorial Resolution: Senior Counsel requested the City Council receive and file a Memorial Resolution for the Dubuque County Bar Association Memorial Service for Bill Blum, who served in the City Attorney's Of- fice for thirty-three years and passed away May 31, 2021. Council Member Jones commemo- rated Mr. Blum and his service to the city. Mo- tion by Jones to receive and file the documents and that the Memorial Resolution be read. Se- conded by Resnick. City Attorney Brumwell read the Memorial Resolution. Motion carried 7- 0. 16. First Amendment to Development Agreement between the City of Dubuque and Affordable Housing Network, Inc.: Senior Coun- sel recommended adoption of a resolution ap- proving the First Amendment to Development Agreement between the City of Dubuque and Affordable Housing Network, Inc. Upon motion the documents were received and filed, and Resolution No. 180-21 Approving the First Amendment to Development Agreement be- tween the City of Dubuque, Iowa and Affordable Housing Network, Inc. was adopted. RESOLUTION NO 180-21 APPROVING THE FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND AF- FORDABLE HOUSING NETWORK, INC. Whereas, the City of Dubuque, Iowa, an Iowa municipal corporation (City) and Afforda- ble Housing Network, Inc., an Iowa non-profit corporation (AHNI), have entered into a Devel- opment Agreement dated the 17th day of May 2021; and Whereas, City and AHNI desire to amend the Development Agreement as set forth in the attached First Amendment attached hereto; and Whereas, the City Council finds that it is in the best interests of the City of Dubuque to ap- prove the First Amendment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: Section 1. The First Amendment to Devel- opment Agreement is hereby approved. Section 2. The Mayor is hereby directed to sign the First Amendment on behalf of the City of Dubuque. Passed, approved, and adopted this 7th day of June 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 17. Dissolution of America's River Corpora- tion: City Manager recommended approval of the Joint Written Action of the Members of America's River Corporation, an Iowa non-profit corporation. Upon motion the documents were received, filed, and approved. 18. Letter of Support for Kretschmer, LLC's Project at 220 E. 9th Street to Iowa Economic Development Authority's Grayfield Tax Credit Program: City Manager transmitted a letter of support provided to Kretschmer, LLC for their application to the Iowa Economic Development Authority for Grayfield Tax Credits to redevelop the property at 220 E. 9th Street, which is a par- tially vacant and underutilized former manufac- turing facility. Upon motion the documents were received and filed. 19. Close Out of Business Assistance Con- tract 14-DF/TC-015 for Progressive Pro- cessing, LLC: City Manager transmitted infor- mation to inform the City Council that the terms of a Business Assistance Contract from the Iowa Economic Development Authority to Pro- gressive Processing, LLC have been satisfied, and the contract has been closed out by the State. Upon motion the documents were re- ceived and filed. 20. Request to Use FY21 Arts and Culture Grant Program Balances for New, Non -Recur- ring Creative Resiliency Funding Program for Local Arts and Culture Nonprofits: City Man- ager recommended approval to utilize the re- maining FY21 balances of the Arts and Culture Operating Support and Special Projects grant programs in the amount of $23,311 to offer a new, one-time "Creative Resiliency" funding op- portunity for Dubuque -based arts and culture nonprofits. Upon motion the documents were received, filed, and approved. 21. Signed Contract(s): Platinum Hospitality Group, LLC Fourth Amendment to Facility Man- agement Agreement. Upon motion the docu- ments were received and filed. 22. Pre -Annexation Agreement - Vendors Unlimited Corporation: City Manager recom- mended approval of a Pre -Annexation Agree- ment with Vendors Unlimited Corporation, for nine Lots of property located in Wildflower Ridge Subdivision located off of Kennedy Road in Dubuque County, in conjunction with their re- quest to connect to City water. Upon motion the documents were received and filed, and Reso- lution No. 181-21 Approving a Pre -Annexation 226 Regular Session, June 7, 2021 Book 151 Agreement between the City of Dubuque, Iowa and Vendors Unlimited Corporation was adopted. RESOLUTION NO. 181-21 APPROVING A PRE -ANNEXATION AGREE- MENT BETWEEN THE CITY OF DUBUQUE, IOWA, AND VENDORS UNLIMITED CORPO- RATION Whereas, Vendors Unlimited Corporation, the owner of the following described property located in Wildflower Ridge Subdivision off of Kennedy Road in Dubuque County, Iowa (the Property) have submitted to the City Council of the city of Dubuque an application for voluntary annexation of the Property to the City of Dubu- que: Pin, Legal Description 1003451009, Lot 12 Of Block 2 Wildflower Ridge Subdivision 1003455001, Lot A Wildflower Ridge Subdivi- sion #2 In Dubuque County, Iowa 1003477002, Lot 4 Wildflower Ridge Subdivi- sion #3 Dubuque County, Iowa 1003477003, Lot 5 Wildflower Ridge Subdivi- sion #3 Dubuque County, Iowa 1003477004, Lot 6 Wildflower Ridge Subdivi- sion #3 Dubuque County, Iowa 1003477005, Lot 7 Wildflower Ridge Subdivi- sion #3 Dubuque County, Iowa 1003476006, Lot 9 Wildflower Ridge Subdivi- sion #3 Dubuque County, Iowa 1003476003, Lot 7 Wildflower Ridge Subdivi- sion #2 In Dubuque County, Iowa 1003455008, Lot 1 Wildflower Ridge Subdivi- sion #3 Dubuque County, Iowa 1003401026, Balance of Lot A (In County) Wildflower Ridge Subdivision #3 In Dubuque County, Iowa Whereas, Vendors Unlimited Corporation has entered into a Pre -annexation Agreement with the City of Dubuque, a copy of which is at- tached 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 author- izes 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 or- derly 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 an- nexation of the Property is in the public interest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The Pre -annexation Agreement by and between Vendors Unlimited Corporation and the City of Dubuque is hereby approved. Passed, approved, and adopted this 7th day of June 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 23. Pre -Annexation Agreement - Marty J. and Dawn Wagner: City Manager recom- mended approval of a Pre -Annexation Agree- ment with Marty J. and Dawn Wagner, for prop- erty located at 10906 Cascade Drive, in con- junction with their request to connect to City wa- ter. Upon motion the documents were received and filed, and Resolution No. 182-21 Approving a Pre -Annexation Agreement between the City of Dubuque, Iowa and Marty J. and Dawn Wag- ner was adopted. RESOLUTION NO. 182-21 APPROVING A PRE -ANNEXATION AGREE- MENT BETWEEN THE CITY OF DUBUQUE, IOWA AND MARTY J. AND DAWN WAGNER Whereas, Marty J. and Dawn Wagner, the owner of the following described property lo- cated at 10906 Cascade Dr. in Dubuque County, Iowa (the Property) have submitted to the City Council of the city of Dubuque an appli- cation for voluntary annexation of the Property to the City of Dubuque: Lot 1 of Lot 39, And the Southerly 10 Feet or Lot 40, In "Kerrigan Road Heights" In Table Mound Township, Dubuque County, Iowa, According to The Recorded Plats Thereof; and Whereas, Marty J. and Dawn Wagner have 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 author- izes 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 or- derly 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 an- nexation of the Property is in the public interest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The Pre -annexation Agreement by and between Marty J. and Dawn Wagner and the City of Dubuque is hereby approved. Book 151 Regular Session, June 7, 2021 227 Passed, approved, and adopted this 7t' day of June 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 24. Alcohol License Applications: City Man- ager recommended approval of annual liquor, beer, and wine license applications as submit- ted. Upon motion the documents were received and filed, and Resolution No. 183-21 Approving applications for beer, liquor, and/or wine per- mits, as required by City of Dubuque Code of Ordinances Title 4 Business and License Reg- ulations, Chapter 2 Liquor Control, Article B Liq- uor, Beer and Wine Licenses and Permits was adopted. RESOLUTION NO. 183-21 APPROVING APPLICATIONS FOR BEER, LIQUOR, AND/OR WINE PERMITS, AS RE- QUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LI- CENSE REGULATIONS, CHAPTER 2 LIQ- UOR CONTROL, ARTICLE B LIQUOR, 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 author- ized and directed to cause to be issued the noted permit types to the following applicants pending submission of the locally required doc- umentation: Renewals Buffalo Wild Wings, 2805 Northwest Arterial Hartig Drug Company #2, 157 Locust St. Hilton Garden Inn and Q Casino and Houli- han's, 1801 and 1855 Greyhound Park Dr. Mason Dixon Saloon, 163 Main St. Super Stop IV, 535, Hill St. Suit A Walgreens #06154, 2260 J. F. Kennedy Rd. Walgreens #09708, 55 J. F. Kennedy Rd. Special Event(s) per Special Event Application Submittal Shenanigans Pub, 3203 Jackson St. Passed, approved, and adopted this 7th day of June 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 Jones. Motion carried 7-0. 1. Proceedings to Set Public Hearing on the Issuance of Not to Exceed $3,800,000 Water Revenue Refunding Bonds, Series 2021C: City Manager recommended that a public hearing be set for June 21, 2021, on the proposition of selling not to exceed $3,800,000 in Water Rev- enue Refunding Bonds, Series 2021C. Upon motion the documents were received and filed, and Resolution No. 184-21 Fixing date for a meeting on the proposition of the issuance of not to exceed $3,800,000 Water Revenue Re- funding Bonds of the City of Dubuque, State of Iowa, and providing for publication of notice thereof was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on June 21, 2021 conducted virtually. RESOLUTION NO. 184-21 FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $3,800,000 WATER REVENUE REFUNDING BONDS OF THE CITY OF DUBUQUE, STATE OF IOWA, AND PROVID- ING FOR PUBLICATION OF NOTICE THEREOF Whereas, it is deemed necessary and ad- visable that the City of Dubuque, State of Iowa, should issue Water Revenue Refunding Bonds, to the amount of not to exceed $3,800,000, as authorized by Sections 384.82 and 384.83, of the Code of Iowa, for the purpose of providing funds to pay costs of carrying out project(s) as hereinafter described; and Whereas, Bonds shall be payable solely and only out of the Net Revenues of the Munic- ipal Water System and shall be a first lien on the future Net Revenues of the Utility; and shall not be general obligations of the City or payable in any manner by taxation and the City shall be in no manner liable by reason of the failure of the Net Revenues to be sufficient for the pay- ment of the Bonds; and Whereas, before the Bonds may be issued, it is necessary to comply with the provisions of the Code, and to publish a notice of the pro- posal to issue such bonds and of the time and place of the meeting at which the Council pro- poses to take action for the issuance of the Bonds and to receive oral and/or written objec- tions from any resident or property owner of the City to such action. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, STATE OF IOWA: Section 1 That this Council meet at 6:30 228 Regular Session, June 7, 2021 Book 151 p.m., on the 21 st day of June, 2021, for the pur- pose of taking action on the matter of the issu- ance of not to exceed $3,800,000 Water Reve- nue Refunding Bonds, the proceeds of which bonds will be used to provide funds to pay the costs of refunding outstanding revenue obliga- tions of the City, including Water Revenue Bonds, Series 2010D dated September 21, 2010, and Water Revenue Bonds, Series 2008D dated November 4, 2008. Section 2 That the Clerk is hereby directed to cause at least one publication to be made of a notice of the meeting, in a legal newspaper, printed wholly in the English language, pub- lished at least once weekly, and having general circulation in the City. The publication to be not less than four clear days nor more than twenty days before the date of the public meeting on the issuance of the Bonds. Section 3 The notice of the proposed action to issue bonds shall be in substantially the [pro- vided] form: Passed and approved this 7th day of June 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 2. Corps of Engineers Acceptance of Con- sent to Easement Structures: City Manager re- quested the City Council set a public hearing for June 21, 2021, concerning the Corps of Engi- neers Acceptance of Consent to Easement Structures. Upon motion the documents were received and filed, and Resolution No. 185-21 Setting date of public hearing on the Agreement with the Army Corps of Engineers Consent to Easement Structures was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on June 21, 2021 conducted virtually. RESOLUTION NO. 185-21 SETTING DATE OF PUBLIC HEARING ON THE AGREEMENT WITH THE ARMY CORPS OF ENGINEERS CONSENT TO EASEMENT STRUCTURES NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Whereas, the City of Dubuque has a flood control system along the Mississippi River, and Whereas, the United States has acquired a perpetual flowage easement over Tract Nos. FIA-117, Mississippi River Project, Pool 12, and which was recorded in Record Book 114, Pages 1-21, in the records in Dubuque, Iowa, and Whereas, the United States has been re- quested to give consent for the installation, op- eration, and maintenance to repair an existing concrete floodwall that is part of the Dubuque, Iowa Flood Risk Management Project, and Whereas, the City of Dubuque is required to enter into an Acceptance of Consent to Ease- ment Structures. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. A public hearing will be held by the Dubuque City Council on the 21st day of June 2021, at 6:30 p.m., and conducted virtu- ally, at which time the City Council proposes to act on the Acceptance of Consent to Easement Structures between the City and the United States. Passed, adopted, and approved this 7th day of June 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 3. Grant of Easement to Ehrlich Properties, LLC: City Manager recommended the City Council set a public hearing for June 21, 2021 to consider the Grant of Retaining Wall Ease- ment to Ehrlich Properties, LLC for a private re- taining wall over City owned right-of-way prop- erty on Helen Ridge Court in North Grandview Estates No. 2 as part of the North Grandview Estates development project. Upon motion the documents were received and filed, and Reso- lution No. 186-21 Intent to dispose of City inter- est by Grant of Retaining Wall Easement to Ehr- lich Properties, LLC across part of the Helen Ridge Court Right of Way in North Grandview Estates No. 2, City of Dubuque, Iowa was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on June 21, 2021 conducted virtually. RESOLUTION NO. 186-21 INTENT TO DISPOSE OF CITY INTEREST BY GRANT OF RETAINING WALL EASEMENT TO EHRLICH PROPERTIES, LLC ACROSS PART OF THE HELEN RIDGE COURT RIGHT OF WAY IN NORTH GRANDVIEW ESTATES NO. 2, CITY OF DUBUQUE, IOWA Whereas, Ehrlich Properties, LLC has re- quested a "Grant of Retaining Wall Easement' across part of the Helen Ridge Court right of way in North Grandview Estates No. 2, City of Dubuque, Iowa, for a private retaining wall; and Whereas, Buesing and Associates Inc. has prepared and submitted to the City Council an exhibit showing the easement area for the pro- posed private retaining wall across part of the Helen Ridge Court right of way in North Grandview Estates No. 2, 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 grant a retaining wall easement to Ehrlich Properties, LLC across part of the Helen Ridge Court right of way in North Grandview Estates No. 2, City of Dubuque, Iowa, as shown on the Book 151 Regular Session, June 7, 2021 229 attached Exhibit A. Section 2. That a public hearing on the in- tent to dispose of City interest by Grant of Re- taining Wall Easement to Ehrlich Properties, LLC across part of the Helen Ridge Court right of way in North Grandview Estates No. 2, City of Dubuque, Iowa, is hereby set for the 21 st day of June 2021, at the Historic Federal Building (and/or by virtual means), 350 W. 61h Street, Dubuque, Iowa, beginning at 6:30 p.m., and the City Clerk be and is hereby authorized and di- rected to cause a notice of public hearing on the intent to dispose of said interest to be published in the manner as prescribed by law. Passed, approved, and adopted this 7th day of June 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 4. John F. Kennedy Road Sidewalk Installa- tion Project: City Manager recommended initia- tion of the public bidding procedure for the 2021 John F. Kennedy Road Sidewalk Project, and further recommends that a public hearing be set for July 6, 2021. Upon motion the documents were received and filed, and Resolution No. 187-21 John F. Kennedy Road Sidewalk Instal- lation Project 2021: preliminary approval of plans, specifications, form of contract, and esti- mated cost; setting date of public hearing on plans, specifications, form of contract, and esti- mated cost; and ordering the advertisement for bids; Resolution No. 188-21 Approving the pre- liminary plats, schedule of assessments and estimate of total cost for the John F. Kennedy Road Sidewalk Installation Project 2021; Reso- lution No. 189-21 Resolution of necessity for the John F. Kennedy Road Sidewalk Installa- tion Project 2021; and Resolution No. 190-21 Fixing date of public hearing on resolution of ne- cessity were adopted setting a public hearing for a meeting to commence at 6:30 p.m. on July 6, 2021, scheduled to be conducted in the His- toric Federal Building with the option to partici- pate virtually. RESOLUTION NO. 187-21 JOHN F. KENNEDY ROAD SIDEWALK IN- STALLATION PROJECT 2021 - PRELIMI- NARY APPROVAL OF PLANS, SPECIFICA- TIONS, FORM OF CONTRACT, AND ESTI- MATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE ADVERTISE- MENT FOR BIDS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The proposed plans, specifica- tions, form of contract and estimated cost for the John F. Kennedy Road Sidewalk Installa- tion Project 2021 in the estimated amount $266,198.00, are hereby preliminarily approved 230 Regular Session, June 7, 2021 Book 151 and ordered filed in the office of the City Clerk for public inspection. Section 2. A public hearing will be held on the 6th day of July, 2021, at 6:30 p.m. in the His- toric Federal Building Council Chambers (and/or by virtual means) 350 W. 6th Street, Dubuque, Iowa, at which time interested per- sons may appear and be heard for or against the proposed plans and specifications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubu- que, Iowa, which notice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any interested person may appear and file ob- jections to the proposed plans, specifications, form of contract, or estimated cost of the Pro- ject. Section 3. The John F. Kennedy Road Side- walk Installation Project 2021 is hereby ordered to be advertised for bids for construction. Section 4. The amount of the security to ac- company each bid shall be in an amount which shall conform to the provisions of the Notice to Bidders hereby approved. Section 5. The City Engineer is hereby di- rected to advertise for bids for the construction of the improvements herein provided, by pub- lishing the attached Notice to Bidders to be pub- lished in the Master Builders of Iowa Plan Room, The Construction Update Network and posted on the City of Dubuque website at www.cityofdubuque.org/bids and which notice shall be published not less than thirteen but not more than forty-five days before the date for fil- ing bids before 2:00 p.m. on the 8th day of July 2021. Bids shall be opened and read by the City Clerk at said time and will be submitted to the City Council for final action at 6:30 p.m. on the 19th day of July 2021, in the Historic Federal Building Council Chambers (and/or by virtual means), 350 West 6m Street, Dubuque, Iowa. Passed, adopted, and approved this 7th day of June 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk RESOLUTION NO. 188-21 APPROVING THE PRELIMINARY PLATS, SCHEDULE OF ASSESSMENTS AND ESTI- MATE OF TOTAL COST FOR THE JOHN F. KENNEDY ROAD SIDEWALK INSTALLA- TION PROJECT 2021 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the attached preliminary plats, schedule of assessments, and estimate of total cost for the John F. Kennedy Road Sidewalk Installation Project 2021 are hereby approved. Passed, approved, and adopted this 7th day of June 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breiffelder, City Clerk RESOLUTION NO. 189-21 RESOLUTION OF NECESSITY FOR THE JOHN F. KENNEDY ROAD SIDEWALK IN- STALLATION PROJECT 2021 Whereas, the plat, preliminary schedule of assessments, and estimate of total cost for the John F. Kennedy Road Sidewalk Installation Project 2021 have been duly prepared and ap- proved by the City Council of the City of Dubu- que and ordered placed on file in the office of City Clerk. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The John F. Kennedy Road Side- walk Installation Project 2021 will provide: Installation of sidewalks along John F. Kennedy Road from Asbury Road to the NW Arterial in areas sidewalks do not exist. • Installation of 3884 LF of 4' wide con- crete sidewalk • Installation of 1164 SF of retaining wall at 7 locations • Installation of new ADA pedestrian ac- cess ramps at street intersections • Restoration of disturbed areas with seed, fertilizer, and mulch There is on file in the office of the City Clerk an estimated total cost of the work, and a preliminary plat and schedule show- ing the amount proposed to be assessed to each Lot for the improvement. Section 2. The date, time, and place the council will hear property owners subject to the assessment and interested parties for or against the improvement, its cost, the assess- ment, or the boundaries of the district: Section 3. That the City Council deems it advisable and necessary for the public welfare to make the herein mentioned improvements. Section 4. Unless a property owner files ob- jections with the City Clerk at the time of hearing on the resolution of necessity, the property owner is deemed to have waived all objections pertaining to the regularity of the proceeding and the legality of using the special assessment procedure. Section 5. Said improvements shall be con- structed in accordance with the plans and spec- ifications which have been approved by the City Council and are now on file in the Office of the City Clerk. The cost of making such improve- ment will be assessed against property lying with the assessment limits. Book 151 Regular Session, June 7, 2021 231 The above resolution was introduced, ap- proved, and ordered placed on file with the City Clerk this 7th day of June 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk RESOLUTION NO. 190-21 FIXING DATE OF PUBLIC HEARING ON RESOLUTION OF NECESSITY Whereas, the City Council of the City of Dubuque, Iowa, has given its preliminary ap- proval to the plat, preliminary schedule of as- sessments, and estimated total cost for the John F. Kennedy Road Sidewalk Installation Project 2021 and ordered the plat, schedule of assessments, and estimate of total cost placed on file in the Office of the City Clerk; and Whereas, the proposed Resolution of Ne- cessity for Project has been introduced and is now on file in the Office of the City Clerk. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The City Council will meet on the 6th day of July 2021, at 6:30 p.m. in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa. At which time the owners of property subject to as- sessment for the proposed improvement or any other person having an interest in the matter may appear and be heard for or against the making of the improvement, the boundaries of the district, the cost, the assessment against any Lot, or the final adoption of a resolution of necessity. Section 2. A property owner will be deemed to have waived all objections unless at the time of hearing the property owner has filed objec- tions with the City Clerk. Section 3. The City Clerk be and is hereby authorized and directed to cause a notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published once each week for two consecutive weeks, the first publication of which shall be not less than ten days prior to the day fixed for its consideration. Passed, adopted, and approved this 7th day of June 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 5. Chavenelle Road - Northwest Arterial to Radford Road Reconstruction Project City Man- ager recommending initiation of the public bid- ding procedure for the Chavenelle Road — Northwest Arterial to Radford Road Recon- struction Project, and further recommends that a public hearing be set for July 6, 2021. Upon motion the documents were received and filed, and Resolution No. 191-21 Chavenelle Road — NW Arterial to Radford Road Reconstruction Project: preliminary approval of plans, specifi- cations, form of contract, and estimated cost; setting date of public hearing on plans, specifi- cations, form of contract, and estimated cost; and ordering the advertisement for bids; Reso- lution No. 192-21 Approving the preliminary plats, schedule of assessments and estimate of total cost for the Chavenelle Road — NW Arterial to Radford Road Reconstruction Project; Reso- lution No. 193-21 Resolution of necessity for the Chavenelle Road — NW Arterial to Radford Road Reconstruction Project; and Resolution No. 194-21 Fixing date of public hearing on res- olution of necessity were adopted setting a pub- lic hearing for a meeting to commence at 6:30 p.m. on July 6, 2021, scheduled to be con- ducted in the Historic Federal Building with the option to participate virtually. RESOLUTION NO. 191-21 CHAVENELLE ROAD — NW ARTERIAL TO RADFORD ROAD RECONSTRUCTION PRO- JECT - PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE ADVERTISEMENT FOR BIDS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The proposed plans, specifica- tions, form of contract and estimated cost for the Chavenelle Road — NW Arterial to Radford Road Reconstruction Project in the estimated amount $2,639,595.00, are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. Section 2. A public hearing will be held on the 6th day of July, 2021, at 6:30 p.m. in the His- toric Federal Building Council Chambers (and/or by virtual means) 350 W. 6th Street, Dubuque, Iowa, at which time interested per- sons may appear and be heard for or against the proposed plans and specifications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubu- que, Iowa, which notice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any interested person may appear and file ob- jections to the proposed plans, specifications, form of contract, or estimated cost of the Pro- ject. Section 3. The Chavenelle Road — NW Ar- terial to Radford Road Reconstruction Project is hereby ordered to be advertised for bids for construction. 232 Regular Session, June 7, 2021 Book 151 Section 4 The amount of the security to ac- company each bid shall be in an amount which shall conform to the provisions of the Notice to Bidders hereby approved. Section 5. The City Engineer is hereby di- rected to advertise for bids for the construction of the improvements herein provided, by pub- lishing the attached Notice to Bidders to be pub- lished in the Master Builders of Iowa Plan Room, The Construction Update Network and posted on the City of Dubuque website at www.citvofdubuque.org/bids and which notice shall be published not less than thirteen but not more than forty-five days before the date for fil- ing bids before 2:00 p.m. on the 8th day of July 2021. Bids shall be opened and read by the City Clerk at said time and will be submitted to the City Council for final action at 6:30 p.m. on the 19th day of July 2021, in the Historic Federal Building Council Chambers (and/or by virtual means), 350 West 6th Street, Dubuque, Iowa. Passed, adopted, and approved this 7th day of June 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk RESOLUTION NO. 192-21 APPROVING THE PRELIMINARY PLATS, SCHEDULE OF ASSESSMENTS AND ESTI- MATE OF TOTAL COST FOR THE CHA- VENELLE ROAD — NW ARTERIAL TO RAD- FORD ROAD RECONSTRUCTION PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the attached preliminary plats, schedule of assessments, and estimate of total cost for the Chavenelle Road — NW Ar- terial to Radford Road Reconstruction Project are hereby approved. Passed, approved, and adopted this 7th day of June 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk RESOLUTION NO. 193-21 RESOLUTION OF NECESSITY FOR THE CHAVENELLE ROAD — NW ARTERIAL TO RADFORD ROAD RECONSTRUCTION PRO- JECT Whereas, the plat, preliminary schedule of assessments, and estimate of total cost for the Chavenelle Road — NW Arterial to Radford Road Reconstruction have been duly prepared and approved by the City Council of the City of Dubuque and ordered placed on file in the office of City Clerk. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1 The Chavenelle Road — NW Arte- rial to Radford Road Reconstruction will pro- vide: Reconstruction of Chavenelle Road between the NW Arterial and Radford Road • Removal of the existing pavement and curb and gutter • Excavation of the subgrade to allow the placement of granular sub -base • Installation of storm sewer intakes • Installation of sub -drains • Installation of 9-inch PCC pavement • Installation of curb and gutter • Installation of sidewalks on the south side of the street (new 10' hike/bike trail will be installed on the north side as part of a sep- arate project) • Installation of ADA ramps at the NW Arte- rial and at Radford Road Section 2. There is on file in the office of the City Clerk an estimated total cost of the work, and a preliminary plat and schedule showing the amount proposed to be assessed to each Lot for the improvement. Section 3. The date, time, and place the council will hear property owners subject to the assessment and interested parties for or against the improvement, its cost, the assess- ment, or the boundaries of the district: Section 4. That the City Council deems it advisable and necessary for the public welfare to make the herein mentioned improvements. Section 5. Unless a property owner files ob- jections with the City Clerk at the time of hearing on the resolution of necessity, the property owner is deemed to have waived all objections pertaining to the regularity of the proceeding and the legality of using the special assessment procedure. Section 6. Said improvements shall be con- structed in accordance with the plans and spec- ifications which have been approved by the City Council and are now on file in the Office of the City Clerk. The cost of making such improve- ment will be assessed against property lying with the assessment limits. The above resolution was introduced, ap- proved, and ordered placed on file with the City Clerk this 7th day of June 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk RESOLUTION NO. 194-21 FIXING DATE OF PUBLIC HEARING ON RESOLUTION OF NECESSITY Whereas, the City Council of the City of Dubuque, Iowa, has given its preliminary ap- proval to the plat, preliminary schedule of as- sessments, and estimated total cost for the Chavenelle Road — NW Arterial to Radford Road Reconstruction Project and ordered the plat, schedule of assessments, and estimate of total cost placed on file in the Office of the City Clerk; and Book 151 Regular Session, June 7, 2021 233 Whereas, the proposed Resolution of Ne- cessity for Project has been introduced and is now on file in the Office of the City Clerk. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The City Council will meet on the 6th day of July 2021, at 6:30 p.m. in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa. At which time the owners of property subject to as- sessment for the proposed improvement or any other person having an interest in the matter may appear and be heard for or against the making of the improvement, the boundaries of the district, the cost, the assessment against any Lot, or the final adoption of a resolution of necessity. Section 2. A property owner will be deemed to have waived all objections unless at the time of hearing the property owner has filed objec- tions with the City Clerk. Section 3. The City Clerk be and is hereby authorized and directed to cause a notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published once each week for two consecutive weeks, the first publication of which shall be not less than ten days prior to the day fixed for its consideration. Passed, adopted, and approved this 7th day of June 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 for the June 21, 2021 City Coun- cil Meeting. The City Council is tentatively scheduled to return to meeting in the Historic Federal Building on July 6, 2021 and will con- tinue offering virtual viewing and public input options. The official agenda will be posted on Friday prior to the meeting and will contain lis- tening, viewing, and public input options. The City Council agenda can be accessed at https://citvofdubuque.novu- sagenda.com/AgendaPublic/ or by contacting the City Clerk's Office at 563-589-4100, ctyclerk(cDcityofdubug ue.org.] BOARDS/COMMISSIONS 1. Boards and Commission Applicant Re- view: Applicants were invited to address the City Council regarding their desire to serve on the following Boards/Commissions. Applicant appointments will be made at the next City Council meeting. City Clerk Breitfelder stated that Peggy Jackson, an applicant for the Arts and Cultural Affairs Advisory Commission, was ineligible for the commission due to not having a City of Dubuque address. Ms. Jackson was notified of her ineligibility and her application will be re- moved before the June 21, 2021, appoint- ments. i. Arts and Cultural Affairs Advisory Com- mission: Three, 3-Year terms through June 30, 2024 (Expiring terms of Daugherty as At Large, Neuhaus as Business Professional Living or Working Within District, and Siegert as a Busi- ness Professional). Applicants: Noelle Chesney, 1830 Links Glen Dr. - Qualifies for Business Professional and At -Large; Peggy Jackson, 16078 Frontier Ct. - Qualifies for Busi- ness Professional Living or Working Within Dis- trict and At -Large; Paula Neuhaus, 793 West 3rd St. - Qualifies for Business Professional Living or Working Within District and At -Large; Thomas Robbins, 2361 Harvest View Dr. - Qualifies for At -Large. Mr. Robbins and Ms. Chesney spoke in support of their appointments and provided a brief biography. ii. Historic Preservation Commission: Two, 3-Year terms through July 1, 2024 (Vacant terms of Klavitter as At Large and Rapp as Old Main Interim). Applicants: Tim Gau 2529 Wind- sor Ave. — Qualifies for At -Large; Alec Gus- tafson, 299 Main St. - Qualifies for Old Main and At -Large; John Link, 535 W 5th St. — Qualifies for At -Large This commission is subject to the State of Iowa Gender Balance Law. 9 Commis- sioners total; currently 2 males/2 females/5 openings *Openings were advertised for 90 days while non -male identifying applicants were sought in adherence with Iowa Code 69.16A Gender Balance. **Additional openings on the commission are being advertised for 90 days while nonmale identifying applicants are sought in adherence with Iowa Code 69.16A Gender Balance. Mr. Gustafson spoke in support of his appointment and provided a brief biography. iii. Long Range Planning Advisory Commis- sion: One, 3-Year term through July 1, 2024 (Expiring term of Stoffel). Applicants: Tyler Stof- fel, 960 Boyer St. iv. Park and Recreation Advisory Commis- sion: One, 3-Year term through July 1, 2024 (Expiring term of Tigges). Applicants: Jennifer Tigges, 4927 Wild Flower Dr. v. Resilient Community Advisory Commis- sion: One, 3-Year term through July 1, 2024 (Expiring term of Hoffmann). Applicant: Adam Hoffmann, 1910 Marion St. 234 Regular Session, June 7, 2021 Book 151 vi. Zoning Advisory Commission: One, 3- Year term through July 1, 2024 (Expiring Term of Russell). Applicant: Rich Russell, 2045 Em- bassy West Dr. This commission is subject to the State of Iowa Gender Balance Law. 7 Com- missioners total; currently 2 males/3 females/2 openings PUBLIC HEARINGS 1. Bee Branch Railroad Culvert Trail Pro- ject: Proof of publication on notice of public hearing to consider City Council approval of the plans, specifications, form of contract and con- struction estimate of $554,001 for the Bee Branch Railroad Culvert Trail Project, and City Manager recommended approval. Motion by Cavanagh to receive and file the documents and adopt Resolution No. 195-21 Approval of plans, specifications, form of contract, and esti- mated cost for the Bee Branch Railroad Culvert Trail Project. Seconded by Sprank. Motion car- ried 7-0. RESOLUTION NO. 195-21 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE BEE BRANCH RAILROAD CULVERT TRAIL PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the Bee Branch Railroad Culvert Trail Project, in the es- timated amount $448,096.00, are hereby ap- proved. Passed, adopted, and approved this 7th day of June 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 2. Fire Station 6 External Stairwell Addition Project Request to Initiate Construction Bid- ding: Proof of publication on notice of public hearing to consider City Council approval of the plans, specifications, form of contract and the estimated cost of $395,100 for the Fire Station 6 External Stairwell Addition Project, and City Manager recommended approval. Motion by Jones to receive and file the documents and adopt Resolution No. 196-21 Approval of plans, specifications, form of contract, and estimated cost for the Fire Station 6 External Stairwell Ad- dition Project. Seconded by Roussell. City Council expressed support for the project and summarized the necessity of both the fire sta- tion and the project. Motion carried 7-0. RESOLUTION NO. 196-21 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE FIRE STATION 6 EXTERNAL STAIRWELL ADDITION PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for Fire Sta- tion 6 External Stairwell Addition Project, in the estimated amount $346,000.00, are hereby ap- proved. Passed, adopted, and approved this 7th day of June 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk PUBLIC INPUT Due to the COVID-19 pandemic and man- dates for social distancing, public input was made available through GoToMeeting chat function and City Council and City Clerk email accounts. Staff stated that no online public input was received. ACTION ITEMS 1. Greater Dubuque Development Corpora- tion - Quarterly Update: President and CEO Rick Dickinson presented the quarterly update on the activities of the Greater Dubuque Devel- opment Corporation (GDDC). Highlights in- cluded: job statistics; planned hiring of a Work- force Solutions Coordinator; recent hiring of Ja- son White as Vice President of Business Ser- vices; recent awards received by GDDC; Greater Dubuque 2022 Campaign; and the An- nual Meeting scheduled for July 8, 2021. Mr. Dickinson also spoke in favor of Action Item No. 5 on the agenda. Following the presentation, Mr. Dickinson responded to a question from the City Council about strategies for filling work- force shortages. Motion by Resnick to receive and file the information. Seconded by Sprank. Motion carried 7-0. 2. Dubuque Metropolitan Area Transporta- tion Study (DMATS) 2050 Long Range Trans- portation Plan: Chandra Ravada, Director of Transportation and Transit Services for the East Central Intergovernmental Association (ECIA), made a presentation on the Dubuque Metropolitan Area Transportation Study (DMATS) 2050 Long Range Transportation Plan. Topics included: What is DMATS?; Or- ganizations Represented on the Board; What is the DMATS Long Range Transportation Plan?; Existing Conditions Examples; Future Forecast; and Projects. Council Members stated that all City Council Members are part of the DMATS Policy Committee and have opportunities to provide input to the plan through the committee. Motion by Roussell to receive and file the infor- mation and view the presentation. Seconded by Farber. Motion carried 7-0. Book 151 Regular Session, June 7, 2021 235 3. Dollars and Cents Public Information Bro- chure: City Manager provided a copy of the FY22 Dollars and Cents public information bro- chure. Motion by Cavanagh to receive and file the information. Seconded by Roussell. City Council Members complimented the brochure and thanked City staff for their efforts in creating it. Motion carried 7-0. 4. Memorandum of Understanding - City Water Service to Wildflower Ridge Residential Subdivision: City Manager recommended exe- cution of a Memorandum of Understanding (MOU) with Vendors Unlimited Corporation (Wildflower Ridge residential subdivision) for the connection of Wildflower Ridge's water dis- tribution system to the City of Dubuque's water system; and render it compliant with IDNR reg- ulations and City of Dubuque standards. Motion by Roussell to receive and file the documents and adopt Resolution No. 197-21 Approving a Memorandum of Understanding between the City of Dubuque and Vendors Unlimited Corpo- ration for improvements and connection to its water distribution system. Seconded by Sprank. Motion carried 7-0. RESOLUTION NO. 197-21 APPROVING A MEMORANDUM OF UNDER- STANDING BETWEEN THE CITY OF DUBU- QUE AND VENDORS UNLIMITED CORPO- RATION FOR IMPROVEMENTS AND CON- NECTION TO ITS WATER DISTRIBUTION SYSTEM Whereas, Vendors Unlimited Corporation owns a private water distribution system that serves areas in and outside the corporate City limits of Dubuque; and Whereas, Vendors Unlimited Corporation wishes to make necessary improvements to its water distribution system to make the system compliant with Iowa Department of Natural Re- sources requirements and City of Dubuque standards; and Whereas, the City of Dubuque owns and op- erates, and maintains the City of Dubuque wa- ter distribution system that serves over 23,000 customers located both in and outside the cor- porate limits of the City; and Whereas, after completion of improvements to the Wildflower Ridge water distribution sys- tem, when its water system components are deemed compliant with both Iowa Department of Natural Resource requirements and City of Dubuque standards, Vendors Unlimited Corpo- ration wishes to dedicate the water distribution system to the City of Dubuque for operation as part of the City of Dubuque's water distribution system; and Whereas, the City of Dubuque will complete improvements to its distribution system and ex- tend water main to Wildflower Ridge; and Whereas, Vendors Unlimited Corporation's water distribution system will be connected to the City of Dubuque's water distribution system. Customers served by the existing Vendors Un- limited Corporation system will be served by the City of Dubuque's water distribution system af- ter connection; and Whereas, the City desires to accept the Vendors Unlimited Corporation system after the system meets Iowa Department of Natural Re- sources requirements and City of Dubuque standards and will serve customers located within the system; and Whereas, the City of Dubuque and Vendors Unlimited Corporation wish to enter into a Mem- orandum of Understanding for the improve- ments to the water distribution system to the City of Dubuque, and for the transfer of water service from Vendors Unlimited Corporation to the City of Dubuque; and Whereas, the City Council of the City of Dubuque, Iowa finds that it is in the best inter- ests of the City to approve this Memorandum of Understanding. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA AS FOLLOWS: Section 1. The Memorandum of Under- standing attached is approved on behalf of the City of Dubuque. The Mayor and City Clerk are authorized to execute the Memorandum of Un- derstanding. Section 2. The City Manager, City Attorney, and the City's legal counsel are hereby author- ized to take all necessary actions to execute this Memorandum of Understanding. Section 3. The City Clerk is hereby author- ized and directed to record this Resolution with the Dubuque County Recorder. Passed, approved, and adopted this 7th day of June 2021 Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 5. Downtown Parking Structure: Purchase of Hendricks Feed and Seed Co., Inc: City Man- ager recommended that the attached resolution approving the Offer to Buy Real Estate and Ac- ceptance for the purchase of Hendricks Feed and Seed Co., Inc. be submitted to the City Council for consideration and adoption. Motion by Roussell to receive and file the documents and adopt Resolution No. 198-21 Approving an offer to buy real estate and acceptance for the purchase of Hendricks Feed and Seed Co., Inc. for the construction of a downtown parking structure. Seconded by Farber. City Council ex- pressed support of the purchase, stating that extensive work went into the proposal and that the buildings located on the property will remain intact. At the request of City Council, City Attor- ney Brumwell summarized the purpose of closed sessions for purchase or sale of real es- tate. City Attorney Brumwell stated that Iowa 236 Regular Session, June 7, 2021 Book 151 Code permits closed sessions for multiple top- ics, one of which is purchase or sale of real es- tate. Closed sessions on purchase or sale of real estate are permitted to prevent premature disclosure, which could impact the price of real estate. City Attorney Brumwell further stated that the final decision on the purchase or sale must be conducted in open session. Respond- ing to questions from the City Council, City Manager Van Milligen stated that City Council is only voting on purchasing the property to- night, and that future proposals on constructing a proposed parking ramp will be conducted via the public hearing process. City Council Mem- bers stated that data on current and future park- ing needs in the city would be helpful infor- mation to consider as part of future actions on this process. Motion carried 7-0. RESOLUTION NO. 198-21 APPROVING AN OFFER TO BUY REAL ES- TATE AND ACCEPTANCE FOR THE PUR- CHASE OF HENDRICKS FEED AND SEED CO., INC. FOR THE CONSTRUCTION OF A DOWNTOWN PARKING STRUCTURE Whereas, on December 16, 2019 the City Council approved a Development Agreement by and among the City of Dubuque, Roshek Property, LLC, Cottingham and Butler, Inc. and Heartland Financial USA, Inc.; and Whereas, the Development Agreement re- quires the City to "complete and open for park- ing by December 31, 2023" a Parking Structure of no less than five hundred (500) parking spaces within a certain area of downtown City of Dubuque and that the real estate for the site of the Parking Structure must be acquired by December 31, 2021; and Whereas, the Development Agreement by and among the City of Dubuque, Iowa, Dupaco Voices, LLC and Dupaco Community Credit Union requires the City to initiate and, work with the parties to that Development Agreement and other stakeholders in the Historic Millwork Dis- trict, revise and update the Historic Millwork District Master Plan to address transportation and parking needs and uses within the District, which revised Plan includes the requirement that at such time as 85% of the existing off- street parking in the District is leased/permitted, City shall develop additional off-street parking facilities within 2,500 feet to meet the projected demand; and Whereas, after an investigation by City staff of potential sites for the Parking Structure that met the requirements of those Development Agreements, City staff recommended selection of the Hendricks' Feed and Seed Co., Inc. prop- erty at 880-890 Central Avenue, Dubuque, Iowa and legally described as: City Lot 279, 280, 280A, 281, 282, 326, 327, 328 and the North 26.2 feet of City Lot 325, according to the United States Commissioners Map of the Town of Dubuque, Iowa; and Whereas, the City and Hendricks Feed and Seed Co., Inc. have negotiated an Offer to Buy Real Estate and Acceptance a copy of which is attached hereto, subject to City Council ap- proval; and Whereas, the City Council finds that it is in the best interest of the City of Dubuque to ap- prove the Offer to Buy Real Estate and Ac- ceptance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: Section 1. The Offer to Buy Real Estate and Acceptance is hereby approved. Section 2. The City Manager is authorized to take such action as may be necessary to carry out the terms of the Offer to Buy Real Es- tate and Acceptance. Passed, approved, and adopted this 7th day of June 2021 Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 6. Amending a Tax Increment Ordinance for the Dubuque Industrial Center Economic De- velopment District: City Manager recom- mended approval of an ordinance amending the most recent ordinance for the Dubuque In- dustrial Center Economic Development District. Motion by Jones to receive and file the docu- ments and that the requirement that a proposed ordinance be considered and voted on for pas- sage at two Council meetings prior to the meet- ing at which it is to be passed be suspended. Seconded by Cavanagh. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 22-21 Amending Or- dinance No. 16-21, previously amended, providing that general property taxes levied and collected each year on all property located within the Amended and Restated Dubuque In- dustrial Center Economic Development District Urban Renewal Area of the City of Dubuque, County of Dubuque, State of Iowa, by and for the benefit of the State of Iowa, City of Dubu- que, County of Dubuque, Dubuque Community School District, and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said city in connection with the Amended and Restated Dubuque Industrial Center Economic Development District Urban Renewal Redevelopment Project by Removing Subarea B from the Division Of Revenues. Se- conded by Cavanagh. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 22-21 AMENDING ORDINANCE NO. 16-21, PREVI- Book 151 Regular Session, June 7, 2021 237 OUSLY AMENDED, PROVIDING THAT GEN- ERAL PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR ON ALL PROP- ERTY LOCATED WITHIN THE AMENDED AND RESTATED DUBUQUE INDUSTRIAL CENTER ECONOMIC DEVELOPMENT DIS- TRICT URBAN RENEWAL AREA OF THE CITY OF DUBUQUE, COUNTY OF DUBU- QUE, STATE OF IOWA, BY AND FOR THE BENEFIT OF THE STATE OF IOWA, CITY OF DUBUQUE, COUNTY OF DUBUQUE, DUBU- QUE COMMUNITY SCHOOL DISTRICT, AND OTHER TAXING DISTRICTS, BE PAID TO A SPECIAL FUND FOR PAYMENT OF PRINCI- PAL AND INTEREST ON LOANS, MONIES ADVANCED TO AND INDEBTEDNESS, IN- CLUDING BONDS ISSUED OR TO BE IS- SUED, INCURRED BY SAID CITY IN CON- NECTION WITH THE AMENDED AND RE- STATED DUBUQUE INDUSTRIAL CENTER ECONOMIC DEVELOPMENT DISTRICT UR- BAN RENEWAL REDEVELOPMENT PRO- JECT BY REMOVING SUBAREA B FROM THE DIVISION OF REVENUES Whereas, the Amended and Restated Ur- ban Renewal Plan for the Dubuque Industrial Center Economic Development District (the "District") described in Resolution No. 130-88 was adopted on May 2, 1988 and was thereaf- ter amended and restated by Resolution No. 484-90 on December 17, 1990, Resolution No. 142-97 on April 7, 1997, Resolution No. 478-97 on November 17, 1997, Resolution No. 15-08 on January 7, 2008, Resolution No. 101-08 on March 17, 2008, Resolution No. 109-08 on April 7, 2008, Resolution No. 87-11 on March 7, 2011, Resolution No. 171-13 on June 3, 2013, Resolution No. 197-15 on June 1, 2015, Reso- lution No. 309-15 on September 8, 2015, Res- olution No. 132-16 on September 19, 2016, Resolution No. 157-18 and Resolution No. 158- 18 on May 21, 2018, Resolution 380-18 on De- cember 17, 2018, and Resolution 125-21 and Resolution 126-21 on April 19, 2021 (as amended and restated, the "Urban Renewal Plan" or "Amended and Restated Urban Re- newal Plan"); and Whereas, the City Council of the City of Dubuque, Iowa originally provided for the divi- sion of taxes pursuant to Section 403.19 of the Code of Iowa within the District in Ordinance No. 26-88 passed and approved on May 2, 1988 and thereafter amended and restated by Ordinance No. 63-88 on December 5, 1988, by Ordinance No. 66-97 on November 17, 1997, by Ordinance No. 70-08 on October 20, 2008, by Ordinance No. 10-14 on February 3, 2014, by Ordinance No. 39-15 on June 1, 2015, by Ordinance No. 55-15 on September 8, 2015, by Ordinance No. 49-16 on September 19, 2016, Ordinance 18-18 on May 21, 2018, by Ordi- nance 45-18 on December 17, 2018, and by Or- dinance 15-21 and Ordinance 16-21 on April 19, 2021; and Whereas, indebtedness has been incurred by the City, and additional indebtedness is an- ticipated to be incurred in the future, to finance urban renewal project activities within the Dis- trict, and the continuing needs of redevelop- ment within the District are such as to require the continued application of the incremental tax resources of the District; and Whereas, the City intends to remove Sub- area B from the division of revenues of the Dis- trict; and Whereas, Subarea B will remain within the District; and Whereas, the following enactment is neces- sary to accomplish the objectives described in the premises. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA, THAT: Ordinance Number 16-21 is hereby amended to read as follows: Section 1: For purposes of this Ordinance, the following terms shall have the following meanings: (a) Original Project Area means that portion of the City of Dubuque, Iowa described in the Urban Renewal Plan for the District ap- proved by Resolution No. 130-88 on May 2, 1988, and subsequently amended by Reso- lution No. 484-90 on December 17, 1990, which Original Project Area includes the Lots and parcels located within the area now legally described as follows: All of Dubuque Industrial Center Eighth Addition; and All of Lot 1 Dubuque Industrial Center 13th Addition; and Lot 2 Dubuque Industrial Center 13th Ad- dition; and Lot 1-2-2 Dubuque Industrial Center Fifth Addition; and Lot 1 Dubuque Industrial Center Fifth Ad- dition; and Lot 1 Dubuque Industrial Center 11th Ad- dition; and Lot 1 of 2 of Dubuque Industrial Center Fifth Addition; and Lot 1 of 2 of Dubuque Industrial Center Fifth Addition; and Lot 1-3 Dubuque Industrial Center 12th Addition; and Lot 1 of Lot 3 of final plat of Lot 1 of Dubu- que Industrial Center First Addition; and Lot 1 Dubuque Industrial Center 10th Ad- dition; and Lot 2-3 Dubuque Industrial Center 12th Addition; and Lots 1 and 2 of final plat of Lot 1 of Dubu- que Industrial Center First Addition; and Lot 1 Dubuque Industrial Center 12th Ad- dition; and 238 Regular Session, June 7, 2021 Book 151 Lot 2 Dubuque Industrial Center Ninth Ad- dition; and Lot 2 Dubuque Industrial Center 12th Ad- dition; and Lot 2-2 Dubuque Industrial Center Sixth Addition; and Lot 3 Dubuque Industrial Center Ninth Ad- dition; and Lot 1 Dubuque Industrial Center Sixth Ad- dition; and Lot 2 of 2 Dubuque Industrial Center 7th Addition; and Lot 2-1 Walter Addition; and Lot 2-1 Walter Addition; and And all adjoining public right-of-way, all in the City of Dubuque, Dubuque County, Iowa. The Original Project Area is referred to as "Subarea A" in the Urban Renewal Plan herein- after described. (b) Subarea B means that portion of the City of Dubuque, Iowa described as Subarea B in the Amended and Restated Urban Re- newal Plan for the District approved by Res- olution No. 478-97 on November 17, 1997, and subsequently amended by Resolution No. 15-08 on January 7, 2008, and Resolu- tion No. 125-21 and Resolution No. 126-21 on April 19, 2021, which Subarea B includes the Lots and parcels located within the area legally described as follows: Lots 1, 3, 4, 1 of 5, 6 and H of Dubuque Industrial Center West as originally plat- ted; and Lots 1, 2, 3, 4, 5, 6, 7, 8, and C of Dubuque Industrial Center West 2nd Addition as originally platted; and Lots 1, 2, 3, 4, B, and C of Dubuque In- dustrial Center West 4th Addition as orig- inally platted; and Lots 1 of 1, 1 of 2, 2 of 2, 1 of 3, 2 of 3, 1 of 5, A, C, and D of Dubuque Industrial Center West 5th Addition as originally platted; and Lot 1 and Lot A of Dubuque Industrial Center West 6th Addition as originally platted; and Lots 1, 1 of 2, and 2 of 2 of Dubuque In- dustrial Center West 7th Addition as orig- inally platted; and Lot 2 of 1 of the Southwest Quarter of the Southwest Quarter and Lot 2 of 1 of the Southeast Quarter of the Southwest Quarter all in Section 30, Township 89 North, Range 2 East, 5th P.M. as origi- nally platted; and all that part of a 100-foot-wide strip of the Chicago Central Pacific Railroad right- of-way lying in the SE 1/4 of Section 30, the SE 1/4 of the SW 1/4 of Section 30, the NW 1/4 of Section 31, and the NE 1/4 of Section 31 all in T89N, R2E, of the 5th P.M. Dubuque County, Iowa, the centerline of which is more particularly described as follows: beginning at a point of intersection with the easterly line of the SE 1/4 of Section 30, T89N, R2E, of the 5th P.M., thence southwesterly along the centerline of said railroad 2,700 feet, more or less a point of inter- section with the westerly line of the SE 1/4 of said Section 30; thence south- westerly continuing along said center- line 845 feet, more or less, to a point where the railroad right-of-way widens to 200 feet, said point being the terminus of this description; and all that part of a 100-foot-wide strip of the Chicago Central Pacific Railroad right- of-way lying in the Balance of Lot 1 of 1 of the Southwest Quarter of the South- west Quarter in Section 29, Township 89 North, Range 2 East, 5th P.M.; and any adjoining public street right-of-way all in the City of Dubuque, Dubuque County, Iowa. (c) Subarea C means that portion of the City of Dubuque, Iowa described as Subarea C in the Amended and Restated Urban Re- newal Plan for the District approved by Res- olution No. 101-08 on March 17, 2008, which Subarea C includes the Lots and par- cels located within the area legally de- scribed as follows: Lots 1 and 2 of Dubuque Industrial Center North Second Addition; and Lots 2, 3, C and A of Dubuque Industrial Center North First Addition, excepting that Part of said Lot A originally platted as Lot 2 of the SW '/ of the NW '/4 of Sec. 30, T89N, R2E of the 5th PM; and and any adjoining public street right-of- way, all in the City of Dubuque, Dubu- que County, Iowa, EXCEPT those Lots and parcels included in Subarea K. (d) Subarea D means that portion of the City of Dubuque, Iowa described as Subarea D in the Amended and Restated Urban Re- newal Plan for the District approved by Res- olution No. 109-08 on April 7, 2008, which Subarea D includes the Lots and parcels lo- cated within the area legally described as follows: Lots 1, 2, and B and all of the right of way of Chavenelle Court in Dubuque Indus- trial Center West 8th Addition in the City of Dubuque, Dubuque County, Iowa. (e) Subarea E means that portion of the City of Dubuque, Iowa described as Subarea E in the Amended and Restated Urban Re- newal Plan for the District approved by Res- olution No. 87-11 on March 7, 2011, which Subarea E includes the Lots and parcels lo- cated within the area legally described as follows: Book 151 Regular Session, June 7, 2021 239 All of Lot 1 of 1 and Lot 1 of 2 of the South Fork Subdivision No. 1 as originally plat- ted, including any adjoining public street right-of-way to said Lots, all in the City of Dubuque, Dubuque County, Iowa, and All of Seippel Road right of way from the north boundary line of Lot 1 of 1 of South Fork Subdivision No. 1 in the City of Dubuque, to the south boundary lines of Lot H of Dubuque Industrial Center West and Lot 1 of Dubuque Industrial Center West 2"d Addition in the City of Dubu- que, Dubuque County, Iowa, including crossings at the intersections of Old Highway Road and Chicago Central and Pacific Railroad rights -of -way. (f) Subarea F means that portion of the City of Dubuque, Iowa, and Dubuque County de- scribed as Subarea F in the Amended and Restated Urban Renewal Plan for the Dis- trict approved by Resolution No. 197-15 on June 1, 2015, which Subarea F includes the Lots and parcels located within the area le- gally described as follows: Lot one (1) of Graf Farm Subdivision #2, Dubuque County, Iowa, according to the recorded plat thereof; Lot 1 of Lot 1 of Lot 1 of Lot 1 of West One- half of Northeast One -quarter, Section 25, Township 89 North, Range 1 East of the 5th P.M., in Center Township, Dubu- que County, Iowa; Lot 2 in "W.A. Norman Place" in Section 25, Center Township, Dubuque County, Iowa, according to the plat thereof; and The NW 1/4 of the SE 1/4 of Section 25, Township 89 North, Range 1 East of the 5th P.M., in Center Township, Dubuque County, Iowa. (g) Subarea G means that portion of the City of Dubuque, Iowa, and Dubuque County de- scribed as Subarea G in the Amended and Restated Urban Renewal Plan for the Dis- trict approved by Resolution No. 309-15 on September 8, 2015, which Subarea G in- cludes the Lots and parcels located within the area legally described as follows: The South one-half of the Northwest Quarter of Section 29, Township 89 North, Range 2 East of the 5th P.M., in the City of Dubuque, Iowa. Lot 1 of Lot 1 of the Northwest Quarter of the Northwest Quarter of Section 29, Township 89 North, Range 2 East of the 5th P.M., in the City of Dubuque, Iowa. Lot 2 of McFadden Farm Place #2, in the City of Dubuque, Iowa. Lot 2 of McFadden Farm Place, in the City of Dubuque, Iowa. Lot A of Lot 1 of 1 of the Southwest Quar- ter of the Southwest Quarter of Section 29, Township 89 North, Range 2 East of the 5th P.M., in the City of Dubuque, Iowa. Lot A of Lot 1 of 1 of the Northwest Quar- ter of the Southwest Quarter of Section 29, Township 89 North, Range 2 East of the 5th P.M., in the City of Dubuque, Iowa. All in the City of Dubuque, Dubuque County, Iowa. (h) Subarea H means that portion of the City of Dubuque, Iowa, and Dubuque County de- scribed as Subarea H in the Amended and Restated Urban Renewal Plan for the Dis- trict approved by Resolution No. 332-16 on September 19, 2016, which Subarea H in- cludes the Lots and parcels located within the area legally described as follows: Lot 1 of the Northeast 1/4 of the Northeast '/4, and Lot 2 of Lot 1 of Lot 1 of Lot 2 of the Northeast 1/4 of the Northeast 1/, of Section 30, in Township 89 North, Range 2 East of the 5th P.M., in the City of Dubuque, Iowa. (i) Subarea I means that portion of the City of Dubuque, Iowa, and Dubuque County de- scribed as Subarea I in the Amended and Restated Urban Renewal Plan for the Dis- trict approved by Resolution No. 332-16 on September 19, 2016, which Subarea I in- cludes the Lots and parcels located within the area legally described as follows: Lot 2 Seippel Road Place #2, Dubuque County, Iowa. Lot 2-1-1 of the Southeast Quarter of the Southeast Quarter of Section 25, Town- ship 89 North, Range 2 East of the 5th P.M., Dubuque County, Iowa Q) Subarea J means that portion of the City of Dubuque, Iowa, and Dubuque County de- scribed as Subarea J in the Amended and Restated Urban Renewal Plan for the Dis- trict approved by Resolution No. 332-16 on September 19, 2016, which Subarea J in- cludes the Lots and parcels located within the area legally described as follows: Lot 2 Julien Care Place, Dubuque County, Iowa. Lot 3 Julien Care Place, Dubuque County, Iowa Lot 2-1 Julien Care Place, Dubuque County, Iowa (k) Subarea K means that portion of the City of Dubuque, Iowa, removed from Subarea C of the District by Version 2018.1 of the Amended and Restated Plan for the District approved by Resolution No. 157-18, and added to the District by Version 2018.2 of the Amended and Restated Plan for the Dis- trict approved by Resolution No. 158-18 as Subarea K, all on May 21, 2018, which Sub- area K includes the Lots and parcels located within the area legally described as follows: 240 Regular Session, June 7, 2021 Book 151 Lot 1 of Dubuque Industrial Center North Third Addition, in the City of Dubuque, Iowa. (1) Subarea L means that portion of the City of Dubuque, Iowa described as Subarea L in the Amended and Restated Urban Renewal Plan for the District approved by Resolution 380-18 on December 17, 2018, which Sub- area L includes the Lots and parcels located within the area legally described as follows: Lot 1 of Loretta Bahl's Homestead, in the City of Dubuque, Iowa, comprised of Lot 1 of the West 30 Acres of the Southwest '/4 of the Southeast 1/, Section 19, Township 89 North, Range 2 East of the 5th P.M. all in the City of Dubuque, Dubuque County, Iowa. (m) Subarea M means that portion of the City of Dubuque, Iowa described as Subarea M in the Amended and Restated Urban Re- newal Plan for the District approved by Res- olution 380-18 on December 17, 2018, which Subarea M includes the Lots and par- cels located within the area legally de- scribed as follows: Lot 2 of the Subdivision of Lot 2 of the Northeast '/4 of the Northeast '/4 of Section 30, Township 89 North, Range 2 East of the 5th P.M. all in the City of Dubuque, Dubuque County, Iowa. (n) Subarea N means that portion of the City of Dubuque, Iowa described as Subarea N in the Amended and Restated Urban Re- newal Plan for the District approved by Res- olution 126-21 on April 19, 2021, which Sub- area N includes the Lots and parcels lo- cated within the area legally described as follows: Lot 1 of Dubuque Industrial Center North First Addition, in the City of Dubuque, Iowa; and All of the street right of way of Innovation Drive adjacent to Lot 1 of Dubuque In- dustrial Center North First Addition, in the City of Dubuque, Iowa. All in the City of Dubuque, Iowa (o) Amended Project Area means that portion of the City of Dubuque, Iowa and Dubuque County included within the Original Project Area, Subarea C, Subarea D, Subarea E, Subarea F, Subarea G, Subarea H, Sub- area I, Subarea J, Subarea K, Subarea L, Subarea M, and Subarea N each as de- scribed in this Section. Section 2: The taxes levied on the taxable property in the Amended Project Area, and each subarea thereof, legally described in Sec- tion 1 hereof, by and for the benefit of the State of Iowa, City of Dubuque, County of Dubuque, Dubuque Community School District, and all other taxing districts from and after the effective date of this Ordinance shall be divided as here- inafter in this Ordinance provided. Section 3: As to the Original Project Area, that portion of the taxes which would be pro- duced by the rate at which the tax is levied each year by or for each of the taxing districts taxing property in the Original Project Area upon the total sum of the assessed value of the taxable property in the Original Project Area as shown on the assessment roll as of January 1, 1987, being the first day of the calendar year preced- ing the effective date of Ordinance No. 26-88, shall be allocated to and when collected be paid into the fund for the respective taxing district as taxes by or for said taxing district into which all other property taxes are paid. The taxes so de- termined shall be referred herein as the "base period taxes" for such Subarea. As to Subarea B, Subarea B has been removed from the division of revenues as of the effective date of this ordi- nance. Subarea B will remain within the District. As to Subarea C (except the Lots and parcels now forming Subarea K), base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 2007, being the assess- ment roll applicable to property in such subarea as of January 1 of the calen- dar year preceding the effective date of Ordinance No. 70-08, and base val- ues shall be reduced due to the re- moval of area from Subarea C. As to Subarea D, base period taxes shall be computed in the same man- ner using the total assessed value shown on the assessment roll as of January 1, 2007, being the assess- ment roll applicable to property in such subarea as of January 1 of the calen- dar year preceding the effective date of Ordinance No. 70-08. As to Subarea E, base period taxes shall be computed in the same manner us- ing the total assessed value shown on the assessment roll as of January 1, 2013, being the assessment roll appli- cable to property in such subarea as of January 1 of the calendar year pre- ceding the effective date of Ordinance No. 10-14. As to Subarea F, base period taxes shall be computed in the same manner us- ing the total assessed value shown on the assessment roll as of January 1, 2014, being the assessment roll appli- cable to property in such subarea as of January 1 of the calendar year pre- ceding the effective date of Ordinance No. 39-15. As to Subarea G, base period taxes Book 151 Regular Session, June 7, 2021 241 shall be computed in the same man- shall be computed in the same man- ner using the total assessed value ner using the total assessed value shown on the assessment roll as of shown on the assessment roll as of January 1, 2014, being the assess- January 1, 2020, being the assess- ment roll applicable to property in such ment roll applicable to property in such subarea as of January 1 of the calen- subarea as of January 1 of preceding dar year preceding the effective date the effective date of this Ordinance of Ordinance No. 55-15. No. 16-21. As to Subarea H, base period taxes Section 4: That portion of the taxes each shall be computed in the same man- year in excess of the base period taxes for the ner using the total assessed value Amended Project Area, determined for each shown on the assessment roll as of sub -area thereof as provided in Section 3 of this January 1, 2015, being the assess- Ordinance, shall be allocated to and when col- ment roll applicable to property in such lected be paid into the special tax increment subarea as of January 1 of the calen- fund previously established by the City of Dubu- dar year preceding the effective date que to pay the principal of and interest on loans, of Ordinance No. 49-16. monies advanced to, or indebtedness, whether As to Subarea I, base period taxes shall funded, refunded, assumed or otherwise, in - be computed in the same manner us- cluding bonds issued under authority of Section ing the total assessed value shown on 403.9 or Section 403.12 of the Code of Iowa, the assessment roll as of January 1, incurred by the City of Dubuque, Iowa to finance 2015, being the assessment roll appli- or refinance, in whole or in part, urban renewal cable to property in such subarea as projects undertaken within the District pursuant of January 1 of the calendar year pre- to the Urban Renewal Plan, except that taxes ceding the effective date of Ordinance for the regular and voter -approved physical No. 49-16. plant and equipment levy of a school district im- As to Subarea J, base period taxes shall posed pursuant to Section 298.2 of the Code of be computed in the same manner us- Iowa and taxes for the instructional support pro- ing the total assessed value shown on gram of a school district imposed pursuant to the assessment roll as of January 1, Section 257.19 (but in each case only to the ex- 2015, being the assessment roll appli- tent required under Section 403.19(2)), taxes cable to property in such subarea as for the payment of bonds and interest of each of January 1 of the calendar year pre- taxing district, and taxes imposed under Sec - ceding the effective date of Ordinance tion 346.77 (22) related to joint county -city No. 49-16. buildings, shall be collected against all taxable As to Subarea K, base period taxes shall property within the Amended Project Area with - be computed in the same manner us- out any limitation as hereinabove provided. ing the total assessed value shown on Section 5: Unless or until the total assessed the assessment roll as of January 1, valuation of the taxable property in the subar- 2017, being the assessment roll appli- eas of the Amended Project Area exceeds the cable to property in such subarea as total assessed value of the taxable property in of January 1 of the calendar year pre- said subareas shown by the assessment rolls ceding the effective date of Ordinance referred to in Section 3 of this Ordinance, all of No. 18-18. the taxes levied and collected upon the taxable As to Subarea L, base period taxes shall property in the Amended Project Area shall be be computed in the same manner us- paid into the funds for the respective taxing dis- ing the total assessed value shown on tricts as taxes by or for the taxing districts in the the assessment roll as of January 1, same manner as all other property taxes. 2017, being the assessment roll appli- Section 6: At such time as the loans, monies cable to property in such subarea as advanced, bonds and interest thereon and in - of January 1 of the calendar year pre- debtedness of the City of Dubuque referred to ceding the effective date of Ordinance in Section 4 hereof have been paid, all monies No. 45-18. thereafter received from taxes upon the taxable As to Subarea M, base period taxes property in the Amended Project Area shall be shall be computed in the same man- paid into the funds for the respective taxing dis- ner using the total assessed value tricts in the same manner as taxes on all other shown on the assessment roll as of property. January 1, 2017, being the assess- Section 7: All ordinances or parts of ordi- ment roll applicable to property in such nances in conflict with the provisions of this Or - subarea as of January 1 of the calen- dinance are hereby repealed. The provisions of dar year preceding the effective date this Ordinance are intended and shall be con - of Ordinance No. 45-18. strued so as to remove Subarea B from the di - As to Subarea N, base period taxes vision of taxes under the provisions of Section 242 Regular Session, June 7, 2021 Book 151 403.19 of the Code of Iowa and to continue the division of taxes from taxable property in the Amended Project Area under the provisions of Section 403.19 of the Code of Iowa, as author- ized in Ordinance No. 16-21. In the event that any provision of this Ordinance shall be deter- mined to be contrary to law it shall not affect other provisions or application of this Ordinance which shall at all times be construed to fully in- voke the provisions of Section 403.19 of the Code of Iowa with reference to the Amended Project Area and the subareas contained therein. Section 8: This Ordinance shall be in effect after its final passage, approval and publication as provided by law. Passed and approved this 7ch day of June 2021. /s/Roy D. Buol, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 11 th day of June 2021. /s/Adrienne N. Breitfelder, City Clerk 7. Proposed Ordinance Amendments for Nuisance: City Manager recommended the public nuisance ordinance be updated to allow the City Manager to declare a public nuisance. Motion by Resnick to receive and file the docu- ments and that the requirement that a proposed ordinance be considered and voted on for pas- sage at two Council meetings prior to the meet- ing at which it is to be passed be suspended. Seconded by Sprank. Housing and Community Development Director Alexis Steger responded to questions from the City Council regarding strategies for brain health circumstances and communicating notices to residents. City Man- ager Van Milligen stated that residents will con- tinue having the right to a public hearing and that the City has the right to abatement. City At- torney Brumwell summarized the general differ- ences between public nuisances and private nuisances. Motion carried 7-0. Motion by Resnick for final consideration and passage of Ordinance No. 23-21 Amending City of Dubuque Code of Ordinances Title 6 Health, Housing, Sanitation and Environment, Chapter Nuisances, Section 6-4-4 Public Nui- sances Prohibited; Authority to Abate. Se- conded by Sprank. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 23-21 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 6 HEALTH, HOUSING, SANITATION AND ENVIRONMENT, CHAP- TER 4 NUISANCES, SECTION 6-4-4 PUBLIC NUISANCES PROHIBITED; AUTHORITY TO ABATE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. Section 6-4-4 of the City of Dubu- que Code of Ordinances is amended to read as follows: Book 151 Regular Session, June 7, 2021 243 6-4-4: Public Nuisances Prohibited; Au- thority to Abate: A. Nuisances Prohibited: The crea- tion, maintenance, or continuation of a public nuisance is hereby declared un- lawful and is prohibited, subject to pen- alties set forth in section 1-4-2 of this Code. B. Declaration of Nuisance; Informal Hearing; Abatement: Upon application to the City Manager for a declaration of a nuisance, the City Manager, after no- tice to the property owner of the grounds therefor, shall hold an informal hearing on the application. Upon declaration of a nuisance, the City Manager may direct the City staff to abate or cause to be abated public nuisances in any manner authorized by law. C. Appeal to City Council: Upon dec- laration of a nuisance, the property owner may appeal to the City Council, in writing, within ten (10) days. The City Council, after notice to the property owner, shall hold a hearing on the ap- peal as provided in Title 1, Chapter 9 of this Code. D. Municipal Infraction: Nothing herein shall be interpreted to prevent the City from issuing a Municipal infraction as allowed under Iowa Code section 364.22 and section 1-4-2 of this Code. Section 2. This ordinance shall take effect upon publication. Passed, approved, and adopted this 7th day of June 2021. /s/Roy D. Buol, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 11 th day of June 2021. /s/Adrienne N. Breitfelder, City Clerk 8. Proposed Ordinance Amendment to In- corporate Rent Abatement and Escrow Ac- counts: This item was removed from the meet- ing at the request of the City Manager. 9. Bee Branch Railroad Culverts Project Gate Installation Video: The Public Information Office showed a video of the Bee Branch Rail- road Culverts Gate Installation. Link to video: https://youtu.be/xs7o9t3Dxhg. Motion by Cavanagh to receive and file the information and view the video. Seconded by Roussell. Mo- tion carried 7-0. COUNCIL MEMBER REPORTS Council Member Farber reported on her at- tendance at the May 26, 2021, Sister Cities Vir- tual Exchange Meeting with Hebei, China. 244 Regular Session, June 21, 2021 Book 151 Council Member Jones reported on the rededi- cation ceremony for the Veterans Memorial Plaza on Chaplain Schmitt Island. CLOSED SESSION Motion by Jones to convene in closed ses- sion at 8:38 p.m. to discuss pending litigation and purchase or sale of real estate — Chapter 21.5(1)(c), Q) Code of Iowa. Seconded by Cavanagh. Mayor Buol stated for the record that the attorney who will consult with City Council on the issues to be discussed in the closed session is City Attorney Crenna Brum- well. Motion carried 7-0. Upon motion, the City Council reconvened in open session at 9:24 p.m. stating that staff had been given proper direction. There being no further business, Mayor Buol declared the meeting adjourned at 9:25 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 June 21, 2021. Due to the COVID-19 pandemic and man- dates for social distancing, this meeting was conducted virtually and aired live on CityChan- nel 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.face- book.com/cityofdubugue. Present: Mayor Buol; Council Members Cavanagh, Farber, Jones, Resnick, Roussell, Sprank; City Manager Van Milligen and City At- torney 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. COVID-19 Update: Mary Rose Corrigan, Public Health Specialist for the City of Dubu- que, provided an update on the COVID-19 pan- demic and response activities. PROCLAMATION(S) 1. Key City Pride Week Proclamation (June 21-27, 2021) was accepted by Rio Suave on behalf of Key City Pride. 2. Pollinator Week Proclamation (June 21- 27, 2021) was accepted by Gina Bell on behalf of Sustainable Dubuque. CONSENT ITEMS Motion by Resnick to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Roussell. Motion carried 7-0. 1. Minutes and Reports Submitted: City Council Proceedings of 6/7; City Council Com- pensation Task Force of 6/9; Library Board of Trustees of 4/22; Zoning Advisory Commission of 6/2; Zoning Board of Adjustment of 5/27; Proof of Publication for City Council Proceed- ings of 5/17 and 5/19; Proof of Publication for List of Claims and Summary of Revenue for Month Ending 4/30. Upon motion the docu- ments were received and filed. Book 151 Regular Session, June 21, 2021 245 2. Notice of Claims and Suits: Connor Am- brosy for vehicle damage and Joseph Moez for personal injury. Upon motion the documents were received, filed, and referred to the City At- torney. 3. Disposition of Claims: City Attorney ad- vised that the following claims have been re- ferred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Connor Ambrosy for vehicle damage; Jo- seph Moez for personal injury. Upon motion the documents were received, filed, and concurred. 4. Approval of City Expenditures: City Man- ager recommended City Council approval for payment of City expenditures. Upon motion the documents were received and filed, and Reso- lution No. 199-21 Authorizing the Director of Fi- nance and Budget/City Treasurer to make cer- tain payments of bills that must be paid and ap- proved for payment in accordance with City pro- cedures was adopted. RESOLUTION NO. 199-21 AUTHORIZING THE DIRECTOR OF FI- NANCE AND BUDGET / CITY TREASURER TO MAKE CERTAIN PAYMENTS OF BILLS THAT MUST BE PAID AND APPROVED FOR PAYMENT IN ACCORDANCE WITH CITY PROCEDURES 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 De- partment personnel in accordance with gener- ally accepted internal control procedures and have been determined to have been requisi- tioned for a lawful municipal purpose; and Whereas, the Finance Director -City Treas- urer 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 pay- ment of certain expenditures known as Excep- tion 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 Treas- urer is hereby authorized to issue payment for goods and services provided for City purposes in response to the purchase orders and con- tracts issued in compliance with state and mu- nicipal code requirements as requested by des- ignated requisitioning authorities in accordance with approved budget appropriations. Section 2. In accordance with Iowa Code Section 372.13(6), the City Clerk and Finance Director are hereby authorized and directed to provide the statement of receipts and disburse- ments to the City Council, and to publish a sum- mary thereof. Passed, approved, and adopted this 21 s' day of June 2021. Danny C. Sprank, Mayor Pro Tern Attest: Adrienne N. Breitfelder, City Clerk 5. Resolution Appointing UMB Bank, N.A. as Substitute Paying Agent, Bond Registrar, and Transfer Agent; terminating existing Paying Agent, Bond Registrar and Transfer Agent Agreements with Wells Fargo Bank, N.A.; and Approving the Paying Agent, Bond Registrar and Transfer Agent Agreement with UMB Bank, N.A. and Authorizing Execution of the Agree- ment: City Manager recommended approval of the suggested proceedings to appoint UMB Bank, N.A. to serve as the successor Paying Agent, Bond Registrar, and Transfer Agent in connection with all outstanding bonds, termi- nate existing paying agent, bond registrar and transfer agent agreements with Wells Fargo Bank, N.A.; and approve the paying agent, bond registrar and transfer agent agreement with UMB Bank, N.A. and authorize execution of the agreement. Upon motion the documents were received and filed, and Resolution No. 200-21 Appointing UMB Bank, N.A. as Substi- tute Paying Agent, Bond Registrar, and Trans- fer Agent; Terminating Existing Paying Agent, Bond Registrar and Transfer Agent Agree- ments with Wells Fargo Bank, N.A.; and Ap- proving the Paying Agent, Bond Registrar and Transfer Agent Agreement with UMB Bank, N.A. and authorizing execution of the agree- ment was adopted. RESOLUTION NO. 200-21 APPOINTING UMB BANK, N.A. AS SUBSTI- TUTE PAYING AGENT, BOND REGISTRAR, AND TRANSFER AGENT; TERMINATING EXISTING PAYING AGENT, BOND REGIS- TRAR AND TRANSFER AGENT AGREE- MENTS WITH WELLS FARGO BANK, N.A.; AND APPROVING THE PAYING AGENT, BOND REGISTRAR AND TRANSFER AGENT AGREEMENT WITH UMB BANK, N.A. AND AUTHORIZING EXECUTION OF THE AGREEMENT Whereas, the City of Dubuque (the "Issuer") has previously provided for the appointment of Wells Fargo Bank, N.A. to serve as Paying Agent, Bond Registrar and Transfer Agent for the outstanding obligations listed in Exhibit "A" 246 Regular Session, June 21, 2021 Book 151 attached hereto and made a part hereof (collec- tively the "Bonds"), pursuant to one or more Paying Agent, Bond Registrar, and Transfer Agent Agreements (the "Agreements"); and Whereas, the Issuer has now determined that it is in the best interest of the Issuer to ter- minate the existing Agreements with Wells Fargo Bank, N.A. and substitute and appoint UMB Bank, N.A. of West Des Moines, Iowa ("UMB Bank, N.A."), to serve as the successor Paying Agent, Bond Registrar and Transfer Agent for the Bonds to provide for compliance with rules, regulations, and requirements gov- erning the registration, transfer, and payment of the Bonds; and Whereas, the Agreements provide that they may be terminated by either party by giving the other party at least 90 days advance written no- tice, unless waived; and Whereas, Wells Fargo Bank, N.A. has agreed to a transition date of July 2, 2021; and Whereas, a new successor Paying Agent, Bond Registrar and Transfer Agent Agreement appointing UMB Bank, N.A. as Paying Agent, Registrar and Transfer Agent for the Bonds has been prepared. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, STATE OF IOWA: Section 1. That effective on July 2, 2021, UMB Bank, N.A. is appointed to serve as the successor Paying Agent, Bond Registrar, and Transfer Agent in connection with the Bonds. Section 2. That the Issuer shall, if not previ- ously done, provide for prompt written notice of termination to Wells Fargo Bank, N.A. or secure the waver thereof, and direct that notice also be given to each registered bondholder. Section 3. That the Director of Finance and Budget, City Clerk and Mayor are directed to proceed on behalf of the Issuer to take all action necessary to as may be required to allow UMB Bank, N.A. to assume duties as Paying Agent, Bond Registrar and Transfer Agent for the Bonds listed on Exhibit "A" attached hereto. Section 4. That the Paying Agent, Bond Registrar, and Transfer Agent Agreement with UMB Bank, N.A. is hereby approved and that the Mayor and City Clerk are hereby authorized to sign the Agreement on behalf of the Issuer. Section 5. That Notice of this appointment shall be filed on the EMMA website within 10 business days after the effective date of the ap- pointment of UMB Bank, N.A., pursuant to this Resolution. Passed and approved this 21It day of June 2021. Danny C. Sprank, Mayor Pro Tern Attest: Adrienne N. Breitfelder, City Clerk 6. Preliminary Plat of Silver Oaks Estates No. 3: Zoning Advisory Commission recom- mended approval of the Preliminary Plat of Sil- ver Oaks Estates No. 3. Upon motion the docu- ments were received, filed, and approved. 7. Preliminary Plat of Ridge View Acres: Zoning Advisory Commission recommend ap- proval of the Preliminary Plat of Ridge View Acres. Upon motion the documents were re- ceived, filed, and approved. 8. Final Plat of Schmitt Estates: Zoning Ad- visory Commission recommended approval of the Final Plat of Schmitt Estates, subject to waiving the Lot frontage requirement for Lots 3 and 4 of Schmitt Estates; and requiring that if the private portion of Robin Hood Drive is not accepted as a public street, the property owner obtain an access easement along Block 5 and Block 6 Sherwood Park to provide access from the publicly dedicated Robin Hood Drive to the subject property. Upon motion the documents were received and filed, and Resolution No. 201-21 Approving the Final Plat: Schmitt Es- tates, Dubuque County, Iowa was adopted. RESOLUTION NO. 201-21 APPROVING THE FINAL PLAT SCHMITT ES- TATES, DUBUQUE COUNTY, IOWA Whereas, there has been filed with the City Clerk a Final Plat Schmitt Estates, Dubuque County, Iowa that is within the City's 2-mile ex- traterritorial jurisdiction; and Whereas, said Final Plat has been exam- ined by the Zoning Advisory Commission and its approval has been endorsed thereon; and Whereas, said Final Plat has been exam- ined by the City Council and they find that it con- forms to the statues and ordinances relating thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That Section 11-14 of Title 16 of the City of Dubuque Code of Ordinances, Uni- fied Development Code, is waived to allow 0 feet of frontage on a public street or an ap- proved private street for Lots 3 and 4 of Schmitt Estates. Section 2. That if the private portion of Robin Hood Drive is not accepted as a public street by the County, the property owner ob- tains an access easement along Block 5 and Block 6 Sherwood Park to provide access from the publicly dedicated Robin Hood Drive to Lots 3 and 4 of Schmitt Estates. Section 3. That the Final Plat Schmitt Es- tates, Dubuque County, Iowa is hereby ap- proved, and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said Final Plat of Survey. Passed, approved, and adopted this 21 st day of June 2021. Danny C. Sprank, Mayor Pro Tern Book 151 Regular Session, June 21, 2021 247 Attest: Adrienne N. Breitfelder, City Clerk 9. Pre -annexation Agreement - Dennis J. and Carol A. Schmitt Estates: City Manager rec- ommended approval of the Dennis J. and Carol A. Schmitt Pre -annexation agreement in ac- cordance with the Fringe Area Development Standards including authorization for the Mayor to sign the agreement on behalf of the City of Dubuque. Upon motion the documents were re- ceived and filed, and Resolution No. 202-21 Ap- proving a Pre -Annexation Agreement between the City of Dubuque, Iowa and Dennis J. and Carol A. Schmitt was adopted. RESOLUTION NO. 202-21 APPROVING A PRE -ANNEXATION AGREE- MENT BETWEEN THE CITY OF DUBUQUE, IOWA AND DENNIS J. AND CAROL A. SCHMITT Whereas, Dennis J. and Carol A. Schmitt, the owner of the following described property in Dubuque County, Iowa (the Property) have submitted to the City Council of the city of Dubu- que an application for voluntary annexation of the Property to the City of Dubuque: P.I.N. 1010276003: Lot 1 Of Lot 1 Of Lot 1 in the Southeast Quarter of the North- east Quart of Section 10, Township 89 North, Range 2 East of the 5'h P.M., Dubu- que County, Iowa P.I.N. 1010276002: Lot 2 Of Lot 1 Of Lot 1 in the Southeast Quarter of the North- east Quarter of Section 10, Township 89 North, Range 2 East of the 5ch P.M., Dubu- que County, Iowa Whereas, Dennis J. and Carol A. Schmitt have entered into a Pre -annexation Agreement with the City of Dubuque, a copy of which is at- tached 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 author- izes 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 or- derly 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 an- nexation of the Property is in the public interest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The Pre -annexation Agreement by and between Dennis J. and Carol A. Schmitt and the City of Dubuque is hereby approved. 248 Regular Session, June 21, 2021 Book 151 Passed, approved, and adopted this 21 sc day of June 2021. Danny C. Sprank, Mayor Pro Tern Attest: Adrienne N. Breitfelder, City Clerk 10. Authorization of the City Manager or the City Manager's Designee to File and Release Liens on Properties Participating in the Down- town Rehabilitation Loan Program: City Man- ager recommended approval of a resolution au- thorizing the City Manager or the City Man- ager's Designee to File and Release Liens on Properties Participating in the Downtown Reha- bilitation Loan Program. Upon motion the docu- ments were received and filed, and Resolution No. 203-21 Authorizing the City Manager or the City Manager's designee to file and release liens on properties participating in the Down- town Rehabilitation Loan Program was adopted. RESOLUTION NO. 203-21 AUTHORIZING THE CITY MANAGER OR THE CITY MANAGER'S DESIGNEE TO FILE AND RELEASE LIENS ON PROPERTIES PARTICIPATING IN THE DOWNTOWN RE- HABILITATION LOAN PROGRAM Whereas, the City of Dubuque, Iowa by and through its Economic Development Depart- ment, executes property liens and mortgage in- struments on behalf of the City; and Whereas, the various lien and mortgage in- struments create an interest by the City in the various parcels of real estate which have been rehabilitated or repaired under the Downtown Rehabilitation Loan Program; and Whereas, the City is frequently requested to release or dispose of its interest in said real es- tate after the property owner has fulfilled the fi- nancial and other obligations of a lien and /or mortgage instrument; and Whereas, it is impractical to have each such release or disposition approved by the City Council. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Manager, or the City manager's designee, is authorized to release or dispose of the City of Dubuque interest in real estate which has been rehabilitated through the Downtown Rehabilitation Loan Program, upon the determination of City Manager, or the City manager's designee that the owner has fulfilled all the terms and conditions of the lien and/or mortgage instrument involved. Section 2. That the City Council shall retain the authority to release or dispose of the inter- est in any real estate upon which the original terms and conditions of the lien or mortgage in- struments are not fulfilled. Section 3. That this authorization shall apply to all future releases and dispositions, as well as to any here -to -fore released or disposed of by the Economic Development Department as part of the Downtown Rehabilitation Loan Pro- gram. Passed, approved, and adopted this 21 st day of June 2021. Danny C. Sprank, Mayor Pro Tern Attest: Adrienne N. Breitfelder, City Clerk 11. Sculptures Recommended for Inclusion in 2021-22 Art on the River Rotating Public Art Exhibition: City Manager recommended ap- proval of the Arts and Cultural Affairs Advisory Commission's recommendations for the 2021- 22 Art on the River sculpture selections and re- quests the use of a portion of the existing Fiscal Year 2021 program balances to support ex- panding the 2021-22 exhibit from 10 to 11 sculptures. Upon motion the documents were received, filed, and approved. 12. Arts Economic Impact Study Oppor- tunity: City Manager recommended approval for Dubuque to participate in an economic impact study of the arts in Dubuque. Upon motion the documents were received, filed, and approved. 13. Contracted Services Agreement - Dubu- que Dream Center: City Manager recom- mended approval of the Contracted Services Agreement with Dubuque Dream Center for the City's financial support for FY22. Upon motion the documents were received, filed, and ap- proved. 14. Contracted Services Agreement - Dubu- que Area Labor -Management Council: City Manager recommended approval of the Con- tracted Services Agreement with the Dubuque Area Labor -Management Council for the City's financial support for FY22. Upon motion the documents were received, filed, and approved. 15. Contracted Services Agreement - Dubu- que Main Street City Manager recommended approval of the Contracted Services Agreement with Dubuque Main Street for the City's finan- cial support for FY22. Upon motion the docu- ments were received, filed, and approved. 16. Contracted Services Agreement - The Fountain of Youth Program: City Manager rec- ommended approval of the Contracted Ser- vices Agreement with the Fountain of Youth Program for the City's financial support for FY22. Upon motion the documents were re- ceived, filed, and approved. 17. Contracted Services Agreement - Greater Dubuque Development Corporation: City Manager recommended approval of the Book 151 Regular Session, June 21, 2021 249 Contracted Services Agreement with the Greater Dubuque Development Corporation for the City's financial support for FY22. Upon mo- tion the documents were received, filed, and approved. 18. Contracted Services Agreement — Inclu- sive Dubuque: City Attorney recommended ap- proval of the Contracted Services Agreement with Inclusive Dubuque for the City's financial support for FY22. Upon motion the documents were received, filed, and approved. 19. Contracted Services Agreement — Com- munity Foundation of Greater Dubuque: Project HOPE: City Attorney recommended approval of the Contracted Services Agreement with the Community Foundation of Greater Dubuque: Project HOPE for the City's financial support for FY22. Upon motion the documents were re- ceived, filed, and approved. 20. FY 2022 Community Development Block Grant Updated Annual Action Plan: City Manager recommended City Council approval of the updated Community Development Block Grant Annual Action Plan and direct staff to transmit this plan to the U.S. Department of Housing and Urban Development. Upon motion the documents were received and filed, and Resolution No. 204-21 Adopting the FY22 (Pro- gram Year 2021) Community Development Block Grant (CDBG) Annual Action Plan for In- clusion in the City Budget was adopted. RESOLUTION NO. 204-21 ADOPTING THE FY22 (PROGRAM YEAR 2021) COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN FOR INCLUSION IN THE CITY BUDGET Whereas, the City of Dubuque, through a series of public meetings and hearings, pro- posed an updated FY22 (Program Year 2021) Community Development Block Grant Annual Action Plan for inclusion in the City Budget ad- dressing housing and non -housing needs in the community; and Whereas, the City Development Advisory Commission has held a public hearing on the proposed plan on June 16, 2021. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the updated Community De- velopment Block Grant FY22 (Program Year 2021) Annual Action Plan, attached hereto and by this reference made a part hereof, is hereby adopted for inclusion in the FY22 City Budget on June 21, 2021. Section 2. The City Manager is hereby au- thorized to directed staff to prepare and submit to the United States Department of Housing and Urban Development the updated FY22 (Program Year 2021) Annual Action Plan with all related documents, for the use of Community Development Block Grant funds based on this adopted budget and execute standard con- tracts and agreements. Passed, approved, and adopted this 21 s' day of June 2021. Danny C. Sprank, Mayor Pro Tern Attest: Adrienne N. Breitfelder, City Clerk 21. Update on Rules for Use of American Rescue Plan Funds and American Rescue Plan Act Community Engagement and Strategy Ses- sions: City Manager provided information on the status of the City of Dubuque allocation of the federal American Rescue Plan funds. Upon motion the documents were received and filed. 22. Certification of Consistency with Con- solidated Plan for Legal Aid Fair Housing Initia- tives Program Grant: City Manager recom- mended approval of the Certification of Con- sistency with the Consolidated Plan for Legal Aid Fair Housing Initiatives Program. Upon mo- tion the documents were received, filed, and approved. 23. 2021 Construction Projects Impacting Traffic and Road Construction Toolkit for Busi- nesses: City Manager provided a copy of the 2021 Construction Projects Impacting Traffic and Road Construction Toolkit for Businesses public information brochures. Upon motion the documents were received and filed. 24. Clarke Drive Fiber Project from Asbury Road to North Grandview - CIP 1002871: City Manager recommended acceptance of the con- struction contract for the Clarke Drive Fiber Pro- ject from Asbury Road to North Grandview Av- enue, as completed by Advanced Directional Drillers, in the final contract amount of $88,781.00. Upon motion the documents were received and filed, and Resolution No. 205-21 Accepting the Clarke Dr Fiber from Asbury Rd to N. Grandview Project and authorizing the payment to the contractor was adopted. RESOLUTION NO. 205-21 ACCEPTING THE CLARKE DR FIBER FROM ASBURY RD TO N. GRANDVIEW PROJECT AND AUTHORIZING THE PAYMENT TO THE CONTRACTOR Whereas, the public improvement contract for the Clarke Dr. Fiber from Asbury Rd. to N. Grandview Ave. Project, (the Project) has been completed by the Contractor, Advanced Direc- tional Drillers, (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 $88,781.00; and Whereas, the Contractor has previously 250 Regular Session, June 21, 2021 Book 151 been paid $84,341.45, leaving a balance of $4,439.05; and Whereas, the City Council finds that the rec- ommendation 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 $4,439.05 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 21 sc day of June 2021. Danny C. Sprank, Mayor Pro Tern Attest: Adrienne N. Breitfelder, City Clerk 25. Northwest Arterial - Pennsylvania Ave- nue Right Turn Lane Project: Acceptance of Public Improvement Contract - Iowa DOT Pro- ject No. CS-TSF-2100 (685)--85-31 CIP 3002675: City Manager recommended ac- ceptance of the public improvement contract for the Northwest Arterial — Pennsylvania Avenue Right Turn Lane Improvements Project, as completed by Midwest Concrete, Inc., in the fi- nal contract amount of $370,116.25, which is an 8.7% increase from the original contract amount of $340,575.10. Upon motion the docu- ments were received and filed, and Resolution No. 206-21 Accepting the Northwest Arterial - Pennsylvania Avenue Right Turn Lane Im- provement Project and authorizing the final payment to the contractor was adopted. RESOLUTION NO. 206-21 ACCEPTING THE NORTHWEST ARTERIAL - PENNSYLVANIA AVENUE RIGHT TURN LANE IMPROVEMENT PROJECT AND AU- THORIZING THE FINAL PAYMENT TO THE CONTRACTOR Whereas, the public improvement contract for the Northwest Arterial - Pennsylvania Ave- nue Right Turn Lane Improvements Project, (the Project) has been completed by the Con- tractor, Midwest Concrete, 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 $370,116.25; and Whereas, the Contractor has previously been paid $356,753.83, leaving a balance of $13,362.42; and Whereas, the City Council finds that the rec- ommendation 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 Curb Ramp Program CIP appropriations for the con- tract amount of $370,116.25 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 $13,362.42 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 21s' day of June 2021. Danny C. Sprank, Mayor Pro Tern Attest: Adrienne N. Breitfelder, City Clerk 26. Southwest Arterial Project: North Cas- cade Road, English Mill Road, Military Road Bridges - Bridge Railing and Decorative Con- crete Post Coloring Project Iowa DOT Project No. STP-U-2100 (693)--70-31: City Manager recommended acceptance of the construction contract for the Southwest Arterial - North Cas- cade Road, English Mill Road, and Military Road - Local Bridge Railing and Decorative Concrete Post Coloring Project, as completed by Taylor Construction, Inc. in the final contract amount of $530,170, which is a 0.7% decrease from the original contract amount of $533.905.00. Upon motion the documents were received and filed, and Resolution No. 207-21 Accepting Southwest Arterial North Cascade Road, English Mill Road, and Military Road Lo- cal Bridge Railing and Decorative Concrete Post Coloring Project, Iowa DOT Project No. Stp-U-2100 (693)--70-31 and authorizing the payment to the contractor was adopted. RESOLUTION NO. 207-21 ACCEPTING SOUTHWEST ARTERIAL NORTH CASCADE ROAD, ENGLISH MILL ROAD, AND MILITARY ROAD LOCAL BRIDGE RAILING AND DECORATIVE CON- CRETE POST COLORING PROJECT, IOWA DOT PROJECT NO. STP-U-2100 (693)--70-31 AND AUTHORIZING THE PAYMENT TO THE CONTRACTOR Whereas, the public improvement contract for the Southwest Arterial - North Cascade Road, English Mill Road, and Military Road - Lo- cal Bridge Railing and Decorative Concrete Post Coloring Project, Iowa DOT Project No. STP-U-2100 (693)--70-31, (the Project) has Book 151 Regular Session, June 21, 2021 251 been completed by the Contractor, Taylor Con- struction, Inc. (Contractor), the City Engineer has examined the work and recommends that the Project be accepted; and Whereas, the final contract amount for the Project is $530,170.00; and Whereas, the Contractor has previously been paid $514,264.90, leaving a balance of $15,905.10; and Whereas, the City Council finds that the rec- ommendation 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 $15,905.10 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 21 st day of June 2021. Danny C. Sprank, Mayor Pro Tern Attest: Adrienne N. Breitfelder, City Clerk 27. Fire Station 6 External Stairwell Addition Project: Award Construction Contract CIP: 350- 2706: City Manager recommended award of the construction contract to the low bidder, Reed Construction, in the base bid amount of $280,000, which is 19.1 % below the engineer's estimate. Upon motion the documents were re- ceived and filed, and Resolution No. 208-21 Awarding the Public Improvement Contract for the Fire Station 6 External Stairwell Addition Project was adopted. RESOLUTION NO. 208-21 AWARDING THE PUBLIC IMPROVEMENT CONTRACT FOR THE FIRE STATION 6 EX- TERNAL STAIRWELL ADDITION PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Whereas, sealed proposals have been sub- mitted by contractors for the Fire Station 6 Ex- ternal Stairwell Addition Project, (the Project) pursuant to Resolution No. 172-21 and Notice to Bidders published on the City of Dubuque, Iowa website and plan room service with statewide circulation on the 211t day of May 2021; and Whereas, said sealed proposals were opened and read on the 9t" day of June 2021 and it has been determined that Reed Con- struction of DeWitt, Iowa, with a low bid in the amount of $280,000.00 is the lowest respon- sive, responsible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That a Public Improvement Contract for the Project is hereby awarded to Reed Construc- tion and the City Manager is hereby directed to execute a Public Improvement Contract on be- half of the City of Dubuque for the Project. Passed, adopted, and approved this 21s' day of June 2021. Danny C. Sprank, Mayor Pro Tern Attest: Adrienne N. Breitfelder, City Clerk 28. Dillon Street Drain Tile Project 2021: City Manager recommended that the award for the Dillon Street Drain Tile Project 2021 be offi- cially recorded in the minutes of the City Coun- cil. Upon motion the documents were received, filed, and made a Matter of Record. 29. United States Environmental Protection Agency Brownfields Multipurpose Grant Project Request to Distribute RFQ and Create an RFQ Review Committee: City Manager recom- mended approval to release the Request for Qualifications for professional services for the EPA Brownfields Multipurpose Grant Project and further recommended that the City Man- ager be authorized to negotiate and execute a final agreement with the recommended consult- ant. Upon motion the documents were re- ceived, filed, and approved. 30. Iowa Department of Transportation State Recreational Trail Grant Application for Bee Branch Creek Trail: Phase 2: City Manager recommended approval of a resolution author- izing submission of the application to the Iowa Department of Transportation for State Recrea- tional Trail (SRT) grant funds for the Bee Branch Creek Trail: Phase 2 project. Upon mo- tion the documents were received and filed, and Resolution No. 209-21 Authorizing the City's Grant Application to the State Recreational Trail Program for the Bee Branch Creek Trail: Phase 2 Project and assurance that the improvements will be maintained following completion of the project was adopted. RESOLUTION NO. 209-21 AUTHORIZING THE CITY'S GRANT APPLI- CATION TO THE STATE RECREATIONAL TRAIL PROGRAM FOR THE BEE BRANCH CREEK TRAIL: PHASE 2 PROJECT AND AS- SURANCE THAT THE IMPROVEMENTS WILL BE MAINTAINED FOLLOWING COM- PLETION OF THE PROJECT Whereas, the Iowa Department of Trans- portation (IDOT) has grant funds available in the State Recreational Trail (SRT) Program to fund public recreational trails; and Whereas, the Bee Branch Creek Trail was added to the Dubuque Metropolitan Area Transportation Study (DMATS) 2045 Long 252 Regular Session, June 21, 2021 Book 151 Range Transportation Plan as part of the 16th Street Improvements Project on November 9, 2017; and Whereas, the City of Dubuque has allocated Sales Tax funds to match the requested SRT grant funds for construction of the Bee Branch Creek Trail: Phase 2 Project; and Whereas, the IDOT requires the City of Dubuque's official endorsement of the project and the City's stated commitment to maintain the improvements for the intended public use for a minimum of twenty (20) years following project completion. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The Mayor is authorized to sign and submit an application for SRT Program Funds to the IDOT for the Bee Branch Creek Trail: Phase 2 Project. Section 2. That the City Council hereby pro- vides its written assurance that the Bee Branch Creek Trail: Phase 2 Project will be adequately maintained for its intended public use for a min- imum of twenty (20) years following completion of the project. Passed, adopted, and approved this 21st day of June 2021. Danny C. Sprank, Mayor Pro Tern Attest: Adrienne N. Breitfelder, City Clerk 31. State of Iowa Federal -Aid Section 130 Railroad Grade Crossing Safety Improvements Agreement for the Construction of Activated Signals at the Railroad Crossing Located at East 14th Street: Iowa DOT Project No. RRP- RR01(205)--8A-00: City Manager recom- mended approval and authorization for the Mayor to execute the State of Iowa Federal -Aid Section 130 Railroad Grade Crossing Safety Improvements Agreement between the Cana- dian Pacific Railway, d/b/a Dakota, Minnesota and Eastern Railroad Corporation, the Iowa De- partment of Transportation, and the City of Dubuque for the construction of a new activated signal systems at the East 14th Street railroad grade crossing. Upon motion the documents were received and filed, and Resolution No. 210-21 State of Iowa Federal -Aid Section 130 Railroad Grade Crossing Safety Improvements Agreement for the Construction of Activated Signals at the Railroad Crossing located at East 14m Street was adopted. RESOLUTION NO. 210-21 STATE OF IOWA FEDERAL -AID SECTION 130 RAILROAD GRADE CROSSING SAFETY IMPROVEMENTS AGREEMENT FOR THE CONSTRUCTION OF ACTIVATED SIGNALS AT THE RAILROAD CROSSING LOCATED AT EAST 14T" STREET Whereas, the Canadian Pacific Railroad dba Dakota, Minnesota and Eastern Railroad Corporation, Iowa Department of Transporta- tion, and City of Dubuque have agreed to enter into a State of Iowa Federal -Aid Section 130 Railroad Grade Crossing Safety Improvements Agreement for the for the construction of a new activated signal systems at the East 14th Street railroad grade crossing: and Whereas, the Iowa Department of Trans- portation has developed a Section 130 Railroad Grade Crossing Safety Improvements Agree- ment, outlining the terms and conditions be- tween the Canadian Pacific Railroad and the City for the construction and installation of new signals, lights, and gates at the railroad cross- ing at East 14th Street is being granted: and Whereas, per said Agreement, the City will be responsible for completing the associated pavement, curb, and sidewalk improvements and Canadian Pacific Railway will fully reim- burse the City all costs incurred. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the State of Iowa Federal - Aid Section 130 Railroad Grade Crossing Safety Improvements Agreement between the Canadian Pacific Railroad, Iowa Department of Transportation, and the City of Dubuque is hereby approved for the for the construction of a new activated signal systems at the East 14th Street railroad grade crossing. Section 2. That the Mayor be authorized and directed to execute the State of Iowa Fed- eral -Aid Section 130 Railroad Grade Crossing Safety Improvements Agreement. Section 3. That a certified copy of the reso- lution will be included with the Agreement and submitted to Canadian Pacific Railroad and to Iowa Department of Transportation by the City Clerk of the City of Dubuque. Passed, approved, and adopted this 21 st day of June 2021. Danny C. Sprank, Mayor Pro Tern Attest: Adrienne N. Breitfelder, City Clerk 32. Signed Contract(s): Scales Mound Packet Co. d/b/a River Cruises for Docking Li- cense Agreement; Tricon General Construc- tion, Inc. for the Purina Drive Flood Wall Re- placement Project. Upon motion the documents were received and filed. 33. 2019 and 2020 City Council Official Pro- ceedings: City Clerk submitted the completed and indexed City Council Official Proceedings for calendar years 2019 and 2020. Upon motion the documents were received, filed, and ap- proved. 34. Alcohol and Tobacco License Applica- tions: City Manager recommended approval of annual liquor, beer, wine, and tobacco license applications as submitted. Upon motion the Book 151 Regular Session, June 21, 2021 253 documents were received and filed, and Reso- lution No. 211-21 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 Licenses and Permits; and Resolution No. 212- 21 Approving applications for retail cigarette/to- bacco sales/nicotine/vapor permits, as required by Iowa Code Chapter 453A.47A were adopted. RESOLUTION NO. 211-21 APPROVING APPLICATIONS FOR BEER, LIQUOR, AND/OR WINE PERMITS, AS RE- QUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LI- CENSE REGULATIONS, CHAPTER 2 LIQ- UOR CONTROL, ARTICLE B LIQUOR, 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 author- ized and directed to cause to be issued the noted permit types to the following applicants pending submission of the locally required doc- umentation: Renewals Adobo's Mexican Grill, 756 Main St American Legion Post #6, 1306 Delhi St. Dubuque Bowling Lanes, 1029 1/2 Main St. Dubuque Museum of Art, 701 Locust St. Five Flags Center, 405 Main St. Hy-Vee Wine and Spirits "A", 3500 Dodge St. Joliet Building Corporation, 781 Locust St. Los Aztecas III Mexican Restaurant, 2345 NW Arterial Neighborhood Quick Mart, 690 W. Locust St. Ooh La La, 3460 Hillcrest Rd. Pioneers Rest Stop, 4900 Old Highway Rd. Rotary Club of Dubuque, 135 W. 8th St. The Smokestack, 62 E. 7th St. Special Event(s) per Special Event Application Submittal Hilton Garden Inn and Q Casino and Houli- han's, 1801 and 1855 Greyhound Park Dr. Passed, approved, and adopted this 21 st day of June 2021. Danny C. Sprank, Mayor Pro Tern Attest: Adrienne N. Breitfelder, City Clerk RESOLUTION NO. 212-21 APPROVING APPLICATIONS FOR RETAIL CIGARETTE / TOBACCO SALES / NICOTINE / VAPOR PERMITS, AS REQUIRED BY IOWA CODE 453A.47A Whereas, applications for Cigarette / To- bacco Sales 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 other- wise 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 author- ized and directed to cause to be issued the fol- lowing named applicants and locations for cig- arette/tobacco sales permit. Business Name, Business Address Walmart Supercenter # 2004, 4200 Dodge St. Casey's General Store #2420, 2699 Rockdale Rd. Casey's General Store #2421, 4003 Peru Rd. Casey's General Store #3473, 1072 Cedar Cross Rd. Liquor Tobacco and Gas, 1401 Central Ave. The Great Vape, 3250 Central Ave. Sid's Beverage Store Inc., 2727 Dodge St. Liquor Tobacco and Grocery, 1998 Jackson St. Beecher Liquor, 1691 Asbury Rd. Moondog Music, 806 Wacker Dr. #120 Vapor City Outlet, 3330 Asbury Rd. Botanicanna, 3430 Dodge St. #24 Paro Food Mart, 3200 Central Ave. Dubuque Mining Co., 555 John F. Kennedy Rd. #600 Hammerheads Bar and Billiards, 2095 Kerper Blvd. Suite #2 Walnut Tap, 709 University Ave. The Konnexion, 1099 University Ave. My Cap Vendors/ Machine located at Diamond Jo Casino, 301 Bell St. Super Stop IV, 535 Hill St. Suite A Super Star Tobacco, 1620 John F. Kennedy Rd. Fareway Stores #114, 2050 John F.. Kennedy Rd. Hy-Vee Gas #2, 2435 NW Arterial Hy-Vee Food Store #2, 2395 NW Arterial Hy-Vee Gas #3, 300 S. Locust St. Hy-Vee Food Store #3, 400 S. Locust St. Hy-Vee Food C Store #1, 3270 Dodge St. Hy-Vee Wine and Spirits #1, 3500 Dodge St. Hy-Vee Food Store #1, 3500 Dodge St. Walgreens #6154, 2260 John F. Kennedy Rd. Walgreens #9708, 55 John F. Kennedy Rd. Walgreens #11942, 345 East 20th St. Central Grocery and Beauty, 1572 Central Ave. Phillips 66/Arby's, 10 South Main St. 254 Regular Session, June 21, 2021 Book 151 The Altered State, 1523 Central Ave. Jayde's Vapor Lounge, 3220 Dodge St. #104 Kwik Stop #325, 1210 East 16th St. Kwik Stop #300, 1215 East 16th St. Kwik Stop #86, 2150 Twin Valley Dr. Kwik Stop #84, 2335 University Ave. Kwik Stop #78, 4039 Pennsylvania Ave. Kwik Stop #76, 2320 Gateway Dr. Kwik Stop #74, 2360 Central Ave. Kwik Stop #72, 2255 Kerper Blvd. Kwik Stop #58, 3340 John F. Kennedy Rd. Kwik Stop #48, 3201 Central Ave. Q Casino, 1855 Greyhound Park Dr. Big 10 Mart #10, 1875 John F. Kennedy Rd. Big 10 Mart #11, 3300 Asbury Rd. Big 10 Mart #12, 405 Rhomberg Ave. Big 10 Mart #13, 2100 John F. Kennedy Rd. Hartig Drug #8, 1600 University Ave. Hartig Drug #4, 2225 Central Ave. Hartig Drug #3, 2255 John F. Kennedy Rd. Hartig Drug #2, 157 Locust St. Dollar General Store #6896, 605 W. Locust St. Dollar General Store #7289, 3250 Kennedy Cir #8 Dollar General Store #10074, 2440 Gateway Dr. Pioneer's Rest Stop, 4900 Old Hwy Rd. Family Dollar #21599, 2013 Central Ave. #4 BP Fuel, 1450 Loras Blvd. Kwik Star #236, 2035 John F. Kennedy Rd. Kwik Star #495, 2685 Dodge St. Tobacco Outlet Plus #504, 806 Wacker Dr. Suite 140 Midwest Vapors, 2600 Dodge St. Suite B4 Eagle Country Market, 1800 Elm St. Dubuque Wine and Spirits, 3305 Asbury Rd. EZ Stop II, 700 Rhomberg Ave. North Side Liquor and Tobacco, 2013 Central Ave. #1 Neighborhood Quick Mart, 690 W. Locust St. Fas Mart #5159, 2175 Central Ave. CDs 4 Change, 3305 Asbury Rd. #2 EZ Stop 1, 1101 Rhomberg Ave. Dubuque Tobacco and Grocery, 1248 Iowa St. Port of Dubuque Marina, 450 East 3rd St. Spencer Gifts, 555 John F. Kennedy Rd. Passed, approved, and adopted this 21 st day of June 2021. Danny C. Sprank, Mayor Pro Tern 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 Far- ber. Motion carried 7-0. 1. 2021 Pavement Marking Project (CIP 3002245): City Manager recommended initia- tion of the public bidding procedure for the 2021 Pavement Marking Project, and further recom- mends that a public hearing be set for July 6, 2021. Upon motion the documents were re- ceived and filed, and Resolution No. 213-21 Preliminary approval of plans, specifications, form of contract, and estimated cost; setting date of public hearing on plans, specifications, form of contract, and estimated cost; and order- ing the advertisement for bids was adopted set- ting a public hearing for a meeting to commence at 6:30 p.m. on July 6, 2021 in the Historic Fed- eral Building. RESOLUTION NO. 213-21 2021 PAVEMENT MARKING PROJECT - PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPECIFICA- TIONS, FORM OF CONTRACT, AND ESTI- MATED COST; AND ORDERING THE AD- VERTISEMENT FOR BIDS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The proposed plans, specifica- tions, form of contract and estimated cost for the 2021 Pavement Marking Project in the esti- mated amount $197,500.00, are hereby prelim- inarily approved and ordered filed in the office of the City Clerk for public inspection. Section 2. A public hearing will be held on the 6th day of July, 2021, at 6:30 p.m. in the His- toric Federal Building Council Chambers (and/or by virtual means) 350 W. 6th Street, Dubuque, Iowa, at which time interested per- sons may appear and be heard for or against the proposed plans and specifications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubu- que, Iowa, which notice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any interested person may appear and file ob- jections to the proposed plans, specifications, form of contract, or estimated cost of the Pro- ject. Section 3. The 2021 Pavement Marking Project is hereby ordered to be advertised for bids for construction. Section 4. The amount of the security to ac- company each bid shall be in an amount which shall conform to the provisions of the Notice to Bidders hereby approved. Section 5. The City Engineer is hereby di- rected to advertise for bids for the construction of the improvements herein provided, by pub- lishing the Notice to Bidders to be published on the City of Dubuque website and a contractor plan room service with statewide circulation, which notice shall be published not less than thirteen but not more than forty-five days before Book 151 Regular Session, June 21, 2021 255 the date for filing bids before 2:00 p.m. on the 8th day of July 2021. Bids shall be opened and read by the City Clerk at said time and will be submitted to the City Council for final action at 6:30 p.m. on the 19th day of July 2021, in the Historic Federal Building Council Chambers (and/or by virtual means) 350 West 6th Street, Dubuque, Iowa. Passed, adopted, and approved this the 21 st day of June 2021. Danny C. Sprank, Mayor Pro Tern Attest: Adrienne N. Breitfelder, City Clerk BOARDS/COMMISSIONS 1. Applications were reviewed for the follow- ing Boards and Commissions. Applicants were invited to address the City Council regarding their desire to serve on the following Boards/Commissions. i. Housing Appeals and Mediation Board: One, 3-Year term through January 1, 2024. Ap- plicant: George Cooley, 2255 Francis St. Mem- bership Requires Balance of Landlords, Ten- ants and Other Interested Citizens 5 Commis- sioners total; currently 2 Landlords/1 Tenant/1 Interested Citizen. 2. Appointments were made to the following boards/commissions. i. Arts and Cultural Affairs Advisory Com- mission: Three, 3-Year terms through June 30, 2024 (Expiring terms of Daugherty as At Large, Neuhaus as Business Professional Living or Working Within District, and Siegert as Busi- ness Professional). Applicants: Noelle Chesney, 1830 Links Glen Dr. - Qualifies for Business Professional and At -Large; Paula Neuhaus, 793 West 3rd St. - Qualifies for Busi- ness Professional Living or Working Within Dis- trict and At -Large; Thomas Robbins, 2361 Har- vest View Dr. - Qualifies for At -Large. Motion by Jones to appoint Ms. Chesney to the Business Professional three-year term through June 30, 2024; Ms. Neuhaus to the for Business Professional Living or Working Within District three-year term through June 30, 2024; and Mr. Robbins to the At -Large three-year term through June 30, 2024. Seconded by Res- nick. Motion carried 7-0. ii. Historic Preservation Commission: Two, 3-Year terms through July 1, 2024 (Vacant terms of Klavitter as *At Large and Rapp as *Old Main Interim). Applicants: Tim Gau 2529 Windsor Ave — Qualifies for At -Large; Alec Gus- tafson, 299 Main St. - Qualifies for Old Main and At -Large; John Link, 535 W. 5th St. — Qualifies for At -Large. This commission is subject to the State of Iowa Gender Balance Law 9 Commis- sioners total; currently 2 males/ 2 females/ 5 openings. *Openings were advertised for 90 days while non -male identifying applicants were sought in adherence with Iowa Code 69.16A Gender Balance. Additional openings on the commission are being advertised for 90 days while nonmale identifying applicants are sought in adherence with Iowa Code 69.16A Gender Balance. Motion by Roussell to appoint Mr. Gus- tafson to the Old Main three-year term through July 1, 2024. Seconded by Sprank. Motion car- ried 7-0. Upon roll call vote, Mr. Link was appointed to the At -Large three-year term through July 1, 2024. Mr. Gau received 1 vote (Sprank), and Mr. Link received the remaining 6 votes. iv. Long Range Planning Advisory Commis- sion: One, 3-Year term through July 1, 2024 (Expiring term of Stoffel). Applicant: Tyler Stof- fel, 960 Boyer St. Motion by Resnick to appoint Mr. Stoffel to the three-year term through July 1, 2024. Seconded by Cavanagh. Motion car- ried 7-0. v. Park and Recreation Advisory Commis- sion: One, 3-Year term through July 1, 2024 (Expiring term of Tigges). Applicant: Jennifer Tigges, 4927 Wild Flower Dr. Motion by Cavanagh to appoint Ms. Tigges to the three- year term through July 1, 2024. Seconded by Sprank. Motion carried 7-0. vi. Resilient Community Advisory Commis- sion: One, 3-Year term through July 1, 2024 (Expiring term of Hoffman). Applicant: Adam Hoffmann, 1910 Marion St. Motion by Roussell to appoint Mr. Hoffman to the three-year term through July 1, 2024. Seconded by Farber. Mo- tion carried 7-0. vii. Zoning Advisory Commission: One, 3- Year term through July 1, 2024 (Expiring Term of Russell). Applicant: Rich Russell, 2045 Em- bassy West Dr. This commission is subject to the State of Iowa Gender Balance Law. 7 Com- missioners total; currently 2 males/3 females/2 openings. Motion by Jones to appoint Mr. Rus- sell to the three-year term through July 1, 2024. Seconded by Resnick. Motion carried 7-0. PUBLIC HEARINGS 1. Amending Section 16-6-4 Flood Hazard Overlay District of the Unified Development Code: Proof of publication on notice of public hearing to consider City Council approval of a request from City of Dubuque to amend Section 16-6-4 Flood Hazard Overlay District of the Uni- fied Development Code by repealing the cur- rent ordinance and adopting a new Section 16- 6-4 Flood Hazard Overlay District, and Zoning Advisory Commission recommending approval. 256 Regular Session, June 21, 2021 Book 151 Motion by Cavanagh to receive and file the doc- 4. BASEMENT - Any enclosed area of a uments and that the requirement that a pro- building which has its floor or lowest level posed ordinance be considered and voted on below ground level (subgrade) on all for passage at two Council meetings prior to the sides. Also see "lowest floor." meeting at which it is to be passed be sus- 5. DEVELOPMENT - Any man-made pended. Seconded by Sprank. Planning Ser- change to improved or unimproved real vices Manager Wally Wernimont provided a estate, including but not limited to build - staff report. Mr. Wernimont responded to ques- ings or other structures, mining, dredging, tions from the City Council regarding how af- filling, grading, paving, excavation, drilling fected property owners were notified and the operations or storage of equipment or ma - mortgage options for residents in both desig- terials. "Development' does not include nated and non -designated flood plains. Motion "minor projects" or "routine maintenance carried 7-0. of existing buildings and facilities" as de - Motion by Cavanagh for final consideration fined in this section. It also does not in - and passage of Ordinance No. 24-21 Amending clude gardening, plowing, and similar Title 16 of the City of Dubuque Code of Ordi- practices that do not involve filling or grad- nances, Unified Development Code, by repeal- ing. ing Section 6-4 Flood Hazard Overlay District 6. ENCLOSED AREA BELOW LOW - and enacting a new Section 6-4 Flood Hazard EST FLOOR - The floor of the lowest en - Overlay District to comply with National Flood closed area in a building when all the fol- Insurance Program Requirements. Seconded lowing criteria are met: by Sprank. Motion carried 7-0. A. The enclosed area is designed to flood to equalize hydrostatic pressure OFFICIAL PUBLICATION during flood events with walls or open - ORDINANCE NO. 24-21 ings that satisfy the provisions of Sec - AMENDING TITLE 16 OF THE CITY OF tion 16-6-4-7(2)(D)(1) of Title 16, and DUBUQUE CODE OF ORDINANCES, UNI- B. The enclosed area is unfinished FIED DEVELOPMENT CODE, BY REPEAL- (not carpeted, drywalled, etc.) and ING SECTION 6-4 FLOOD HAZARD OVER- used solely for low damage potential LAY DISTRICT AND ENACTING A NEW SEC- uses such as building access, parking, TION 6-4 FLOOD HAZARD OVERLAY DIS- or storage, and TRICT TO COMPLY WITH NATIONAL C. Machinery and service facilities FLOOD INSURANCE PROGRAM REQUIRE- (e.g., hot water heater, furnace, elec- MENTS trical service) contained in the en - NOW, THEREFORE, BE IT ORDAINED BY closed area are located at least one THE CITY COUNCIL OF THE CITY OF DUBU- (1) foot above the base flood eleva- QUE, IOWA: tion, and Section 1. That Title 16 of the City of Dubu- D. The enclosed area is not a "base- que Code of Ordinances, Unified Development ment' as defined in this section. Code, be amended by repealing Section 6-4 7. EXISTING CONSTRUCTION - Any and enacting a new Section 6-4 Flood Hazard structure for which the "start of construc- Overlay Districts, as follows: tion" commenced before the effective date 16-6-4: FLOOD HAZARD OVERLAY DIS- of the first floodplain management regula- TRICT tions adopted by the community. 16-6-4-1: DEFINITIONS: Unless specifically 8. EXISTING FACTORY -BUILT HOME defined below or in Chapter 2 of this title, words PARK OR SUBDIVISION - A factory -built or phrases used in Section 16-6-4 shall be in- home park or subdivision for which the terpreted so as to give them the meaning they construction of facilities for servicing the have in common usage and to give Section 16- Lots on which the factory -built homes are 6-4 its most reasonable application. to be affixed (including at a minimum, the 1. APPURTENANT STRUCTURE - A installation of utilities, the construction of structure which is on the same parcel of streets, and either final site grading or the the property as the principal structure to pouring of concrete pads) is completed be insured and the use of which is inci- before the effective date of the first flood - dental to the use of the principal structure. plain management regulations adopted by 2. BASE FLOOD - The flood having one the community. (1) percent chance of being equaled or ex- 9. EXPANSION OF EXISTING FAC- ceeded in any given year. (Also commonly TORY-BUILT HOME PARK OR SUBDIVI- referred to as the 100-year flood"). SION - The preparation of additional sites 3. BASE FLOOD ELEVATION (BFE) - by the construction of facilities for servic- The elevation floodwaters would reach at ing the Lots on which the factory -built a particular site during the occurrence of a homes are to be affixed (including at a base flood event. minimum, the installation of utilities, the Book 151 Regular Session, June 21, 2021 257 construction of streets, and either final site grading or the pouring of concrete pads). 10. FACTORY -BUILT HOME - Any structure, designed for residential use which is wholly or in substantial part, made, fabricated, formed or assembled in manufacturing facilities for installation or assembly and installation, on a building site. For the purpose of Section 16-6-4 factory -built homes include mobile homes, manufactured homes, and modular homes; and also include "recreational ve- hicles" which are placed on a site for greater than 180 consecutive days and not fully licensed for and ready for high- way use. 11. FACTORY -BUILT HOME PARK OR SUBDIVISION - A parcel or contiguous parcels of land divided into two or more factory -built home Lots for sale or lease. 12. FIVE HUNDRED (500) YEAR FLOOD - A flood, the magnitude of which has a two -tenths (0.2) percent chance of being equaled or exceeded in any given year or which, on average, will be equaled or exceeded at least once every five hun- dred (500) years. 13. FLOOD - A general and temporary condition of partial or complete inundation of normally dry land areas resulting from the overflow of streams or rivers or from the unusual and rapid runoff of surface waters from any source. 14. FLOOD INSURANCE RATE MAP (FIRM) - The official map prepared as part of (but published separately from) the Flood Insurance Study which delineates both the flood hazard areas and the risk premium zones applicable to the commu- nity. 15. FLOOD INSURANCE STUDY (FIS) - A report published by FEMA for a com- munity issued along with the community's Flood Insurance Rate Map(s). The study contains such background data as the base flood discharge and water surface elevations that were used to prepare the FIRM. 16. FLOODPLAIN - Any land area sus- ceptible to being inundated by water as a result of a flood. 17. FLOODPLAIN MANAGEMENT -An overall program of corrective and preven- tive measures for reducing flood damages and promoting the wise use of floodplains, including but not limited to emergency preparedness plans, flood control works, floodproofing and floodplain management regulations. 18. FLOODPROOFING - Any combina- tion of structural and nonstructural addi- tions, changes, or adjustments to struc- tures, including utility and sanitary facili- ties, which will reduce or eliminate flood damage to such structures. 19. FLOODWAY - The channel of a river or stream and those portions of the flood - plains adjoining the channel, which are reasonably required to carry and dis- charge flood waters or flood flows so that confinement of flood flows to the floodway area will not cumulatively increase the wa- ter surface elevation of the base flood by more than one (1) foot. 20. FLOODWAY FRINGE - Those por- tions of the Special Flood Hazard Area outside the floodway. 21. HIGHEST ADJACENT GRADE - The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. 22. HISTORIC STRUCTURE - Any structure that is: A. Listed individually in the National Register of Historic Places, main- tained by the Department of Interior, or preliminarily determined by the Secre- tary of the Interior as meeting the re- quirements for individual listing of the National Register; B. Certified or preliminarily deter- mined by the Secretary of the Interior as contributing to the historical signifi- cance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; C. Individually listed on a state in- ventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or, D. Individually listed on a local inven- tory of historic places in communities with historic preservation programs that have been certified by either i) an approved state program as deter- mined by the Secretary of the Interior or ii) directly by the Secretary of the In- terior in states without approved pro- grams. 23. LOWEST FLOOR - The floor of the lowest enclosed area in a building includ- ing a basement except when the criteria listed in the definition of Enclosed Area below Lowest Floor are met. 24. MAXIMUM DAMAGE POTENTIAL DEVELOPMENT - Hospitals and like insti- tutions; buildings or building complexes containing documents, data, or instru- ments of great public value; buildings or building complexes containing materials dangerous to the public or fuel storage fa- cilities; power installations needed in emergency or other buildings or building 258 Regular Session, June 21, 2021 Book 151 complexes similar in nature or use. 25. MINOR PROJECTS - Small devel- opment activities (except for filling, grad- ing and excavating) valued at less than $500. 26. NEW CONSTRUCTION - (new buildings, factory -built home parks) - Those structures or development for which the start of construction com- menced on or after the effective date of the first floodplain management regula- tions adopted by the community. 27. NEW FACTORY -BUILT HOME PARK OR SUBDIVISION - A factory -built home park or subdivision for which the construction of facilities for servicing the Lots on which the factory -built homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of the first flood - plain management regulations adopted by the community. 28. RECREATIONAL VEHICLE - A ve- hicle which is: A. Built on a single chassis; B. Four hundred (400) square feet or less when measured at the largest horizontal projection; C. Designed to be self-propelled or permanently towable by a light duty truck; and D. Designed primarily not for use as a permanent dwelling but as a tempo- rary living quarter for recreational, camping, travel, or seasonal use. 29. ROUTINE MAINTENANCE OF EX- ISTING BUILDINGS AND FACILITIES - Repairs necessary to keep a structure in a safe and habitable condition that do not trigger a building permit, provided they are not associated with a general improve- ment of the structure or repair of a dam- aged structure. Such repairs include: A. Normal maintenance of structures such as re -roofing, replacing roofing tiles and replacing siding; B. Exterior and interior painting, pa- pering, tiling, carpeting, cabinets, counter tops and similar finish work; C. Basement sealing; D. Repairing or replacing damaged or broken windowpanes; E. Repairing plumbing systems, electrical systems, heating, or air con- ditioning systems and repairing wells or septic systems. 30. SPECIAL FLOOD HAZARD AREA (SFHA) - The land within a community subject to the "base flood". This land is identified on the community's Flood Insur- ance Rate Map as Zone A, All-30, AE, AH, AO, AR, and/or A99. 31. START OF CONSTRUCTION - In- cludes substantial improvement, and means the date the development permit was issued, provided the actual start of construction, repair, reconstruction, reha- bilitation, addition, placement, or other im- provement, was within 180 days of the permit date. The actual start means either the first placement or permanent con- struction of a structure on a site, such as pouring of a slab or footings, the installa- tion of pile, the construction of columns, or any work beyond the stage of excavation; or the placement of a factory -built home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it in- clude the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or founda- tions or the erection of temporary forms; nor does it include the installation on the property of accessory buildings such as garages or sheds not occupied as dwell- ing units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alter- ation of any wall, ceiling, floor, or other structural part of the building, whether or not that alteration affects the external di- mensions of the building. 32. STRUCTURE - Anything con- structed or erected on the ground or at- tached to the ground, including, but not limited to, buildings, factories, sheds, cab- ins, factory -built homes, storage tanks, grain storage facilities and/or other similar uses. 33. SUBSTANTIAL DAMAGE - Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damage condition would equal or exceed fifty (50) percent of the market value of the structure before the damage occurred. Volunteer labor and donated materials shall be included in the estimated cost of repair. 34. SUBSTANTIAL IMPROVEMENT - Any improvement to a structure which sat- isfies either of the following criteria: A. Any repair, reconstruction, or im- provement of a structure, the cost of which equals or exceeds fifty (50) per- cent of the market value of the struc- ture either (i) before the "start of con- struction" of the improvement, or (ii) if the structure has been "substantially damaged" and is being restored, be- fore the damage occurred. The term does not, however, include any project for improvement of a structure to cor- rect existing violations of state or local Book 151 Regular Session, June 21, 2021 259 health, sanitary, or safety code speci- fications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions. The term also does not include any alteration of an "historic structure", provided the al- teration will not preclude the struc- ture's designation as an "historic struc- ture". B. Any addition which increases the original floor area of a building by 25 percent or more. All additions con- structed after the effective date of the first floodplain management regula- tions adopted by the community shall be added to any proposed addition in determining whether the total increase in original floor space would exceed 25 percent. 35. VARIANCE - A grant of relief by a community from the terms of the flood - plain management regulations. 36. VIOLATION - The failure of a struc- ture or other development to be fully com- pliant with the community's floodplain management regulations. 16-6-4-2: STATUTORY AUTHORITY, FIND- INGS OF FACT AND PURPOSE: 1. The Legislature of the State of Iowa has in Chapter 414, Code of Iowa, as amended, delegated the power to cities to enact zon- ing regulations to secure safety from flood and to promote health and the general wel- fare. 2. Findings of Fact A. The flood hazard areas of the City of Dubuque are subject to periodic inunda- tion which can result in loss of life and property, health and safety hazards, dis- ruption of commerce and governmental services, extraordinary public expendi- tures for flood protection and relief, and impairment of the tax base all of which ad- versely affect the public health, safety, and general welfare of the community. B. These flood losses, hazards, and re- lated adverse effects are caused by: (i) The occupancy of flood hazard areas by uses vulnerable to flood damages which create hazardous conditions as a result of being inadequately elevated or otherwise protected from flooding and (ii) the cumu- lative effect of obstructions on the flood - plain causing increases in flood heights and velocities. C. Section 16-6-4 relies upon engineer- ing methodology for analyzing flood haz- ards which is consistent with the stand- ards established by the Department of Natural Resources. 3. Statement of Purpose: It is the purpose of Section 16-6-4 to protect and preserve the rights, privileges and property of the City of Dubuque and its residents and to pre- serve and improve the peace, safety, health, welfare, and comfort and conven- ience of its residents by minimizing those flood losses described in Section 16-6-4- 2(2)(A) of Title 16 Unified Development Code with provisions designed to: A. Reserve sufficient floodplain area for the conveyance of flood flows so that flood heights and velocities will not be in- creased substantially. B. Restrict or prohibit uses which are dangerous to health, safety, or property in times of flood or which cause excessive increases in flood heights or velocities. C. Require that uses vulnerable to floods, including public facilities which serve such uses, be protected against flood damage at the time of initial con- struction or substantial improvement. D. Protect individuals from buying lands which may not be suited for intended pur- poses because of flood hazard. E. Assure that eligibility is maintained for property owners in the community to pur- chase flood insurance through the Na- tional Flood Insurance Program. 16-6-4-3: GENERAL PROVISIONS: 1. Lands to Which Unified Development Code Section 16-6-4 Apply The provisions of Section 16-6-4 shall ap- ply to all lands within the jurisdiction of the City of Dubuque shown on the Official Floodplain Zoning Map as being within the boundaries of the Floodway, Floodway Fringe, and General Floodplain (Overlay) Districts, as established in Section 16-6-4- 5. 2. Establishment of Official Floodplain Zoning Map The Flood Insurance Rate Map (FIRM) for Dubuque County and Incorporated Areas, City of Dubuque, Panels 19061 CO215F, 0217F, 0220F, 0236F, 0237F, 0238F, 0239F, 0241 F, 0330F, 0332F, 0335F, 0351 F, 0352F, 0354F, 0358F, 0365F, 0370F, dated August 10th 2021, and Panels 19061CO242F, 0243F, 0244F, 0356F, 0360F, dated August 19th, 2013 which were prepared as part of the Flood Insurance Study for Dubuque County, is (are) hereby adopted by reference and declared to be the Official Floodplain Zoning Map. The flood profiles and all explanatory material con- tained with the Flood Insurance Study are also declared to be a part of Section 16-6-4. 3. Rules for Interpretation of District Boundaries The boundaries of the zoning district ar- eas shall be determined by scaling dis- tances on the Official Floodplain Zoning Map. When an interpretation is needed as 260 Regular Session, June 21, 2021 Book 151 to the exact location of a boundary, the City 1) Review all floodplain develop - Planner shall make the necessary interpre- ment permit applications to assure tation. The Board of Adjustment shall hear that the provisions of Section 16-6-4 and decide appeals when it is alleged that will be satisfied. there is an error in any requirement, deci- 2) Review floodplain development sion, or determination made by the City applications to assure that all neces- Planner in the enforcement or administra- sary permits have been obtained from tion of Section 16-6-4. federal, state, and local governmental 4. Compliance agencies including approval when re - No structure or land shall hereafter be quired from the Department of Natural used, and no structure shall be located, ex- Resources for floodplain construction. tended, converted or structurally altered 3) Record and maintain a record of without full compliance with the terms of (i) the elevation (in relation to North Section 16-6-4 and other applicable regula- American Vertical Datum 1988) of the tions which apply to uses within the jurisdic- lowest floor (including basement) of all tion of Section 16-6-4. new or substantially improved struc- 5. Abrogation and Greater Restrictions tures or (ii) the elevation to which new It is not intended by Section 16-6-4 to re- or substantially improved structures peal, abrogate or impair any existing ease- have been floodproofed. ments, covenants, or deed restrictions. 4) Notify adjacent communi- However, where Section 16-6-4 imposes ties/counties and the Department of greater restrictions, the provision of Section Natural Resources prior to any pro- 16-6-4 shall prevail. All other ordinances in- posed alteration or relocation of a wa- consistent with Section 16-6-4 are hereby tercourse and submit evidence of such repealed to the extent of the inconsistency notifications to the Federal Emergency only. Management Agency. 6. Interpretation 5) Keep a record of all permits, ap- In their interpretation and application, the peals and such other transactions and provisions of Section 16-6-4 shall be held to correspondence pertaining to the ad - be minimum requirements and shall be lib- ministration of Section 16-6-4. erally construed in favor of the governing 6) Submit to the Federal Insurance body and shall not be deemed a limitation or Administrator an annual report con - repeal of any other powers granted by State cerning the community's participation, statutes. utilizing the annual report form sup- 7. Warning and Disclaimer of Liability plied by the Federal Insurance Admin- The standards required by Section 16-6-4 istrator. are considered reasonable for regulatory 7) Notify the Federal Insurance Ad - purposes. Section 16-6-4 does not imply ministrator of any annexations or mod - that areas outside the designated Flood- ifications to the community's bounda- plain (Overlay) District areas will be free ries. from flooding or flood damages. Section 16- 8) Review subdivision proposals to 6-4 shall not create liability on the part of the ensure such proposals are consistent City of Dubuque or any officer or employee with the purpose of Section 16-6-4 and thereof for any flood damages that result advise the Board of Adjustment of po- from reliance on Section 16-6-4 or any ad- tential conflict. ministrative decision lawfully made there 9) Maintain the accuracy of the com- under. munity's Flood Insurance Rate Maps 8. Severability when; If any section, clause, provision, or portion a. Development placed within of Section 16-6-4 is adjudged unconstitu- the Floodway (Overlay) District re- tional or invalid by a court of competent ju- sults in any of the following: risdiction, the remainder of Section 16-6-4 (i) An increase in the Base shall not be affected thereby. Flood Elevations, or 16-6-4-4: Administration: (ii) Alteration to the floodway 1. Appointment, Duties and Responsibili- boundary ties of Local Official b. Development placed in Zones A. The City Planner is hereby appointed A, AE, AH, and Al-30 that does to implement and administer the provi- not include a designated floodway sions of Section 16-6-4 and will herein be that will cause a rise of more than referred to as the Administrator. one foot in the base elevation; or B. Duties and responsibilities of the Ad- c. Development relocates or al- ministrator shall include, but not neces- ters the channel. Within 6 months sarily be limited to the following: Book 151 Regular Session, June 21, 2021 261 of the completion of the develop- ment, the applicant shall submit to FEMA all scientific and technical data necessary for a Letter of Map Revision. 10) Perform site inspections to en- sure compliance with the standards of Section 16-6-4. 11) Forward all requests for Vari- ances to the Board of Adjustment for consideration. Ensure all requests in- clude the information ordinarily sub- mitted with applications as well as any additional information deemed neces- sary to the Board of Adjustment. 10. 120 Floodplain Development Permit A. Permit Required - A Floodplain De- velopment Permit issued by the Adminis- trator shall be secured prior to any flood - plain development (any man-made change to improved and unimproved real estate, including but not limited to build- ings or other structures, mining, filling, grading, paving, storage of materials or equipment, excavation or drilling opera- tions), including the placement of factory - built homes. B. Application for Permit - Application shall be made on forms furnished by the Administrator and shall include the follow- ing: 1) Description of the work to be cov- ered by the permit for which applica- tion is to be made. 2) Description of the land on which the proposed work is to be done (i.e., Lot, block, track, street address or similar description) that will readily identify and locate the work to be done. 3) Location and dimensions of all structures and additions 4) Indication of the use or occupancy for which the proposed work is in- tended. 5) Elevation of the base flood. 6) Elevation (in relation to North American Vertical Datum 1988) of the lowest floor (including basement) of structures or of the level to which a structure is to be floodproofed. 7) For structures being improved or rebuilt, the estimated cost of improve- ments and market value of the struc- ture prior to the improvements. 8) Such other information as the Ad- ministrator deems reasonably neces- sary (e.g., drawings or a site plan) for the purpose of Section 16-6-4. C. Action on Permit Application - The Administrator shall, within a reasonable time, make a determination as to whether the proposed floodplain development meets the applicable standards of Section 16-6-4 and shall approve or disapprove the application. For disapprovals, the ap- plicant shall be informed, in writing, of the specific reasons, therefore. The Adminis- trator shall not issue permits for variances except as directed by the Board of Adjust- ment. D. Construction and Use to be as Pro- vided in Application and Plans - Flood - plain Development Permits based on the basis of approved plans and applications authorize only the use, arrangement, and construction set forth in such approved plans and applications and no other use, arrangement or construction. Any use, ar- rangement, or construction at variance with that authorized shall be deemed a vi- olation of Section 16-6-4. The applicant shall be required to submit certification by a professional engineer or land surveyor, as appropriate, registered in the State of Iowa, that the finished fill, structure floor elevations, floodproofing, or other flood protection measures were accomplished in compliance with the provisions of Sec- tion 16-6-4, prior to the use or occupancy of any structure. 16-6-4-5: ESTABLISHMENT OF FLOOD - PLAIN (OVERLAY) DISTRICTS: The floodplain areas within the jurisdiction of Section 16-6-4 are hereby divided into the fol- lowing districts: 1. Floodway (Overlay) District (FW) - those areas identified as Floodway on the Official Floodplain Zoning Map; 2. Floodway Fringe (Overlay) District (FF) - those areas identified as Zone AE on the Official Floodplain Zoning Map but exclud- ing those areas identified as Floodway; 3. General Floodplain (Overlay) District (GF) - those areas identified as Zone A on the Official Floodplain Zoning Map. The boundaries shall be as shown on the Official Floodplain Zoning Map. Within these districts, all uses not allowed as Per- mitted Uses are prohibited unless a vari- ance to the terms of Section 16-6-4 is granted after due consideration by the Board of Adjustment. 16-6-4-6: FLOODWAY (OVERLAY) DIS- TRICT (FW): 1. Permitted Uses All development within the Floodway Dis- trict shall be permitted to the extent that they are not prohibited by any other ordinance (or underlying zoning district) and provided they meet applicable performance stand- ards of the Floodway District. 2. Performance Standards All Floodway District uses allowed as a Permitted Use shall meet the following standards. 262 Regular Session, June 21, 2021 Book 151 A. No development shall be permitted in the Floodway District that would result in any increase in the base flood elevation. Consideration of the effects of any devel- opment on flood levels shall be based upon the assumption that an equal degree of development would be allowed for sim- ilarly situated lands. B. All development within the Floodway District shall: 1) Be consistent with the need to minimize flood damage. 2) Use construction methods and practices that will minimize flood dam- age. 3) Use construction materials and utility equipment that are resistant to flood damage. C. No development shall affect the ca- pacity or conveyance of the channel or floodway of any tributary to the main- stream, drainage ditch or any other drain- age facility or system. D. Structures, buildings, recreational ve- hicles, and sanitary and utility systems, if permitted, shall meet the applicable per- formance standards of the Floodway Fringe District and shall be constructed or aligned to present the minimum possible resistance to flood flows. E. Structures, if permitted, shall have a low flood damage potential and shall not be for human habitation. F. Storage of materials or equipment that are buoyant, flammable, explosive or injurious to human, animal or plant life is prohibited. Storage of other material may be allowed if readily removable from the Floodway District within the time available after flood warning. G. Watercourse alterations or reloca- tions (channel changes and modifications) must be designed to maintain the flood carrying capacity within the altered or re- located portion. In addition, such altera- tions or relocations must be approved by the Department of Natural Resources. H. Any fill allowed in the floodway must be shown to have some beneficial pur- pose and shall be limited to the minimum amount necessary. I. Pipeline river or stream crossings shall be buried in the streambed and banks or otherwise sufficiently protected to prevent rupture due to channel degradation and meandering or due to the action of flood flows. 16-6-4-7: FLOODWAY FRINGE (OVERLAY) DISTRICT FF: 1. Permitted Uses All development within the Floodway Fringe District shall be permitted to the ex- tent that they are not prohibited by any other ordinance (or underlying zoning district) and provided they meet applicable performance standards of the Floodway Fringe District. 2. Performance Standards All development must be consistent with the need to minimize flood damage and meet the following applicable performance standards. Until a regulatory floodway is designated, no development may increase the Base Flood Elevation more than one (1) foot. The applicant will be responsible for providing the Department of Natural Re- sources with sufficient technical information to make such determination. A. All development shall: 1) Be designed and adequately an- chored to prevent flotation, collapse, or lateral movement. 2) Use construction methods and practices that will minimize flood dam- age. 3) Use construction materials and utility equipment that are resistant to flood damage. B. Residential structures - All new or substantially improved residential struc- tures shall have the lowest floor, including basement, elevated a minimum of one (1) foot above the base flood elevation. Con- struction shall be upon compacted fill which shall, at all points, be no lower than 1.0 ft. above the base flood elevation and extend at such elevation at least 18 feet beyond the limits of any structure erected thereon. Alternate methods of elevating (such as piers or extended foundations) may be allowed where existing topogra- phy, street grades, or other factors pre- clude elevating by fill. In such cases, the methods used must be adequate to sup- port the structure as well as withstand the various forces and hazards associated with flooding. All new residential struc- tures located in areas that would become isolated due to flooding of surrounding ground shall be provided with a means of access that will be passable by wheeled vehicles during the base flood. However, this criterion shall not apply where the Ad- ministrator determines there is sufficient flood warning time for the protection of life and property. When estimating flood warning time, consideration shall be given to the criteria listed in 567-75.2(3), Iowa Administrative Code. C. Non-residential structures - All new or substantially improved non-residential structures shall have the lowest floor (in- cluding basement) elevated a minimum of one (1) foot above the base flood eleva- tion, or together with attendant utility and sanitary systems, be floodproofed to such a level. When floodproofing is utilized, a Book 151 Regular Session, June 21, 2021 263 professional engineer registered in the State of Iowa shall certify that the flood - proofing methods used are adequate to withstand the flood depths, pressures, ve- locities, impact and uplift forces and other factors associated with the base flood; and that the structure, below the base flood elevation is watertight with walls substantially impermeable to the passage of water. A record of the certification indi- cating the specific elevation (in relation to North American Vertical Datum 1988) to which any structures are floodproofed shall be maintained by the Administrator. D. All new and substantially improved structures 1) Fully enclosed areas below the "lowest floor" (not including base- ments) that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered profes- sional engineer or meet or exceed the following minimum criteria: a. A minimum of two (2) open- ings, with positioning on at least two (2) walls, having a total net area of not less than one square inch for every square foot of en- closed area subject to flooding shall be provided. b. The bottom of all openings shall be no higher than one -foot above grade. c. Openings may be equipped with screens, louvers, valves, or other coverings or devices pro- vided they permit the automatic entry and exit of floodwaters. Such areas shall be used solely for parking of vehicles, building ac- cess and low damage potential storage. 2) New and substantially improved structures must be designed (or modi- fied) and adequately anchored to pre- vent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoy- ancy. 3) New and substantially improved structures shall be constructed with electrical, heating, ventilation, plumb- ing, air conditioning equipment and other service facilities (including duct- work) elevated to a minimum of one (1) foot above the base flood eleva- tion. E. Factory -built homes 1) All new and substantially im- proved factory -built homes, including those placed in existing factory -built home parks or subdivisions, shall be elevated on a permanent foundation such that the lowest floor of the struc- ture is a minimum of one (1) foot above the base flood elevation. 2) All new and substantially im- proved factory -built homes, including those placed in existing factory -built home parks or subdivisions, shall be anchored to resist floatation, collapse, or lateral movement. Anchorage sys- tems may include, but are not limited to, use of over -the -top or frame ties to ground anchors as required by the State Building Code. F. Utility and Sanitary Systems 1) On -site wastewater disposal and water supply systems shall be located or designed to avoid impairment to the system or contamination from the sys- tem during flooding. 2) All new and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system as well as the discharge of effluent into flood wa- ters. Wastewater treatment facilities (other than on -site systems) shall be provided with a level of flood protec- tion equal to or greater than one (1) foot above the base flood elevation. 3) New or replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system. Water supply treat- ment facilities (other than on -site sys- tems) shall be provided with a level of protection equal to or greater than one (1) foot above the base flood eleva- tion. 4) Utilities such as gas or electrical systems shall be located and con- structed to minimize or eliminate flood damage to the system and the risk as- sociated with such flood damaged or impaired systems. G. Storage of materials and equipment that are flammable, explosive or injurious to human, animal or plant life is prohibited unless elevated a minimum of one (1) foot above the base flood elevation. Other ma- terial and equipment must either be simi- larly elevated or (i) not be subject to major flood damage and be anchored to prevent movement due to flood waters or (ii) be readily removable from the area within the time available after flood warning. H. Flood control structural works such as levees, flood walls, etc. shall provide, at a minimum, protection from the base 264 Regular Session, June 21, 2021 Book 151 flood with a minimum of 3 ft. of design freeboard and shall provide for adequate interior drainage. In addition, the Depart- ment of Natural Resources shall approve structural flood control works. I. Watercourse alterations or relocations must be designed to maintain the flood carrying capacity within the altered or re- located portion. In addition, the Depart- ment of Natural Resources must approve such alterations or relocations. J. Subdivisions (including factory -built home parks and subdivisions) shall be consistent with the need to minimize flood damages and shall have adequate drain- age provided to reduce exposure to flood damage. Development associated with subdivision proposals (including the in- stallation of public utilities) shall meet the applicable performance standards of Sec- tion 16-6-4. Subdivision proposals in- tended for residential use shall provide all Lots with a means of access which will be passable by wheeled vehicles during the base flood. Proposals for subdivisions greater than five (5) acres or fifty (50) Lots (whichever is less) shall include base flood elevation data for those areas lo- cated within the Floodway Fringe (Over- lay) District. K. Accessory Structures to Residential Uses 1) Detached garages, sheds, and similar structures that are incidental to a residential use are exempt from the base flood elevation requirements where the following criteria are satis- fied: a. The structure shall be de- signed to have low flood damage potential. Its size shall not exceed 600 sq. ft. in size. Those portions of the structure located less than 1 foot above the base flood elevation must be constructed of flood -re- sistant materials. b. The structure shall be used solely for low flood damage poten- tial purposes such as vehicle park- ing and limited storage. The struc- ture shall not be used for human habitation. c. The structure shall be con- structed and placed on the building site so as to offer minimum re- sistance to the flow of floodwaters. d. The structure shall be firmly anchored to prevent flotation, col- lapse, and lateral movement which may result in damage to other structures. e. The structure's service facili- ties such as electrical and heating equipment shall be elevated or floodproofed to at least one foot above the base flood elevation. f. The structure's walls shall in- clude openings that satisfy the pro- visions of Section 16-6-4- 7(2)(D)(1) of Title 16 Unified De- velopment Code. 2) Exemption from the base flood el- evation requirements for such a struc- ture may result in increased premium rates for flood insurance coverage of the structure and its contents. L. Recreational Vehicles 1) Recreational vehicles are exempt from the requirements of Section 16- 6-4-7(2)(E) of Title 16 Unified Devel- opment Code regarding anchoring and elevation of factory -built homes when the following criteria are satis- fied: a. The recreational vehicle shall be located on the site for less than 180 consecutive days, and, b. The recreational vehicle must be fully licensed and ready for highway use. A recreational vehi- cle is ready for highway use if it is on its wheels or jacking system and is attached to the site only by quick disconnect type utilities and security devices and has no per- manently attached additions. 2) Recreational vehicles that are lo- cated on the site for more than 180 consecutive days or are not ready for highway use must satisfy require- ments of Section 16-6-4-7(2)(E) of Ti- tle 16 Unified Development Code re- garding anchoring and elevation of factory -built homes. M. Pipeline river and stream crossings shall be buried in the streambed and banks, or otherwise sufficiently protected to prevent rupture due to channel degra- dation and meandering. N. Maximum Damage Potential Devel- opment - All new or substantially improved maximum damage potential development shall have the lowest floor (including basement) elevated a minimum of one (1) foot above the elevation of the 500-year flood, or together with attendant utility and sanitary systems, be floodproofed to such a level. When floodproofing is utilized, a professional engineer registered in the State of Iowa shall certify that the flood - proofing methods used are adequate to withstand the flood depths, pressures, ve- locities, impact and uplift forces and other factors associated with the 0.2% annual chance flood; and that the structure, be- Book 151 Regular Session, June 21, 2021 265 low the 0.2% annual chance flood eleva- tion is watertight with walls substantially impermeable to the passage of water. A record of the certification indicating the specific elevation (in relation to North American Vertical Datum 1988) to which any structures are floodproofed shall be maintained by the Administrator. Where 0.2% chance flood elevation data has not been provided in the Flood Insurance Study, the Iowa Department of Natural Resources shall be contacted to compute such data. The applicant will be responsi- ble for providing the Department of Natu- ral Resources with sufficient technical in- formation to make such determinations. 16-6-4-8: GENERAL FLOODPLAIN (OVER- LAY) DISTRICT (GF): 1. Permitted Uses A. All development within the General Floodplain District shall be permitted to the extent that they are not prohibited by any other ordinance (or underlying zoning district) and provided they meet the appli- cable performance standards of the Gen- eral Floodplain District. B. Any development which involves placement of structures, factory -built homes, fill or other obstructions, storage of materials or equipment, excavation or alteration of a watercourse shall be re- viewed by the Department of Natural Re- sources to determine (i) whether the land involved is either wholly or partly within the floodway or floodway fringe and (ii) the base flood elevation. The applicant shall be responsible for providing the Depart- ment of Natural Resources with sufficient technical information to make the determi- nation. C. Review by the Iowa Department of Natural Resources is not required for the proposed construction of new or replace- ment bridges or culverts where: 1) The bridge or culvert is located on a stream that drains less than two (2) square miles, and 2) The bridge or culvert is not as- sociated with a channel modification that constitutes a channel change as specified in 567-71.2(2), Iowa Ad- ministrative Code. 2. Performance Standards A. All development, or portions thereof, to be located in the floodway as deter- mined by the Department of Natural Re- sources shall meet the applicable provi- sions and standards of the Floodway (Overlay) District Section 16-6-4-6. B. All development, or portions thereof, to be located in the floodway fringe as de- termined by the Department of Natural Resources shall meet the applicable pro- visions and standards of the Floodway Fringe (Overlay) District Section 16-6-4-7. 16-6-4-9: APPOINTMENT AND DUTIES OF BOARD OF ADJUSTMENT: 1. Appointment and Duties of Board of Ad- justment - A Board of Adjustment is hereby established which shall hear and decide (i) appeals and (ii) requests for variances to the provisions of Section 16-6-4 and shall take any other action which is required of the Board. 2. Appeals - Where it is alleged there is any error in any order, requirement, deci- sion, or determination made by an adminis- trative official in the enforcement of Section 16-6-4, the aggrieved party may appeal such action. The notice of appeal shall be filed with the Board of Adjustment and with the official from whom the appeal is taken and shall set forth the specific reason for the appeal. The official from whom the appeal is taken shall transmit to the Board of Adjust- ment all the documents constituting the rec- ord upon which the action appealed from was taken. 3. Variance - The Board of Adjustment may authorize upon request in specific cases such variances from the terms of Section 16-6-4 that will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the pro- visions of Section 16-6-4 will result in un- necessary hardship. Variances granted must meet the following applicable stand- ards: A. Variances shall only be granted upon: (i) a showing of good and sufficient cause, (ii) a determination that failure to grant the variance would result in exceptional hard- ship to the applicant, and (iii) a determina- tion that the granting of the variance will not result in increased flood heights, addi- tional threats to public safety, extraordi- nary public expense, create nuisances, cause fraud on or victimization of the pub- lic or conflict with existing local codes or ordinances. B. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood would result. Consideration of the effects of any development on flood levels shall be based upon the assumption that an equal degree of development would be allowed for similarly situated lands. C. Variances shall only be granted upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. D. In cases where the variance involves a lower level of flood protection for struc- tures than what is ordinarily required by 266 Regular Session, June 21, 2021 Book 151 Section 16-6-4, the applicant shall be no- disease, contamination, and un- tified in writing over the signature of the sanitary conditions. Administrator that: (i) the issuance of a d. The susceptibility of the pro - variance will result in increased premium posed facility and its contents to rates for flood insurance up to amounts as flood damage and the effect of high as $25 for $100 of insurance cover- such damage on the individual age and (ii) such construction increases owner. risks to life and property. e. The importance of the ser- E. All variances granted shall have the vices provided by the proposed fa - concurrence or approval of the Depart- cility to the City. ment of Natural Resources. f. The requirements of the facility 4. Hearings and Decisions of the Board of for a floodplain location. Adjustment g. The availability of alternative A. Hearings. Upon the filing with the locations not subject to flooding for Board of Adjustment of an Appeal or a re- the proposed use. quest for a Variance, the Board shall hold h. The compatibility of the pro - a public hearing. The Board shall fix a rea- posed use with existing develop- sonable time for the hearing and give pub- ment and development anticipated lic notice thereof, as well as due notice to in the foreseeable future. parties in interest. At the hearing, any i. The relationship of the pro - party may appear in person or by agent or posed use to the comprehensive attorney and present written or oral evi- plan and floodplain management dence. The Board may require the appel- program for the area. lant or applicant to provide such infor- j. The safety of access to the mation as is reasonably deemed neces- property in times of flood for ordi- sary and may request the technical assis- nary and emergency vehicles. tance and/or evaluation of a professional k. The expected heights, veloc- engineer or other expert person or ity, duration, rate of rise and sedi- agency, including the Department of Nat- ment transport of the flood water ural Resources. expected at the site. B. Decisions. The Board shall arrive at a I. The cost of providing govern - decision on an Appeal or Variance within mental services during and after a reasonable time. In passing upon an Ap- flood conditions, including mainte- peal, the Board may, so long as such ac- nance and repair of public utilities tion is in conformity with the provisions of (sewer, gas, electrical and water Section 16-6-4, reverse or affirm, wholly systems), facilities, streets, and or in part, or modify the order, require- bridges. ment, decision, or determination appealed m. Such other factors which are from, and it shall make its decision, in writ- relevant to the purpose of Section ing, setting forth the findings of fact and 16-6-4. the reasons for its decision. In granting a 2) Conditions Attached to Variances Variance, the Board shall consider such - Upon consideration of the factors factors as contained in this section and all listed above, the Board of Adjustment other relevant sections of Section 16-6-4 may attach such conditions to the and may prescribe such conditions as granting of variances as it deems nec- contained in Section 16-6-4-9(B)(2). essary to further the purpose of Sec- 1) Factors Upon Which the Decision tion 16-6-4. Such conditions may in - of the Board of Adjustment Shall be clude, but not necessarily be limited Based. In passing upon applications to: for Variances, the Board shall con- a. Modification of waste disposal sider all relevant factors specified in and water supply facilities. other sections of Section 16-6-4 and: b. Limitation of periods of use a. The danger to life and property and operation. due to increased flood heights or c. Imposition of operational con - velocities caused by encroach- trols, sureties, and deed re- ments. strictions. b. The danger that materials may d. Requirements for construction be swept on to other land or down- of channel modifications, dikes, stream to the injury of others. levees, and other protective c. The proposed water supply measures, provided such are ap- and sanitation systems and the proved by the Department of Nat - ability of these systems to prevent ural Resources and are deemed the only practical alternative to Book 151 Regular Session, June 21, 2021 267 achieving the purpose of Section 16-6-4. e. Floodproofing measures shall be designed consistent with the flood protection elevation for the particular area, flood velocities, duration, rate of rise, hydrostatic and hydrodynamic forces, and other factors associated with the regulatory flood. The Board of Ad- justment shall require that the ap- plicant submit a plan or document certified by a registered profes- sional engineer that the floodproof- ing measures are consistent with the regulatory flood protection ele- vation and associated flood factors for the particular area. 5. Appeals to the Court - Any person or persons, jointly or severally, aggrieved by any decision of the Board of Adjustment may present to a court of record a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within thirty days after the filing of the decision in the office of the Board. 16-6-4-10: NONCONFORMING USES: 1. A structure or the use of a structure or premises which was lawful before the pas- sage or amendment of Section 16-6-4, but which is not in conformity with the provisions of Section 16-6-4, may be continued subject to the following conditions: A. If such use is discontinued for six (6) consecutive months, any future use of the building premises shall conform to Section 16-6-4. B. Uses or adjuncts thereof that are or become nuisances shall not be entitled to continue as nonconforming uses. C. If any nonconforming use or structure is destroyed by any means, including flood, it shall not be reconstructed if the cost is more than fifty (50) percent of the market value of the structure before the damage occurred, unless it is recon- structed in conformity with the provisions of Section 16-6-4. This limitation does not include the cost of any alteration to com- ply with existing state or local health, san- itary, building or safety codes or regula- tions or the cost of any alteration of a structure listed on the National Register of Historic Places, provided that the altera- tion shall not preclude its continued desig- nation. 2. Except as provided in Section 16-6-4- 10(1)(B), any use which has been permitted as a Variance shall be considered a con- forming use. 16-6-4-11: PENALTIES FOR VIOLATION: Violations of the provisions of Unified Devel- opment Code Section 16-6-4 or failure to com- ply with any of the requirements (including vio- lations of conditions and safeguards estab- lished in connection with grants of Variances) shall constitute a misdemeanor. Any person who violates Section 16-6-4 or fails to comply with any of its requirements shall upon convic- tion thereof be fined not more than $500.00 (FIVE HUNDRED DOLLARS) or imprisoned for not more than 30 (THIRTY) days. Each day such violation continues shall be considered a separate offense. Nothing herein contained prevent the City of Dubuque from taking such other lawful action as is necessary to prevent or remedy violation. 16-6-4-12: AMENDMENTS: The regulations and standards set forth in Unified Development Code Section 16-6-4 may from time to time be amended, supplemented, changed, or repealed. No amendment, supple- ment, change, or modification shall be under- taken without prior approval of the Department of Natural Resources. Section 2. The ordinance shall take effect on August 10, 2021. Passed, approved, and adopted this 21 sc day of June 2021. /s/Danny C. Sprank, Mayor Pro Tern Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 16th day of July 2021. /s/Adrienne N. Breitfelder, City Clerk 2. Amending the Planned Residential (PR) zoning district to facilitate the construction of an Administration and Outreach addition - Quasi - Judicial Rezoning: Proof of publication on no- tice of public hearing to consider City Council approval to amend the Planned Residential (PR) zoning district located at 3485 Windsor Ave. to facilitate the construction of an Admin- istration and Outreach addition and Zoning Ad- visory Commission recommending approval. Motion by Cavanagh to receive and file the doc- uments and that the requirement that a pro- posed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be sus- pended. Seconded by Jones. Planning Ser- vices Manager Wally Wernimont provided a staff report. Motion carried 7-0. Motion by Cavanagh for final consideration and passage of Ordinance No. 25-21 Amending Title 16 of the City of Dubuque Code of Ordi- nances, Unified Development Code, rescinding Ordinance 36-19 and approving an amended Conceptual Development Plan for the Padre Pio Health Care Center and Assisi Village Planned Unit Development. Seconded by Far- ber. Motion carried 7-0. OFFICIAL PUBLICATION 268 Regular Session, June 21, 2021 Book 151 ORDINANCE NO. 25-21 AMENDING TITLE 16 OF THE CITY OF DUBUQUE. CODE OF ORDINANCES, UNI- FIED DEVELOPMENT CODE RESCINDING ORDINANCE 36-19 AND APPROVING AN AMENDED CONCEPTUAL DEVELOPMENT PLAN FOR THE PADRE PIO HEALTH CARE CENTER AND ASSISI VILLAGE PLANNED UNIT DEVELOPMENT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That title 16 of the City of Dubuque Code of Ordinance Unified development Code is hereby amended by resending ordinance number 36-19, and adopting a revised campus development plan for the Padre Pio Health Care Center and Assisi Village planned unit de- velopment, to wit: Lot 1 Padre Pio Subdivision No. 1, 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 restrictions: A. Use Regulations - The following regu- lations shall apply to all uses made of land in the above- described Planned Residen- tial District: 1. Principal permitted uses shall be lim- ited to the following: a. Nursing or convalescent homes. b. Residential care facilities. c. Multi -family dwellings limited to 53 congregate apartments and 25 cot- tages for independent living. d. Offices for administrative person- nel or other employees and affiliates. e. Off-street parking and loading. 2. Conditional use shall be regulated by Section 5-22.2 of the Unified Develop- ment Code. 3. Accessory uses shall be regulated by Section 5-22.3 of the Unified Develop- ment Code. B. Lot and Bulk Regulations - Develop- ment of land in the Planned Residential Dis- trict shall be regulated as follows: 1. That all previously approved campus development plans are hereby amended to allow for the attached development plan. C. Site Development Standards - The site development standards for this Planned Residential District shall be established as follows: 1. That the proposed access road from Sheridan Road shall be located in sub- stantial conformance with the conceptual development plan. 2. The 24-foot-wide private roadway serving the Assisi Village development shall have no on -street parking allowed. 3. Off -Street parking for the Assisi Vil- lage development shall be 5 space per congregate apartment unit and 2 spaces per cottage dwelling. 4. Sidewalks shall be provided within the Assisi Village development as depicted in the approved conceptual plan. 5. Site plans shall be submitted in com- pliance with Section 12 Site Plans of the Unified Development Code. 6. New outdoor lighting shall comply with Section 13-3.1 Site Lighting of the Unified Development Code. 7. That storm water from new facilities shall comply with Section 13-3.3 Storm Water Management of the Unified Devel- opment Code. 8. Landscaping and screening require- ments shall be established in accordance with the requirements of Section 13-4.4 of the Unified Development Code. 9. Trash enclosures shall comply with Section 13-4.9 Exterior Trash Collection Areas of the Unified Development Code. D. Sign Regulations - The sign regulations for the Padre Pio Health Center shall be in accordance with the ID District in Section 15-11.13 of the Unified Development Code of the City of Dubuque, Iowa. 1. The sign regulations for the Assisi Vil- lage Development shall be in accordance with the R-4 Multi -Family Residential Dis- trict in Section 15-11.1 of the Unified De- velopment Code. E. Parking Standards - The off-street parking requirement for the principal permit- ted uses for the herein described Planned Residential District shall be regulated as fol- lows: 1. That new off-street parking spaces shall be designed and constructed in com- pliance with Section 13-3.5 Parking Lot Layout of the Unified Development Code. 2. Any significant expansion or reduc- tion in the number of off-street parking spaces must be reviewed by Planning Services staff for compliance with the adopted Padre Pio Health Center/Assisi Village Planned Residential District. F. Ordinance History 1. 66-95: Rezoned Stonehill Care Cen- ter property from R-4 Multi -Family Resi- dential District to ID Institutional District. 2. 25-97: Amended existing Planned Unit Development District to allow the de- velopment of the Assisi Village. 3. 45-11: Amend Institutional District to allow construction of 4-story nursing addi- tion and a single -story therapy addition. 4. 36-16: Amend Institutional District by rezoning 3160 Sheridan Road from - R-1 Book 151 Regular Session, June 21, 2021 269 Single Family District to Institutional Dis- trict and allow construction of a new ac- cess drive to Sheridan Road. 5. 36-19: Amend the Institutional District rescinding Ordinances 66-95, 25-97, 45- 11 and 36-16 and approving an amended conceptual development plan for the Pa- dre Pio Health Care Center and Assisi Vil- lage, rezone the existing Institutional Dis- trict to Planned Unit Development, and re- zone property along Sheridan Road from R-1 to Planned Unit Development G. Transfer of Ownership - Transfer of ownership or lease of property in this Planned Residential District shall include the transfer or lease agreement, the provi- sion that the purchaser or leasee acknowl- edges awareness of the conditionals au- thorizing the establishment of this district. H. Modifications - Any modifications of this Ordinance must be approved by the City council in accordance with zoning reclassi- fication proceedings of Section 9-5 of the Unified Development Code. Section 3. The foregoing amendment has heretofore been reviewed by the Zoning Advi- sory Commission of the City of Dubuque, Iowa. Section 4. This Ordinance shall take effect immediately upon publication, as provided by law. Passed, approved, and adopted this 21 st day of June 2021. /s/Danny C. Sprank, Mayor Pro Tern Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 25t" day of June 2021. /s/Adrienne N. Breitfelder, City Clerk 3. Jule Public Hearing Iowa Department of Transportation's Consolidated Funding Appli- cation: Proof of publication on notice of public hearing to consider City Council approval of the annual Consolidated Funding Application as submitted to the Iowa Department of Transpor- tation, and approval of signature on the Certifi- cate of Cost Allocation Plan and Authorizing Resolution, and City Manager recommending approval. Motion by Roussell to receive and file the documents and adopt Resolution No. 214- 21 Authorizing Resolution: Approval of Consol- idated Funding Application to Iowa DOT. Se- conded by Resnick. Motion carried 7-0. RESOLUTION NO. 214-21 AUTHORIZING RESOLUTION - APPROVAL OF CONSOLIDATED FUNDING APPLICA- TION TO IOWA DOT Whereas, the City of Dubuque provides fixed -route and paratransit services for the citi- zens of Dubuque; and Whereas, the Iowa Department of Trans- portation (IDOT) is a pass -through funding en- tity for federal capital and operating funds; and Whereas, the City has historically applied through the IDOT for these funds; and Whereas, the City Council finds that the ap- plying for the funds to be beneficial to the con- tinued provision of transit service for the citi- zens of Dubuque. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa hereby endorses the attached application to the Iowa Department of Transpor- tation, which includes a City match. Section 2. The Iowa Department of Trans- portation application will include requests and mandatory certifications by the City of Dubuque as follows: From the State Transit Assistance Program: 2.02% of formula funds, Total: $327,654, From federal funds for transit in non -urbanized areas and/or for transit serving primarily elderly persons and per- sons with disabilities: $61,397, We under- stand acceptance of federal transit assis- tance involves an agreement to comply with certain labor protection provisions. We certify that the City of Dubuque/The Jule has sufficient non-federal funds or sufficient in -kind match to provide re- quired local match for capital projects and at time of delivery will have the funds to operate and maintain vehicles and equip- ment purchased under this contract. We request that State Transit Assistance for- mula funding be advanced as allowed by law, to improve system cash flow. Section 3. That Russell Stecklein, Director of Transportation Services, is authorized to on behalf of the City Council, to apply for financial assistance and to enter into related contract(s) with the Iowa Department of Transportation. Passed, adopted, and approved this 21st day of June 2021. Danny C. Sprank, Mayor Pro Tern Attest: Adrienne N. Breitfelder, City Clerk 4. Public Hearing on the Issuance of Not to Exceed $3,800,000 Water Revenue Refunding Bonds, Series 2021C: Proof of publication on notice of public hearing to consider City Council approval of the suggested proceedings for the public hearing on the issuance of not to exceed $3,800,000 in Water Revenue Refunding Bonds, Series 2021C, and City Manager rec- ommending approval. Motion by Cavanagh to receive and file the documents and adopt Res- olution No. 215-21 Instituting proceedings to take additional action for the issuance of not to exceed $3,800,000 Water Revenue Refunding Bonds. Seconded by Roussell. Responding to a question from the City Council, City Manager Van Milligen stated that Moody's upgrade is un- 270 Regular Session, June 21, 2021 Book 151 surprising based on the City Council being stra- tegic with City funds. Motion carried 7-0. RESOLUTION NO. 215-21 INSTITUTING PROCEEDINGS TO TAKE AD- DITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $3,800,000 WATER REVE- NUE REFUNDING 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 $3,800,000 Water Revenue Refund- ing Bonds, in order to provide funds to pay the costs of refunding outstanding revenue obliga- tions of the City, including Water Revenue Bonds, Series 2010D dated September 21, 2010, and Water Revenue Bonds, Series 2008D dated November 4, 2008, and has con- sidered the extent of objections received from residents or property owners as to the proposed issuance of Bonds; and accordingly the follow- ing 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 in- stitute proceedings and take additional action for the authorization and the issuance in the manner required by law of not to exceed $3,800,000 Water Revenue Refunding Bonds, for the foregoing purposes. Passed and approved this 215' day of June 2021. Danny C. Sprank, Mayor Pro Tern Attest: Adrienne N. Breitfelder, City Clerk 5. Grant of Easement to Ehrlich Properties, LLC: Proof of publication on notice of public hearing to consider City Council approval of the Grant of Retaining Wall Easement to Ehrlich Properties, LLC for a private retaining wall over City owned right-of-way property on Helen Ridge Court in North Grandview Estates No. 2 as part of the North Grandview Estates devel- opment project, and City Manager recommend- ing approval. Motion by Farber to receive and file the documents and adopt Resolution No. 216-21 Disposing of city interest by Grant of Re- taining Wall Easement to Ehrlich Properties, LLC across part of the Helen Ridge Court right of way in North Grandview Estates No. 2, City of Dubuque, Iowa; and Resolution No. 217-21 Granting a Retaining Wall Easement to Ehrlich Properties, LLC across part of the Helen Ridge Court right of way in North Grandview Estates No. 2, City of Dubuque, Iowa. Seconded by Resnick. Motion carried 7-0. RESOLUTION NO. 216-21 DISPOSING OF CITY INTEREST BY GRANT OF RETAINING WALL EASEMENT TO EHR- LICH PROPERTIES, LLC ACROSS PART OF THE HELEN RIDGE COURT RIGHT OF WAY IN NORTH GRANDVIEW ESTATES NO. 2, Book 151 Regular Session, June 21, 2021 271 CITY OF DUBUQUE, IOWA Whereas, pursuant to resolution and pub- lished notice of time and place of hearing, pub- lished in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on the 11th day of June, 2021, the City Council of the City of Dubuque, Iowa met on this 21st day of June, 2021, at 6:30 p.m. in the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa, to consider the proposal for the granting of easement across City owned property described as: Part of the Helen Ridge Court right of way in North Grandview Estates No. 2, 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 Retaining Wall Easement to Ehrlich Properties, LLC across part of the Helen Ridge Court right of way in North Grandview Estates No. 2, City of Dubu- que, Iowa, be and the same is hereby ap- proved. Section 2. That the Mayor be authorized and directed to execute the Grant of Retaining Wall Easement and the City Clerk be and is hereby authorized and directed to deliver said Grant of Easement to Ehrlich Properties, LLC Section 3. That the City Clerk be and is hereby authorized and directed to record a cer- tified copy of this Grant of Retaining Wall Ease- ment in the office of the Dubuque County Re- corder. Passed, approved, and adopted this 21 st day of June 2021. Danny C. Sprank, Mayor Pro Tern Attest: Adrienne N. Breitfelder, City Clerk RESOLUTION NO. 217-21 GRANTING A RETAINING WALL EASE- MENT TO EHRLICH PROPERTIES, LLC ACROSS PART OF THE HELEN RIDGE COURT RIGHT OF WAY IN NORTH GRANDVIEW ESTATES NO. 2, CITY OF DUBUQUE, IOWA Whereas, Ehrlich Properties, LLC has re- quested a "Grant of Retaining Wall Easement' across part of the Helen Ridge Court right of way in North Grandview Estates No. 2, City of Dubuque, Iowa, for a private retaining wall; and Whereas, Buesing and Associates Inc. has prepared and submitted to the City Council an exhibit showing the easement area for the pro- posed private retaining wall across part of the Helen Ridge Court right of way in North Grandview Estates No. 2, City of Dubuque, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa, has determined that the portion of Part of the Helen Ridge Court right of way in North Grandview Estates No. 2, City of Dubu- que, Iowa, can be utilized for the for a private retaining wall, as shown on the Exhibit A, in the City of Dubuque, Iowa, and should be ap- proved. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Grant of Retaining Wall Easement to Ehrlich Properties, LLC be and the same is hereby approved. Passed, approved, and adopted this 21 st day of June 2021. Danny C. Sprank, Mayor Pro Tern Attest: Adrienne N. Breitfelder, City Clerk 6. Corps of Engineers Acceptance of Con- sent to Easement Structures: Proof of publica- tion on notice of public hearing to consider City Council approval of the Corps of Engineers Ac- ceptance of Consent to Easement Structures, and City Manager recommending approval. Motion by Resnick to receive and file the docu- ments and adopt Resolution No. 218-21 Dis- posing of an Interest in Real Estate through Agreement with the Army Corps of Engineers. Seconded by Roussell. Motion carried 7-0. RESOLUTION NO. 218-21 DISPOSING OF AN INTEREST IN REAL ES- TATE THROUGH AGREEMENT WITH THE ARMY CORPS OF ENGINEERS Whereas, the City Council, by Resolution No. 185-21, dated June 7, 2021, declared its in- tent to dispose of City interest in real property; and Whereas, pursuant to published notice, a public hearing was held on the proposed dispo- sition on June 21, 2021, at 6:30 p.m. and con- ducted virtually, at which meeting the City Council proposes to take action on the Ac- ceptance of Consent to Easement Structures between the City and the United States govern- ment; and Whereas, Dubuque has a flood control sys- tem along the Mississippi River, and Whereas, the United States has acquired a perpetual flowage easement over Tract Nos. FIA-117, Mississippi River Project, Pool 12, and which was recorded in Record Book 114, Pages 1-21, in the records in Dubuque, Iowa, and Whereas, the United States has been re- quested to give consent for the installation, op- eration, and maintenance to repair an existing concrete floodwall that is part of the Dubuque, Iowa Flood Risk Management Project, and Whereas, the City of Dubuque is required to enter into an Acceptance of Consent to Ease- ment Structures; and 272 Regular Session, June 21, 2021 Book 151 Whereas, the City Council finds that it is in the best interest of the City to approve the Ac- ceptance of Consent to Easement Structures. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council approves the Acceptance of Consent to Easement Structures with the Corps of Engineers. Section 2. The Mayor is hereby authorized and directed to sign the agreement. Passed, adopted, and approved this 21 st day of June 2021. Danny C. Sprank, Mayor Pro Tern Attest: Adrienne N. Breitfelder, City Clerk PUBLIC INPUT Due to the COVID-19 pandemic and man- dates for social distancing, public input was made available through GoToMeeting chat function, and City Council and City Clerk email accounts. Staff stated that no online public input was received. ACTION ITEMS 1. John F. Kennedy Road Sidewalk Installa- tion Project 2021 (CIP 3002773): City Manager recommended City Council recission of Reso- lution Nos. 187-21, 188-21, 189-21 and 190-21, resulting in the cancellation of the current public bidding process for the John F. Kennedy Road Sidewalk Installation Project, and approving City staff to apply for a $190,000 Transportation Alternatives Program (TAP) grant through the Dubuque Metropolitan Area Transportation Study (DMATS). Motion by Roussell to receive and file the documents and adopt Resolution No. 219-21 Rescinding Resolution Nos. 187- 21, 188-21, 189-21, 190-21; and Resolution No. 220-21 Authorizing the City's Grant Application to the Transportation Alternatives Program for the John F. Kennedy Sidewalks Installation Project and assurance that the improvements will be maintained following completion of the project. Seconded by Jones. City Council thanked city staff for their work and expressed support for applying for the TAP grant. Re- sponding to a question from the City Council, City Manager Van Milligen stated that obtaining the TAP grant will cover the entire cost of the retaining wall, therefore decreasing the resi- dents' assessments. City Manager Van Milligen stated that city staff will bring the final cost cal- culations to City Council once confirmed. Mo- tion carried 7-0. RESOLUTION NO. 219-21 RESCINDING RESOLUTION NOS. 187-21, 188-21, 189-21, 190-21 Whereas, on 7th day of June 2021, the City Council of the City of Dubuque, Iowa adopted Resolution No. 187-21 for approving the Prelim- inary Plans and Specifications, Resolution 188- 21 for approving the Preliminary Plats and Schedule of Assessments, Resolution 189-21 for approving the Resolution of Necessity and Resolution 190-21 for approving Fixing the Date for the Public Hearing all for the John F. Kennedy Sidewalk Installation Project; and Whereas, City staff became aware of a fed- eral Transportation Alternative Program (TAP) that can assist with funding for the John F. Ken- nedy Sidewalk Installation Project; and Whereas, the current project development process must stop and follow the federal aid process to utilize the funding. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA: Section 1. Resolution Nos. 187-21, 188-21, 189-21, 190-21 are hereby rescinded. Passed, approved, and adopted this 21 st day of June 2021. Danny C. Sprank, Mayor Pro Tern Attest: Adrienne N. Breitfelder, City Clerk RESOLUTION NO. 220-21 AUTHORIZING THE CITY'S GRANT APPLI- CATION TO THE TRANSPORTATION AL- TERNATIVES PROGRAM FOR THE JOHN F. KENNEDY SIDEWALKS INSTALLATION PROJECT AND ASSURANCE THAT THE IM- PROVEMENTS WILL BE MAINTAINED FOL- LOWING COMPLETION OF THE PROJECT Whereas, the Iowa Department of Trans- portation (IDOT) has grant funds available in the Transportation Alternatives (TAP) Program to fund alternative transportation; and Whereas, the John F. Kennedy Road corri- dor is part of the Dubuque Metropolitan Area Transportation Study (DMATS) 2045 Long Range Transportation Plan; and Whereas, the City of Dubuque has allocated city funds to match the requested TAP grant funds for construction of the John F. Kennedy Road Sidewalks Installation Project; and Whereas, the IDOT requires the City of Dubuque's official endorsement of the project and the City's stated commitment to maintain the improvements for the intended public use for a minimum of twenty (20) years following project completion. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The Mayor is authorized to sign and submit an application for TAP Program Funds to the IDOT for the John F. Kennedy Road Sidewalk Installation Project. Section 2. That the City Council hereby pro- vides its written assurance that the John F. Ken- nedy Road Sidewalk Installation Project will be adequately maintained for its intended public use for a minimum of twenty (20) years follow- ing completion of the project. Book 151 Regular Session, June 21, 2021 273 Passed, adopted, and approved this 21 s' day of June 2021. Danny C. Sprank, Mayor Pro Tern Attest: Adrienne N. Breitfelder, City Clerk 2. City Council Salary Compensation Task Force Recommendation: City Council Compen- sation Task Force submitted its recommenda- tion for Mayor and City Council Member sala- ries effective January 1, 2022. Motion by Res- nick to receive and file the documents and refer to the City Council. Seconded by Cavanagh. City Council expressed support for the salary increases due to the number of hours involved in City Council service and to eliminate barriers to serving. The City Council also expressed support for the process and thanked the City Council Compensation Task Force for their time and efforts. Responding to a question from the City Council, City Attorney Brumwell stated that this compensation process occurs every time the majority of City Council members are up for election. Responding to a question from the City Council, City Manager Van Milligen stated the proposed salary increase will have minimal impact on the city's budget. Per suggestion from City Clerk Breitfelder, Council Member Resnick amended the motion to receive and file the information, concur with the recommenda- tion, and direct city staff to present an ordinance reflecting the compensation changes. Se- conded by Cavanagh. Motion carried 7-0. 3. Code of Conduct: City Attorney recom- mended the City Council pass a resolution adopting the Code of Conduct. Motion by Sprank to receive and file the documents and adopt resolution No. 221-21 Adopting a City Council Code of Conduct. Seconded by Jones. City Council expressed support for the guide and stated that the guide was one of City Coun- cil's goals. Motion carried 7-0. RESOLUTION NO. 221-21 ADOPTING A CITY COUNCIL CODE OF CONDUCT Whereas, the City Council made adopting a Code of Conduct for the Mayor and City Council a high priority during its 2020 Goal Setting Ses- sion; and Whereas, the City Council has been in- volved in development and review of the at- tached Code of Conduct; and Whereas, the City Council believes it is in the best interest of the City of Dubuque and the City Council to have a formal set of rules guid- ing the City Council in its actions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council hereby adopts the attached Code of Conduct. Section 2. The Code of Conduct is effective immediately. Passed, approved, and adopted this 21 s' day of June 2021. Danny C. Sprank, Mayor Pro Tern Attest: Adrienne N. Breitfelder, City Clerk 4. Contracted Services Agreement - Travel Dubuque/Dubuque Area Convention and Visi- tors Bureau: City Manager recommended ap- proval of the Contracted Services Agreement with the Travel Dubuque/Dubuque Area Con- vention and Visitors Bureau for the City's finan- cial support for FY22. Motion by Jones to re- ceive and file the documents and approve the agreement. Seconded by Cavanagh. Motion carried 7-0. 5. Amending City Ordinance 9-7-321.285 (C) Speed Limit Reduction — Seippel Road from U.S. Highway 20 to Old Highway Road: City Manager recommended an amendment to City Ordinance 9-7-321.285 (C) that reduces the speed limit from 45 mph to 35 mph on Seippel Road from U.S. Highway 20 to Old Highway Road. Motion by Cavanagh to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be sus- pended. Seconded by Roussell. Motion carried 7-0. Motion by Cavanagh for final consideration and passage of Ordinance No. 26-21 Amending City of Dubuque Code of Ordinances Title 9 Mo- tor Vehicles and Traffic, Chapter 7 Operation, Division 5 Speed Restrictions, Section 9-7- 321.285 Limits Generally by amending the speed limit for a portion of Seippel Road from 45 M.P.H. to 35 M.P.H. Seconded by Roussell. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 26-21 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 9 MOTOR VEHICLES AND TRAFFIC, CHAPTER 7 OPERATION, DI- VISION 5 SPEED RESTRICTIONS, SECTION 9-7-321.285 LIMITS GENERALLY BY AMENDING THE SPEED LIMIT FOR A POR- TION OF SEIPPEL ROAD FROM 45 M.P.H. TO 35 M.P.H. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. Section 9-7-321.285 of the City of Dubuque Code of Ordinances is hereby amended as follows: 9-7-321.285: LIMITS GENERALLY: C. When signs are erected giving notice thereof, the following shall be the lawful speed on the streets or portions thereof designated herein: 274 Regular Session, June 21, 2021 Book 151 Thirty-five (35) miles per hour: • Airport Road, from U.S. Highway 61 to a point two thousand three hundred feet (2,300') west of U.S. Highway 61. • Asbury Road, from a point five hun- dred feet (500') west of St. John's Drive to city limits. • Carter Road, from Kane Street to West 32"d Street. • Cedar Cross Road, Fremont Street to a point eight hundred feet (800') east of Ace Avenue. • Dodge Street (U.S. Highway 20), from Locust Street to a point one thousand five hundred thirty feet (1,530') east of Locust Street. • Dodge Street (U.S. Highway 20), Lo- cust Street to a point one thousand one hundred feet (1,100') west of Lo- cust Street. • Grandview Avenue, Balboa Street to 32"d Street. • Grandview Avenue, from a point ap- proximately four hundred feet (400') north of Ungs Street to Kaufman Ave- nue. • John F. Kennedy Road, Dodge Street (U.S. Highway 20) to Sunset Park Cir- cle. • Kerper Boulevard, 11th Street to Haw- thorne Street. • Pennsylvania Avenue, John F. Ken- nedy Road to westerly city limits. • Peru Road, Sheridan Road to Roose- velt Road (Valley Road). • Radford Road, from Chavenelle Road to the northerly city limits. • Roosevelt Road (Valley Road and Pebman Road), Peru Road to a point five hundred feet (500') north of Ame- lia Drive. • Seippel Road, U.S. Highway 20 to the northerly city limits. • University Avenue, Prysi Street to John F. Kennedy Road. • Wacker Drive, Dodge Street (U.S. Highway 20) to John F. Kennedy Road. • 16th Street, East, Kerper Boulevard to Sycamore Street. • 32" d Street, West, Grandview Avenue to Highland Park. Forty-five (45) miles per hour: • Dodge Street (U.S. Highway 20), from a point one thousand five hundred thirty feet (1,530') east of Locust Street to the easterly city limits on the Julien Dubuque bridge. • Dodge Street (U.S. Highway 20), from a point one thousand one hundred feet (1,100') west of Locust Street to a point five hundred feet (500') east of Crescent Ridge Road. • Locust Street ramps to U.S. 52/61/151, from Locust Street to U.S. 52/61 /151. • Northwest Arterial (IA 32), U.S. High- way 20 to U.S. Highway 52. • Peru Road, Roosevelt Road (Valley Road) to northerly city limits. • U.S. 61/151/52, from a point one hun- dred fifty feet (150') north of 5th Street to a point one thousand one hundred feet (1,100') south of the Julien Dubu- que bridge. Section 2. This Ordinance takes effect upon publication. Passed, approved, and adopted the 21 st day of June 2021 /s/Danny C. Sprank, Mayor Pro Tern Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 25th day of June 2021. /s/Adrienne N. Breitfelder, City Clerk 6. City Council Hybrid Meetings in Council Chambers: City Clerk transmitted information for City Council returning to Council Chambers for City Council meetings starting July 6, 2021. Motion by Cavanagh to receive and file the in- formation and refer to the City Council. Se- conded by Resnick. City Council collectively agreed that they should follow CDC guidance by not wearing masks in Council Chambers due to being vaccinated. After discussing the vari- ous options for public input, City Council agreed that members of the public can attend City Council meetings and remain in Council Cham- bers throughout the entire meeting unless Council Chambers reaches the maximum ca- pacity as determined by city staff. If Council Chambers reach capacity, then city staff may impose restrictions, such as only allowing peo- ple with business for the City Council in Council Chambers or requesting people exit Council Chambers at the conclusion of the item they are speaking about. Per suggestion from City Clerk Breitfelder, Council Member Cavanagh amended his motion to receive and file the doc- uments and approve the recommendations while incorporating the updates discussed by the City Council. Seconded by Resnick. Motion carried 7-0. 7. Request for Work Session: Black Hills Energy Project Updates: Black Hills Energy re- quested the City Council schedule a work ses- sion for Monday, August 16, 2021, at 5:30 p.m. to receive updates on recent projects and po- tential partnerships that support the City's cli- mate action goals. Motion by Resnick to receive Book 151 Regular Session, June 21, 2021 275 and file the documents and schedule the work session as recommended. Seconded by Far- ber. No schedule conflicts were expressed. Mo- tion carried 7-0. COUNCIL MEMBER REPORTS Council Member Farber reported on attend- ing a Sister City Committee meeting and the committee's plans to host a photo exhibit in Oc- tober. Council Member Resnick reported on re- cent downtown recovery efforts in the North End and on attending the Juneteenth Celebra- tion in Comiskey Park. Council Member Jones reported on the Dubuque Racing Association (DRA) approving Alan Dickson to the Director of Operations role. Council Member Jones also reported on the up- coming Major League Baseball (MLB) game at the Field of Dreams and the positive economic impact the event will have on Dubuque. Council Member Sprank thanked Ernest Jackson and his team for hosting the Juneteenth Celebration. Mr. Sprank also re- ported on the Comiskey Park remodel, Liberty Recovery House, and the Pride Parade sched- uled for Saturday. Council Member Roussell also reported on attending the Juneteenth Celebration. Mayor Buol encouraged people to get vac- cinated, stating that the new variants of the COVID-19 virus are worrisome to the medical community. There being no further business, Mayor Buol declared the meeting adjourned at 8:54 p.m. /s/Adrienne N. Breitfelder, City Clerk CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 5:00 p.m. on June 23, 2021, in the Jule Operations and Training Center, East View Conference Room 2. Present: Mayor Buol (via phone); Council Members Cavanagh, Farber, Jones, Resnick, Roussell, Sprank; City Manager Van Milligen, and 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 Closed Session pursu- ant to Chapter 21.5(1)(i) Code of Iowa. CLOSED SESSION Motion by Roussell to convene in closed session at 5:02 p.m. to discuss professional evaluations — Chapter 21.5(1)(i) Code of Iowa. Seconded by Farber. Motion carried 7-0. Upon motion, the City Council reconvened in open session at 7:13 p.m. There being no further business, Mayor Buol declared the meeting adjourned at 7:14 p.m. /s/Adrienne N. Breitfelder, City Clerk 276 Special Session, June 23, 2021 Book 151 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 5:30 p.m. on July 6, 2021, in the sec- ond -floor Council Chambers of the Historic Fed- eral Building, 350 W. 6th Street. Present: Mayor Buol; Council Members Cavanagh, Farber, Jones, Resnick, Roussell, Sprank; City Manager Van Milligen, City Attor- ney Brumwell. This was a special session of the City Coun- cil called for the purpose of conducting a work session on the COVID-19 pandemic update. WORK SESSION COVID-19 Pandemic Update Mary Rose Corrigan, Public Health Special- ist for the City of Dubuque; Jenna Manders, Di- rector of Strategic Relations for the Community Foundation of Greater Dubuque; and Rick Dick- inson, President of Greater Dubuque Develop- ment Corporation (GDDC), provided updates on the internal and community -facing response to COVID-19. Ms. Corrigan spoke on recent COVID-19 cases in the county and vaccination rates. Ms. Manders spoke about the Commu- nity Foundation of Greater Dubuque's involve- ment in the Community Organizations Active in Disaster (COAD) group, and the Disaster Re- covery Fund donating over $1.7 million to vari- ous community organizations since its reactiva- tion in March of 2020. Mr. Dickinson spoke about recent workforce outcomes and the GDDC annual meeting scheduled for Thursday, July 8, 2021, at 5:30 p.m. The presenters re- sponding to questions from the City Council fol- lowing their presentations. There being no further business, Mayor Buol declared the meeting adjourned at 6:21 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 July 6, 2021, in the sec- ond -floor Council Chambers of the Historic Fed- eral Building, 350 W. 6th Street. Present: Mayor Buol; Council Members Cavanagh, Farber, Jones, Resnick, Roussell, Sprank; City Manager Van Milligen, City Attor- ney 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. Summer Learning Week Proclamation (July 12-16, 2021) was accepted by Danielle Willis on behalf of St. Mark Youth Enrichment. CONSENT ITEMS Motion by Resnick to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Jones. Motion carried 7-0. 1. Minutes and Reports Submitted: City Council Proceedings of 6/21 and 6/23; Housing Commission of 6/22; Library Board of Trustees Update of 6/24; Proof of Publication for City Council Proceedings of 6/7; Proof of Publication for List of Claims and Summary of Revenues for Month Ended 5/31. Upon motion the docu- ments were received and filed. 2. Notice of Claims and Suits: Dustin McGonigle - Section 1983; J.B. Priest for prop- erty damage; Douglas Spyrison for property damage; Jane Thorne and Michael Thorne for vehicle damage; Settlement Agreement and Mutual Release of All Claims between HACAP / Operation New View and Gary Stelpflug/2G2, LLC. Upon motion the documents were re- ceived, filed, and referred to the City Attorney. 3. Disposition of Claims: City Attorney ad- vised that the following claims have been re- ferred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: J.B. Priest for property damage, Douglas Spyrison for property damage. Upon motion the documents were received, filed, and concurred. Book 151 Regular Session, July 6, 2021 277 4. Approval of City Expenditures: City Man- ager recommended City Council approval for payment of City expenditures. Upon motion the documents were received and filed, and Reso- lution No. 222-21 Authorizing the Director of Fi- nance and Budget/City Treasurer to make cer- tain payments of bills that must be paid and ap- proved for payment in accordance with City pro- cedures was adopted. RESOLUTION NO. 222-21 AUTHORIZING THE DIRECTOR OF FI- NANCE AND BUDGET / CITY TREASURER TO MAKE CERTAIN PAYMENTS OF BILLS THAT MUST BE PAID AND APPROVED FOR PAYMENT IN ACCORDANCE WITH CITY PROCEDURES 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 De- partment personnel in accordance with gener- ally accepted internal control procedures and have been determined to have been requisi- tioned for a lawful municipal purpose; and Whereas, the Finance Director -City Treas- urer 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 pay- ment of certain expenditures known as Excep- tion 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 Treas- urer is hereby authorized to issue payment for goods and services provided for City purposes in response to the purchase orders and con- tracts issued in compliance with state and mu- nicipal code requirements as requested by des- ignated requisitioning authorities in accordance with approved budget appropriations. Section 2. In accordance with Iowa Code Section 372.13(6), the City Clerk and Finance Director are hereby authorized and directed to provide the statement of receipts and disburse- ments to the City Council, and to publish a sum- mary thereof. Passed, approved, and adopted this 6th day of July 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 5. Pre -Annexation Agreement - Sally A. Ho- erner: City Manager recommended approval of a Pre -Annexation Agreement with Sally Ho- erner for property located at 9653 Monticello Drive in Dubuque County, in conjunction with her request to connect to City water. Upon mo- tion the documents were received and filed, and Resolution No. 223-21 Approving a Pre -Annex- ation Agreement between the City of Dubuque, Iowa and Sally A. Hoerner was adopted. RESOLUTION NO. 223-21 APPROVING A PRE -ANNEXATION AGREE- MENT BETWEEN THE CITY OF DUBUQUE, IOWA AND SALLY A. HOERNER Whereas, Sally A. Hoerner, the owner of the following described property located at 9653 Monticello Drive in Dubuque County, Iowa (the Property) have submitted to the City Council of the city of Dubuque an application for voluntary annexation of the Property to the City of Dubu- que: Lot 27 in Kerrigan Road Heights in Table Mound Township, Dubuque County, Iowa, ac- cording to the recorded plat thereof Whereas, Sally A. Hoerner 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 author- izes 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 or- derly 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 an- nexation of the Property is in the public interest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The Pre -annexation Agreement by and between Sally A. Hoerner and the City of Dubuque is hereby approved. Passed, approved, and adopted this 6th day of July 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 278 Regular Session, July 6, 2021 Book 151 6. First Amendment to Grant Agreement Between the City of Dubuque and 84 Main, LLC for the Creation of Rental Units at 84 Main Street: City Manager recommending approval of the First Amendment to Grant Agreement be- tween the City of Dubuque and 84 Main, LLC for its creation of rental units at 84 Main Street. Upon motion the documents were received and filed, and Resolution No. 224-21 Approving the First Amendment to Grant Agreement between the City of Dubuque, Iowa and 84 Main, LLC was adopted. RESOLUTION NO. 224-21 APPROVING THE FIRST AMENDMENT TO GRANT AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND 84 MAIN, LLC Whereas, the City of Dubuque (City) and 84 Main, LLC (Grant Recipient) previously entered into a Grant Agreement dated December 2, 2019, for the creation of four new rental units at 84 Main Street in the City of Dubuque, Iowa (the Project); and Whereas, City and Grant Recipient desire to amend the Grant Agreement as set forth in the attached First Amendment to Grant Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the First Amendment to Grant Agreement between the City of Dubuque, Iowa and 84 Main, LLC, a copy of which is at- tached hereto, is hereby approved. Section 2. That the Mayor is hereby author- ized and directed to execute the First Amend- ment to Grant Agreement on behalf of the City of Dubuque and the City Clerk is authorized and directed to attest to his signature. Section 3. That the City Manager is author- ized to take such actions as are necessary to comply with the terms of the First Amendment to Grant Agreement as herein approved. Passed, approved and adopted this 6th day of July 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 7. Childcare Grant Opportunity Through Care Constellation Open Call: City Manager recommended support of a grant application to the Care Constellation on the issue of childcare submitted on behalf of a local childcare coali- tion. Upon motion the documents were re- ceived, filed, and approved. 8. Support for Dubuque Initiatives Rehabili- tation Project at 1739-1763 Central Avenue: City Manager recommended support for the Dubuque Initiatives grant application to the Iowa Finance Authority for the use of National Housing Trust Fund grant dollars to complete a rehabilitation project at 1739-1763 Central Ave- nue by Chris Richard. Upon motion the docu- ments were received, filed and approved. 9. Intent to Apply to City of Dubuque Amer- iCorps Program: Partners in Learning: City Manager recommended City Council approval to apply for City of Dubuque AmeriCorps Pro- gram: Partners in Learning grant in the amount of $203,760. Upon motion the documents were received and filed, and Resolution No. 225-21 Authorizing the Mayor to execute an application for the City of Dubuque AmeriCorps Program: Partners in Learning and authorizing the Lei- sure Services Manager and the City Manager to approve the application was adopted. RESOLUTION NO. 225-21 AUTHORIZING THE MAYOR TO EXECUTE AN APPLICATION FOR THE CITY OF DUBU- QUE AMERICORPS PROGRAM: PARTNERS IN LEARNING AND AUTHORIZING THE LEISURE SERVICES MANAGER AND THE CITY MANAGER TO APPROVE THE APPLI- CATION Whereas, the City of Dubuque has adminis- tered City of Dubuque AmeriCorps Program: Partners in Learning since June 2021; and Whereas, the City of Dubuque proposes to continue administering the City of Dubuque AmeriCorps Program: Partners in Learning. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA, THAT: Section 1. That the Mayor hereby is author- ized and directed to submit an application for the City of Dubuque AmeriCorps Program: Partners in Learning on behalf of the City of Dubuque. Section 2. That the Leisure Services Man- ager and the City Manager are hereby author- ized to approve the application that is submitted to Adam Lounsbury. Section 3. That the City Manager is hereby authorized and directed to forward said applica- tion and resulting standard executed contract to the respective agencies in a timely fashion and as required by the Volunteer Iowa. Passed, approved, and adopted this 6th day of July 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 10. Intent to Apply for City of Dubuque AmeriCorps Program: Creating Opportunities: City Manager recommended approval to apply for City of Dubuque AmeriCorps Program: Cre- ating Opportunities grant in the amount of $110,000. Upon motion the documents were re- ceived and filed, and Resolution No. 226-21 Au- thorizing the Mayor to execute an application for the City of Dubuque AmeriCorps Program: Book 151 Regular Session, July 6, 2021 279 Creating Opportunities and Authorizing the Lei- sure Services Manager and the City Manager to approve the application was adopted. RESOLUTION NO. 226-21 AUTHORIZING THE MAYOR TO EXECUTE AN APPLICATION FOR THE CITY OF DUBU- QUE AMERICORPS PROGRAM: CREATING OPPORTUNITIES AND AUTHORIZING THE LEISURE SERVICES MANAGER AND THE CITY MANAGER TO APPROVE THE APPLI- CATION Whereas, the City of Dubuque has adminis- tered City of Dubuque AmeriCorps Program: Creating Opportunities since June 2021; and Whereas, the City of Dubuque proposes to continue administering the City of Dubuque AmeriCorps Program: Creating Opportunities. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA, THAT: Section 1. That the Mayor hereby is author- ized and directed to submit an application for the City of Dubuque AmeriCorps Program: Cre- ating Opportunities on behalf of the City of Dubuque. Section 2. That the Leisure Services Man- ager and the City Manager are hereby author- ized to approve the application that is submitted to Adam Lounsbury. Section 3. That the City Manager is hereby authorized and directed to forward said applica- tion and resulting standard executed contract to the respective agencies in a timely fashion and as required by the Volunteer Iowa. Passed, approved, and adopted this 6th day of July 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 11. Intent to apply for Lowes 100 Hometowns: City Manager recommended ap- proval to apply for Lowes 100 Hometowns grant in the amount of $115,000. Upon motion the documents were received and filed, and Reso- lution No. 227-21 Authorizing the Mayor to exe- cute an application for the Lowes 100 Hometowns and authorizing the Leisure Ser- vices Manager and the City Manager to ap- prove the application was adopted. RESOLUTION NO. 227-21 AUTHORIZING THE MAYOR TO EXECUTE AN APPLICATION FOR THE LOWES 100 HOMETOWNS AND AUTHORIZING THE LEI- SURE SERVICES MANAGER AND THE CITY MANAGER TO APPROVE THE APPLICA- TION Whereas, the City of Dubuque has adminis- tered Lowes 100 Hometowns since April 2021; and Whereas, the City of Dubuque proposes to continue administering the Lowes 100 Hometowns. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA, THAT: Section 1. That the Mayor hereby is author- ized and directed to submit an application for the Lowes 100 Hometowns on behalf of the City of Dubuque. Section 2. That the Leisure Services Man- ager and the City Manager are hereby author- ized to approve the application that is submitted to NA. Section 3. That the City Manager is hereby authorized and directed to forward said applica- tion and resulting standard executed contract to the respective agencies in a timely fashion and as required by the Lowe's. Passed, approved, and adopted this 6th day of July 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 12. Purchase of three (3) Gillig 29' Low Floor Buses: City Manager recommended City Council authorization to purchase three new 29' Gillig Low Floor Buses. Upon motion the docu- ments were received, filed and approved. 13. Purina Drive Flood Wall Replacement Project: CIP 3502480 and 7202480: City Man- ager recommended that the award for the Pu- rina Drive Flood Wall Replacement Project be officially recorded in the minutes of the City Council. Upon motion the documents were re- ceived, filed and made a Matter of Record. 14. Signed Contract(s): Boys and Girls Club Facility Use Agreement; Drew Cook and Sons Excavating Co. Inc. for the Dillon Street Drain Tile Project 2021; Agreement with Nicholas J. Edwards, MD to act as the Medical Director for the City's Fire Department Emergency Medical Services Division; Tschiggfrie Excavating Co. for the 2021 Asphalt Overlay Ramp Project Four. Upon motion the documents were re- ceived and filed 15. Emergency Operations Center (EOC) Response to COVID 19: City Manager transmit- ted a summary of the response and activities of the Emergency Operations Center (EOC) to COVID-19, providing a snapshot of the me- chanics, accomplishments, and future recom- mendations for operation of the EOC in re- sponse to COVID-19. Upon motion the docu- ments were received and filed. 16. Fireworks Permit for Mark Molo: City Manager recommended consideration to issue a permit to Mark Molo for a fireworks display on July 17, 2021. Upon motion the documents were received, filed, and approved 280 Regular Session, July 6, 2021 Book 151 17. Liquor License Renewals: City Manager recommending approval of annual beer, liquor and wine licenses as submitted. Upon motion the documents were received and filed, and Resolution No. 228-21 Approving applications for beer, liquor, and/or wine permits, as re- quired 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. 228-21 APPROVING APPLICATIONS FOR BEER, LIQUOR, AND/OR WINE PERMITS, AS RE- QUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LI- CENSE REGULATIONS, CHAPTER 2 LIQ- UOR CONTROL, ARTICLE B LIQUOR, 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 author- ized and directed to cause to be issued the noted permit types to the following applicants pending submission of the locally required doc- umentation: Renewals 7 Hills Brewing Co, LLC, 1085 Washington St. Diamond Jo Casino, 301 Bell St. Fischer Lanes, 880 Locust St. Jubeck New World Brewing LLC, 115 W. 11tn St. Kwik Star #236, 2035 John F. Kennedy Rd. Paul's Tavern, 176 Locust St. Walgreens #11942, 345 East 20tn St. Passed, approved, and adopted this 6th day of July 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk BOARDS/COMMISSIONS 1. Boards and Commission Applicant Re- view: City Clerk Breitfelder stated that the His- toric Preservation Commission applicant review was pulled from the meeting due to a discrep- ancy in the vacancy of the term on the commis- sion. 1. Applications were reviewed for the follow- ing Boards and Commissions. Applicants were invited to address the City Council regarding their desire to serve on the following Boards/Commissions. i. Community Development Advisory Com- mission: One, 3-Year term through February 15, 2024 (Vacant term of Wainwright). Appli- cant: Danita Grant, 2479 LaVista Ct. ii. Mayoral Appointment: Library Board of Trustees: One, 4-Year term through July 1, 2025 (Expiring term of Gorton) Applicant: Greg Gorton, 1295 Prairie St. This commission is subject to the State of Iowa Gender Balance Law. 7 Commissioners total; currently 2 males/4 females/1 openings. 2. Boards and Commission Appointments: Appointments were made to the following boards/commissions. i. Housing Appeals and Mediation Board: One, 3-Year term through January 1, 2024 (Ini- tial term on this board. Board was created on December 7, 2020, as a result of restructuring the Building Code Boards). Applicants: George Cooley, 2255 Francis St.; Lynn Sutton, 859 Air Hill St. (Additional Applicant). Membership Re- quires Balance of Landlords, Tenants and Other Interested Citizens. 5 Commissioners to- tal; currently 2 Landlords/ 1 Tenant/ 1 Inter- ested Citizen / 1 Opening. Upon roll call vote, Ms. Sutton was appointed to the 3-year term through January 1, 2024. Ms. Sutton received all 7 votes from the City Council for the term. PUBLIC HEARINGS 1. Chavenelle Road - NW Arterial to Rad- ford Road Reconstruction Project - CIP #3602551, 7201180: Proof of publication on no- tice of public hearing to consider City Council approval of the plans, specifications, form of contract, estimated cost of $3,193,910, resolu- tion of necessity and preliminary schedule of assessments for the Chavenelle Road - North- west Arterial to Radford Road Reconstruction Project, and City Manager recommended ap- proval. Motion by Cavanagh to receive and file the documents and adopt Resolution No. 229- 21 Approval of plans, specifications, form of contract, and estimated cost for the Chavenelle Road — NW Arterial to Radford Road Recon- struction Project; Resolution No. 230-21 With respect to the adoption of the Resolution of Ne- cessity Proposed for the Chavenelle Road — NW Arterial to Radford Road Reconstruction Project; and Resolution No. 231-21 Approving schedule of assessments and estimate of total cost for the Chavenelle Road — NW Arterial to Book 151 Regular Session, July 6, 2021 281 Radford Road Reconstruction Project. Se- conded by Sprank. Jim Weber, property owner of 4300 Chavenelle Road, and Tonya Millard, Executive Director of the Dubuque Humane So- ciety, 4242 Chavenelle Road, spoke in opposi- tion to the project, stating inequities in the as- sessments for the property owners of this pro- ject versus the property owners affected by the extension of a hiking and biking trail on Radford Road. Additionally, concerns were stated on the financial burden of the assessment for non- profits. Responding to questions from the City Council, City Manager Van Milligen stated that it is standard practice for non -profits to be as- sessed in the same manner as all other prop- erty owners, and that a grant awarded for the mentioned hiking and biking trail eliminated the requirement for property owners affected by that assessment to pay. City Engineer Gus Psi- hoyos stated that property owners can contract with private companies on their own to install the sidewalks, which has a potential cost sav- ings of up to 25%. Mr. Psihoyos also stated that the property owners will have up to 15 years at 3% interest to pay back the assessment if the project is done through the city. City Attorney Brumwell stated that per Iowa state code, if as- sessments are provided to the County after May of 2022, then the assessments to the prop- erty owner will not be due until July 1, 2023. Civil Engineer Jon Dienst summarized the spe- cial assessment state code section. City Clerk Breitfelder confirmed that no public input was received by the City Clerk's Office on this item. City Council discussed the necessity of side- walks and encouraged the community to assist with funding for the impacted non -profits. Mo- tion carried 7-0. RESOLUTION NO. 229-21 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE CHAVENELLE ROAD — NW ARTERIAL TO RADFORD ROAD RECON- STRUCTION PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for Cha- venelle Road — NW Arterial to Radford Road Reconstruction Project, in the estimated amount $2,639,595.00, are hereby approved. Passed, adopted, and approved this 6th day of July 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk RESOLUTION NO. 230-21 WITH RESPECT TO THE ADOPTION OF THE RESOLUTION OF NECESSITY PROPOSED FOR THE CHAVENELLE ROAD — NW ARTE- RIAL TO RADFORD ROAD RECONSTRUC- TION PROJECT Whereas, the City Council has proposed a Resolution of Necessity for the Chavenelle Road — NW Arterial to Radford Road Recon- struction Project and has given notice of the public hearing thereon as required by law; and Whereas, the public hearing has been held, all persons offering objections have been heard and consideration given to all objections and is pending before this Council; and Whereas, this is the time and place set as provided for the taking of action on the pro- posed Resolution of Necessity. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That the proposed Resolution of Necessity described above is hereby: X - Adopted, without amendment, and all objections filed or made having been duly con- sidered are overruled. Adopted as amended by the Preliminary Schedule of Assessments attached hereto as Exhibit A and made a part hereof by reference. All objections filed or made having been duly considered are overruled. Deferred for later consideration to a City Council meeting to be held on the 19th day of July 2021, at 6:30 p.m. in the Historic Federal Building Council Chambers (and/or by virtual means), 350 West 6th Street, with jurisdiction re- tained for further consideration and action at the adjourned meeting. Abandoned. Passed, adopted and approved this 6th day of July 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk RESOLUTION NO. 231-21 APPROVING SCHEDULE OF ASSESS- MENTS AND ESTIMATE OF TOTAL COST FOR THE CHAVENELLE ROAD — NW ARTE- RIAL TO RADFORD ROAD RECONSTRUC- TION PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That the attached plat, schedule of assess- ments, and estimate of total cost for the Cha- venelle Road — NW Arterial to Radford Road Reconstruction Project are hereby approved. Passed, approved, and adopted this 6th day of July 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 2. 2021 Pavement Marking Project (CIP 3002245): Proof of publication for notice of pub- lic hearing to consider City Council approval of 282 Regular Session, July 6, 2021 Book 151 the plans, specifications, form of contract and the estimated cost of $205,000 for the 2021 Pavement Marking Project, and City Manager recommending approval. Motion by Jones to re- ceive and file the information and adopt Reso- lution No. 232-21 Approval of plans, specifica- tions, form of contract, and estimated cost for the 2021 Pavement Marking Project. Seconded by Resnick. Motion carried 7-0. RESOLUTION NO. 232-21 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE 2021 PAVEMENT MARKING PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for 2021 Pavement Marking Project, in the estimated amount $175,700.00, are hereby approved. Passed, adopted, and approved this 6th day of July 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk ACTION ITEMS 1. Code of Ordinances Amendment - Mayor and City Council Compensation: City Clerk sub- mitted an amendment to the City of Dubuque Code of Ordinances Title 1 Administration, Chapter 6 Mayor and City Council, Section 1-6- 2, adjusting Mayor and City Council Member salaries effective January 1, 2022, as recom- mended by the Compensation Task Force and concurred by the City Council on June 21, 2021. Motion by Resnick to receive and file the docu- ments and that the requirement that a proposed ordinance be considered and voted on for pas- sage at two Council meetings prior to the meet- ing at which it is to be passed be suspended. Seconded by Jones. Mayor Buol briefly sum- marized the process for the City Council con- sidering changes to compensation. Motion car- ried 7-0. Motion by Resnick for final consideration and passage of Ordinance No. 27-21 Amending City of Dubuque Code of Ordinances Title 1 Ad- ministration, Chapter 6 Mayor and City Council, Section 1-6-2 Compensation. Seconded by Jones. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 27-21 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 1 ADMINISTRATION, CHAPTER 6 MAYOR AND CITY COUNCIL, SECTION 1-6-2 COMPENSATION Whereas, pursuant to Iowa Code 372.13-8, the City Council shall not adopt an ordinance changing the compensation of the mayor and council members during the months of Novem- ber and December in the year of a regular city election; and Whereas, a change in the compensation of the mayor does not become effective during the term in which the change is adopted; and Whereas, at the 2004 Dubuque City Council annual goal setting session, the City Council concurred to make a change in mayor and council member compensation only during the year in which a majority of council members' terms expire; and Whereas, such change in compensation would be recommended to the City Council by an ad hoc task force comprised of seven (7) residents of the city each selected by a member of the City Council to represent him/her and fa- cilitated by the City Clerk; and Whereas, a change in the compensation of the council members becomes effective for all council members at the beginning of the term of the council members elected at the election next following the change in compensation; and Whereas, effective: • January 1, 1997, the compensation of the Mayor was set at Ten Thousand Four Hundred Seventy -One Dollars ($10,471.00) per annum, and the com- pensation for City Council Members set at Six Thousand Nine Hundred Seventy - Nine Dollars ($6,979.00) per annum; and • January 1, 2002, the compensation of the Mayor was set at Eleven Thousand Dollars ($11,000.00) per annum, and the compensation for City Council Mem- bers set at Eight Thousand Dollars ($8,000.00) per annum; and • January 1, 2006, the compensation of the Mayor was set at Eleven Thousand Five Hundred Dollars ($11,500.00) per annum, and the compensation for City Council Members set at Eight Thousand Five Hundred Dollars ($8,500.00) per annum; and • January 1, 2014, the compensation of the Mayor was set at Thirteen Thousand Dollars ($13,000) per annum, and the compensation for City Council Members set at Nine Thousand Seven Hundred Dollars ($9,700.00) per annum; and • January 1, 2018, the compensation of the Mayor was set at Thirteen Thousand Eight Hundred Dollars ($13,800.00) per annum, and the compensation for City Council Members set at Ten Thousand Three Hundred Dollars ($10,300) per annum. Whereas, the City Council has determined that the compensation for the Mayor and City Council Members should be adjusted effective Book 151 Regular Session, July 6, 2021 283 January 1, 2022. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA, AS FOLLOWS: Section 1. Section 1-6-2 of the City of Dubu- que Code of Ordinances is amended to read as follows: 1-6-2: COMPENSATION: Effective January 1, 2022, the compen- sation for the mayor shall be fourteen thousand eight hundred dollars ($14,800.00) per annum, and the com- pensation for the city council members shall be eleven thousand one hundred dollars ($11,100) per annum. Section 2. This ordinance shall take effect upon publication. Passed, approved, and adopted this 6th day of July 2021. /s/Roy D. Buol, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 14th day of July 2021. /s/Adrienne N. Breitfelder, City Clerk 2. Renew DBQ - A Low- to Moderate -In- come Solar Pilot Project: City Manager recom- mended City Council approval of a pilot project called Renew DBQ, which focuses on increas- ing access to solar technology for low- to mod- erate -income (LMI) residents and requests ap- proval to move forward with funding the pilot project. Motion by Cavanagh to receive and file the documents and approve the project. Se- conded by Jones. Sustainability Coordinator Gina Bell made a presentation. Topics in- cluded: Energy as a tool for impact; Pilot details; focus area of the project; and how the project works. Responding to questions from the City Council, Ms. Bell summarized the options that residents will have to pay their cost of the instal- lations, stated the outcomes that will be meas- ured to assess the results of the project, and provided additional details about the city's cost for the program. City Council expressed sup- port for the project and stated that data illustrat- ing the results of this project will be helpful in potentially securing future funding sources for the project. Motion carried 7-0. 3. Community Development Block Grant (CDBG) Contracts for Public Services: City Manager recommended City Council approval of the Community Development Block Grant (CDBG) Agreements with the following organi- zations: Dubuque Community YMCA/YWCA Domestic Violence Shelter ($117,000); Dubu- que Rescue Mission ($80,000); and Opening Doors — Maria House ($53,000). Motion by Jones to receive and file the documents and adopt Resolution No. 233-21 Authorizing Exe- cution of FY21/PY20 Homeless Shelter Reha- bilitation Agreements. Seconded by Roussell. Motion carried 7-0. 284 Regular Session, July 6, 2021 Book 151 RESOLUTION NO. 233-21 AUTHORIZING EXECUTION OF FY21/PY20 HOMELESS SHELTER REHABILITATION AGREEMENTS Whereas, the following organizations pre- pared and submitted requests to provide fund- ing for homeless shelter rehabilitation needs in the City of Dubuque: • Dubuque YMCA/YWCA • Dubuque Rescue Mission • Opening Doors — Maria House; and Whereas, the City Council approved the CDBG Fiscal Year 2021/Program Year 2020 Amendment #2 budget that included Homeless Shelter Rehabilitation allocation; and Whereas, the submissions have been ap- proved by the Community Development Advi- sory Commission on March 17, 2021; and Whereas, all services provided will be to a minimum of 51 % low/moderate income resi- dents. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Funding Ap- proval/Agreements, authorized by the Commu- nity Development Advisory Commission begin- ning July 7, 2021, for contracts to the aforemen- tioned organizations be approved. Section 2. That the Mayor of the City of Dubuque is hereby authorized and directed to execute said Agreement and related docu- ments on behalf of the City of Dubuque, Iowa. Passed, approved, and adopted this 6th day of July 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 4. Fiscal Year 2022 Purchase of Services Grant Recommendations and Agreements: City Manager recommended approval of the recom- mended funding for the Fiscal Year 2022 Pur- chase of Services Grant applications as follows: Convivium Urban Farmstead, Free Community Casseroles ($25,000.00); Dubuque YMCA/YWCA Domestic Violence Shelter ($25,000.00); St. Mark Youth Enrichment, Be- fore School Programming ($25,000.00); Red Basket Project, Period Supplies for Those Who Menstruate ($12,625.00); Marita Theisen Child- care Center at Steeple Square, Education and Programming ($10,000.00); and Project Rooted, Rooted Pantries ($2,375.00). Motion by Cavanagh to receive and file the documents and adopt Resolution No. 234-21 Authorizing Execution of FY22 Purchase of Services Grant Agreements. Seconded by Resnick. Motion carried 7-0. RESOLUTION NO. 234-21 AUTHORIZING EXECUTION OF FY22 PUR- CHASE OF SERVICES GRANT AGREE- MENTS Whereas, the following non-profit organiza- tions prepared and submitted requests to pro- vide support for human service programs in the City of Dubuque: • Convivium Urban Farmstead • Dubuque YMCA/YWCA • St. Mark Youth Enrichment • Red Basket Project • Marita Theisen Childcare Center at Steeple Square • Project Rooted; and Whereas, the City Council approved the Fiscal Year 2022 budget that included the Pur- chase of Services allocation; and Whereas, the submissions have been ap- proved by the Community Development Advi- sory Commission on June 16, 2021; and Whereas, all services provided will be to a minimum of 51 % low/moderate income resi- dents. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Funding Ap- proval/Agreements, authorized by the Commu- nity Development Advisory Commission begin- ning July 7, 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 docu- ments on behalf of the City of Dubuque, Iowa. Passed, approved, and adopted this 6th day of July 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 5. Community Development Block Grant (CDBG) CV Contract for Dubuque Food Pantry: City Manager recommended approval of a con- tract for Community Development Block Grant (CDBG) CARES Act funding for assistance to the Dubuque Food Pantry in the amount of $167,955. Motion by Resnick to receive and file the documents and adopt Resolution No. 235- 21 Authorizing Execution of CDBG-CV Agree- ment with Dubuque Food Pantry. Seconded by Sprank. City Council thanked city staff for ad- dressing food insecurity in the community through this agreement and other actions. Council Members Roussell and Cavanagh shared their experiences helping with food dis- tribution in the community. Motion carried 7-0. RESOLUTION NO. 235-21 AUTHORIZING EXECUTION OF CDBG-CV AGREEMENT WITH DUBUQUE FOOD PAN- TRY Whereas, the Dubuque Food Pantry pre- pared a request to provide support for in- Book 151 Regular Session, July 6, 2021 285 creased demand due to the COVID-19 pan- demic; and Whereas, the City Council approved the CDBG Fiscal Year 2020/Program Year 2019 Amendment #3 budget that included CDBG CARES Act allocation; and Whereas, the submission will be reviewed by the Community Development Advisory Com- mission on July 21, 2021; and Whereas, all services provided will be to a minimum of 51 % low/moderate income resi- dents. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the contract with the Dubu- que Food Pantry, beginning no sooner than July 22, 2021, be approved, pending all require- ments for CDBG-CV funding be approved, in- cluding authorization by the Community Devel- opment Advisory Commission. Section 2. That the Mayor of the City of Dubuque is hereby authorized and directed to execute said Agreement and related docu- ments on behalf of the City of Dubuque, Iowa. Passed, approved, and adopted this 6th day of July 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 6. Community Development Block Grant FY2021 Annual Action Plan Amendment #2: City Manager recommended City Council ap- proval of the Community Development Block Grant FY2021 Annual Action Plan Amendment #2 as recommended by the Community Devel- opment Advisory Commission. Motion by Jones to receive and file the documents and adopt Resolution No. 236-21 Adopting the Fiscal Year 2021 (Program Year 2020) Community Devel- opment Block Grant (CDBG) Annual Action Plan Amendment #2. Seconded by Farber. Mo- tion carried 7-0. RESOLUTION NO. 236-21 ADOPTING THE FISCAL YEAR 2021 (PRO- GRAM YEAR 2020) COMMUNITY DEVEL- OPMENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN AMENDMENT #2 Whereas, the City of Dubuque, through a series of public meetings and hearings, pro- posed a Fiscal Year 2021 (Program Year 2020) Community Development Block Grant Annual Action Plan for inclusion in the City Budget ad- dressing housing and non- housing needs in the community; and: Whereas, the City Council approved the Fiscal Year 2022 budget that included the Pur- chase of Services allocation; and Whereas, the Community Development Ad- visory Commission held a public hearing on March 2, 2021, to receive community input on the second amendment to the Fiscal Year 2021 (Program Year 2020) Community Development Block Grant Annual Action Plan; and Whereas, all services provided will be to a minimum of 51 % low/moderate income resi- dents. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Community Develop- ment Block Grant Fiscal Year 2021 (Program Year 2020) Annual Action Plan Amendment #2, attached hereto and by this reference made a part hereof, is hereby approved. Section 2. The City Manager is hereby au- thorized to directed staff to prepare and submit to the United States Department of Housing and Urban Development the Fiscal Year 2021 (Program Year 2020) Annual Action Plan Amendment #2 with all related documents, for the use of Community Development Block Grant funds based on this adopted budget and execute standard contracts and agreements. Passed, approved, and adopted this 6tn day of July 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 7. Proceedings to Direct Advertisement for Sale of $3,720,000 Water Revenue Refunding Bonds, Series 2021C, Approval of the Prelimi- nary Official Statement, and Approval of Elec- tronic Bidding Procedures: City Manager rec- ommended City Council approval of the sug- gested proceedings for approving the adver- tisement for sale, preliminary Official State- ment, and electronic bidding procedures for the $3,720,000 Water Revenue Refunding Bonds, Series 2021C. Motion by Roussell to receive and file the documents and adopt Resolution No. 237-21 Directing the advertisement for sale of $3,720,000* (subject to adjustment per terms of offering) Water Revenue Refunding Bonds, Series 2021 C, and approving electronic bidding procedures and distribution of preliminary offi- cial statement. Seconded by Cavanagh. Motion carried 7-0. RESOLUTION NO. 237-21 DIRECTING THE ADVERTISEMENT FOR SALE OF $3,720,000* (SUBJECT TO AD- JUSTMENT PER TERMS OF OFFERING) WATER REVENUE REFUNDING BONDS, SERIES 2021C, AND APPROVING ELEC- TRONIC BIDDING PROCEDURES AND DIS- TRIBUTION OF PRELIMINARY OFFICIAL STATEMENT Whereas, the Issuer is in need of funds to pay costs of refunding outstanding revenue ob- ligations of the City, including Water Revenue Bonds, Series 2010D dated September 21, 2010, and Water Revenue Bonds, Series 286 Regular Session, July 6, 2021 Book 151 2008D dated November 4, 2008, and it is deemed necessary and advisable that Water Revenue Refunding Bonds, to the amount of not to exceed $3,800,000 be authorized for said purpose(s); and Whereas, pursuant to notice published as required by Section 384.83 of the Code of Iowa, this Council has held a public meeting and hear- ing upon the proposal to institute proceedings for the issuance of the Bonds, and the Council is therefore now authorized to proceed with the issuance of said Bonds for such purpose(s); and Whereas, in conjunction with its Municipal Advisor, Independent Public Advisors, LLC, and Disclosure Counsel, the City has caused a Preliminary Official Statement to be prepared outlining the details of the proposed sale of the Bonds;and Whereas, the Council has received infor- mation from its Municipal Advisor evaluating and recommending the procedure hereinafter described for electronic, facsimile and internet bidding to maintain the integrity and security of the competitive bidding process and to facilitate the delivery of bids by interested parties; and Whereas, the Council deems it in the best interests of the City and the residents thereof to receive bids to purchase such Bonds by means of both sealed and electronic internet commu- nication. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, STATE OF IOWA: That the receipt of electronic bids by facsim- ile machine, email, and through the Parity Com- petitive Bidding System described in the Notice of Sale and Official Statement are hereby found and determined to provide reasonable security and to maintain the integrity of the competitive bidding process, and to facilitate the delivery of bids by interested parties in connection with the offering at public sale. That Water Revenue Refunding Bonds, Se- ries 2021 C, of City of Dubuque, State of Iowa, in the amount of $3,720,000* (Subject to Ad- justment per Terms of Offering), to be issued as referred to in the preamble of this Resolution, to be dated August 18, 2021*, be offered for sale pursuant to the published advertisement. That the preliminary Official Statement in the form presented to this meeting be and the same hereby is approved as to form and deemed final for purposes of Rule 15c2-12 of the Securities and Exchange Commission, sub- ject to such revisions, corrections or modifica- tions as the Mayor and City Clerk, upon the ad- vice of Bond Counsel, Disclosure Counsel, and the City's Municipal Advisor, shall determine to be appropriate, and is authorized to be distrib- uted in connection with the offering of the Bonds for sale. That the Clerk is hereby directed to publish notice of sale of the Bonds at least once, the last one of which shall be not less than four clear days nor more than twenty days before the date of the sale. Publication shall be made in the Telegraph Herald, a legal newspaper, printed wholly in the English language, pub- lished within the county in which the Bonds are to be offered for sale or an adjacent county. The notice is given pursuant to Chapter 75 of the Code of Iowa, and shall state that this Council, on the 19th day of July 2021, at 6:30 P.M., will hold a meeting to receive and act upon bids for said Bonds, which bids were previously re- ceived and opened by City Officials at 10:00 A.M. on said date. The notice shall be in sub- stantially the [provided] form. Passed and approved this 6th day of July 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 8. Request for Work Session: Four Mounds Foundation: City Manager requested the City Council schedule a work session for July 19, 2021, at 5:00 p.m. on the Four Mounds Foun- dation and their work. Motion by Roussell to re- ceive and file the documents and schedule the work session as recommended. Seconded by Farber. No schedule conflicts were expressed. Motion carried 7-0. 9. Request for Work Session: Inclusive Dubuque Quarterly Update: City Attorney re- quested the City Council schedule a work ses- sion for August 16, 2021, at 5:00 p.m. for the Inclusive Dubuque Quarterly Update. Motion by Cavanagh to receive and file the documents and schedule the work session as recom- mended. Seconded by Jones. No schedule conflicts were expressed. Motion carried 7-0. 10. Request for Work Session: Airport Mas- ter Plan Update: City Manager requested the City Council schedule a work session for Sep- tember 20, 2021, at 5:30 p.m. to review the Air- port Master Plan Update. Motion by Jones to receive and file the documents and schedule the work session as recommended. Seconded by Resnick. No schedule conflicts were ex- pressed. Motion carried 7-0. COUNCIL MEMBER REPORTS Council Member Jones reported on the re- cent passing of former City Council Member Mike Pratt and former Assistant Fire Chief Dick Rudden. Council Member Resnick thanked city staff for their work over the 4th of July weekend. Council Member Roussell reported on her recent attendance at an Iowa League of Cities (ILC) policy committee meeting. Council Member Cavanagh reported on his Book 151 Regular Session, July 6, 2021 287 attendance at the ILC Executive Board meet- ing. Mr. Cavanagh stated that Dubuque is a leader in hybrid City Council meetings, as many cities are choosing not to conduct hybrid meet- ings for various reasons. Mr. Cavanagh thanked city staff for their efforts in making hy- brid meetings a successful option. CLOSED SESSION Motion by Jones to convene in closed ses- sion at 8:09 p.m. to discuss professional evalu- ations — Chapter 21.5(1)(i) Code of Iowa. Se- conded by Farber. Motion carried 7-0. Upon motion, the City Council reconvened in open session at 8:25 p.m. There being no further business, Mayor Buol declared the meeting adjourned at 8:25 p.m. /s/Adrienne N. Breitfelder, City Clerk 288 Special Session, July 19, 2021 Book 151 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 5:00 p.m. on July 19, 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 Attor- ney Brumwell. This was a special session of the City Coun- cil called for the purpose of conducting work sessions on The Four Mounds Foundation and Childcare Challenges and Progress. WORK SESSIONS (2) 1. Four Mounds Foundation Four Mounds Foundation staff Becky Bodish, Program Director, Jill Courtney, Executive Di- rector and Allen Goodman Miller, Development Consultant shared information on their past, current, and future work, and initiatives. Topics included: • Restoring People. Restoring Place • Mission: o Educate. Preserve. Partner. Serve. • Demographics • Final Outcomes • Heart Build Dubuque Pathways • Vision For Four Mounds and Heart • Access and Educational Improvement Plan • Partnership Evolution Mayor Buol called a recess at 5:20 while waiting for presenters to arrive. Mayor Buol reconvened the Work Session for Childcare challenges and progress at 5:45. 2. Childcare Challenges and Progress Economic Development Director Jill Con- nors, along with several local childcare stake- holders/partners; Abigail Degenhardt, Dubuque County Early Childhood, Tara Roddick, Child- care Resource and Referral, Rick Dickinson, President and CEO Greater Dubuque Develop- ment Corp., Wendy Mihm-Herold, Northeast Iowa Community College, and Paul Duster, Community Foundation of Greater Dubuque presented an update on current challenges and progress to date to having sufficient quality, af- fordable childcare in Dubuque. Topics included: o Quality Childcare Is Essential Brain Development o School Readiness o Reduced Stress o Needed For Economic Infrastructure o Current Workforce —Attract and Retain o Future Workforce —Proper Brain De- velopment, Education • What Are the Challenges o High Cost for Parents o Low Wage for Providers = Turnover Rate Of 60% -94% o Transportation Barriers • Local Coalition's Current Initiatives • Local Successes • City of Dubuque Involvement • Next Steps There being no further business, Mayor Buol declared the meeting adjourned at 6:27 p.m. /s/Trish L. Gleason, Assistant City Clerk Book 151 Regular Session, July 19, 2021 289 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on July 19, 2021, in the second -floor Council Chambers of the Historic Federal Building, 350 W. 6'h Street. Present: Mayor Buol; Council Members Cavanagh, Farber, Jones, Resnick, Roussell, Sprank; City Manager Van Milligen, City Attor- ney 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) Eagles "Eyes on the Future" Citizens of the Year Award: Michael Duehr, Chairman of the Eagles "Eyes on the Future" Committee, pre- sented the Eagles "Eyes on the Future" Citizens of the Year Award to Michael and Nancy Van Milligen. PROCLAMATION(S) 1. Main Street Public/Private Partnership Week Proclamation was accepted by Dan LoBianco, Dubuque Main Street and by Kathy LaPlante, Main Street America on behalf of Dubuque Main Street and Main Street America. 2. US Highway 20 Medal of Honor Highway Proclamation was accepted by American Le- gion 2"d Vice Commander and Past Com- mander Bob Felderman on behalf of American Legion Post 6 of Dubuque. CONSENT ITEMS Motion by Resnick to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Jones. Motion carried 7-0. 1. Minutes and Reports Submitted: City Council Proceedings of 7/6; Cable TV Commis- sion of 5/12; Community Development Advisory Commission of 6/6; Zoning Advisory Commis- sion of 7/7; Zoning Board of Adjustment of 6/24; Proof of Publication for City Council Proceed- ings of 6/21 and 6/23. Upon motion the docu- ments were received and filed. 2. Notice of Claims and Suits: Allison Lott for property damage; Janet Smith for property damage: Upon motion the documents were re- ceived, filed, and referred to the City Attorney. 3. Disposition of Claims: City Attorney ad- vising that the following claims have been re- ferred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Allison Lott for property damage; Janet Smith for property damage; Michael and Jane Thorne for property damage. Upon motion the documents were received, filed, and concurred. 4. Approval of City Expenditures: City Man- ager recommended City Council approval for payment of City expenditures. Upon motion the documents were received and filed, and Reso- lution No. 238-21 Authorizing the Director of Fi- nance and Budget/City Treasurer to make cer- tain payments of bills that must be paid and ap- proved for payment in accordance with City pro- cedures was adopted. RESOLUTION NO. 238-21 AUTHORIZING THE DIRECTOR OF FI- NANCE AND BUDGET / CITY TREASURER TO MAKE CERTAIN PAYMENTS OF BILLS THAT MUST BE PAID AND APPROVED FOR PAYMENT IN ACCORDANCE WITH CITY PROCEDURES 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 De- partment personnel in accordance with gener- ally accepted internal control procedures and have been determined to have been requisi- tioned for a lawful municipal purpose; and Whereas, the Finance Director -City Treas- urer 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 pay- ment of certain expenditures known as Excep- tion 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 Treas- urer is hereby authorized to issue payment for goods and services provided for City purposes in response to the purchase orders and 290 Regular Session, July 19, 2021 Book 151 contracts issued in compliance with state and previously assessed street improve - municipal code requirements as requested by ments. designated requisitioning authorities in accord- 3. Transfer from the Special Assess- ance with approved budget appropriations. ments Special Revenue Fund to the Sales Section 2. In accordance with Iowa Code Tax Increment Fund $71,642.12 to reim- Section 372.13(6), the City Clerk and Finance burse previously assessed street im- Director are hereby authorized and directed to provements. provide the statement of receipts and disburse- 4. Transfer from Special Assessments ments to the City Council, and to publish a sum- Special Revenue Fund to the Water Cap- mary thereof. ital Enterprise Fund $3,862.67 to reim- Passed, approved, and adopted this 191h burse previously assessed water improve - day of July 2021. ments. Roy D. Buol, Mayor 5. Transfer from Special Assessments Attest: Trish L. Gleason, Assistant City Clerk Special Revenue Fund to the Stormwater Operating Enterprise Fund $77.93 to re- 5. Resolution Approving Fund Transfers for imburse previously assessed stormwater Capital Projects and Other Expense Reim- improvements. bursements in Fiscal Year 2021 — Period 13: 6. Transfer from General Fund to the City Manager recommended approval of the Debt Service Fund $942,890.08 for an - suggested proceedings approving a transfer of nual debt service payments. funds for capital projects and other expense re- 7. Transfer from Dubuque Industrial imbursements. Upon motion the documents Center Tax Increment Financing Fund to were received and filed, and Resolution No. the Debt Service Fund $1,102,614.23 for 239-21 Authorizing the Director of Finance and annual debt service payments. Budget to make the appropriate interfund trans- 8. Transfer from Greater Downtown Tax fers of sums and record the same in the appro- Increment Financing Fund to the Debt priate manner for the FY 2021 for the City of Service Fund $4,471,542.30 for annual Dubuque, Iowa was adopted. debt service payments. 9. Transfer from Road Use Tax Special RESOLUTION NO. 239-21 Revenue Fund to the Debt Service Fund AUTHORIZING THE DIRECTOR OF FI- $60,083.00 for annual debt service pay- NANCE AND BUDGET TO MAKE THE AP- ments. PROPRIATE INTERFUND TRANSFERS OF 10. Transfer from Street Construction SUMS AND RECORD THE SAME IN THE AP- Fund to the Debt Service Fund PROPRIATE MANNER FOR THE FY 2021 $284,944.00 for annual debt service pay - FOR THE CITY OF DUBUQUE, IOWA ments. Whereas, Iowa Administrative Rules Code 11. Transfer from Sales Tax Increment Section 545-2.5(5) implements Iowa Code Special Revenue Fund to the Debt Ser- Section 384.18 and provides that the City vice Fund $2,554,103.91 for annual debt Council shall approve all transfers of moneys service payments. from one budgeted fund to another budgeted 12. Transfer from Sales Tax Construc- fund as provided in Iowa Administrative Rules tion Fund to the Debt Service Fund Code Section 545-2.5(5). $537,632.20. NOW THEREFORE, BE IT RESOLVED 13. Transfer from the General Fund to BY THE CITY COUNCIL OF THE CITY OF the Refuse Fund $2,217.14 for reimburse- DUBUQUE, IOWA: ment of 50% rate reduction. Section 1. Authorize the Director of Finance 14. Transfer from the General Fund to and Budget to Transfer Funds. That the Direc- the Sanitary Sewer Operating Fund for of Finance and Budget be and is hereby au- $2,277.01 for reimbursement of 50% rate thorized by the City Council to make the appro- reduction. priate interfund transfer of sums and record the 15. Transfer from the General Fund to same in the appropriate manner for FY 2021. the Water Operating Fund $1,654.83 for Section 2. Transfer of Funds. That the Di- reimbursement of 50% rate reduction. rector of Finance and Budget will transfer the 16. Transfer from DRA Distribution Fund following sums and to record the same in the to the Stormwater Operating Fund appropriate manner: $78,997.00 for stormwater subsidies re- 1. Transfer from the Special Assess- lated to tax exempt entities, farms, and ments Special Revenue Fund to the Gen- half rate for income qualified. eral Fund $10,723.49 to reimburse previ- 17. Transfer from Sales Tax Construc- ously assessed sidewalk improvements. tion Fund to the Stormwater Operating 2. Transfer from Special Assessments Fund $313,707.02 for stormwater subsi- Special Revenue Fund to the Street Con- dies related to tax exempt entities, farms, struction Fund $23,204.27 to reimburse and half rate for income qualified. Book 151 Regular Session, July 19, 2021 291 18. Transfer from the Tort Liability Fund to the General Fund $3,252.23 for the cost of liability insurance. 19. Transfer from the Trust and Agency Fund to the General Fund $26,876.62 for the cost of employee benefits. 20. Transfer from the Dubuque Indus- trial Center Tax Increment Financing Fund to the General Fund $20.23 for the reim- bursement of Tax Increment Financing el- igible expenses. 21. Transfer from the Greater Down- town Tax Increment Financing Fund to the General Fund $1,002.49 for the reim- bursement of Tax Increment Financing el- igible expenses. Passed, approved, and adopted this 19th day of July 2021. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk 6. Letter to Iowa Federal Legislators regard- ing Opportunity Zones: City Manager providing a copy of a letter to be sent to Iowa Federal Leg- islators regarding the Opportunity Zone pro- gram. Upon motion the documents were re- ceived and filed. 7. Intent to Apply for 2021 JAG Justice As- sistance Grant Application: City Manager rec- ommended approval to apply for the 2021 JAG Justice Assistant Grant Application. Upon mo- tion the documents were received and filed. 8. First Amendment to Grant Agreement Between the City of Dubuque and K&L Leasing, LLC. for the Rehabilitation of 701 Bluff Street: City Manager recommended approval of a First Amendment to Grant Agreement between the City of Dubuque and K&L Leasing, LLC. for re- habilitation of 701 Bluff Street, which extends the completion date to December 31, 2021. Upon motion the documents were received and filed, and Resolution No. 240-21 Approving the First Amendment to Grant Agreement between the City of Dubuque, Iowa and K&L Leasing, LLC was adopted. RESOLUTION NO. 240-21 APPROVING THE FIRST AMENDMENT TO GRANT AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND K&L LEASING, LLC. Whereas, the City of Dubuque (City) and K&L Leasing, LLC. (Grant Recipient) entered into a Grant Agreement dated October 19, 2020, for the redevelopment of 701 Bluff Street in the City of Dubuque, Iowa (the Project); and Whereas, City and Grant Recipient desire to amend the Grant Agreement as set forth in the attached First Amendment to Grant Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the First Amendment to Grant Agreement between the City of Dubuque, Iowa and K&L Leasing, LLC., a copy of which is attached hereto, is hereby approved. Section 2. That the Mayor is hereby author- ized and directed to execute the First Amend- ment to Grant Agreement on behalf of the City of Dubuque and the City Clerk is authorized and directed to attest to his signature. Section 3. That the City Manager is author- ized to take such actions as are necessary to comply with the terms of the First Amendment to Grant Agreement as herein approved. Passed, approved, and adopted this 191h day of July 2021. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk 9. First Amendment to Grant Agreement Between the City of Dubuque and HG APT, LLC for the Rehabilitation of 2887 Central Avenue: City Manager recommended approval of a First Amendment to Grant Agreement between the City of Dubuque and HG APT, LLC for rehabili- tation of 2887 Central Avenue, which extends the completion date to August 31, 2021. Upon motion the documents were received and filed, and Resolution No. 241-21 Approving the First Amendment to Grant Agreement between the City of Dubuque, Iowa, and HG APT, LLC was adopted. RESOLUTION NO. 241-21 APPROVING THE FIRST AMENDMENT TO GRANT AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND HG APT, LLC Whereas, the City of Dubuque (City) and Jenna Manders entered into a Grant Agree- ment dated September 1, 2020 for the redevel- opment of 2887 Central Avenue in the City of Dubuque, Iowa (the Project); and Whereas, Jenna Manders assigned all of her interest in and to the Grant Agreement to HG APT, LLC as Grant Recipient and Grant Re- cipient accepted such assignment on October 5, 2020; and Whereas, City and Grant Recipient desire to amend the Grant Agreement as set forth in the attached First Amendment to Grant Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the First Amendment to Grant Agreement between the City of Dubuque, Iowa and HG APT, LLC, a copy of which is at- tached hereto, is hereby approved. Section 2. That the Mayor is hereby author- ized and directed to execute the First Amend- ment to Grant Agreement on behalf of the City of Dubuque and the City Clerk is authorized and directed to attest to his signature. 292 Regular Session, July 19, 2021 Book 151 Section 3. That the City Manager is author- ized to take such actions as are necessary to comply with the terms of the First Amendment to Grant Agreement as herein approved. Passed, approved, and adopted this 19th day of July 2021. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk 10. Fiscal Year 2022 Historic Resources Development Program (HRDP) Grant Agree- ment for Dubuque's Black Heritage Survey: City Manager recommended approval of the FY 2022 $30,000 grant agreement through the His- toric Resources Development Program (HRDP) grant program to help the City undertake Dubu- que's Black Heritage Survey. Upon motion the documents were received and filed, and Reso- lution No. 242-21 Approving HRDP Grant Agreement with the Iowa Department of Cul- tural Affairs for Dubuque's Black Heritage Sur- vey was adopted. RESOLUTION NO. 242-21 RESOLUTION APPROVING HRDP GRANT AGREEMENT WITH THE IOWA DEPART- MENT OF CULTURAL AFFAIRS FOR DUBU- QUE'S BLACK HERITAGE SURVEY Whereas, the State Historical Society of Iowa (SHSI) under the Iowa Department of Cul- tural Affairs (IDCA) has allocated Historic Re- sources Development Program (HRDP) grant funds for projects that help to preserve, con- serve, interpret, enhance, and educate the pub- lic about Iowa's historical assets; and Whereas, the City of Dubuque has adopted the 2021 Historic Preservation Commission Workplan which includes Dubuque's Black Her- itage Survey in the goal entitled Surveys: Un- derrepresented Peoples; and Whereas, this project helps support recom- mendations in both the 2037 Imagine Dubuque Comprehensive Plan and the 2021 Equitable Poverty Reduction and Prevention Plan; and Whereas, the City Council has identified im- plementation of the Equitable Poverty Reduc- tion Plan as a Top Priority. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The Mayor is hereby authorized on behalf of the City of Dubuque to sign the FY 2022 HRDP Grant Agreement with the Iowa Department of Cultural Affairs for Dubuque's Black Heritage Survey. Section 2. The Planning Services Manager is hereby authorized as the project manager for the HRDP project. Passed, approved, and adopted this 19th day of July 2021. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk 11. Preliminary Plat of Country View Es- tates: Zoning Advisory Commission recom- mended approval of the Preliminary Plat of Country View Estates. Upon motion the docu- ments were received, filed, and approved. 12. Pre -Annexation Agreement - Ronald W. and Jessalynn J. Breiner, Country View Es- tates: City Manager recommended approval of a Pre -Annexation Agreement with Ronald W. and Jessalynn J. Breiner, property owners, for approximately 83.7 acres of property located along Hales Mill Road (Parcels # 1007200003, 1007200006, 1007300005, 1007300006, 1007400001, 1007400002, 1007400010) lo- cated within two miles of the City of Dubuque corporate limits. Upon motion the documents were received and filed, and Resolution No. 243-21 Approving a Pre -Annexation Agreement between the City of Dubuque, Iowa and Ronald W. and Jessalynn J. Breiner was adopted. RESOLUTION NO. 243-21 APPROVING A PRE -ANNEXATION AGREE- MENT BETWEEN THE CITY OF DUBUQUE, IOWA AND RONALD W. AND JESSALYN J. BREINER Whereas, Ronald W. and Jessalyn J. Breiner, the owners of the following described property in Dubuque County, Iowa (the Prop- erty) have submitted to the City Council of the city of Dubuque an application for voluntary an- nexation of the Property to the City of Dubuque: The south half of the southwest quarter of the northeast quarter; the southeast quarter of the northeast quarter, except Lot 1; Lot 1 of Lot 1 and Lot 2 of Lot 1 in the northeast quarter of the southwest quarter; Lot 1 and Lot 2 in the northwest quarter of the southeast quarter, all in Section 7, Township 89 North, Range 2 East of the 5th P.M., Dubuque County, Iowa. Property Identification Numbers: 1007200003, 1007200006, 1007300005, 1007300006, 1007400001, 1007400002, And 1007400010 Whereas, Ronald W. and Jessalyn J. Breiner have 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 author- izes 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 Book 151 Regular Session, July 19, 2021 293 City of Dubuque, necessary for the future or- derly 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 an- nexation of the Property is in the public interest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The Pre -annexation Agreement by and between Ronald W. and Jessalynn J. Breiner and the City of Dubuque is hereby ap- proved. Passed, approved, and adopted this 19th day of July 2021. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk 13. Pre -Annexation Agreement — Genesis Three Holdings, LLC: City Manager recom- mended approval of a Pre -Annexation Agree- ment with Genesis Three Holdings, LLC., for approximately 31-acre parcel located at 15016 Depot Ridge in Dubuque County, in conjunction with their request to connect to City water. Upon motion the documents were received and filed, and Resolution No. 244-21 Approving a Pre - Annexation Agreement between the City of Dubuque, Iowa and Genesis Three Holdings, LLC was adopted. RESOLUTION NO. 244-21 APPROVING A PRE -ANNEXATION AGREE- MENT BETWEEN THE CITY OF DUBUQUE, IOWA AND GENESIS THREE HOLDINGS, LLC. Whereas, Genesis Three Holdings, LLC., the owner of the following described property located at 15016 Depot Ridge (Parcel # 1507351001) in Dubuque County, Iowa (the Property) have submitted to the City Council of the city of Dubuque an application for voluntary annexation of the Property to the City of Dubu- que: The southwest fractional '/ of the south- west '/4 in Section 7, Township 88 North, Range 2 East of the 5th P.M., in Dubuque County, Iowa, according to the United States Government Survey and the re- spective recorded plats thereof. Whereas, Genesis Three Holdings, LLC. has entered into a Pre -annexation Agreement with the City of Dubuque, a copy of which is at- tached 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 author- izes 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 or- derly 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 an- nexation of the Property is in the public interest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The Pre -annexation Agreement by and between Genesis Three Holdings, LLC. and the City of Dubuque is hereby approved. Passed, approved, and adopted this 19th day of July 2021. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk 14. Pre -Annexation Agreement - Mark J. McClain, Ridge View Acres: City Manager rec- ommended approval of a Pre -Annexation Agreement with Mark J. McClain, property owner, for approximately 23.78 acres of prop- erty located at the intersection of Derby Grange Road and Hales Mill Road, parcels 1007300011 and 1007400006 located within two miles of the City of Dubuque corporate lim- its. Upon motion the documents were received and filed, and Resolution No. 245-21 Approving a Pre -Annexation Agreement between the City of Dubuque, Iowa and Mark J. McClain was adopted. RESOLUTION NO. 245-21 APPROVING A PRE -ANNEXATION AGREE- MENT BETWEEN THE CITY OF DUBUQUE, IOWA AND MARK J. MCCLAIN Whereas, Mark J. McClain, the owner of the following described property in Dubuque County, Iowa (the Property) have submitted to the City Council of the city of Dubuque an appli- cation for voluntary annexation of the Property to the City of Dubuque: Lot 1 in the southwest quarter of the southeast quarter and Lot 3 of Lot 1 in the southeast quarter of the southwest quarter, all in Section 7, Township 89 North, Range 2 East of the 5th P.M., Dubuque County, Iowa Whereas, Mark J. McClain 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 author- izes the voluntary annexation of property in Dubuque County, Iowa and the extension of city limits by voluntary annexation; and 294 Regular Session, July 19, 2021 Book 151 Whereas, the annexation of the Property is consistent with the Comprehensive Plan of the City of Dubuque, necessary for the future or- derly 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 an- nexation of the Property is in the public interest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The Pre -annexation Agreement by and between Mark J. McClain and the City of Dubuque is hereby approved. Passed, approved, and adopted this 19th day of July 2021. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk 15. Final Plat of Ridge View Acres: City Manager recommended approval of the final plat of Ridge View Acres. Upon motion the doc- uments were received and filed, and Resolution No. 246-21 Approving the Final Plat of Ridge View Acres in Dubuque County, Iowa was adopted. RESOLUTION NO. 246-21 APPROVING THE FINAL PLAT OF RIDGE VIEW ACRES IN DUBUQUE COUNTY, IOWA Whereas, there has been filed with the City Clerk a Final Plat of Ridge View Acres; and Whereas, said Final Plat provides for a 22- foot pavement width, where 26-foot paving width for a private street is required by Section 11-15 of Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code; and Whereas, the preliminary plat has been ex- amined by the Zoning Advisory Commission and has its approval endorsed thereon; and Whereas, said Final Plat has been exam- ined by the City Council and they find that it con- forms to the statutes and ordinances relating thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That Section 11-15 of Title 16 of the City of Dubuque Code of Ordinances, Uni- fied Development Code, is waived to allow two 22-foot-wide paved private streets. Section 2. That the City Council hereby waives Sections 11-20 Water Supply, 11-21, Sanitary Sewer, 11-23 Obligation to Install Im- provements, and 11-24 Improvement Guaran- tees. Section 3. That the Final Plat of Ridge View Acres is hereby approved, and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said final plat, provided the owners of said property herein named, execute their written acceptance hereto attached agreeing: a) To construct private street improve- ments in accordance with improvement plans approved by Dubuque County and certified upon completion by a profes- sional engineer licensed by the State of Iowa. b) To maintain the private street im- provements constructed as part of Ridge View Acres until such time as a homeowners' association is formed and is responsible for maintenance of the same. Section 4. That in the event that Mark J. McClain fails to execute the acceptance within 180 days after the date of this Resolution, the provisions hereof shall be null and void and the approval of the plat shall not be effective. Passed, approved, and adopted this 19th day of July 2021. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk 16. Southwest Arterial Project: Dubuque County Intergovernmental 28E Funding Agree- ment Request to Approve Amendment No. 2: City Manager recommended authorization for the mayor to execute Amendment No. 2 to the original 2013 Intergovernmental 28E Funding Agreement with Dubuque County for the South- west Arterial Project. Upon motion the docu- ments were received and filed, and Resolution No. 247-21 Approving an Intergovernmental 28E Funding Agreement Amendment No. 2 be- tween the City of Dubuque and Dubuque County for the Southwest Arterial Project was adopted. RESOLUTION NO. 247-21 APPROVING AN INTERGOVERNMENTAL 28E FUNDING AGREEMENT AMENDMENT NO. 2 BETWEEN THE CITY OF DUBUQUE AND DUBUQUE COUNTY FOR THE SOUTH- WEST ARTERIAL PROJECT Whereas, The City of Dubuque (City) and Dubuque County (County) entered into a 28E Agreement for Allocation of Transportation Funding for the Southwest Arterial Projected, dated the 28th of January 2013 (the Agree- ment), as amended; and Whereas, City and County acknowledge the mutual benefit to partner on the Southwest Ar- terial Project and agree to contribute funding for the Project as set forth herein; and Whereas, City and County acknowledged and agreed that the funding sources, the pro- posed projects, and the funding amounts as outlined in the Agreement are subject to change, however the mutual commitment be- tween the City and County to equally contribute funding for the Southwest Arterial Project to achieve the required 20% local funding obliga- tion in the amount of $7,152,914 to support the completion of the Southwest Arterial Project; Book 151 Regular Session, July 19, 2021 295 and Whereas, City and County agreed to part- ner on the Southwest Arterial Project and agreed to contribute funding as follows: Funding Source, Amount Federal SAFETEA-LU Appropriation (80%), $ 28,611,653 City of Dubuque Funds (10%), $3,576,457 Dubuque County Funds (10%), $3,576,457 Total Project Funding: $ 35,764,567 Whereas, County has agreed to provide ad- ditional funding for the Project as set forth herein; and Whereas, City and County now desire the amend the Agreement set forth herein. NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES AS FOL- LOWS: Section 1. Section 1 of the 28E Agreement is amended to read as follows: Section 1. City and County hereby agree to partner on the Southwest Arterial Project and agree to contribute funding as follow: Funding Source, Amount Federal and State Funds, $ 40,159,577 City of Dubuque Funds, $ 3,985,683 Dubuque County Funds, $ 3,985,682 Total Project Funding: $ 48,130,942 Section 2. Section 3 of the 28E Agreement is amended to read as follows: Section 3. The County's local match funding obligation is as follows: Funding Source, Amount Dubuque County Funds, $ 3,576,457 Amendment #1, $ 89,004 Amendment #2, $ 320,221 Total Dubuque County Funds: $ 3,985,682 Section 4. City agrees to submit to County requests for reimbursement for eligible costs in- curred by City on the Southwest Arterial. Section 5. County agrees to reimburse City for eligible costs incurred by City on the South- west Arterial Project. Passed, approved and adopted this 191h day of July 2021. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk 17. Acceptance of a Grant of Easement for Water Main Utility over James L. Schneider and Sharon M. Schneider Property in Dubuque, Iowa, as part of the Simpson -Southgate Water Main Extension Project: City Manager recom- mended acceptance of a Grant of Easement for Water Main Utility across James L. Schneider and Sharon M. Schneider property being part of the Lot 1-1-1 of Potterveld Place, in the City of Dubuque, Dubuque County, Iowa, as part of the Simpson -Southgate Water Main Extension Pro- ject. Upon motion the documents were received and filed, and Resolution No. 248-21 Accepting a Grant of Easement for Water Main Utility through, over and across part of Lot 1-1-1 of Potterveld Place, in the City of Dubuque, Dubu- que County, Iowa was adopted. RESOLUTION NO. 248-21 ACCEPTING A GRANT OF EASEMENT FOR WATER MAIN UTILITY THROUGH, OVER AND ACROSS PART OF LOT 1-1-1 OF POT- TERVELD PLACE, IN THE CITY OF DUBU- QUE, DUBUQUE COUNTY, IOWA Whereas, James L. Schneider and Sharon M. Schneider, have executed a Grant of Ease- ment for Water Main Utility through, over and across part of Lot 1-1-1 of Potterveld Place, in the City of Dubuque, Dubuque County, Iowa. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts and consents to the Grant of Easement for Wa- ter Main Utility through, over and across part of Lot 1-1-1 of Potterveld Place, in the City of Dubuque, Dubuque County, Iowa as shown on the Grant of Easement for Water Main Utility, from James L. Schneider and Sharon M. Schneider, 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. Section 3. The City Clerk is hereby author- ized to and directed to record this resolution and Grant of Easement for Water Main Utility with the Dubuque County Recorder. Passed, approved, and adopted this 19th day of July 2021. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk 18. 2021 Pavement Marking Project (CIP 3002245): City Manager recommended award of the public improvement construction contract to the only bidder, SELCO, Inc., in the amount of $182,104.92, which is 7.8% under the engi- neer's estimate. Upon motion the documents were received and filed, and Resolution No. 249-21 Awarding Public Improvement Contract for the 2021 Pavement Marking Project was adopted. RESOLUTION NO. 249-21 AWARDING PUBLIC IMPROVEMENT CON- TRACT FOR THE 2021 PAVEMENT MARKING PROJECT Whereas, sealed proposals have been sub- mitted by contractors for the 2021 Pavement Marking Project, (the Project) pursuant to Res- olution No. 213-21 and Notice to Bidders pub- lished on the City of Dubuque, Iowa website and plan room service with statewide circulation on the 25th day of June 2021; and 296 Regular Session, July 19, 2021 Book 151 Whereas, said sealed proposals were opened and read on the 81h day of July 2021 and it has been determined that SELCO, Inc. of Blue Grass, IA submitted low bid in the amount of $182,104.92, and is the lowest responsive, responsible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That a Public Improvement Contract for the Project is hereby awarded to SELCO, Inc. and the City Manager is hereby directed to execute a Public Improvement Contract on behalf of the City of Dubuque for the Project. Passed, adopted, and approved this 19th day of July 2021. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk 19. Chavenelle Road Water Valve Project: City Manager recommended that the award for the Chavenelle Road Water Valve Project be officially recorded in the minutes of the City Council. Upon motion the documents were re- ceived, filed, and made a Matter of Record. 20. Wood Street Sanitary / Water Project: City Manager recommended that the award for the Wood Street Sanitary/Water Project be offi- cially recorded in the minutes of the City Coun- cil. Upon motion the documents were received, filed, and made a Matter of Record. 21. Snow Removal Assessment: City Man- ager recommended City Council approval of a resolution providing for the establishment of the final assessments for the 2020-2021 Snow Re- moval from City Right -of -Way. Upon motion the documents were received and filed, and Reso- lution No. 250-21 Adopting the Final Assess- ment Schedule for the 2020 — 2021 Snow Re- moval Assessment — Right -Of -Way Obstruction Removal Assessment Project was adopted. RESOLUTION NO. 250-21 ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR THE 2020 — 2021 SNOW REMOVAL ASSESSMENT — RIGHT-OF-WAY OBSTRUCTION REMOVAL ASSESSMENT PROJECT NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: After full consideration, the Final Schedule of Assessments as shown on the attached sheet(s), Page 1 and 2 inclusive; is hereby ap- proved for the Snow Removal Assessment — Right -of -Way Obstruction Removal Assess- ment Project. There is hereby assessed and levied as a special tax against and upon each of the bene- fited properties, the respective sums indicated. The amounts shown in said Final Schedule of Assessments as deficiencies are found to be proper and levied conditionally against the re- spective properties benefited by the improve- ments as shown in the Final Schedule of As- sessments, subject to the provisions of Iowa Code § 364.12. Said assessments against said lots are hereby declared to be in proportion to the special benefits conferred and not in excess of twenty-five percent of the value of same. The City Clerk be and is hereby directed to certify the Final Schedule of Assessments to the County Treasurer of Dubuque County, Iowa, and to publish notice of said certification once each week for two consecutive weeks in the manner provided in Iowa Code § 362.3, the first publication of which shall be not more than fifteen days from the date of filing of the Final Schedule of Assessments. On or before the date of the second publication of the notice, the City Clerk shall also mail a copy of said notice to property owners whose property is subject to assessment, as provided in Iowa Code § 384.60. The assessments may be paid in full or in part without interest at the office of the City Treasurer, City Hall, 50 W. 13th Street, Dubu- que, Iowa, at any time within 30 days after the date of the first notice of the Final Schedule of Assessments. Thereafter, unpaid assessments are payable at the County Treasurer's Office, Dubuque County Courthouse, 720 Central Av- enue, Dubuque, Iowa, and will draw annual in- terest at three percent (3%) computed to De- cember 1 next following the due dates of the re- spective installments as provided in Section 384.65 of the Code of Iowa. Each installment will be delinquent from October 1 following its due date on July 1 of each year. However, when the last day of September is a Saturday or Sun- day, that amount shall be delinquent from the second business day of October. Unpaid bal- ances will draw the same delinquent interest as ordinary taxes. Passed, approved, and adopted this 19th day of July 2021. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk Sidewalk Removal Assessments Final Assessment Property Owner Name, Lot Description, Parcel Number, Street Address, Valuation with Improvement, Sidewalk Assessment, Admin Fee, Total Assessment Ackley, Rick and Dianne M, Lot 1 Blk 1 Fremont Heights, 1034484018, 874 Barbaralee Dr, $262,490.00, $72.00, $25.00, $97.00 Amber LLC, Lots 16 and 17 Pinehurst, 1023466001, 1450 Loras Blvd, $189,740.00, $80.50, $25.00, $105.50 Aronson, Mark E, Lot 1-2-1-2 of Min Lot 345, 1014437013, 684 Kane St, $139,020.00, $80.50, $25.00, $105.50 Book 151 Regular Session, July 19, 2021 297 AW KM Properties LLC, Lot 2, N 15' Lot 1, M Bal of Lot 1, and Lot 3 Exc the Sly 8 3/4" Ely 53' 8 3/4", All in Blk 6 Dubuque Downtown Plaza, 1025237008, 485 Central Ave, $271,900.00, $356.00, $100.00, $456.00 Becker, Kurt H, Lot 3 A Stine's Sub, 1013411006, 2516 Stafford St, $64,540.00, $63.50, $25.00, $88.50 Betwell, Romen and Naidrik and Atmila, Ne 50' of Lot 19 and NE 50' Of Lot 21 Wickes' Add, 1118351001, 1024 Rhomberg Ave, $114,300.00, $80.50, $25.00, $105.50 Breithaupt, Megan L, Lots 2-2-2-24 and 2- 1-1-1-25 Quigley's Sub, 1026184002, 160 N Al- gona St, $145,070.00, $72.00, $25.00, $97.00 Brimeyer, Kay J, E 85' of E 170' of Lot 333 Davis Farm Add, 1013105014, 3055 Jackson St, $87,670.00, $135.50, $50.00, $185.50 Clark, Judson P and Sharon K, Lot 88 McCraney's 1st Add, 1118305009, 1302 Lincoln Ave, $102,850.00, $114.50, $25.00, $139.50 Data, Cory L, Lot 2-63 Cooks Add, 1013486006, 2105 Windsor Ave, $51,520.00, $80.50, $25.00, $105.50 Delaney, Joel T, Lot 75 McCraney's 1 st Add, 1118159001, 1422 Lincoln Ave, $120,090.00, $63.50, $25.00, $88.50 Dubuque Holdings Inc, Lot 2 A Stine's Sub, 1013411005, 2520 Stafford St, $79,710.00, $63.50, $25.00, $88.50 Dubuque Property Investments LLC, Lot 9 Lenox Add, 1027279029, 2639 University Ave, $244,380.00, $72.00, $25.00, $97.00 Eichstadt, Alexander Lee and Andress, S 20'-S 47'-W 1 /2-S 1 /5 of City Lot 454, 1024403007, 1504 Iowa St, $33,720.00, $63.50, $25.00, $88.50 Ernst, Daniel J and Kass, Zachary D, Lot 1- 6 Lawrence Dubuque, 1026227025, 1209 Uni- versity Ave, $99,550.00, $80.50, $25.00, $105.50 GRTD Investments LLC, E 1/2-Lot 30 L H Langworthy's Add, 1024202011, 2249 Jackson St, $49,800.00, $72.00, $25.00, $97.00 Hanen, Shawn C and Christina M, W 1/2-S 1/2-Lot 18 and W 1/2- N 1/4-Lot 16P L H Lang - worthy's Add, 1024130003, 2286 Central Ave, $65,620.00, $127.00, $50.00, $177.00 Harris, Joseph R, Lot 8 Blk 10A Key Knolls Sub, 1021453002, 1886 Hansel Dr, $144,990.00, $190.50, $75.00, $265.50 Hartung, Adrian J, Lot 20 Blk 4 Sunset Park #2, 1021252056, 2129 Graham Cir, $140,100.00, $80.50, $25.00, $105.50 Heins, Nolan R, Lot 1 Bee Branch No. 6, 1013460043, 2320 Washington St, $96,970.00, $135.50, $50.00, $185.50 Hemenway, Elizabeth S, Lot 221 Woodlawn Park, 1023382001, 1730 N Algona St, $82,330.00, $135.50, $50.00, $185.50 Horsfall, Shane M, Lot 1-7 Blk 4 Sunset Park Sub, 1016483009, 2538 Waller St, $141,270.00, $80.50, $25.00, $105.50 Johnson, Evan P and O'Connell, Kelly Anne, Lots 35, 1-34, and 2-34 Althusser's Sub, 1013431009, 2265 Eagle St, $131,000.00, $169.50, $50.00, $219.50 Judge Real Estate LLC, Lot 1 Blk 4 Key Knolls Sub, 1021461027, 1702 Richie Dr, $121,820.00, $80.50, $25.00, $105.50 Kalb, Frank A, Lot 1-55 Oxford Hgts. and Lot 2-56 Oxford Hgts, 1025106024, 715 Alta Vista St, $128,470.00, $72.00, $25.00, $97.00 Kammiller Rental Properties LLC, Lot 1 G. Martin's Sub, 1025178001, 500 Hill St, $140,200.00, $80.50, $25.00, $105.50 Keller, Jesse J and Laura L, Lot 1 of S 50' of 1-2-2 of City Lot 678 and Lot 1-2-2-2 of City Lot 678, 1024180024, 1805 Madison St, $100,040.00, $152.50, $50.00, $202.50 Kelley, Brian E, E 40'6" of Lot 4 Griggs Sub, 1026181020, 1905 Bennett St, $98,760.00, $190.50, $75.00, $265.50 Key City Investment Co, Lot 2 of Westview Shopping Center Place #3, 1021477011, 1785 John F Kennedy Rd, $905,490.00, $152.50, $50.00, $202.50 King, Ryan D and Rebecca L, S 92'6" of Lot 791 A McDaniel's Sub, 1024378013, 609 Chestnut St, $141,650.00, $127.00, $50.00, $177.00 King, Ryan D and Rebecca L, S 87' of W 3'6" Lot 789 and S 87' Lot 790 A McDaniel's Sub, 1024378014, Chestnut St, $12,140.00, $135.50, $50.00, $185.50 KMY LLC, Lot 1 A Stine's Sub, 1013411004, 2524 Stafford St, $59,000.00, $63.50, $25.00, $88.50 Kramerica Properties LLC (Attn: Francis J Lange), S 100' - W 61' - S 1/2 - Lot 822 A McDaniel's Sub, 1024381018, 641 W 11th St, $129,800.00, $89.00, $25.00, $114.00 Laugesen, Austin M, N 86' Lot 3 Ldylewilde Hgts, 1023466003, 1410 Loras Blvd, $141,440.00, $63.50, $25.00, $88.50 Laugesen, Austin M, Lot 4 and E 40' of Lot 3 Edna Ferris Sub, 1023377007, 1881 N Grandview Ave, $148,400.00, $80.50, $25.00, $105.50 Mauk, Cathy F, Lot 3 Mc Craney's 2"d Add, 1118351013, 1009 Garfield Ave, $111,590.00, $63.50, $25.00, $88.50 Mc Enery, John W, Lot 2-1-2-30 Ann O'Hare's Sub, 1026252024, 1715 W 3rd St, $118,410.00, $144.00, $50.00, $194.00 McStac Properties LLC, Lots 7 and 8 Kings Grove Add, 1013312006, 2629 Broadway St, $61,700.00, $63.50, $25.00, $88.50 Merchant, Corinna M, SW 1/2 of Lot 308 Hams Add, 1107457006, 2214 Rhomberg Ave, $99,500.00, $149.25, $25.00, $174.25 Mid -America Property Management LLC, Lot 11 Quigley's Sub of 710, 1024159009, 568 W Locust St, $122,140.00, $72.00, $25.00, $97.00 Mueller, Alan D and Dement, Ann M, Lot 1 298 Regular Session, July 19, 2021 Book 151 Sub Lots 16, 17, 18, 19 and 20 Rockdale, 1501132002, 1846 Old Mill Rd, $89,440.00, $72.00, $25.00, $97.00 Nieves, Jorge Fonseca, Lot 2 Swift Place, 1107105012, 3001 Stellar Eagle Dr, $122,930.00, $72.00, $25.00, $97.00 Nottingham Properties LLC, Lot 2-2-20 and Lot 1-1-1-21 Mills West Dubuque, 1023377003, 1840 N Algona St, $63,400.00, $199.00, $75.00, $274.00 Page, Mark J, Lot 15 Rockdale, 1501132001, 1834 Old Mill Rd, $91,570.00, $72.00, $25.00, $97.00 Paul, Jacob R, Lot 2-810 A McDaniel's Sub, 1024340003, 1360 Dell St, $56,530.00, $199.00, $75.00, $274.00 Pitzen, Rick G and Teri L, Lot 1-7 and Lot 2- 1 -A Blk 10 Sunrise Heights, 1014177009, 2935 Wildwood Dr, $145,610.00, $63.50, $25.00, $88.50 Pope, Timothy P and Joyce B, Lots 1 and E1' Lot 2 Farley's Sub, 1024386005, 560 W 11T" St, $225,760.00, $72.00, $25.00, $97.00 Pottebaum, Ricky and May, Liesl DBA RandL Construction, Lot 11 - E. 1/2 - City Lot 655 and Lot 2-1A Lorimer Sub, 1024457023, 945 Bluff St, $77,780.00, $63.50, $25.00, $88.50 Puccio, Tamara Rae, Ne 46.4' of Lot 4 Hooper's Add, 1118353012, 917 Garfield Ave, $85,570.00, $80.50, $25.00, $105.50 RBNG LLC, Lot 2-1-25 In Quigley's Sub, 1026184001, 196 N Algona St, $135,630.00, $197.00, $50.00, $247.00 RBNG LLC, S 1/2 of Lots 1 and 2 Davis Sub, 1026182002, 388 N Algona St, $120,420.00, $127.00, $50.00, $177.00 Red Owl Investments LLC, Lot 1-1 Bowens Sub, 1024179005, 450 W Locust St, $33,480.00, $72.00, $25.00, $97.00 Roussel, William J Jr and Summer, Lot 309 Hams Add, 1107457008, 2220 Rhomberg Ave, $116,030.00, $163.00, $25.00, $188.00 Schneider, Jason M, Lot 2 Schneider Place, 1501101018, Kelly Ln, $19,600.00, $80.50, $25.00, $105.50 Sheets, Elizabeth, Lot 2-182, 2-183, 2-184 Finley Add, 1023354003, 1850 Finley St, $74,120.00, $72.00, $25.00, $97.00 Spirit Master Funding II LLC, Lot 1 Blk 19 and Lot 2-1 Blk 21 Key Knolls Sub, 1021426005, 2075 John F Kennedy Rd, $373,800.00, $161.00, $50.00, $211.00 Steinlage, Michael J and Maria E, Lot 1-1- 28 Bellevue Add, 1013401020, 2527 Queen St, $56,870.00, $63.50, $25.00, $88.50 Steinlage, Michael J and Maria E, Lot 1-19 Audubon Add and Lot 2-1-28 Bellevue Add, 1013401019, 2529 Queen St, $69,500.00, $63.50, $25.00, $88.50 Steinlage, Michael J and Maria E, Lot 2-28 Bellevue Add, 1013401021, Queen St, $7,720.00, $63.50, $25.00, $88.50 Swartz, Matthew J, Lot 19 Lenox Add, 1027277011, 2701 University Ave, $82,750.00, $72.00, $25.00, $97.00 Three M Rentals LLC, S 11 8'Lot 12 Hodges Sub, 1026251018, 1807 Bennett St, $95,470.00, $63.50, $25.00, $88.50 Vize, Jo Ann K, Lot 145 Finley Waples and Burton, 1027233008, 2559 University Ave, $127,900.00, $72.00, $25.00, $97.00 Wilwert, Brandon, Lot 3 Buseman and Eberl's Sub, 1023276027, 809 Clarke Dr, $88,670.00, $224.50, $75.00, $299.50 22. Signed Contract(s): American Queen Steamboat Company Inc. for Docking Agree- ment at the Port of Dubuque - American Trust River's Edge Plaza; Celebration Belle for Dock- ing Agreement at Port of Dubuque - Alliant Plaza Docking Facility; Robin Dodd for man- agement of Miller Riverview Park and Campground and Dubuque Water Sports Club; Morton Salt, Inc for Public Works Ice Control Road Salt; WHKS and Co. for the Burlington and National Water Main Replacement Project 2021. Upon motion the documents were re- ceived and filed. 23. Housing and Community Development Director Alexis Steger featured in bizTimes: City Manager providing a copy of the July 2021 issue of bizTimes in which Housing and Com- munity Development Director Alexis Steger is featured. Upon motion the documents were re- ceived and filed. 24. Alcohol and Tobacco License Applica- tions: City Manager recommended approval of annual liquor, beer, wine and tobacco license applications as submitted. Upon motion the documents were received and filed, and Reso- lution No. 251-21 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 Licenses and Permits and Resolution No. 252- 21 Approving applications for retail cigarette/to- bacco sales/nicotine/vapor permits, as required by Iowa Code Chapter 453A.47A were adopted. RESOLUTION NO. 251-21 APPROVING APPLICATIONS FOR BEER, LIQUOR, AND/OR WINE PERMITS, AS RE- QUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LI- CENSE REGULATIONS, CHAPTER 2 LIQ- UOR CONTROL, ARTICLE B LIQUOR, 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 Book 151 Regular Session, July 19, 2021 299 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 author- ized and directed to cause to be issued the noted permit types to the following applicants pending submission of the locally required doc- umentation: Renewals 1st and Main, 101-113 Main St. Applebee's Neighborhood Grill and Bar, 1395 Associates Dr. Downtown Billiards, 1850 Central Ave. Fas Mart # 5159, 2175 Central Ave. House of China Co, 170 John F. Kennedy Rd. Hy-Vee Club Room, 2395 NW Arterial Keywest Conoco, 2150 Twin Valley Dr. Kwik Star #495, 2685 Dodge St. Kwik Stop C-Stores, 2335 University Ave. The Lift, 180 Main St. Vinny Vanucchi's Little Italy, 164 Main St. Walnut Tap Tavern, 709 University Ave. Special Event(s) per Special Event Application Submittal Dubuque Main Street, Town Clock Plaza 700 Main St. Jubeck New World Brewing, Midweek Market 115 W. 111" St. Diamond Jo Casino, Backwater Stage 301 Bell St. Passed, approved, and adopted this 19"' day of July 2021. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk RESOLUTION NO. 252-21 APPROVING APPLICATIONS FOR RETAIL CIGARETTE / TOBACCO SALES / NICOTINE / VAPOR PERMITS, AS REQUIRED BY IOWA CODE 453A.47A Whereas, applications for Cigarette/To- bacco Sales 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 other- wise 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 author- ized and directed to cause to be issued the fol- lowing named applicants and locations for cig- arette/tobacco sales permit. Business Name, Business Address Family Dollar #32889, 2600 Dodge St. Fuel Express Food Mart, 250 West 1s' St. Passed, approved, and adopted this 191h day of July 2021. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant 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 as recommended by the City Manager. Seconded by Sprank. Mo- tion carried 7-0. Request no 1 to schedule a Public Hearing on Simmons Pet Food, Inc.: Subordination of Consent Rights Under Development Agree- ment, Payment Direction and Estoppel Certifi- cate: Upon motion the Resolution No. 253-21 Intent to dispose of an interest in real property by Subordination of Consent Rights Under De- velopment Agreement, Payment Direction and Estoppel Certificate with Simmons Pet Foods, Inc. and Request no. 2 to schedule a Public Hearing on Orchard Drive, Cider Ridge and Jonathan Dr. Water Main Project 2021: Initiate Public Bidding and Set the Public Hearing Date: Upon the same motion Resolution No. 254-21 Preliminary approval of plans, specifications, form of contract, and estimated cost; setting date of public hearing on plans, specifications, form of contract, and estimated cost; and order- ing the advertisement for bids were adopted setting both public hearings for a meeting to commence at 6:30 p.m. on August 2, 2021. RESOLUTION NO. 253-21 INTENT TO DISPOSE 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 Devel- opment Agreement (the Agreement) with Sim- mons Pet Foods, Inc. (Simmons) for the prop- erty legally described as follows: Lot 4, Lot 5 and Lot 5A of Dubuque In- dustrial Center South First Addition in the City of Dubuque, Iowa (the Prop- erty); and Whereas, the Agreement between City and Simmons provides in Section 6.10 as follows: 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 300 Regular Session, July 19, 2021 Book 151 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' Mortgage pursuant to the at- tached Subordination of Consent Rights Under Development Agreement, Payment Direction and Estoppel Certificate attached hereto; and Whereas, the Simmons' Mortgage and the Subordination of Consent Rights Under Devel- opment Agreement, Payment Direction and Es- toppel Certificate have been reviewed and ap- proved by the City Attorney's Office; and Whereas, the City Council of City believes it is in the best interests of City to approve the Subordination of Consent Rights Under Devel- opment Agreement, Payment Direction and Es- toppel Certificate. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of City, intends to dispose of City's interest in the foregoing -de- scribed real property pursuant to the Subordi- nation of Consent Rights Under Development Agreement, Payment Direction and Estoppel Certificate. Section 2. The City Clerk is hereby author- ized and directed to cause this Resolution and a Notice to be published as prescribed by Iowa Code §364.7 of a public hearing on City's intent to dispose of the foregoing -described real prop- erty, to be held on the 2nd day of August 2021, at 6:30 o'clock p.m. in the City Council Cham- bers at the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa Passed, approved and adopted this 19th day of July 2021. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk RESOLUTION NO. 254-21 THE ORCHARD DR., CIDER RIDGE AND JONATHAN DR. WATER MAIN PROJECT 2021 PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPECIFICA- TIONS, FORM OF CONTRACT, AND ESTI- MATED COST; AND ORDERING THE AD- VERTISEMENT FOR BIDS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: The proposed plans, specifications, form of contract and estimated cost for the Orchard Dr. and Cider Ridge and Jonathan Dr. Water Main Project 2021 in the amount of $305,065, are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspec- tion. A public hearing will be held on the 2nd day of August, 2021, at 6:30 p.m. in the Historic Federal Building Council Chambers (second floor) 350 W. 6th Street, Dubuque, Iowa, at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be pub- lished in a newspaper having general circula- tion in the City of Dubuque, Iowa, which notice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, form of contract, or esti- mated cost of the Project. The Orchard Dr. and Cider Ridge and Jon- athan Dr. Water Main Project 2021 Project is hereby ordered to be advertised for bids for construction. The amount of the security to accompany each bid shall be in an amount which shall con- form to the provisions of the Notice to Bidders hereby approved. The City Water Department Manager is hereby directed to advertise for sealed bids for the construction of the improvements herein provided, by publishing the Notice to Bidders to be published on the City of Dubuque website and a contractor plan room service with statewide circulation, which notice shall be pub- lished not less than thirteen but not more than forty-five days before the date for filing bids be- fore 2:00 p.m. on the 9th day of August 2021. Bids shall be opened and read by the City Clerk at said time and will be submitted to the City Council for final action at 6:00 p.m. on the 16th day of August 2021, in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa. Passed, adopted and approved this 19th day of July 2021. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk BOARDS/COMMISSIONS 1. Appointments were made to the following boards/commissions. i. Motion by Jones to appoint Danita Grant, 2479 LaVista Ct. to One, 3-Year term through February 15, 2024 (Vacant term of Wainwright) on the Community Development Advisory Com- mission. Seconded by Farber. Motion carried 7- 0. Upon Council concurrence, Mayor Buol ap- pointed Greg Gorton, 1295 Prairie St. to One, 4-Year term through July 1, 2025 (Expiring term of Gorton) on the Library Board of Trustees. Book 151 Regular Session, July 19, 2021 301 PUBLIC HEARINGS 1. Request to Rezone Lot D of Rustic Point Estates (End of Lasso Court) - Quasi -Judicial Rezoning Request: Proof of publication on no- tice of public hearing to consider City Council approval of a request from Buesing and Asso- ciates, Inc. to rezone property 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. 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 sus- pended. Developer and owner of Vintage -Co- operatives, Jeff Ewing and Patrick Norton rep- resenting Buesing and Associates responded to many questions by the City Council. Se- conded by Resnick. Motion failed 4-3 with Far- ber, Roussell, and Resnick voting nay. Motion by Jones to receive, file, and ap- prove the first reading of a proposed ordinance amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, re- zoning 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. Se- conded by Resnick. Motion carried 7-0. ACTION ITEMS 1. Chavenelle Road - Northwest Arterial to Radford Road Reconstruction Project: City Manager recommended award of the construc- tion contract to the low bidder, Horsfield Con- struction, Inc., in the amount of $1,864,873.50, which is 29.35% under the estimate of probable cost. Motion by Cavanagh to receive and file the documents and adopt Resolution No. 255-21 Awarding Public Improvement Contract for the Chavenelle Road — NW Arterial to Radford Road Reconstruction Project. Seconded by Farber. Motion carried 6-0 as Council Member Jones had stepped away from the dais momen- tarily. RESOLUTION NO. 255-21 AWARDING PUBLIC IMPROVEMENT CON- TRACT FOR THE CHAVENELLE ROAD — NW ARTERIAL TO RADFORD ROAD RECON- STRUCTION PROJECT Whereas, sealed proposals have been sub- mitted by contractors for Chavenelle Road — NW Arterial to Radford Road Reconstruction Project, (the Project) pursuant to Resolution No. 191-21 and Notice to Bidders published on the City of Dubuque, Iowa website and plan room service with statewide circulation on the 10th day of June 2021; and Whereas, said sealed proposals were opened and read on the 8th day of July 2021 and it has been determined that Horsfield Con- struction, Inc. of Epworth, Iowa, submitted low bid in the amount of $1,864,873.50, and is the lowest responsive, responsible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That a Public Improvement Contract for the Project is hereby awarded Horsfield Construc- tion, Inc and the City Manager is hereby di- rected to execute a Public Improvement Con- tract on behalf of the City of Dubuque for the Project. Passed, adopted, and approved this 19th day of July 2021. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk 2. City Utility Bill Delinquency, Returning to Normal Operations: City Manager recom- mended a process to use federal American Rescue Plan Act (ARPA) funds to assist with certain overdue City utility accounts and return the Water/City Utility Billing Department to nor- mal operations. Motion by Cavanagh to receive and file the documents and approve. City Staff Responded to questions from the City Council. Seconded by Roussell. Motion Carried 7-0. 3. Rebuilding America's Infrastructure with Sustainability and Equity (RAISE) Infrastructure Planning Grant Application: City Manager rec- ommended approval to submit a $2,112,000 application to the U.S. Department of Transpor- tation for the Rebuilding America's Infrastruc- ture with Sustainability and Equity (RAISE) In- frastructure Planning Grant to assist with the planning and design of a multimodal transpor- tation corridor project for proposed improve- ments to the Elm Street corridor, the 16th Street corridor, and the proposed 14th Street Railroad Overpass bridge project. Motion by Resnick to receive and file the documents and adopt Res- olution No. 256-21 Approving application for Rebuilding America's Infrastructure with Sus- tainability and Equity (RAISE) Grant Funding for the planning and design of a Multimodal Transportation Corridor Project for proposed improvements to the Elm Street Corridor, 16th Street Corridor and the proposed 14th Street Railroad Overpass Project. Staff responded to questions from the City Council. Seconded by Farber. Motion carried 7-0. RESOLUTION NO. 256-21 APPROVING APPLICATION FOR REBUILD- ING AMERICA'S INFRASTRUCTURE WITH SUSTAINABILITY AND EQUITY (RAISE) GRANT FUNDING FOR THE PLANNING AND 302 Regular Session, July 19, 2021 Book 151 DESIGN OF A MULTIMODAL TRANSPORTA- TION CORRIDOR PROJECT FOR PRO- POSED IMPROVEMENTS TO THE ELM STREET CORRIDOR, 16TH STREET CORRI- DOR AND THE PROPOSED 14TH STREET RAILROAD OVERPASS PROJECT Whereas, the City proposes a multimodal transportation corridor project that will improve safety, drive economic competitiveness, im- prove quality of life, address the negative im- pacts of climate change, and foster a more sus- tainable, equitable and resilient Dubuque; and Whereas, RAISE Planning funds will be used to plan and design Complete Street corri- dors and five roundabouts along the intersect- ing Elm Street and 16th Street Corridors; and Whereas, RAISE Planning funds will be used to plan and design a new pedestrian/bike shared use path adjacent to the existing 16th Street Peosta Channel bridge to Chaplain Schmitt Island; and Whereas, the Canadian Pacific (CP) Rail- road travels through the urban core of the City with numerous at -grade crossings on local city streets in the downtown area; and Whereas, approximately 8-10 trains pass- ing through Dubuque on a daily basis severely impedes the ability for pedestrians, vehicles, commercial traffic and emergency responders to access the northeast segment of the City; and Whereas, RAISE Planning funds will be used to plan and design a new vehicular and pedestrian overpass at the 14th Street railroad tracks to reduce train -related delays that impair the safe and efficient movement of people and freight to the city's most promising areas of eco- nomic revitalization; and Whereas, the City's Long Range Transpor- tation Plan includes the proposed multimodal transportation corridor projects; and Whereas, the City of Dubuque will submit a RAISE grant application for $2,112,000 to as- sist with the planning and design of a multi - modal transportation corridor project; and Whereas, the Application requires that the City Council agree to provide and make availa- ble up to $1,408,000 in local funding to be used for the local match requirement of the RAISE grant application; and Whereas, the City must establish an author- ized representative able to execute on behalf of the City of Dubuque for the proposed improve- ments to the Elm Street corridor, the 16th Street corridor, and the 14th Street Railroad Overpass project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA AS FOLLOWS: Section 1. Approving the City's application for $2,112,000 in Rebuilding America's Infra- structure with Sustainability and Equity (RAISE) Grant funding to assist with the planning and design of a multimodal transportation corridor project for proposed improvements to the Elm Street corridor, the 16th Street corridor, and the proposed 14th Street Railroad Overpass Pro- jects. Section 2. Approving the City's commitment to provide $1,408,000 in local funding to be used for the local match requirement of the RAISE grant application. Section 3. Establishing the City Manager as the City's authorized representative regarding the grant. Passed, approved, and adopted this 19th day of July 2021. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk 4. Intent to Apply for National Endowment for the Arts American Rescue Plan Local Arts Agencies for Subgranting Funding Program: City Manager recommended approval to submit a $500,000 grant application to the National En- dowment for the Arts (NEA) American Rescue Plan (ARP) Local Arts Agencies for Subgrant- ing funding program. Motion by Roussell to re- ceive, file, and approve. Seconded by Cavanagh. Motion carried 7-0. 5. Fiscal Year 2022 Arts and Culture Special Projects Grant Funding Recommendation: City Manager recommended City Council concur- rence with the Arts and Cultural Affairs Advisory Commission's recommendations to fund the FY 2022 Special Project grant applications. Motion by Jones to receive, file, and concur. Seconded by Resnick. Motion carried 7-0. 6. Agreement with Community Solutions of Eastern Iowa for Rapid Rehousing: City Man- ager recommended City Council approval of an Agreement with Community Solutions of East- ern Iowa for an expanded Rapid Rehousing Program with CARES Act funds allocation of $163,968. Motion by Cavanagh to receive and file the documents and adopt Resolution No. 257-21 Approving an Agreement with Commu- nity Solutions of Eastern Iowa for the Rapid Re- housing Program. Seconded by Sprank. Motion carried 7-0. RESOLUTION NO. 257-21 APPROVING AN AGREEMENT WITH COM- MUNITY SOLUTIONS OF EASTERN IOWA FOR THE RAPID REHOUSING PROGRAM Whereas, the City of Dubuque and Commu- nity Solutions of Eastern Iowa (CSEI) wish to enter into an agreement for the expansion of CSEI Rapid Rehousing Program; and Whereas, the City of Dubuque was awarded $521,468 in CDBG-CV funds from the State of Iowa to prevent, prepare for and respond to COVID-19; and Whereas, Rapid rehousing is an essential Book 151 Regular Session, July 19, 2021 303 service to preventing the continued spread of COVID-19 and respond to the effects it has had on the income of Dubuque residents; and Whereas, the agreement allocated $163,968 of CDBG-CV funds to CSEI to ex- pand their rapid rehousing efforts. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA, AS FOLLOWS: Section 1. The City Council approves the agreement with Community Solutions of East- ern Iowa for the expansion of the rapid rehous- ing program. Section 2. The City Council authorizes the City Manager or the City Manager's designee to manage the agreement and act in accordance with the terms of the agreement. Passed, approved, and adopted this 19th day of July 2021. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk 7. Proceedings for Directing Sale of $3,720,000 Water Revenue Refunding Bonds, Series 2021 C and Awarding Bonds to Best Bid- der: City Manager recommended City Council approval of the suggested proceedings for di- recting sale of the $3,720,000 Water Revenue Refunding Bonds, Series 2021 C and awarding bonds to the best bidder. Motion by Jones to re- ceive and file the documents and adopt Reso- lution No. 258-21 Directing Sale of $3,720,000* (subject to adjustment per terms of offering) Water Revenue Refunding Bonds, Series 2021 C and Resolution No. 259-21 Authorizing the redemption of outstanding Water Revenue Bonds, Series 2008D, of the City of Dubuque, State of Iowa, dated November 4, 2008, and di- recting notice be given and Resolution No. 260- 21 Authorizing the redemption of outstanding Water Revenue Bonds, Series 2010D, of the City of Dubuque, State of Iowa, dated Septem- ber 21, 2010, and directing notice be given. Se- conded by Farber. Motion carried 7-0. RESOLUTION NO. 258-21 DIRECTING SALE OF $3,720,000* (SUBJECT TO ADJUSTMENT PER TERMS OF OFFER- ING) WATER REVENUE REFUNDING BONDS, SERIES 2021C Whereas, bids have been received for the Bonds described as follows and the best bid re- ceived (with permitted adjustments, if any) is determined to be the following: $3,720,000* (Subject to adjustment per terms of offering) Water Revenue Refunding Bonds, Series 2021 C Bidder: Robert W. Baird and Co., Inc. of Red Bank, NJ The terms of award: Final Par Amount as adjusted: $3,720,000.00 Purchase Price as adjusted: $3,889,881.35 True Interest Rate: 1.037883% Net Interest Cost: $195,705.32 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, STATE OF IOWA: That the bid for the Bonds as above set out is hereby determined to be the best and most favorable bid received and, the Bonds are hereby awarded as described above. That the statement of information for Bond bidders and the form of contract for the sale of the Bonds are hereby approved and the Mayor and Clerk are authorized to execute the same on behalf of the City. That the notice of the sale of the Bonds heretofore given and all acts of the Clerk done in furtherance of the sale of the Bonds are hereby ratified and approved. Passed and approved this 19th day of July 2021. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk RESOLUTION NO. 259-21 AUTHORIZING THE REDEMPTION OF OUT- STANDING WATER REVENUE BONDS, SE- RIES 2008D, OF THE CITY OF DUBUQUE, STATE OF IOWA, DATED NOVEMBER 4, 2008, AND DIRECTING NOTICE BE GIVEN Whereas, the City did by resolution dated October 20, 2008, authorize the issuance of $1,195,000 Water Revenue Bonds, Series 2008D, (the "Bonds") dated November 4, 2008; and Whereas, the Bonds are redeemable in any order of their numbering on June 1, 2016, or any date thereafter upon giving notice in the manner provided in the resolution authorizing the issuance of the Bonds; and Whereas, it is deemed necessary and ad- visable that $215,000 be so redeemed on Au- gust 23, 2021, and notice of redemption be given according to the terms of the resolution authorizing issuance of the Bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, STATE OF IOWA: Section 1. That outstanding Water Revenue Bonds dated November 4, 2008, in the principal amount of $215,000, be and the same are hereby redeemed as of August 23, 2021. Section 2. The Registrar and Paying Agent, UMB Bank, N.A., as successor to Wells Fargo Bank, N.A., is hereby authorized and directed to cause notice of such redemption be given not less than thirty (30) days prior to the redemption date and to cause notice of redemption to be mailed to the registered owners of the Bonds by ordinary mail, and to notify DTC. Section 3. The Director of Finance and Budget is hereby authorized and directed to cause to be deposited in a separate fund such 304 Regular Session, July 19, 2021 Book 151 sum as is sufficient to pay all principal and in- terest on the redeemed Bonds to the date of re- demption and to notify the City's dissemination agent to post the Notice of Redemption to the MSRB's website (EMMA) in searchable PDF format for the refunded Bonds in accordance with the Continuing Disclosure Certificate for the Bonds. Section 4. That the form of such notice be substantially as [provided]. Passed and approved this 19th day of July 2021. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk RESOLUTION NO. 260-21 AUTHORIZING THE REDEMPTION OF OUT- STANDING WATER REVENUE BONDS, SE- RIES 2010D, OF THE CITY OF DUBUQUE, STATE OF IOWA, DATED SEPTEMBER 21, 2010, AND DIRECTING NOTICE BE GIVEN Whereas, the City did authorize the issu- ance of $5,700,000 Water Revenue Bonds, Se- ries 2010D, (the "Bonds") dated September 21, 2010; and Whereas, the Bonds are redeemable in any order of their numbering on June 1, 2017, or any date thereafter upon giving notice in the manner provided in the resolution authorizing the issuance of the Bonds; and Whereas, it is deemed necessary and ad- visable that $3,610,000 be so redeemed on Au- gust 23, 2021, and notice of redemption be given according to the terms of the resolution authorizing issuance of the Bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, STATE OF IOWA: Section 1. That outstanding Water Revenue Bonds dated September 21, 2010, in the princi- pal amount of $3,610,000, be and the same are hereby redeemed as of August 23, 2021. Section 2. The Registrar and Paying Agent, UMB Bank, N.A, as successor to Wells Fargo Bank, N.A., is hereby authorized and directed to cause notice of such redemption be given not less than thirty (30) days prior to the redemption date and to cause notice of redemption to be mailed to the registered owners of the Bonds by ordinary mail, and to notify DTC. Section 3. The Director of Finance and Budget is hereby authorized and directed to cause to be deposited in a separate fund such sum as is sufficient to pay all principal and in- terest on the redeemed Bonds to the date of re- demption and to notify the City's dissemination agent to post the Notice of Redemption to the MSRB's website (EMMA) in searchable PDF format for the refunded Bonds in accordance with the Continuing Disclosure Certificate for the Bonds. Section 4. That the form of such notice be substantially as [provided]. Passed and approved this 19th day of July 2021. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk 8. June 2021 Bee Branch Creek Railroad Culverts Project Update Video: The Public In- formation Office will show a video of the Bee Branch Creek Railroad Project. Motion by Sprank to receive and file the information and view the video. Seconded by Jones. Motion car- ried 7-0. COUNCIL MEMBER REPORTS Council Member Roussell reported that she had attended the National League of Cities Conference and that the mulching event put on by Trees Forever was a big success. Council Member Jones stated that had he been at the dais to vote on Action Item No. 1, he would have voted in the affirmative. Addi- tionally, he reported that the Historic US High- way 20 Auto Trail signage is posted, and the in- formal dedication was informative and fun. Council Member Resnick reported he had attended the production of Roald Dahl's Matilda and will be attending Brigadoon at the Grand Opera House and how important the arts are to the community. Council Member Sprank thanked the Dubu- que Police Department on their speedy re- sponse to the tragedy that occurred over the weekend. CLOSED SESSION Motion by Jones to convene in closed ses- sion at 8:38 p.m. to discuss pending litigation and purchase or sale of real estate — Chapter 21.5(1)(c), Q) Code of Iowa. Seconded by Cavanagh. Mayor Buol stated for the record that the attorney who will consult with City Council on the issues to be discussed in the closed session is City Attorney Crenna Brum- well. Motion carried 7-0. Upon motion, the City Council reconvened in open session at 9:37 p.m. stating that staff had been given proper direction. There being no further business, Mayor Buol declared the meeting adjourned at 9:39 p.m. /s/Trish L. Gleason, Assistant City Clerk Book 151 Special and Regular Sessions, August 2, 2021 CITY 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. 6'h Street. Present: Mayor Buol; Council Members Cavanagh, Farber, Jones, Resnick, Roussell, Sprank; City Manager Van Milligen, City Attor- ney 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 update. WORK SESSION 2021-2023 Equity Plan Projects update Kelly Larson, Human Rights Director; Col- lins Eboh, Organizational Equity Coordinator; Mark Dalsing, Chief of Police; Rick Steines, Fire Chief; Chris Kohlmann, Information Services Manager; Dave Lyons, Sustainable Innovation Consultant with Greater Dubuque Development Corporation; and Jill Connors, Economic Devel- opment Director presented updates on the sta- tus of several projects that are part of the 2021- 2023 City of Dubuque Equity Plan. Topics in- cluded: • 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 Inci- dent 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 ana- lyst 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 305 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. 6ch Street. Present: Mayor Buol; Council Members Cavanagh, Farber, Jones, Resnick, Roussell, Sprank; City Manager Van Milligen, City Attor- ney 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 Presen- tation: Dylan Mulfinger, City Administrator for the City of Oelwein, presented Assistant 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 Dubu- que, provided an update on the COVID-19 pan- demic and response activities. PROCLAMATION(S) 1. Miracle League of Dubuque Day Procla- mation (August 10, 2021) was accepted by Merlin Santjer on behalf of Miracle League of Dubuque. CONSENT ITEMS Motion by Resnick to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Farber. Motion carried 7-0. 1. Minutes and Reports Submitted: City Council proceedings of 7/19; Arts and Cultural Affairs Advisory Commission of 6/22 and 7/13; Five Flags Civic Center Advisory Commission 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 prop- erty damage. Upon motion the documents were received, filed, and referred to the City Attorney. 306 Regular Session, August 2, 2021 Book 151 3. Disposition of Claims: City Attorney ad- vising that the following claims have been re- ferred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Jennifer Avery for vehicle damage; Mark and Diane Link for property damage. Upon mo- tion the documents were received, filed, and concurred. 4. Approval of City Expenditures: City Man- ager recommended City Council approval for payment of City expenditures. Upon motion the documents were received and filed, and Reso- lution No. 261-21 Authorizing the Director of Fi- nance and Budget/City Treasurer to make cer- tain payments of bills that must be paid and ap- proved for payment in accordance with City pro- cedures was adopted. RESOLUTION NO. 261-21 AUTHORIZING THE DIRECTOR OF FI- NANCE AND BUDGET / CITY TREASURER TO MAKE CERTAIN PAYMENTS OF BILLS THAT MUST BE PAID AND APPROVED FOR PAYMENT IN ACCORDANCE WITH CITY PROCEDURES 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 De- partment personnel in accordance with gener- ally accepted internal control procedures and have been determined to have been requisi- tioned for a lawful municipal purpose; and Whereas, the Finance Director -City Treas- urer 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 pay- ment of certain expenditures known as Excep- tion 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 Treas- urer is hereby authorized to issue payment for goods and services provided for City purposes in response to the purchase orders and con- tracts issued in compliance with state and mu- nicipal code requirements as requested by des- ignated requisitioning authorities in accordance with approved budget appropriations. Section 2. In accordance with Iowa Code Section 372.13(6), the City Clerk and Finance Director are hereby authorized and directed to provide the statement of receipts and disburse- ments to the City Council, and to publish a sum- mary 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 Reim- bursements in Fiscal Year 2021 — Period 13: City Manager recommended approval of the suggested proceedings approving a transfer of funds for capital projects and other expense re- imbursements. Upon motion the documents were received and filed, and Resolution No. 262-21 Authorizing the Director of Finance and Budget to make the appropriate interfund trans- fers of sums and record the same in the appro- priate manner for the FY 2021 for the City of Dubuque, Iowa was adopted. RESOLUTION NO. 262-21 AUTHORIZING THE DIRECTOR OF FI- NANCE AND BUDGET TO MAKE THE AP- PROPRIATE INTERFUND TRANSFERS OF SUMS AND RECORD THE SAME IN THE AP- PROPRIATE MANNER FOR THE FY 2021 FOR THE CITY OF DUBUQUE, IOWA Whereas, Iowa Administrative Rules Code Section 545-2.5(5) implements Iowa Code Sec- tion 384.18 and provides that the City Council shall approve all transfers of moneys from one budgeted fund to another budgeted fund as pro- vided in Iowa Administrative Rules Code Sec- tion 545-2.5(5). NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. Authorize the Director of Finance and Budget to Transfer Funds. That the Direc- tor of Finance and Budget be and is hereby au- thorized by the City Council to make the appro- priate interfund transfer of sums and record the same in the appropriate manner for FY 2021. Section 2. Transfer of Funds. That the Di- rector 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 pre- vious transfer for annual debt service pay- ments. 2. Transfer from Dubuque Industrial Cen- ter Tax Increment Financing Fund to the Debt Service Fund $879.89 to correct previ- ous 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 Book 151 Regular Session, August 2, 2021 307 Tax Increment Financing eligible expenses. 4. Transfer from Greater Downtown Tax Increment Financing Fund to the General Fund $134,704.00 for the reimbursement of Tax Increment Financing eligible expenses. 5. Transfer from Greater Downtown Tax Increment Financing Fund to the Debt Ser- vice Fund $183,553.07 to correct previous transfer for annual debt service payments. 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 Fi- nancing 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 210 day of August 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 6. Proceedings to Complete Action on Issu- ance of $3,505,000 Water Revenue Refunding Bonds, Series 2021 C: City Manager recom- mended 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 re- ceived and filed, and Resolution No. 263-21 Ap- pointing UMB Bank, N.A. of West Des Moines, Iowa, to serve as Paying Agent, Bond Regis- trar, and Transfer Agent, approving the Paying Agent and Bond Registrar and Transfer Agent Agreement and authorizing the execution of the agreement/ and Resolution No. 264-21 A Se- ries 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 PAYING AGENT, BOND REGISTRAR, AND TRANS- FER AGENT, APPROVING THE PAYING AGENT AND BOND REGISTRAR AND TRANSFER AGENT AGREEMENT AND AU- THORIZING 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, reg- istration 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 compli- ance with rules, regulations, and requirements governing the registration, transfer and pay- ment 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: Section 1. 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. Section 2. That the Agreement with UMB Bank, N.A. of West Des Moines, Iowa, is hereby approved and that the Mayor and Clerk are au- thorized to sign the Agreement on behalf of the City. Passed and approved this 2"d day of August 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breiffelder, City Clerk RESOLUTION NO. 264-21 AUTHORIZING AND PROVIDING FOR THE ISSUANCE AND SECURING THE PAYMENT OF $3,505,000 WATER REVENUE REFUND- ING 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 es- tablished charges, rates and rentals for ser- vices which are and will continue to be collected as system revenues of the Municipal Water Util- ity System, sometimes hereinafter referred to as the "System", and Net Revenues are availa- ble 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 ex- tent 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 Wa- ter Revenue Refunding Bonds has heretofore been duly published and no objections to such proposed action have been filed; and the Issuer 308 Regular Session, August 2, 2021 Book 151 desires to proceed with the issuance 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 construction of the Series 2008D Project described therein, and to pay re- lated costs of issuance; and Whereas, there have been heretofore is- sued certain Water Revenue Bonds, Notes or other obligations, part of which remain out- standing and are a lien on the Net Revenues of the System; and Whereas, Section 8.2 of the Master Resolu- tion 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 is- sue additional Senior Bonds, and has deter- mined that, upon passage of this Series Reso- lution and receipt of the reports described in Section 8.2 of the Master Resolution, all of the requirements of Article VIII of the Master Reso- lution with respect to the issuance of additional Senior Bonds will have been satisfied. NOW, THEREFORE, BE IT RESOLVED BY THE City Council OF THE City of Dubuque, IN THE COUNTY OF Dubuque, STATE OF IOWA: Section 1. Definitions. Except as otherwise provided below in this Article I, all words and terms defined in Article I of the Master Resolu- tion shall have the same meanings in this Se- ries Resolution as such defined words and terms are given in Article I of the Master Reso- lution. In addition, the following terms shall have the following meanings in this Series Resolution unless the text expressly or by necessary impli- cation requires otherwise: • "Bonds" or the "Series 2021 C Bonds" shall mean $3,505,000 Water Revenue Re- funding Bonds, Series 2021C, 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 and Co." shall mean Cede and 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 substan- tially 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 Bonds, as originally executed and as it may be amended from time to time in accordance with the terms thereof. • "Master Resolution" means the City Coun- cil Resolution No. 379-08, passed and ap- proved on October 20, 2008, entitled "Master Resolution relating to the issu- ance of Water Revenue Bonds by the City of Dubuque, Iowa under the provisions of Chapter 384 of the Code of Iowa, author- izing and providing for the issuance and securing the payment of $1,195,000 Wa- ter 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 pur- chaser 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, Series 2008D dated November 4, 2008. • "Registrar" shall mean LIMB Bank, N.A. of West Des Moines, Iowa, or such succes- sor as may be approved by Issuer as pro- vided 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 princi- pal amount of the Bonds and Parity Bonds or (c) 125% of the average annual princi- pal and interest coming due on the Bonds and Parity Bonds. For purposes of this definition: (1) "issue price" shall be substi- tuted for "stated principal amount" for is- sues with original issue discount or origi- nal issue premium of more than a de min- imums 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 resolu- tion 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 Book 151 Regular Session, August 2, 2021 309 of refunding outstanding revenue obliga- tions of the City, including Water Revenue Bonds, Series 2010D dated September 21, 2010, and Water Revenue Bonds, Se- ries 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 Fi- nance and Budget, or such other officer as shall succeed to the same duties and re- sponsibilities with respect to the recording and payment of the Bonds issued hereun- der. 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 Reso- lution and all applicable provisions of the Con- stitution and laws of the State of Iowa. Section 3. Status as Series Resolution and Senior Bonds. This Series Resolution shall con- stitute and be treated as a Series Resolution within the meaning of the Master Resolution. 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. Pur- suant to the Master Resolution, there are hereby authorized to be issued, negotiable, se- rial, fully registered Water Revenue Refunding 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 obliga- tions 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 in- terest 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 pay- able 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 par- ticular Section 8.2 thereof, Water Revenue Re- funding Bonds of the City in the amount of $3,505,000 shall be issued pursuant to the pro- visions 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 "wa- ter revenue REFUNDING bond, SERIES 2021 C", be dated August 18, 2021, and bear in- terest 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 1st 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 inser- tions 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 Reso- lution; 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 mature and bear interest as fol- lows: Principal Amount, Interest Rate, Maturity June 1st $340,000, 2.000%, 2022 $360,000, 2.000%, 2023 $370,000, 2.000%, 2024 $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 af- ter June 1, 2028, may be called for redemption by the Issuer and paid before maturity on such date or any date thereafter, from any funds re- gardless 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. a. 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, 310 Regular Session, August 2, 2021 Book 151 ownership, transfer, payment and exchange of the Bonds, unless the Issuer determines to permit the exchange of Depository Bonds for Bonds in the Authorized Denominations, the Bonds shall be issued as Depository Bonds in denominations of the entire princi- pal 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 and Co., as nominee of DTC. Payment of semi-an- nual 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 and Co. on the interest payment date for the Bonds at the address indicated in or pursuant to the Rep- resentation 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 obli- gation with respect to (i) the accuracy of the records of DTC or its nominee or of any Par- ticipant with respect to any ownership inter- est in the Bonds, (ii) the delivery to any Par- ticipant, 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 inter- est 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 pay- ments shall be valid and effective to fully satisfy and discharge the Issuer's obliga- tions with respect to the principal of, pre- mium, if any, and interest on the Bonds to the extent so paid. Notwithstanding the pro- visions of this Resolution to the contrary (in- cluding without limitation those provisions relating to the surrender of Bonds, registra- tion thereof, and issuance in Authorized De- nominations), as long as the Bonds are De- pository Bonds, full effect shall be given to the Representation Letter and the proce- dures 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 unsat- isfactory, or (ii) a determination by DTC that the Bonds are no longer eligible for its de- pository 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 un- authenticated 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 trans- feree by the owners, the Bonds will be de- livered in appropriate form, content and Au- thorized Denominations to the Beneficial Owners, as their interests appear. e. Any substitute depository shall be designated in writing by the Issuer to the Paying Agent. Any such substitute deposi- tory 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 De- pository 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 en- tries. Section 9. Registration of Bonds; Appoint- ment of Registrar; Transfer; Ownership; Deliv- ery; and Cancellation. a. Registration. The ownership of Bonds may be transferred only by the making of an entry upon the books kept for the registra- tion and transfer of ownership of the Bonds, Book 151 Regular Session, August 2, 2021 311 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 reg- istration 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 Ar- ticle 8 of the Uniform Commercial Code and Section 384.83(5) of the Code of Iowa, sub- ject 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 Registrar, along with the address and social security number or federal employer identi- fication 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 regis- tered owner which is the nominee of the bro- ker or dealer in question) is that of a broker or dealer, there must be disclosed on the Registration Books the information pertain- ing to the registered owner required above. Upon the transfer of any such Bond, a new fully registered Bond, of any denomination or denominations permitted by this Resolu- tion 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 prac- ticable time, on the Registration Books, the Bonds, in accordance with the provisions of this Resolution. d. Ownership. As to any Bond, the per- son 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 li- ability upon such Bond, including the inter- est 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 for- ward the cancelled Bonds to the Issuer. f. Non -Presentment of Bonds. In the event any payment check, wire, or elec- tronic transfer of funds representing pay- ment of principal of or interest on the Bonds is returned to the Paying Agent or if any bond is not presented for payment of princi- pal 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 pay- ment 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 li- ability for interest thereon, for the benefit of the owner of such Bonds who shall thereaf- ter 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 Pay- ing 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, De- stroyed, Stolen or Lost Bonds. In case any out- standing Bond shall become mutilated or be de- stroyed, stolen or lost, the Issuer shall at the re- quest of Registrar authenticate and deliver a new Bond of like tenor and amount as the Bond so mutilated, destroyed, stolen or lost, in ex- change and substitution for such mutilated Bond to Registrar, upon surrender of such mu- tilated Bond, or in lieu of and substitution for the Bond destroyed, stolen or lost, upon filing with the Registrar evidence satisfactory to the Reg- istrar and Issuer that such Bond has been de- stroyed, stolen or lost and proof of ownership thereof, and upon furnishing the Registrar and Issuer with satisfactory indemnity and comply- ing with such other reasonable regulations as 312 Regular Session, August 2, 2021 Book 151 the Issuer or its agent may prescribe and pay- ing such expenses as the Issuer may incur in connection therewith. Section 11. Record Date. Payments of prin- cipal and interest, otherwise than upon full re- demption, 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 Pur- chaser. 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 Cer- tificate 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 is- sued under this Resolution and that the holder thereof is entitled to the benefits of this Resolu- tion. No Bonds shall be authenticated and delivered by the Registrar, unless and until there shall have been provided the follow- ing: 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 authentica- tion and delivery of the Bonds to or upon the order of the Original Purchaser upon payment of the purchase price as set forth therein. 3. The opinion of Ahlers and Cooney, P.C., Bond Counsel, affirming the validity and legality of all the Bonds proposed to be issued. Section 13. Right to Name Substitute Pay- ing Agent or Registrar. Issuer reserves the right to name a substitute, successor Registrar or Paying Agent upon giving prompt written 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 depos- ited in trust with the Treasurer for the payment of the Refunded Bonds and is irrevocably appropriated exclusively to the payment of principal of, interest on and premium, if any, due on the redemp- tion 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 Call Date of the Refunded Bonds, and is de- termined to be sufficient to retire on the designated Call Date all of such obliga- tions, 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 compliance with the terms of the Refunded Bonds. Any excess proceeds remaining on hand af- ter completion of the purpose of issuance shall be used to call or otherwise retire Bonds. Section 16. The Series 2021C Bonds shall be issued as Senior Bonds under the Master Resolution and shall be secured by and paya- ble from amounts held in the Debt Service Re- serve Fund established in the Master Resolu- tion. Upon issuance of the Series 2021C Bonds, the amount to be accumulated and maintained in the Debt Service Reserve Fund shall be increased and shall continue to remain equal to 100% of the Debt Service Reserve Re- quirement computed on a basis which includes all Senior Bonds which will be Outstanding im- mediately after issuance of the Series 2021C Bonds, and which are not Senior SRF Bonds. Bonds which will be Outstanding immediately after issuance of the Series 2021 C Bonds, and which are not Senior SRF Bonds. Notwithstand- ing any language to the contrary in the Master Resolution, the Debt Service Reserve Require- ment shall be computed as described in this Se- ries Resolution. Section 17. Disposition of Bond Proceeds; Arbitrage Not Permitted. The Issuer reasonably expects and covenants that no use will be made of the proceeds from the issuance 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. Book 151 Regular Session, August 2, 2021 313 To the best knowledge and belief of the Is- suer, there are no facts or circumstances that would materially change the foregoing state- ments or the conclusion that it is not expected that the proceeds of the Bonds will be used in a manner that would cause the Bonds to be arbi- trage bonds. Without limiting the generality of the foregoing, the Issuer hereby agrees to com- ply with the provisions of the Tax Exemption Certificate and the provisions of the Tax Ex- emption Certificate are hereby incorporated by reference as part of this Resolution. The Treas- urer 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 Ex- emption 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 re- maining 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 Res- olution 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 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 Resolu- tion. 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 ob- tained 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 in- come taxes in the hands of holders other than substantial users of the project, under the pro- visions of Section 142(a) of the Internal Reve- nue Code of the United States, related statutes and regulations. Section 18. Additional Covenants, Repre- sentations and Warranties of the Issuer. The Is- suer certifies and covenants with the purchas- ers 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) comply with all rep- resentations, covenants and assurances con- tained in the Tax Exemption Certificate, which Tax Exemption Certificate shall constitute a part of the contract between the Issuer and the own- ers 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 advis- able by its officers, to employ and pay fiscal agents, financial advisors, attorneys and other persons to assist the Issuer in such compliance. Section 19. Severability. If any section, par- agraph, or provision of this Resolution shall be held to be invalid or unenforceable for any rea- son, 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, agreements, certifi- cates and instruments relating to the Series 2021 C Bonds, the investment of the proceeds thereof and the other transactions contem- plated on the part of the City by this Series Res- olution, including, but not limited to, the Tax Ex- emption Certificate. Section 21. Continuing Disclosure. The Is- suer 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 Certifi- cate are hereby approved and incorporated 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. Notwith- standing any other provision of this Resolution, failure of the Issuer to comply with the Continu- ing Disclosure Certificate shall not be consid- ered an event of default under this Resolution; however, any holder of the Bonds or Beneficial Owner may take such actions as may be nec- essary and appropriate, including seeking spe- cific performance by court order, to cause the Issuer to comply with its obligations under the Continuing 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 dis- pose of ownership of, any Bonds (includ- ing persons holding Bonds through nomi- nees, depositories, or other intermediar- ies), or (b) is treated as the owner of any Bonds for federal income tax purposes. 314 Regular Session, August 2, 2021 Book 151 Section 22. Construction. Except to the ex- tent set forth herein, all of the applicable terms, conditions and provisions of the Master Reso- lution shall be deemed and construed to apply to the Series 2021 C Bonds and are hereby in- corporated 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 Ordi- nances 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 Res- olution shall be in effect from and after its adop- tion. 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 documents were re- ceived and filed. 8. Iowa State Fire Marshal Fireworks Grant Program Intent to Apply: City Manager recom- mended approval to apply for the annual fire- works grant program from the Iowa State Fire Marshal in the amount of $57,000. Upon motion the documents were received, filed and ap- proved. 9. Radio Dubuque and Dubuque Jaycees 2022 Fireworks Request: Correspondence from Perry Mason, General Manager for Radio Dubuque, and the Dubuque Jaycees request- ing 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 conjunction 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 ap- proved. 10. Pre -Annexation Agreement - Katherine A. Kalb Trust: City Manager recommending ap- proval 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 re- ceived and filed, and Resolution No. 265-21Ap- proving a Pre -Annexation Agreement between the City of Dubuque, Iowa and Katherine A. Kalb Trust was adopted. Book 151 Regular Session, August 2, 2021 315 RESOLUTION NO. 265-21 APPROVING A PRE -ANNEXATION AGREE- MENT BETWEEN THE CITY OF DUBUQUE, 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 appli- cation for voluntary annexation of the 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; and Whereas, Katherine A. Kalb Trust has en- tered 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 author- izes 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 or- derly 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 an- nexation of the Property is in the public interest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, 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 Deprecia- tion and Improvement Fund Expenditure Re- quest for Replacement of South Entrance Con- crete: City Manager recommended approval to spend $15,269 from the Depreciation and Im- provement Fund to be used to replace the side- walks at the casino south entrance due to set- tling. Upon motion the documents were re- ceived, filed, and approved. 12. Notice of Award and Approval to Exe- cute Agreement for City of Dubuque Ameri- Corps Program: Partners in Learning: City Man- ager recommended approval for the City Man- ager 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 recom- mended 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 establish 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 ac- cordance 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 DE- LINQUENT GRASS AND WEED CUTTING AND GARBAGE COLLECTION CHARGES IN ACCORDANCE WITH TITLE 6-4-3A AND TI- TLE 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 welfare 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 im- mediate action to protect the public health, safety or welfare of the public, the Housing Of- ficer may order the emergency abatement of such; and Whereas, delinquent grass and weed cut- ting 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 at- tached GrassM/eed/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. Breiffelder, City Clerk 316 Regular Session, August 2, 2021 Book 151 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 and Lot 2-1 City Lot 570; Behning, Karl L, 309 Jones St. Dubuque IA 52001; 1025285007; $234.60; gar- bage 2940 Central Ave., S 1/2 of W 170' of 301 Davis Farm Add; McMahon Real Estate Rent- als LLC, 2380 Samantha Dr Dubuque IA 52002; 1013152009; $125.55; garbage 920 Center PI., Lot 2 McKay Place; Bettcher Properties LLC, 511 Washington St. Epworth IA 52045; 1025103004; $275.88; garbage 1765 White St., Lot 1-2 of NM 1/5 of City Lot 435; Brown, Phillip M and Diane M, 1765 White St. Dubuque IA 52001; 1024261011; $197.83; garbage 1789 University Ave., Lot 1-5-1 and 2-2 Tschirgi and 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; $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 Profes- sional Services Agreement with Origin Design Co. for the South Port Flood Control Levee Re- pair Project; Fifth Amendment to Facility Man- agement Agreement with Platinum Hospitality Group, LLC. Upon motion the documents were received and filed. 15. Improvement Contracts / Performance, Payment and Maintenance Bonds: Reed Con- struction 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 recom- mended acceptance of the construction con- tract for the Multicultural Family Center Side- walk Replacement Project, as completed 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 Multicultural Family Center Side- walk Replacement Project and authorizing the final payment to the contractor was adopted. RESOLUTION NO. 267-21 ACCEPTING THE MULTICULTURAL FAMILY CENTER SIDEWALK REPLACEMENT PRO- JECT AND AUTHORIZING THE FINAL PAY- MENT TO THE CONTRACTOR Whereas, the public improvement contract for the Multicultural Family Center Sidewalk Re- placement Project, (the Project) has been com- pleted by the Contractor, McDermott Excavat- ing, Inc. (Contractor), and the City Engineer has examined the work and signed a certificate stat- ing that the Project has been completed accord- ing to the terms of the Public Improvement Con- tract and that the City Engineer recommends that the Project be accepted; and Whereas, the final contract amount for the Project is $73,963.76; and 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 rec- ommendation 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 re- tained percentage provided for therein as pro- vided 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 2"d day of August 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 17. Bee Branch Railroad Culvert Trail Pro- ject: CIP# 3401654, PROJECT# 4X0039; CIP#7201654, PROJECT# 8X0144: City Man- ager recommended award of the construction 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 engineer'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 RAIL- ROAD CULVERT TRAIL PROJECT Book 151 Regular Session, August 2, 2021 317 Whereas, sealed proposals have been sub- mitted by contractors for the Bee Branch Rail- road 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 DUBU- QUE, IOWA: That a Public Improvement Contract for the Project is hereby awarded to Tricon General Construction, Inc and the City Manager is hereby directed to execute a Public Improve- ment 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 Manager recommended acceptance of the construction contract for the Asbury Road Fiber Optic Col- laboration Project Phase I, as completed by Utility Service Contractors, in the final contract amount of $79,145.14. Upon motion the docu- ments were received and filed, and Resolution No. 269-21 Accepting the Asbury Road Fiber Optic Collaboration Project Phase I and author- izing 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 Collaboration Project Phase I, (the Project) has been com- pleted by the Contractor, Utility Service Con- tractors, (Contractor), the City Engineer has ex- amined the work and recommends that the Pro- ject be accepted; and Whereas, the final contract amount for the Project is $79,145.14; and Whereas, the Contractor has previously been paid $75,187.87, leaving a balance of $3,957.27; and Whereas, the City Council finds that the rec- ommendation 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 $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 Manager recommended acceptance of the construction contract for the Asbury Road Fiber Optic Col- laboration Project Phase 2, as completed by TD&I Cable Management, in the contract amount of $198,549.65. Upon motion the docu- ments were received and filed, and Resolution No. 270-21 Accepting the Asbury Road Fiber Optic Collaboration — Phase 2 Project, and au- thorizing the payment to the contractor was adopted. RESOLUTION NO. 270-21 ACCEPTING THE ASBURY ROAD FIBER OPTIC COLLABORATION — PHASE 2 PRO- JECT, AND AUTHORIZING THE PAYMENT TO THE CONTRACTOR Whereas, the public improvement contract for the Asbury Road Fiber Optic Collaboration — Phase 2 Project, (the Project) has been com- pleted by the Contractor, TD&I Cable Mainte- nance, (Contractor), the City Engineer has ex- amined the work and recommends that the Pro- ject 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 rec- ommendation 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 318 Regular Session, August 2, 2021 Book 151 20. Asbury Road Fiber Optic Collaboration Project Phase 3 - CIP 1002871: City Manager recommended acceptance of the construction contract for the Asbury Road Fiber Optic Col- laboration Project Phase 3, as completed by Utility Service Contractors, in the contract amount of $29,530.42. Upon motion the docu- ments were received and filed, and Resolution No. 271-21 Accepting the Asbury Road Fiber Optic Collaboration — Phase 3 Project and au- thorizing the payment to the contractor was adopted. RESOLUTION NO. 271-21 ACCEPTING THE ASBURY ROAD FIBER OPTIC COLLABORATION — PHASE 3 PRO- JECT AND AUTHORIZING THE PAYMENT TO THE CONTRACTOR Whereas, the public improvement contract for the Asbury Road Fiber Optic Collaboration — Phase 3 Project, (the Project) has been com- pleted by the Contractor, Utility Service Con- tractors, (Contractor), the City Engineer has ex- amined the work and recommends that the Pro- ject 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 rec- ommendation 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 2"d day of August 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 21. Chaplain Schmitt Island Fiber Collabo- ration Project - CIP 1002871: City Manager rec- ommended acceptance of the construction con- tract for the Chaplain Schmitt Island Fiber Col- laboration Phase, as completed by Utility Ser- vice Contractors, in the contract amount of $143,412. Upon motion the documents were re- ceived and filed, and Resolution No. 272-21 Ac- cepting the Chaplain Schmitt Island Fiber Col- laboration Project and authorizing the payment to the contractor was adopted. RESOLUTION NO. 272-21 ACCEPTING THE CHAPLAIN SCHMITT IS- LAND FIBER COLLABORATION PROJECT AND AUTHORIZING THE PAYMENT TO THE CONTRACTOR Whereas, the public improvement contract for Chaplain Schmitt Island Fiber Collaboration 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 $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 rec- ommendation 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 $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 Im- provement Project from Francis Street to North Main Street (CIP 2642769, PROJECT 1X0006, CIP 2642769, PROJECT 1X0005 and CIP 64042735): City Manager recommended ac- ceptance of the public improvement contract for the Kaufmann Avenue Storm Sewer Improve- ment 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 mo- tion 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. 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 Book 151 Regular Session, August 2, 2021 319 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 completed by the Contractor, Portzen Construction, Inc. (Contractor), and the City Engineer has exam- ined 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 $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 rec- ommendation 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 Re- placement Program CIP appropriations for the contract amount of $1,739,281.62 less any re- tained percentage provided for therein as pro- vided 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 2"d 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 offi- cially recorded in the minutes of the City Coun- cil. 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 permits, as re- quired 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 RE- QUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LI- CENSE REGULATIONS, CHAPTER 2 LIQ- UOR CONTROL, ARTICLE B LIQUOR, 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 author- ized and directed to cause to be issued the noted permit types to the following applicants pending submission of the locally required doc- umentation: 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 and Grill, 521 E 22"d St. Special Event(s) per Special Event Application Submittal Dubuque Jaycees Aug 8, 7th and Jackson to 9th and Jackson plus East 8th Street to Elm Street - Millwork Night Market Dubuque Irish Hooley Aug 25, East Commer- cial Street - Port of Dubuque Passed, approved, and adopted this 2"d day of August 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breiffelder, City Clerk 1. Applications were reviewed for the follow- ing 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 Gen- der Balance Law. 9 Commissioners total; cur- rently 4 males/2 females/3 openings. *Opening was advertised for 90 days while non -male identifying applicants were sought in adherence 320 Regular Session, August 2, 2021 Book 151 with Iowa Code 69.16A Gender Balance. Addi- tional 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: Hil- ary Dalton, 1629 Washington St.; Gail Weitz, 1630 Lori Ct.; Sam Wooden, 1135 Rosedale Ave. Mr. Wooden spoke in support of his ap- pointment and provided a brief biography. iii. Housing Trust Fund Advisory Committee: One, 3-Year term through August 17, 2024 (Ex- piring term of Becwar) Applicant: Michelle Becwar, 2115 Coates St. PUBLIC HEARINGS 1. Simmons Pet Food, Inc.: Subordination of Consent Rights Under Development Agree- ment, Payment Direction and Estoppel Certifi- cate: Proof of publication on notice of public hearing to consider City Council approval of the subordination of Consent Rights under the De- velopment Agreement with Simmons Pet Food, Inc., and City Manager recommended approval. Motion by Jones to receive and file the docu- ments and adopt Resolution No. 275-21 Dis- posing of an interest in real property by Subor- dination of Consent Rights under Development Agreement, Payment Direction and Estoppel Certificate with Simmons Pet Foods, Inc. Se- conded by Cavanagh. Motion carried 7-0. RESOLUTION NO. 275-21 DISPOSING OF AN INTEREST IN REAL PROPERTY BY SUBORDINATION OF CON- SENT 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 Devel- opment Agreement (the Agreement) with Sim- mons Pet Foods, Inc. (Simmons) for the prop- erty legally described as follows: Lot 5 and Lot 5A of Dubuque Industrial Center South First Addition in the City of Dubuque, Iowa (the Property); and Whereas, the Agreement between City and Simmons provides in Section 6.10 as follows: 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 discretion. City has no ob- ligation 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 Subordination of Con- sent Rights Under Development Agreement, Payment Direction and Estoppel Certificate at- tached hereto; and Whereas, the City Council believes it is in the best interests of the City of Dubuque to ap- prove the Subordination of Consent Rights Un- der Development Agreement, Payment Direc- tion and Estoppel Certificate. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council hereby ap- proves the Subordination of Consent Rights Under Development Agreement, Payment Di- rection and Estoppel Certificate. Section 2. The Mayor is hereby authorized and directed to sign the Subordination of Con- sent Rights Under Development Agreement, Payment Direction and Estoppel Certificate 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 recommended ap- proval. 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 car- ried 7-0. 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 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1 That the proposed plans, specifi- cations, 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 approved. Passed, adopted, and approved this 2"d day of August 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk Book 151 Regular Session, August 2, 2021 321 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 Coun- cil approval of a request from Buesing and As- sociates, Inc. to rezone property 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 pro- posed building for the Vintage Estates of Dubu- que. Motion by Jones to receive and file the documents and that the requirement that a pro- posed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be sus- pended. 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 pro- posed ordinance and summarized the quasi-ju- dicial re -zoning process. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 28-21 Amending Ti- tle 16 of the City of Dubuque Code of Ordi- nances, Unified Development Code, rezoning a portion of Lot D Rustic Point Estates Subdivi- sion from R-1 Single Family Residential District to PUD Planned Unit Development with a PR Planned Residential Designation for the Vin- tage Estates of Dubuque Development. Se- conded 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 ES- TATES 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 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That Title 16 of the City of Dubu- que Code of Ordinances Unified Development 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 dis- trict, the above -described property is subject to the following conditions and restrictions: A. Use Regulations - The following regula- tions shall apply to all uses made of land in the above- described Planned Residential District: 1. Principal permitted uses shall be limited to the following: a. A maximum of thirty-five single fam- ily 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 development plan (Exhibit A). C. Site Development Standards - The site de- velopment standards for this Planned Resi- dential District shall be established as fol- lows: 1. The proposed access to the develop- ment 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 standards. 5. Site plans for the development shall be submitted in compliance with Section 12 Site Plans of the Unified Development Code. 6.Outdoor street lighting shall comply with Section 13-3.1 Site Lighting of the Uni- fied Development Code. 7. Storm water from the development shall comply with Section 13-3.3 Storm Water Management of the Unified Develop- ment Code. 8. Landscaping and screening shall be es- tablished in accordance with the re- quirements of Section 13-4.4 of the Uni- fied Development Code. 9. Any trash enclosures shall comply with Section 13-4.9 of the Unified Develop- ment Code D. Sign Regulations 1. The sign regulations for the develop- ment shall be in accordance with Sec- tion 15-11.1 of the Unified Development 322 Regular Session, August 2, 2021 Book 151 Code. E. Parking Standards - The off-street parking requirement for the principal permitted uses for the herein described Planned Residen- tial District shall be regulated as follows: 1. Off-street parking spaces shall be de- signed and constructed in compliance with Section 13-3.5 of the Unified Devel- opment 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) re- zoned the subject property from County AG Agricultural to City R-1 Single -Fam- ily Residential district in conjunction with annexation. G. Transfer of Ownership - Transfer of owner- ship or lease of property in this Planned Residential District shall include the transfer or lease agreement, the provision that the purchaser or leasee acknowledges aware- ness of the conditionals authorizing the es- tablishment of this district. H. Modifications - Any modifications of this Ordinance must be approved by the City Council in accordance with zoning reclassi- fication 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 Advi- sory Commission of the City of Dubuque, Iowa. Section 4. This Ordinance shall take effect immediately upon publication, as provided by law. Passed, approved, and adopted this 2"d 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 6th day of August 2021. /s/Adrienne N. Breitfelder, City Clerk 2. Fiscal Year 2022 Arts and Culture Oper- ating Support Grant Funding Recommendation: City Manager recommended City Council ap- proval to fund nineteen arts and culture organi- zations through the Arts and 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 and Cents Public Information Brochure: City Man- ager provided a copy of the updated Fiscal Year 2022 Dollars and Cents public information bro- chure. Motion by Cavanagh to receive and file Book 151 Regular Session, August 2, 2021 323 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 Mon- day, 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 docu- ments and schedule the work session as rec- ommended. Seconded by Resnick. 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 Mon- day, September 20, 2021, at 5:00 p.m. for the quarterly update on Project Hope. Motion by Roussell to receive and file the documents 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 attend- ing a recent meeting with residents of the Table Mound mobile home park. Mr. Jones stated that state lawmakers attended the meeting and dis- cussed 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 finan- cial 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 re- cently 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 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 6:30 p.m. on August 9, 2021, in the second -floor Council Chambers of the Historic Federal Building, 350 W. 6'h Street. Present: Mayor Pro Tern Sprank; Council Members Farber, Jones, Resnick, Roussell; City Manager Van Milligen. Absent: Mayor Buol; Council Member Cavanagh; City Attorney Brumwell. Mayor Pro Tern Sprank read the call and stated this is a special session of the City Coun- cil called for the purpose of conducting a work session on the Imagine Dubuque Implementa- tion. WORK SESSION Imagine Dubuque Implementation Planning Services Manager Wally Werni- mont, Assistant Planner Chis Happ Olson, and Planning Technician Jason Duba made a presentation providing an update on the imple- mentation of the Imagine Dubuque Compre- hensive Plan. Topics included: • Planning with Sustainability • Purpose of Comprehensive Plan • Partnerships for a better Dubuque • Collective Impact Model • Imagine Dubuque Implementation: Roles and Responsibilities o Connectors, Coordinators and Champi- ons • Plan Recommendations at a glance • Categories: o Economic Prosperity o Sustainable Environment o Social and Cultural Vibrancy o Livable Neighborhoods and Housing o Community Facilities o Transportation and Mobility o Land Use • Next Steps Mr. Duba displayed the Imagine Dubuque website, imaginedubuque.com/progress, and discussed recent updates to the website. Mr. Wernimont stated that final updates to the web - site will be completed in September. Responding to questions from the City Council, Mr. Wernimont stated that the Imagine Dubuque website will provide an opportunity to track progress on recommendations and that additional Champions are needed to assist wit 324 Special Session, August 9, 2021 Book 151 implementation of the plan. Responding to a question from the City Council about how the plan could algin with City Council goals, City Manager Van Milligen summarized the planning process for City Council goal setting sessions. City Council members expressed support for the plan and the progress that has been made thus far on the recommendations. There being no further business, Mayor Pro Tern Sprank declared the meeting adjourned at 7:19 p.m. /s/Adrienne N. Breitfelder, City Clerk CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 5:00 p.m. on August 16, 2021, in the second -floor Council Chambers of the Historic Federal Building, 350 W. 6"' Street. Present: Mayor Buol (attended via phone); Mayor Pro Tern Sprank (chaired the meeting due to Mayor Buol's attendance via phone); Council Members Cavanagh, Farber, Jones, Resnick, Roussell; City Manager Van Milligen (attended via phone), City Attorney Brumwell. Mayor Pro Tern Sprank read the call and stated this is a special session of the City Coun- cil called for the purpose of conducting work sessions on the Inclusive Dubuque quarterly update and Black Hills Energy project updates. WORK SESSIONS (2) Inclusive Dubuque Quarterly Update Staff from the Community Foundation of Greater Dubuque presented the Inclusive Dubuque 2nd Quarter 2021 report. Paul Duster, Director of Community Initiatives, and Clara Lopez Ortiz, Equity Coordinator, made a presentation. Topics included: • Vision and Values • Business Leader Equity Cohort • Recent Inclusive Dubuque Activities • New Diversity, Equity, and Inclusion (DEI) Resources • Future Initiatives Ms. Ortiz displayed the inclusivedubu- que.org website and discussed the DEI toolkit and the Cultural Resource Guide webpages. The presenters responded to questions from the City Council regarding the targeted au- dience for the DEI toolkit, defining equity, and plans for the youth employment coalition. This work session concluded at 5:29 p.m. 2. Black Hills Energy Project Updates Representatives from Black Hills Energy provided updates on recent projects and poten- tial partnerships that support the city's climate action goals. Jeff Staudenmaier, Eastern Iowa Operations Manager; Nicole Breitbach, Senior Community Affairs Manager; and Katie Flem- ing, Director of Sustainability and ESG, made a presentation. Topics included: • Safe Digging • Iowa Gas • Statistics Across Iowa in 2020 Book 151 Special Session, August 16, 2021 • Environmental Stewardship • Sustainability at Black Hills Energy • Clean Energy Goals • Electric Utilities • Natural Gas Utilities • Natural Gas Emissions Reduction Strat- egies • EPA Methane Challenge • Renewable Gas Energy (RNG) • Energy Efficiency • Emerging Technology • Dubuque Energy Study • Dubuque Home Heat Energy Mix • Impact of Residential Electrification on Electricity use in Iowa The presenters responded to questions from the City Council regarding electric charg- ing stations, Black Hills Energy's partnership with the Dubuque Metropolitan Area Solid Waste Agency (DMASWA), future initiatives, best practices in other communities, and rec- ommendations for home efficiency. There being no further business, Mayor Pro Tern Sprank declared the meeting adjourned at 6:19 p.m. /s/Adrienne N. Breitfelder, City Clerk 325 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 16, 2021, in the second -floor Council Chambers of the Historic Federal Building, 350 W. 6'h Street. Present: Mayor Buol (attended via phone); Mayor Pro Tern Sprank (chaired the meeting due to Mayor Buol's attendance via phone); Council Members Cavanagh, Farber, Jones, Resnick, Roussell; City Manager Van Milligen (attended via phone), City Attorney Brumwell. Mayor Pro Tern Sprank read the call and stated this is a regular session of the City Coun- cil called for the purpose of conducting such business that may properly come before the City Council. PLEDGE OF ALLEGIANCE CONSENT ITEMS Motion by Resnick to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Farber. Motion carried 7-0. 1. Minutes and Reports Submitted: City Council Proceedings of 8/2 and 8/9; Civil Ser- vice Commission of 7/15; Five Flags Civic Cen- ter Commission of 7/26; Library Board of Trus- tees of 5/27 and 6/24; Library Board of Trustees Update of 7/22; Zoning Board of Adjustment of 7/22; Proof of Publication for City Council Pro- ceedings of 7/19; Proof of Publication for List of Claims and Summary of Revenues for month ended 6/30. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: Ken Hanson for vehicle damage; Luke Morarend for vehicle damage; John Sweeney for property damage. Upon motion the documents were received, filed, and referred to the City Attorney. 3. Disposition of Claims: City Attorney ad- vised that the following claims have been re- ferred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Masud Hamid for personal injury; Ken Hanson for vehicle damage; Luke Morarend for vehicle damage; John Sweeney for property damage. Upon motion the documents were re- ceived, filed, and concurred. 326 Regular Session, August 16, 2021 Book 151 4. Approval of City Expenditures: City Man- ager recommended City Council approval for payment of City expenditures. Upon motion the documents were received and filed, and Reso- lution No. 277-21 Authorizing the Director of Fi- nance and Budget/City Treasurer to make cer- tain payments of bills that must be paid and ap- proved for payment in accordance with City pro- cedures was adopted. RESOLUTION NO. 277-21 AUTHORIZING THE DIRECTOR OF FI- NANCE AND BUDGET / CITY TREASURER TO MAKE CERTAIN PAYMENTS OF BILLS THAT MUST BE PAID AND APPROVED FOR PAYMENT IN ACCORDANCE WITH CITY PROCEDURES 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 De- partment personnel in accordance with gener- ally accepted internal control procedures and have been determined to have been requisi- tioned for a lawful municipal purpose; and Whereas, the Finance Director -City Treas- urer 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 pay- ment of certain expenditures known as Excep- tion 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 Treas- urer is hereby authorized to issue payment for goods and services provided for City purposes in response to the purchase orders and con- tracts issued in compliance with state and mu- nicipal code requirements as requested by des- ignated requisitioning authorities in accordance with approved budget appropriations. Section 2. In accordance with Iowa Code Section 372.13(6), the City Clerk and Finance Director are hereby authorized and directed to provide the statement of receipts and disburse- ments to the City Council, and to publish a sum- mary thereof. Passed, approved, and adopted this 16"' day of August 2021. Danny C. Sprank, Mayor Pro Tern Attest: Adrienne N. Breitfelder, City Clerk 5. New Gillig and Para Transit Buses To Be Displayed at City Council Meeting on Septem- ber 7, 2021: City Manager transmitted infor- mation about four new 29-foot Heavy Duty Gillig buses purchased in the spring of 2020, and seven new Ford Glaval Universal Gas mini- buses purchased in the spring of 2021. One bus of each style will be displayed in front of the His- toric Federal Building at 4:30 pm on September 7, 2021, to allow City Council Members and cit- izens an opportunity to explore these new buses. Upon motion the documents were re- ceived and filed. 6. Recommend Approval of Service Agree- ment with Vermont Systems Inc. for Park and Recreation Management System: City Manager recommended approval of the Service Agree- ment with Vermont Systems Inc. for the new Park and Recreation Management System. Upon motion the documents were received, filed, and approved. 7. Five Flags Civic Center Commission Cor- respondence to City Council: Correspondence from the Five Flags Civic Center Commission (FFCCC) regarding the Five Flags reconstruc- tion project. Upon motion the documents were received and filed. 8. Approval to Execute Agreement for City of Dubuque AmeriCorps Program: Creating Op- portunities: City Manager recommended ap- proval to execute an agreement for the City of Dubuque AmeriCorps Program: Creating Op- portunities grant award in the amount of $110,000. Upon motion the documents were re- ceived, filed, and approved. 9. Interim Management Agreement with Dubuque Community Ice and Recreation, Inc.: City Manager recommended approval of a one - month (August 2021) Interim Management Agreement with Dubuque Community Ice and Recreation, Inc. Upon motion the documents were received, filed, and approved. 10. Miracle League of Dubuque Naming Recognition Signage Approval: City Manager recommended approval of the naming recogni- tion signage to be placed at the Miracle League of Dubuque Complex. Upon motion the docu- ments were received, filed, and approved. 11. Iowa Department of Inspections and Ap- peals New Interagency Agreement: City Man- ager recommended approval of the 28E agree- ment with the Iowa Department of Inspections and Appeals for inspection, licensing, and en- forcement for the period July 1, 2021-June 30, 2024. Upon motion the documents were re- ceived, filed, and approved. Book 151 Regular Session, August 16, 2021 327 12. Flood Control Levee Repair Project Contract Award - CIP 7202155: City Manager recommended that the award for the Flood Control Levee Repair Project be officially rec- orded in the minutes of the City Council. Upon motion the documents were received, filed, and made a Matter of Record. 13. Notice of Appeals for 2021 Assess- ments: Correspondence from Troy Patzner, City Assessor, informing the City Council of five appeals from the Dubuque City Board of Re- view decisions for the 2021 assessment of val- ues. Upon motion the documents were received and filed. 14. Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM) Panels: Correspondence from Luis V. Rodriguez, P.E., Director of Engineering and Modeling Division form the Federal Insurance and Mitigation Administration, stating that the Federal Emergency Management Agency (FEMA) has issued revised Flood Insurance Rate Map (FIRM) panels within the city. Upon motion the documents were received and filed. 15. Iowa Department of Transportation Five -Year (2021-2026) Agreement for Mainte- nance and Repair of Primary Roads in Munici- palities: City Manager recommended approval of the execution of the Five Year (2021-2026) Agreement for Maintenance and Repair of Pri- mary Roads in Municipalities between the Iowa Department of Transportation and the City of Dubuque. Upon motion the documents were re- ceived, filed, and approved. 16. Approval of Plat of Survey of Lot 14A of O'Hare's Subdivision, in the City of Dubuque, Iowa for Vacating Petition (University of Dubu- que Grace Street Vacate Agreement): City Manager recommended approval of the Plat of Survey of Lot 14A of O'Hare's Subdivision in the City of Dubuque, Iowa. Upon motion the docu- ments were received and filed, and Resolution No. 278-21 Approving plat of proposed vacated portion of Grace Street, in the City of Dubuque, Iowa, to be known as Lot 14A of O'Hare's Sub- division, in the City of Dubuque, Iowa was adopted. RESOLUTION NO. 278-21 APPROVING PLAT OF PROPOSED VA- CATED PORTION OF GRACE STREET, IN THE CITY OF DUBUQUE, IOWA, TO BE KNOWN AS LOT 14A OF O'HARE'S SUBDI- VISION, IN THE CITY OF DUBUQUE, IOWA Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated August 2, 2021 prepared by the WHKS and Co., showing the proposed vacated area of Grace Street between Algona Street and McCormick Street, in the City of Dubuque, Iowa and assigned a lot number thereto, to be known as Lot 14A of O'Hare's Subdivision, 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 August 2, 2021, prepared by the WHKS and Co., 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 author- ized 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 14A. 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 16th day of August 2021. Danny C. Sprank, Mayor Pro Tern Attest: Adrienne N. Breitfelder, City Clerk 17. Final Plat of Stone Brook Center Third Addition: City Manager recommended approval of the Final Plat of Stone Brook Center Third Addition as it is in compliance with the City of Dubuque's Unified Development Code. Upon motion the documents were received and filed, and Resolution No. 279-21 Authorizing ap- proval of the Final Plat of Stone Brook Center Third Addition in the City of Dubuque, Iowa was adopted. RESOLUTION NO. 279-21 AUTHORIZING APPROVAL OF THE FINAL PLAT OF STONE BROOK CENTER THIRD ADDITION IN THE CITY OF DUBUQUE, IA. Whereas, there has been filed with the City Clerk a Final Plat of Stone Brook Center Third Addition In the City Of Dubuque, Iowa; and Whereas, upon said final plat appear a pub- lic street to be known as South Boulder Brook Court (Lot A) and together with certain public utility, storm sewer, sanitary sewer, storm drain- age, cul-de-sac and water main easements, which the owner by said final plat has dedicated to the public forever; and Whereas, the preliminary plat has been ex- amined by the Zoning Advisory Commission and its approval has been endorsed thereon; and Whereas, said final plat has been reviewed by the City Planner and his approval has been endorsed thereon, subject to the owner's agreeing to the conditions specified herein; and Whereas, said final plat has been examined 328 Regular Session, August 16, 2021 Book 151 by the City Council and the City Council find the final plat conforms to the applicable statutes and ordinances, except that streets and public utilities have not yet been completely con- structed or installed. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the dedication of South Boulder Brook Court (Lot A) with certain public utility, storm sewer, sanitary sewer, storm drain- age, cul-de-sac, and water main easements, as they appear on said final plat, be and the same are hereby accepted; and Section 2. That the Final Plat of Stone Brook Center Third Addition is hereby approved, and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said final plat, provided the owners of said property herein named, exe- cute their written acceptance of the attached conditions and further agree: (a) To reduce South Boulder Brook Court (Lot A) to grade and to construct longi- tudinal sub -drain, concrete curb and gutter with asphaltic concrete pavement or with Portland Cement concrete pave- ment with integral curb, and cul-de-sac, all in accordance with the City of Dubu- que standard specifications in a manner acceptable to the City Engineer, in con- formance with construction improve- ment plans approved by the City Engi- neer and inspected and approved by the City Engineer. (b) To install sanitary sewer mains and sewer service laterals into each individ- ual lot, water mains and water service laterals into each individual lot, storm sewers and catch basins, boulevard street lighting, fiber optic conduit and vaults, and erosion control devices all in accordance with the City of Dubuque standard specifications in a manner ac- ceptable to the City Engineer, and in ac- cordance with construction improve- ment plans approved by the City Engi- neer, and inspected and approved by the City Engineer. (c) To construct accessible sidewalk ramps at each intersection and street crossings in accordance with City of Dubuque Standards and Specifications, all in a manner acceptable to the City Engineer, and in accordance with the construction improvement plans ap- proved by the City Engineer and in- spected and approved by the City Engi- neer. (d) To construct the improvements out- lined in (a), (b) and (c) above within two years from the date of acceptance of this resolution, at the sole expense of the owners, or future owner. (e) To maintain the improvements outlined in (a), (b) and (c) above for a period of two (2) years from the date of the ac- ceptance of those improvements by the City Council of the City of Dubuque, Iowa, at the sole final expense of the owners, or future owner. (f) That access to US Highway 20 is pro- hibited from Lots 1 and 2 of Stone Brook Center Third Addition. (g) To provide security for the perfor- mance of the foregoing conditions spec- ified in this Section in such form and with such sureties as may be acceptable to the City Manager of the City of Dubu- que, Iowa. Section 3. That sidewalk installation shall be the responsibility of each lot owner for each lot abutting the public rights -of -way, including lots with multiple frontages, as required by City Code Chapter 10-1-2 (Sidewalk Installation and Repair). Section 4. That the owner must construct and maintain erosion control devices in Stone Brook Center Third Addition which control ero- sion and prevent sediment from leaving the site. The owner shall also be responsible for mainte- nance of the detention facility located on Lot D of Stone Brook Center Second Addition until 80% of the lots in Stone Brook Center Third Ad- dition have been fully developed and adequate erosion control measures, as approved by the City Engineer, have been installed on the re- maining 20% of said lots. Until the above 80% of lots are developed, maintenance of the de- tention facility shall include the removal of sed- iment and other debris caused by construction activities in Stone Brook Center Third Addition and reshaping and reseeding of the disturbed areas. After said 80% lots are developed, in- spection, administration, and maintenance ex- penses incurred by the City of Dubuque for the storm water detention facility shall be assessed against the property owners, except the City of Dubuque, in Stone Brook Center Third Addition, as indicated on the plats thereof, in equal amounts. The City Manager shall certify such costs to the City Clerk, who in turn shall promptly certify such costs to the Dubuque County Treasurer, and such costs shall then be collected with and in the same manner as gen- eral property taxes in accordance with provi- sions of law. Section 5. That the planting of street trees shall be coordinated with the City's Urban For- ester. Any tree(s) planted within the street right- of-way must be approved by the Urban For- ester. The locations and species of tree(s) will be approved by the Urban Forester and planted and cared for though establishment by the de- veloper at the developer's expense. Book 151 Regular Session, August 16, 2021 329 Section 6. That the final acceptance of the public improvements shall only occur upon cer- tification of the City Engineer to the City Council that the public improvements have been com- pleted in accordance with the approved im- provement plans and City standards and spec- ifications and accepted by City Council Resolu- tion. Section 7. That in the event NEZTROP, LLC fails to execute the acceptance and furnish the guarantees provided hereof within 180 days af- ter the date of this Resolution, the provisions hereof shall be null and void and the ac- ceptance of the dedication and approval the plat shall not be effective. Passed, approved and adopted this 16th day of August 2021. Danny C. Sprank, Mayor Pro Tern Attest: Adrienne N. Breitfelder, City Clerk 18. Final Plat of Country View Estates: City Manager recommended approval of the final plat of Country View Estates subject to allowing 22-foot paving width for Hales Mill Road, and waiving Sections 11-20 Water Supply, 11- 21 Sanitary Sewer, 11-23 Obligation to Install Im- provements, and 11-24 Improvement Guaran- tees. Upon motion the documents were re- ceived and filed, and Resolution No. 280-21 Ap- proving the final plat of Country View Estates in Dubuque County, Iowa was adopted. RESOLUTION NO. 280-21 APPROVING THE FINAL PLAT OF COUN- TRY VIEW ESTATES IN DUBUQUE COUNTY, IOWA Whereas, there has been filed with the City Clerk a Final Plat of Country View Estates; and Whereas, said Final Plat provides for a 22- foot pavement width, where 26-foot paving width for a private street is required by Section 11-15 of Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code; and Whereas, the preliminary plat has been ex- amined by the Zoning Advisory Commission and has its approval endorsed thereon; and Whereas, said Final Plat has been exam- ined by the City Council and they find that it con- forms to the statutes and ordinances relating thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That Section 11-15 of Title 16 of the City of Dubuque Code of Ordinances, Uni- fied Development Code, is waived to allow two 22-foot-wide paved private streets. Section 2. That the City Council hereby waives Sections 11-20 Water Supply, 11-21, Sanitary Sewer, 11-23 Obligation to Install Im- provements, and 11-24 Improvement Guaran- tees. Section 3. That the Final Plat of Country View Estates is hereby approved, and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said final plat, provided the owners of said property herein named, exe- cute their written acceptance hereto attached agreeing: a) To construct private street improvements in accordance with improvement plans ap- proved by Dubuque County and certified upon completion by a professional engi- neer licensed by the State of Iowa. b) To maintain the private street improve- ments constructed as part of Country View Estates until such time as a home- owners' association is formed and is re- sponsible for maintenance of the same. Section 4. That in the event that Ronald W. and Jessalynn J. Breiner fail to execute the ac- ceptance within 180 days after the date of this Resolution, the provisions hereof shall be null, and void and the approval of the plat shall not be effective. Passed, approved, and adopted this 16tn day of August 2021. Danny C. Sprank, Mayor Pro Tern Attest: Adrienne N. Breitfelder, City Clerk 19. Final Plat of Rustic Point Estates #2: City Manager recommended approval of the Fi- nal Plat of Rustic Point Estates #2 as it is in compliance with the City of Dubuque's Unified Development Code and the City's policy for sustainability points when receiving public as- sistance. Upon motion the documents were re- ceived and filed, and Resolution No. 281-21 Au- thorizing approval of the Final Plat of Rustic Point Estates #2 in the City of Dubuque, Dubu- que County, Iowa was adopted. RESOLUTION NO. 281-21 AUTHORIZING APPROVAL OF THE FINAL PLAT OF RUSTIC POINT ESTATES #2 IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, there has been filed with the City Clerk a Final Plat of Rustic Point Estates #2 in the City of Dubuque, Dubuque County, Iowa; and Whereas, upon said final plat appear public streets to be known as Wagon Wheel Lane (Lot L), Sickle Lane (Lot M), Rustic Point Lane (Lot N), Wagon Wheel Lane (Lot O), and Lasso Court (Lot P) and detention basin (Lot J), public park (Lot K) and together with certain public util- ity, storm sewer, sanitary sewer, storm drain- age, cul-de-sac , and water main easements, which the owner by said final plat has dedicated to the public forever; and Whereas, the preliminary plat has been ex- amined by the Zoning Advisory Commission and its approval has been endorsed thereon; and 330 Regular Session, August 16, 2021 Book 151 Whereas, said final plat has been reviewed by the City Planner and his approval has been endorsed thereon, subject to the owner's agreeing to the conditions specified herein; and Whereas, said final plat has been examined by the City Council and the City Council find the final plat conforms to the applicable statutes and ordinances, except that streets and public utilities have not yet been completely con- structed or installed. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the dedication of Wagon Wheel Lane (Lot L), Sickle Lane (Lot M), Rustic Point Lane (Lot N), Wagon Wheel Lane (Lot O), and Lasso Court (Lot P) and detention basin (Lot J) and public park (Lot K) together with cer- tain public utility, storm sewer, sanitary sewer, storm drainage, cul-de-sac, and water main easements, as they appear on said final plat, be and the same are hereby accepted; and Section 2. That the Final Plat of Rustic Point Estates #2 is hereby approved, and the Mayor and City Clerk are hereby authorized and di- rected to endorse the approval of the City of Dubuque, Iowa, upon said final plat, provided the owners of said property herein named, exe- cute their written acceptance of the attached conditions and further agree: (a) To reduce Wagon Wheel Lane (Lot L), Sickle Lane (Lot M), Rustic Point Lane (Lot N), Wagon Wheel Lane (Lot O), and Lasso Court (Lot P) to grade and to con- struct longitudinal sub -drain, concrete curb and gutter with asphaltic concrete pavement or with Portland Cement con- crete pavement with integral curb, and temporary cul-de-sacs, all in accordance with the City of Dubuque standard specifi- cations in a manner acceptable to the City Engineer, in conformance with construc- tion improvement plans approved by the City Engineer, and inspected and ap- proved by the City Engineer. (b) To grade Public Park (Lot K) in ac- cordance with the City of Dubuque stand- ard specifications in a manner acceptable to the City Engineer and Leisure Services Manager, in conformance with construc- tion improvement plans approved by the City Engineer and inspected and ap- proved by the City Engineer. (c) To install sanitary sewer mains and sewer service laterals into each individual lot, water mains and water service laterals into each individual lot, sanitary sewer lift station force main and appurtenances, storm water detention basin and rip -rap channel (Lot J), storm sewers and catch basins, boulevard street lighting, fiber op- tic conduit and vaults, and erosion control devices all in accordance with the City of Dubuque standard specifications in a manner acceptable to the City Engineer, and in accordance with construction im- provement plans approved by the City En- gineer, and inspected and approved by the City Engineer. (d) To construct accessible sidewalk ramps at each intersection and street crossings in accordance with City of Dubuque Standards and Specifications, all in a manner acceptable to the City En- gineer, and in accordance with the con- struction improvement plans approved by the City Engineer and inspected and ap- proved by the City Engineer. (e) To construct concrete sidewalk across Lots J and K in accordance with City of Dubuque Standards and Specifica- tions, all in a manner acceptable to the City Engineer, and in accordance with the construction improvement plans approved by the City Engineer and inspected and approved by the City Engineer. (f) To construct the improvements out- lined in (a), (b), (c), (d), and (e) above within two years from the date of ac- ceptance of this resolution, at the sole ex- pense of the owners, or future owner. (g) To maintain the improvements out- lined in (a), (b), (c), (d) and (e) above for a period of two (2) years from the date of the acceptance of those improvements by the City Council of the City of Dubuque, Iowa, at the sole final expense of the owners, or future owner. (h) That access to Derby Grange Road is prohibited from Lots 5 thru 7 and access to John F. Kennedy Road is prohibited from Lots 1 thru 5 and 73 thru 76 of Rustic Point Estates #2. (i) To provide security for the perfor- mance of the foregoing conditions speci- fied in this Section in such form and with such sureties as may be acceptable to the City Manager of the City of Dubuque, Iowa. Section 3. That sidewalk installation shall be the responsibility of each lot owner for each lot abutting the public rights -of -way, including lots with multiple frontages, as required by City Code Chapter 10-1-2 (Sidewalk Installation and Repair). Section 4. That the owner must construct and maintain erosion control devices in Rustic Point Estates #2 which control erosion and pre- vent sediment from leaving the site. The owner shall also be responsible for maintenance of the detention facility and rip -rap channel located on Lot J and Lot K of Rustic Point Estates #2 until 80% of the lots in Rustic Point Estates #2, which drain into said detention facility, have been fully developed and adequate erosion control measures, as approved by the City Engineer, Book 151 Regular Session, August 16, 2021 331 have been installed on the remaining 20% of said lots. Until the above 80% of lots are devel- oped, maintenance of the detention facility and rip -rap channel in Lot J and Lot K of Rustic Point Estates #2 shall include the removal of sedi- ment and other debris caused by construction activities in Rustic Point Estates and reshaping and reseeding of the disturbed areas. After said 80% lots are developed, inspection, administra- tion, and maintenance expenses incurred by the City of Dubuque for the storm water deten- tion facility and rip -rap channel on Lot J and Lot K of Rustic Point Estates #2 shall be assessed against the property owners, except the City of Dubuque, in Rustic Point Estates #2, as indi- cated on the preliminary plats thereof, in equal amounts. The City Manager shall certify such costs to the City Clerk, who in turn shall promptly certify such costs to the Dubuque County Treasurer, and such costs shall then be collected with and in the same manner as gen- eral property taxes in accordance with provi- sions of law. Section 5. That the planting of street trees shall be coordinated with the City's Urban For- ester. Any tree(s) planted within the street right- of-way must be approved by the Urban For- ester. The locations and species of tree(s) will be approved by the Urban Forester and planted and cared for though establishment by the de- veloper at the developer's expense. Section 6. That the final acceptance of the public improvements shall only occur upon cer- tification of the City Engineer to the City Council that the public improvements have been com- pleted in accordance with the approved im- provement plans and City standards and spec- ifications and accepted by City Council Resolu- tion. Section 7. That in the event Derby Grange, LLC fails to execute the acceptance and furnish the guarantees provided hereof within 180 days after the date of this Resolution, the provisions hereof shall be null and void and the ac- ceptance of the dedication and approval the plat shall not be effective. Passed, approved, and adopted this 16th day of August 2021. Danny C. Sprank, Mayor Pro Tern Attest: Adrienne N. Breitfelder, City Clerk 20. 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. 282-21 Approving applications for beer, liquor, and/or wine permits, as re- quired 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. 282-21 APPROVING APPLICATIONS FOR BEER, LIQUOR, AND/OR WINE PERMITS, AS RE- QUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LI- CENSE REGULATIONS, CHAPTER 2 LIQ- UOR CONTROL, ARTICLE B LIQUOR, 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 author- ized and directed to cause to be issued the noted permit types to the following applicants pending submission of the locally required doc- umentation: Renewals 1st and Main, 101 -113 Main St. Applebee's Neighborhood Grill and Bar, 1395 Associates Dr. Downtown Billiards, 1850 Central Ave. Fas Mart #5159, 2175 Central Ave. House of China, 170 John F. Kennedy Rd. Hy-Vee Club Room, 2395 Dodge St. Keywest Conoco, 2150 Twin Valley Dr. Kwik Star #495, 2685 Dodge St. Kwik Stop C-Store, 2335 University Ave. The Lift, 180 Main St. Vinny Vanucchi's Little Italy, 164 Main St. Walnut Tap, 709 University Ave. New Dubuque Tobacco and Grocery, 1248 Iowa St. Egelhof, Siegert and Casper Funeral Home and Crematory, 2659 John F. Kennedy Rd. Rusty Taco, 3333 Asbury Rd. Special Event(s) per Special Event Application Submittal Dubuque Irish Hooley, Alliant Amphitheater located on Bell Street Passed, approved, and adopted this 16th day of August 2021. Danny C. Sprank, Mayor Pro Tern 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 Jones. Motion carried 7-0. 332 Regular Session, August 16, 2021 Book 151 1. Proceedings for Public Hearing on the Is- suance of Not to Exceed $290,000, Sewer Rev- enue Capital Loan Notes (Interim Financing) State Revolving Funds, Planning and Design Loan Applications: City Manager recommended that a public hearing be set for September 7, 2021, on the proposition of selling not to exceed $290,000 in Sewer Revenue Capital Loan Notes (Interim Financing) State Revolving Loan Fund Program, the proceeds of which will be used to pay planning and design costs for High Strength Waste Receiving and Storage Project. Upon motion the documents were received and filed, and Resolution No. 283-21 Fixing date for a meeting on the authorization of a Loan and Disbursement Agreement and the issuance of not to exceed $290,000 Sewer Revenue Capi- tal Loan Notes of the City of Dubuque, Iowa, and providing for publication of notice thereof was adopted, setting a public hearing for a meeting to commence at 6:30 p.m. on Septem- ber 7, 2021, in the Historic Federal Building. RESOLUTION NO. 283-21 FIXING DATE FOR A MEETING ON THE AU- THORIZATION OF A LOAN AND DISBURSE- MENT AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $290,000 SEWER REV- ENUE CAPITAL LOAN NOTES OF THE CITY OF DUBUQUE, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF Whereas, it is deemed necessary and ad- visable that the City of Dubuque, Iowa should provide for the authorization of a Loan and Dis- bursement Agreement and the issuance of Sewer Revenue Capital Loan Notes, in the amount of not to exceed $290,000, as author- ized by Sections 384.24A and 384.83, Code of Iowa, as amended, for the purpose of providing funds to pay costs as hereinafter described; and Whereas, it is proposed that the City fund its costs on an interim basis under Section 76.13 of the Code of Iowa, anticipating in part, the fu- ture receipt of the proceeds of the issuance of said Sewer Revenue Capital Loan Notes; and Whereas, the City has applied for a loan through the Iowa Water Pollution Control Works Financing Program pursuant to which the Iowa Finance Authority has agreed to purchase the City's Notes and has requested that such Notes be issued as a single Note in a denomination equal to the total amount of the issue as author- ized by Chapter 384, Code of Iowa; and Whereas, the Loan and Disbursement Agreement and Note shall be payable solely and only out of the Net Revenues of the Munic- ipal Sewer System and shall be a first lien on the future Net Revenues of the Utility; and shall not be general obligations of the City or payable in any manner by taxation and the City shall be in no manner liable by reason of the failure of the Net Revenues to be sufficient for the pay- ment of the Loan and Disbursement Agreement and Note; and Whereas, before a Loan and Disbursement Agreement may be authorized and Sewer Rev- enue Capital Loan Notes issued to evidence the obligation of the City thereunder, it is necessary to comply with the provisions of the City Code of Iowa, as amended, 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 Loan and Dis- bursement Agreement and Notes and to re- ceive oral and/or written objections from any resident or property owner of the City to such action. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That this Council meet in the His- toric Federal Building, 350 West 6th Street, Dubuque, Iowa, City of Dubuque, Iowa, at 6:30 o'clock p.m., on the 7th day of September 2021, for the purpose of taking action on the matter of the authorization of a Loan and Disbursement Agreement and the issuance of not to exceed $290,000 Sewer Revenue Capital Loan Notes to evidence the obligations of the City thereun- der, the proceeds of which will be used to pro- vide funds to pay the costs of acquisition, con- struction, reconstruction, extending, remodel- ing, improving, repairing and equipping all or part of the Municipal Sewer System, including for the High Strength Waste Receiving and Storage Project. 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, pub- lished 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 issuance of the Notes. Section 3. The notice of the proposed action shall be in substantially the [provided] form: Passed and approved this 16th day of Au- gust 2021. Danny C. Sprank, Mayor Pro Tern Attest: Adrienne N. Breitfelder, City Clerk 2. Petition to Vacate a portion of Grace Street, in the City of Dubuque, Iowa University of Dubuque - Grace Street Vacate Agreement: City Manager recommended that a public hear- ing be set for September 7, 2021 on the dis- posal of Lot 14A of O'Hare's Subdivision for a purchase price of $80,491.50, plus publication and filing fees. Upon motion the documents were received and filed, and Resolution No. 284-21 Intent to vacate a portion of Grace Street, in the City of Dubuque, Iowa, to be known as Lot 14A of O'Hare's Subdivision, in Book 151 Regular Session, August 16, 2021 333 the City of Dubuque, Iowa was adopted, setting a public hearing for a meeting to commence at 6:30 p.m. on September 7, 2021, in the Historic Federal Building. RESOLUTION NO. 284-21 INTENT TO VACATE A PORTION OF GRACE STREET, IN THE CITY OF DUBUQUE, IOWA, TO BE KNOWN AS LOT 14A OF O'HARES SUBDIVISION, IN THE CITY OF DUBUQUE, IOWA Whereas, the City of Dubuque has entered into an agreement with University of Dubuque for the sale of City Owned property including a portion of the Grace Street right of way between Algona Street and McCormick Street, in the City of Dubuque, Iowa, in the City of Dubuque, Iowa; and Whereas, the University of Dubuque has re- quested the vacation of a portion of Grace Street and the conveyance of the property to University of Dubuque per said agreement; and Whereas, WHKS and Co. has prepared and submitted to the City Council a plat showing the proposed vacated area of Grace Street right of way between Algona Street and McCormick Street, in the City of Dubuque, Iowa, Iowa and assigned a lot number thereto, which hereinaf- ter shall be known and described as Lot 14A in O'Hare's Subdivision, in the City of Dubuque, Iowa. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the City of Dubuque intends to vacate Lot 14A in O'Hare's Subdivision, in the City of Dubuque, Iowa. Section 2. That a public hearing, and/or by virtual means, on the intent to vacate Lot 14A of O'Hare's Subdivision, in the City of Dubuque, Iowa is hereby set for the 7th day of September, 2021, at the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa, beginning at 6:30 p.m., and the City Clerk be and is hereby au- thorized and directed to cause a 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 16th day of August 2021. Danny C. Sprank, Mayor Pro Tern Attest: Adrienne N. Breitfelder, City Clerk 3. Sale of City -owned property at 654 Clarke Drive: City Manager recommended the City Council set a public hearing for September 7, 2021, on the disposition of City -owned real property located at 654 Clarke Drive to Torrent Property Management LLC for the amount of $35,250. Upon motion the documents were re- ceived and filed, and Resolution No. 285-21 In- tent to dispose of an interest in City of Dubuque real estate to Torrent Property Management LLC, setting a time and place for hearing, and providing for the publication of notice thereof was adopted, setting a public hearing for a meeting to commence at 6:30 p.m. on Septem- ber 7, 2021, in the Historic Federal Building. RESOLUTION NO. 285-21 INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE REAL ESTATE TO TOR- RENT PROPERTY MANAGEMENT LLC, SETTING A TIME AND PLACE FOR HEAR- ING, AND PROVIDING FOR THE PUBLICA- TION OF NOTICE THEREOF Whereas, the City of Dubuque, Iowa (City) owns real property situated in Dubuque County, Iowa, legally identified as 654 Clark Drive, Dubuque, Iowa and legally described as: Lot 63 in Littleton and Sawyer's Subdivision of Mineral Lot 194 the City of Dubuque, Iowa, according to the recorded plat thereof — 654 Clarke Drive; and Whereas, City acquired the through a peti- tion for title to abandoned property for the pur- pose of its rehabilitation and reuse as afforda- ble housing; and Whereas, City received an offer to purchase and rehabilitate the property from Torrent Prop- erty Management LLC; and Whereas, by accepting the selected offer the City's objectives of rehabilitation of dilapi- dated residences can be realized and is con- sistent with the City goal of creating opportuni- ties for affordable homeownership. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque, Iowa, proposes to dispose of its interest in the above - described real estate to Torrent Property Man- agement the sum of $35,250.00. Section 2. That the City Council shall con- duct a public hearing on the proposed disposi- tion of real estate in the City Council Chambers at the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa on the 71h day of Sep- tember 2021 beginning at 6:30 p.m. Section 3. That the City Clerk be and is hereby authorized and directed to publish no- tice of the public hearing in the form attached hereto, according to law. Passed, approved, and adopted this 16th day of August 2021. Danny C. Sprank, Mayor Pro Tern Attest: Adrienne N. Breitfelder, City Clerk 4. Resolution of Necessity for the Amend- ment of the Dubuque Industrial Center Eco- nomic Development District Urban Renewal Plan, Version 2021.4: City Manager recom- mended City Council approval of a Resolution of Necessity that finds that an Amended and Restated Urban Renewal Plan for the Dubuque 334 Regular Session, August 16, 2021 Book 151 Industrial Center Economic Development Dis- trict is both necessary and appropriate and sets a public hearing on the proposed amendment for September 20, 2021. Upon motion the doc- uments were received and filed, and Resolution No. 286-21 Authorizing and directing the City Manager to prepare an Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic Development District and set- ting dates for the public hearing and consulta- tion process on the proposed Amended and Restated Urban Renewal Plan for said district was adopted, setting a public hearing for a meeting to commence at 6:30 p.m. on Septem- ber 20, 2021 in the Historic Federal Building. RESOLUTION NO. 286-21 AUTHORIZING AND DIRECTING THE CITY MANAGER TO PREPARE AN AMENDED AND RESTATED URBAN RENEWAL PLAN FOR THE DUBUQUE INDUSTRIAL CENTER ECONOMIC DEVELOPMENT DISTRICT AND SETTING DATES FOR THE PUBLIC HEAR- ING AND CONSULTATION PROCESS ON THE PROPOSED AMENDED AND RE- STATED URBAN RENEWAL PLAN FOR SAID DISTRICT Whereas, the City Council of the City of Dubuque has heretofore approved the Amended and Restated Urban Renewal Plan (the "Plan" or "Urban Renewal Plan") for the Dubuque Industrial Center Economic Develop- ment District (the "District') in order to provide redevelopment opportunities which will further the purposes and objectives of the foregoing Urban Renewal Plan; and Whereas, City staff has recommended that the Plan be further amended to remove prop- erty from Subarea C of the District; and Whereas, Iowa Code Chapter 403 requires that before a Plan may be modified, the City Council must follow the notification, consulta- tion, and public hearing process set forth therein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Manager is author- ized and directed to prepare an Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic Development Dis- trict to include in such Plan any appropriate pro- ject activities and details, and to determine an appropriate date for and conduct the consulta- tion process required by law with affected tax- ing entities concerning the proposed amend- ment. Section 2. That the City Council hold a pub- lic hearing on the adoption of the proposed Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic Development District on September 20, 2021, at 6:30 p.m. in the form attached hereto. The notice of said hearing shall generally identify the areas covered by the Plan and the general scope of the urban renewal activities planned for such areas and said notice shall be pub- lished in a newspaper having general circula- tion within the City not less than four days nor more than twenty days before the date of said meeting. A copy of the notice of public hearing shall be sent by ordinary mail to the affected taxing entities. Section 3. That the Economic Development Department is further directed to send by ordi- nary mail a copy of said Plan, the notice of pub- lic hearing, a notice of consultation, and, to the extent the Plan includes the use of tax incre- ment revenues for a public building, an analysis of alternative development and funding options for such public buildings, to the Dubuque Com- munity School District and the Dubuque County Board of Supervisors, as the affected taxing en- tities. Passed, approved, and adopted this 16"' day of August 2021. Danny C. Sprank, Mayor Pro Tern Attest: Adrienne N. Breitfelder, City Clerk 5. Resolution of Necessity for the Amend- ment of the Dubuque Industrial Center Eco- nomic Development District Urban Renewal Plan, Version 2021.5: City Manager recom- mended City Council approval of a Resolution of Necessity that finds that an Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic Development Dis- trict is both necessary and appropriate and sets a public hearing on the proposed amendment for September 20, 2021. Upon motion the doc- uments were received and filed, and Resolution No. 287-21 Authorizing and directing the City Manager to prepare an Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic Development District and set- ting dates for the public hearing and consulta- tion process on the proposed Amended and Restated Urban Renewal Plan for said district was adopted, setting a public hearing for a meeting to commence at 6:30 p.m. on Septem- ber 20, 2021, in the Historic Federal Building. RESOLUTION NO. 287-21 AUTHORIZING AND DIRECTING THE CITY MANAGER TO PREPARE AN AMENDED AND RESTATED URBAN RENEWAL PLAN FOR THE DUBUQUE INDUSTRIAL CENTER ECONOMIC DEVELOPMENT DISTRICT AND SETTING DATES FOR THE PUBLIC HEAR- ING AND CONSULTATION PROCESS ON THE PROPOSED AMENDED AND RE- STATED URBAN RENEWAL PLAN FOR SAID DISTRICT Whereas, the City Council of the City of Dubuque has heretofore approved the Amended and Restated Urban Renewal Plan Book 151 Regular Session, August 16, 2021 335 (the "Plan" or "Urban Renewal Plan") for the Dubuque Industrial Center Economic Develop- ment District (the "District") in order to provide redevelopment opportunities which will further the purposes and objectives of the foregoing Urban Renewal Plan; and Whereas, City staff has recommended that the Plan be amended to expand the District; and Whereas, Iowa Code Chapter 403 requires that before a Plan may be modified, the City Council must follow the notification, consulta- tion, and public hearing process set forth therein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Manager is author- ized and directed to prepare an Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic Development Dis- trict to include in such Plan any appropriate pro- ject activities and details, and to determine an appropriate date for and conduct the consulta- tion process required by law with affected tax- ing entities concerning the proposed amend- ment. Section 2. That the City Council hold a pub- lic hearing on the adoption of the proposed Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic Development District on September 20, 2021, at 6:30 p.m. in the form attached hereto. The notice of said hearing shall generally identify the areas covered by the Plan and the general scope of the urban renewal activities planned for such areas and said notice shall be pub- lished in a newspaper having general circula- tion within the City not less than four days nor more than twenty days before the date of said meeting. A copy of the notice of public hearing shall be sent by ordinary mail to the affected taxing entities. Section 3. That the Economic Development Department is further directed to send by ordi- nary mail a copy of said Plan, the notice of pub- lic hearing, a notice of consultation, and, to the extent the Plan includes the use of tax incre- ment revenues for a public building, an analysis of alternative development and funding options for such public buildings, to the Dubuque Com- munity School District and the Dubuque County Board of Supervisors, as the affected taxing en- tities. Passed, approved, and adopted this 16"' day of August 2021. Danny C. Sprank, Mayor Pro Tern Attest: Adrienne N. Breitfelder, City Clerk BOARDS/COMMISSIONS 1. Boards and Commission Appointments: Appointments were made to the following com- missions. i. Historic Preservation Commission: One, 3-Year term through July 1, 2024 (Vacant term of Klavitter). 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 females/3 openings. *Openings were advertised for 90 days while non -male identifying applicants were sought in adherence with Iowa Code 69.16A Gender Bal- ance. Additional openings on the commission are being advertised for 90 days while nonmale identifying applicants are sought in adherence with Iowa Code 69.16A Gender Balance. Mo- tion by Cavanagh to appoint Mr. Gau to the three-year term through July 1, 2024. Se- conded by Roussell. Motion carried 7-0. ii. Housing Commission: Three, 3-Year terms through August 17, 2024 (Expiring terms of Dalton, Weitz and Wooden). Applicants: Hil- ary Dalton, 1629 Washington St.; Gail Weitz, 1630 Lori Ct.; and Sam Wooden, 1135 Rosedale Ave. Motion by Jones to appoint Ms. Dalton, Ms. Weitz, and Mr. Wooden to the three-year terms through August 17, 2024. Se- conded by Farber. Motion carried 7-0. iii. Housing Trust Fund Advisory Committee: One, 3-Year term through August 17, 2024 (Ex- piring term of Becwar). Applicant: Michelle Becwar, 2115 Coates St. Motion by Jones to appoint Ms. Becwar to the three-year term through August 17, 2024. Seconded by Res- nick. Motion carried 7-0. ACTION ITEMS 1. Grant Application for the U.S. Depart- ment of Commerce's National Telecommunica- tions and Information Administration (NTIA) Funding for the Deployment of Broadband In- frastructure: City Manager recommended the City Council submit an application to the Na- tional Telecommunications and Information Ad- ministration (NTIA) for funding for the Deploy- ment of Broadband Infrastructure for deploy- ment of broadband internet services in the pro- ject area containing portions of Census Tracts 1, 3, 4 and 5. Motion by Jones to receive and file the documents and adopt Resolution No. 288-21 Approving Application for U.S. Depart- ment of Commerce's National Telecommunica- tions and Information Administration (NTIA) Funding for the deployment of Broadband Infra- structure. Seconded by Roussell. Information Services Manager Chris Kohlmann and ImOn Communications Vice President of Network Operations and Engineering Bernard Dutchik made a presentation. Topics included: NTIA's Broadband Infrastructure Program; Dubuque 336 Regular Session, August 16, 2021 Book 151 Community Equitable Poverty Reduction and Prevention Plan; Digital equity; Affordability; Accessibility; Analysis; Snapshot of proposed project area; Covered partnerships; and Re- moval of barriers. The presenters responded to questions from the City Council regarding the selection process for the broadband provider and confirmed that there is no cost to the city for this program. Dave Lyons, Sustainable In- novation Consultant with Greater Dubuque De- velopment Corporation (GDDC), responded to questions via phone regarding the city and GDDC's partnership with ImOn Communica- tions, best practices for training the community on technology, and opportunities to engage the community about broadband. City Council members expressed support for the program and stated the importance of expanding broad- band access in the community. Motion carried 7-0. RESOLUTION NO. 288-21 APPROVING APPLICATION FOR U.S. DE- PARTMENT OF COMMERCE'S NATIONAL TELECOMMUNICATIONS AND INFOR- MATION ADMINISTRATION (NTIA) FUNDING FOR THE DEPLOYMENT OF BROADBAND INFRASTRUCTURE Whereas, 286 census blocks within census tracts 1, 3, 4 and 5 with a population of 12,700 and a total of 5,523 households have been identified as disproportionally receiving broad- band services and are identified as a project area for deployment of improved broadband in- frastructure; and Whereas, A greater percentage of individu- als and families living in the project area are be- low the poverty line as compared to other areas of Dubuque, and the City has focused its efforts on improving access to essential services and benefits and providing greater economic oppor- tunity to persons residing there; and Whereas, ImOn Communications, LLC (ImOn) a provider of fixed broadband service, is the co -applicant of this grant application as a covered partnership and a subrecipient in the grant application; and Whereas, ImOn proposes to construct within a proposed project area a Fiber -to -the Premise last mile network that will make high speed broadband services available to all resi- dential, business and community anchor institu- tions in the project area fostering a more sus- tainable, equitable and resilient Dubuque; and Whereas, As a means to dramatically im- prove and "future -proof' the broadband infra- structure and fixed broadband services availa- ble to residents, businesses and others within the Bee Branch area, the City commits to part- nering with and assisting ImOn, wherever pos- sible, with its deployment of a Fiber -to -the Premise last mile network in such area that will: (1) make high speed broadband services avail- able to all residential, business and community anchor institutions in the project area offering various initial broadband service packages with speeds significantly greater than qualifying broadband minimums, up to and including speeds as high as 1 Gig download/500 Mb up- load; and (2) also provide a reliable, robust and scalable fiber broadband network and services by connecting to ImOn's existing and extensive fiber backbone network; and Whereas, The City and ImOn Communica- tions will submit an application for NTIA funding for the deployment of broadband infrastructure $6,000,000 to construct within the proposed project area a Fiber -to -the Premise last mile network, and deployment of additional middle mile transport facilities connecting to ImOn's core backbone network allowing connection of all local last -mile connections within the project area to its fiber backbone network; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA AS FOLLOWS: Section 1. Approving the NTIA funding ap- plication for the deployment of broadband infra- structure for $6,000,000. Section 2. Establishing the City Manager as the City's authorized representative regarding the grant. Passed, approved, and adopted this 16"' day of August 2021. Danny C. Sprank, Mayor Pro Tern Attest: Adrienne N. Breitfelder, City Clerk 2. Amendment to City of Dubuque Code of Ordinances Title 4 Business and License Reg- ulations, Chapter 2 Liquor Control: City Clerk recommended City Council adoption of an ordi- nance amending Title 4 Business and License Regulations, Chapter 2 Liquor Control to coin- cide with the Iowa Alcoholic Beverage Divi- sion's documentation and fee procedures and to authorize the City Clerk's Office to issue pro- visional approval for new and renewal appli- cants prior to regularly scheduled City Council meetings when the applicants have met all pro- visions of the city and state codes. 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 Farber. City Clerk Breitfelder summarized the changes that would result from the ordinance amendment and responded to questions from the City Council regarding the approval process for liquor license applications. Motion carried 7- 0. Motion by Jones for final consideration and passage of Ordinance No. 29-21 Amending City of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapter 2 Book 151 Regular Session, August 16, 2021 337 Liquor Control, Article B Liquor, Beer and Wine Surcharges, and 4-213-9 Action by Council; for - Licenses and Permits, Sections 4-213-7 Proof of warding of documents to state. Seconded by Financial Responsibility, 4-213-8 Fees and Farber. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 29-21 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LI- CENSE REGULATIONS, CHAPTER 2 LIQ- UOR CONTROL, ARTICLE B LIQUOR, BEER AND WINE LICENSES AND PERMITS, SEC- TIONS 4-213-7 PROOF OF FINANCIAL RE- SPONSIBILITY, 4-213-8 FEES AND SUR- CHARGES, AND 4-213-9 ACTION BY COUN- CIL; FORWARDING OF DOCUMENTS TO STATE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. Section 4-213-7 of the City of Dubuque Code of Ordinances is amended to read as follows: 4-26-7: PROOF OF FINANCIAL RESPOW SIBILITY: Each liquor control licensee and retail beer permittee shall furnish proof of financial re- sponsibility either by the existence of a liability insurance policy or by posting bond in such amount as shall be determined by the Iowa Al- coholic Beverage Division which shall be based on a review of factors, including but not limited to: A. Amount of financial support and operat- ing funds; B. Prompt payment of state and local taxes; C. Fees and charges for municipal utilities and services; and D. Prompt payment of licensing fees and any administrative penalties. Section 2. Section 4-213-8 of the City of Dubuque Code of Ordinances is amended to read as follows: 4-2B-8: RESERVED: Section 3. Section 4-213-9 of the City of Dubuque Code of Ordinances is amended to read as follows: 4-26-9: ACTION BY COUNCIL; FOR- WARDING OF DOCUMENTS TO STATE: A. Action taken by the city council shall be so endorsed on the application and there- after the application shall be forwarded to the division for such further action as is provided by law. B. Provisional Licenses and Permits. 1. The City Clerk's Office is authorized to issue provisional approval for new and renewal applicants for liquor, beer, and wine licenses and permits prior to regularly scheduled City Coun- cil meetings when the applicants have met all of the application and inspec- tion provisions of the city and state codes. 338 Regular Session, August 16, 2021 Book 151 2. The City Clerk shall place all provi- sional approvals on the next regularly scheduled City Council Agenda for re- view and either approval or revocation by the City Council. 3. The City Council reserves the right to revoke any provisional new or renewal liquor, beer, and wine approval issued by the City Clerk's Office when an ap- plicant is no longer eligible for a li- cense or permit at the time of the reg- ularly scheduled City Council meeting and approval would result in the viola- tion of any provisions of this code, other city ordinances, or the state code. Section 4. This ordinance shall take effect upon publication. Passed, approved, and adopted this 16th day of August 2021. /s/Danny C. Sprank, Mayor Pro Tem Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 20th day of August 2021. /s/Adrienne N. Breitfelder, City Clerk 3. Pledge Agreement and Letter of Support: City Manager recommended approval of a Pledge Agreement and Letter of Support for in- clusion in the Minnesota Board of Water and Soil Resources' application for a USDA Natural Resources Conservation Service Conservation Innovation Grant. Motion by Cavanagh to re- ceive and file the documents and approve the agreement and letter. Seconded by Resnick. Motion carried 7-0. 4.Orchard Drive, Cider Ridge and Jonathan Lane Water Main Project 2021 Award Resolu- tion: City Manager recommended award of the contract for the Orchard Drive, Cider Ridge and Jonathan Lane Water Main Project 2021 to the low bidder, Temperley Excavating, in the amount of $432,316.50. Motion by Jones to re- ceive and file the documents and adopt Reso- lution No. 289-21 Awarding Public Improve- ment Contract for the Jonathan Lane, Cider Ridge and Orchard Drive Water Main Replace- ment Project 2021. Seconded by Roussell. Wa- ter Department Manager Christopher Lester re- sponded to a question from the City Council re- garding changes to the bid amount. Motion car- ried 7-0. RESOLUTION NO. 289-21 AWARDING PUBLIC IMPROVEMENT CON- TRACT FOR THE JONATHAN LANE, CIDER RIDGE AND ORCHARD DRIVE WATER MAIN REPLACEMENT PROJECT 2021 Whereas, sealed proposals have been sub- mitted by contractors for the Jonathan Lane, Ci- der Ridge, and Orchard Drive Water Main Re- placement Project, (the Project) pursuant to Resolution No. 254-21 and Notice to Bidders published on the City of Dubuque, Iowa website and plan room service with statewide circulation on the 23rd day of July 2021; and Whereas, said sealed proposals were opened and read on the 9th day of August 2021 and it has been determined that Temperley Ex- cavating of East Dubuque, Illinois, in the base bid amount of $432,316.50, is the lowest re- sponsive, responsible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That a Public Improvement Contract for the Jonathan Lane, Cider Ridge, and Orchard Drive Water Main Replacement Project, is hereby awarded to Temperley Excavating and the City Manager is hereby directed to execute a Public Improvement Contract on behalf of the City of Dubuque for the Project. Passed, adopted, and approved this 16th day of August 2021. Danny C. Sprank, Mayor Pro Tem Attest: Adrienne N. Breitfelder, City Clerk 5. Intent to Apply for Expansion of Four Mounds Park: Acquisition of Four Mounds Farm and Negotiate Purchase Agreement: City Man- ager recommended City Council approval to apply for expansion of Four Mounds Park: ac- quisition of Four Mounds Farm, a 40.47-acre farm located at 4392 Peru Road, and authorize the City Manager to negotiate a purchase agreement with the Four Mounds Foundation. Motion by Cavanagh to receive and file the doc- uments and adopt Resolution No. 290-21 Au- thorizing the Mayor to execute an application for the expansion of Four Mounds Park: acqui- sition of Four Mounds Farm and authorizing the Leisure Services Manager and the City Man- ager to approve the application. Seconded by Farber. Park Division Manager Stephen Fehsal responded to a question from the City Council regarding plans for FDR park. City Council members expressed support for the potential expansion of Four Mounds and suggested a work session be scheduled in the future to re- view the Master Plan for FDR park. Motion car- ried 7-0. RESOLUTION NO. 290-21 AUTHORIZING THE MAYOR TO EXECUTE AN APPLICATION FOR THE EXPANSION OF FOUR MOUNDS PARK: ACQUISITION OF FOUR MOUNDS FARM AND AUTHORIZING THE LEISURE SERVICES MANAGER AND THE CITY MANAGER TO APPROVE THE AP- PLICATION Whereas, the City of Dubuque has an es- tablished and strong relationship with Four Mounds Foundation; and Whereas, the City of Dubuque proposes the Expansion of Four Mounds Park through the Book 151 Regular Session, August 16, 2021 339 acquisition of the Four Mounds Farm. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA, THAT: Section 1. That the Mayor hereby is author- ized and directed to submit an application for the Expansion of Four Mounds Park: Acquisi- tion of Four Mounds Farm on behalf of the City of Dubuque. Section 2. That the Leisure Services Man- ager and the City Manager are hereby author- ized to approve the application that is submitted to Iowa Department of Natural Resources. Section 3. That the City Manager is hereby authorized and directed to forward said applica- tion and resulting standard executed grant ap- plication to the respective agencies in a timely fashion and as required by the Iowa Depart- ment of Natural Resources. Passed, approved, and adopted this 16'h day of August 2021. Danny C. Sprank, Mayor Pro Tern Attest: Adrienne N. Breitfelder, City Clerk 6. City Fiscal Year 2022 Update to Dubuque County REAP 5-Year Plan and City Council Representative to REAP Committee: City Man- ager recommended City Council approval of the City of Dubuque's Fiscal Year 2022 update to the Dubuque County 5-Year REAP Plan and confirm City Council Member Danny Sprank as the City's representative to the County REAP Committee. Motion by Jones to receive and file the documents and approve the recommenda- tion. Seconded by Resnick. Mayor Pro Tern Sprank confirmed that he would like to continue serving on the REAP Committee. Motion car- ried 7-0. 7. Question and Answer Follow-up to Au- gust 2 Work Session on the City's 2021-2023 Equity Plan: City Manager requested time on the August 16, 2021, City Council agenda for follow-up questions from the August 2, 2021, work session on the City's 2021-2023 Equity Plan. Motion by Cavanagh to receive and file the documents and refer to City Council for dis- cussion. Seconded by Resnick. Human Rights Director Kelly Larson responded to questions from the City Council on the equity plan's rela- tionship to other city plans and methods to track progress. Ms. Larson stated that additional data collection for the equitable fine and fee reform project will be important. Responding to a ques- tion from the City Council, City Attorney Brum- well stated that court fine and fee reform was a legislative priority for the past two years, and that court data is tracked through the state judi- cial branch at the county level. Responding to a question from the City Council, Housing and Community Development Director Alexis Steger stated that the city continues discus- sions with local organizations to potentially 340 Special Session, August 23, 2021 create a volunteer group to assess properties. In response to a question from the City Council about the new Director of Shared Prosperity role, City Manager Van Milligen stated that the Equitable Poverty Reduction and Prevention Plan advised that a city staff person was needed for implementation of the plan's recom- mendations. Responding to a question from the City Council, Chief of Police Mark Dalsing stated that city staff plan to begin the hiring pro- cess for the Community Diversion and Preven- tion Coordinator position in the next few months. Motion carried 7-0. 8. City of Dubuque Summer 2021 Ameri- Corps Core Values Video: Media Services showed a video highlighting the Summer 2021 AmeriCorps Program. Motion by Roussell to re- ceive and file the information and view the video. Seconded by Farber. Motion carried 7-0. COUNCIL MEMBER REPORTS Council Member Jones complimented the team responsible for the recent Field of Dreams game in Dyersville. Mr. Jones also reported on the Miracle League of Dubuque ribbon cutting ceremony and the recent passing of Mike Iron - side. Mayor Pro Tern Sprank also reported on the Miracle League of Dubuque ribbon cutting cer- emony and stated that Crescent Community Health Center also had a ribbon cutting re- cently. There being no further business, Mayor Pro Tern Sprank declared the meeting adjourned at 8:07 p.m. /s/Adrienne N. Breitfelder, City Clerk Book 151 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 4:00 p.m. on August 23, 2021, in the Grand River Center, 500 Bell Street, Room 4. Present: Mayor Buol; Council Members Cavanagh, Farber, Jones, Resnick, Roussell, Sprank; City Manager Van Milligen, City Attor- ney Brumwell. Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of conducting the annual goal setting session 1 of 3. WORK SESSION Fiscal Year 2023 Goal Setting Session 1 of 3 Facilitator Lyle Sumek, of Lyle Sumek As- sociates, Inc., opened the work session with an overview of the goal setting process. Mr. Su- mek reviewed the following sections from the Leaders Guide 2021 working document for in- put from the City Council: Section 3: Performance Report 2020-2021 Section 5: Looking to Dubuque's Future The City Council paused for dinner from 6:00 to 6:34 p.m. Mr. Sumek then reviewed Section 6: City of Dubuque Plan 2021-2027 with the City Council. The City Council discussed changes and addi- tions. There being no further business, Mayor Buol declared the meeting adjourned at 8:46 p.m. /s/Adrienne N. Breitfelder, City Clerk Book 151 Special Sessions, August 24 and 25, 2021 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 4:15 p.m. on August 24, 2021, in the Grand River Center, 500 Bell Street. Due to in- clement weather, the City Council and mem- bers of the public convened in a temporary shel- ter location of the Grand River Center for the beginning of the session. Present: Mayor Buol; Council Members Cavanagh, Farber, Jones, Resnick, Roussell, Sprank; City Manager Van Milligen, City Attor- ney Brumwell. Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of conducting the annual goal setting session 2 of 3. WORK SESSION Fiscal Year 2023 Goal Setting Session 2 of 3 Facilitator Lyle Sumek, of Lyle Sumek As- sociates, Inc., reviewed the following section from the Leaders Guide 2021 working docu- ment: Section 6: City of Dubuque Plan 2021-2027. The City Council discussed changes and addi- tions to the section. All attendees reconvened in Room 4 at 5:00 p.m. once confirmed that all inclement weather warnings had expired. Section 6: (continued) The City Council paused for dinner from 6:00 to 6:45 p.m. Section 6: (continued) There being no further business, Mayor Buol declared the meeting adjourned at 8:10 p.m. /s/Adrienne N. Breitfelder, City Clerk 341 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 4:00 p.m. on August 25, 2021, in the Grand River Center, 500 Bell Street, Room 4. Present: Mayor Buol; Council Members Cavanagh, Farber, Jones, Resnick, Roussell, Sprank, City Attorney Brumwell. City Manager Van Milligen arrived at 4:03 p.m. Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of conducting the annual goal setting session 3 of 3. WORK SESSION Fiscal Year 2023 Goal Setting Session 3 of 3 Facilitator Lyle Sumek, of Lyle Sumek As- sociates, Inc., provided updated documents for Section 2: Strategic Planning Documents 2020- 2025-2036 and Action Agenda 2020-2021, and Section 6: City of Dubuque Plan 2021-2027 of the Leaders Guide 2021 working document. Mr. Sumek also provided Section 7: Action Agenda 2021-2023. The City Council reviewed and ranked their top and high priorities for Fiscal Year 2023. The City Council paused for dinner from 6:05 p.m. to 6:44 p.m. City Council continued reviewing and rank- ing their top and high priorities, resulting in the following ranking: City of Dubuque Goals 2026 • Robust Local Economy: Diverse Busi- nesses and Jobs with Economic Prosper- ity • Vibrant Community: Healthy and Safe • Livable Neighborhoods and Housing: Great Place to Live • Financially Responsible, High -Perfor- mance City Organization: Sustainable, Equitable, and Effective Service Delivery • Sustainable Environment: Preserving and Enhancing Natural Resources • Partnership for a Better Dubuque: Build- ing Our Community that is Viable, Livable, and Equitable • Diverse Arts, Culture, Parks, and Recrea- tion Experiences and Activities • Connected Community: Equitable Trans- portation, Technology Infrastructure, and Mobility 342 Special Session, September 7, 2021 Policy Agenda Policy agenda items are issues that need di- rection or a policy decision by the City Council or need a major funding decision by the City Council, or issues that need City Council lead- ership in the community or with other govern- mental bodies. The policy agenda is divided into top priorities and high priorities. 2021 — 2023 Top Priorities (in alphabetical order): • Chaplain Schmitt Island Master Plan Im- plementation • City Information and Network Security • Equitable Poverty Prevention and Reduc- tion Plan Implementation • Federal Infrastructure Program Prepara- tion • Five Flags Center Direction • Historic Building Rehabilitation/Preserva- tion • Sewer System Infrastructure Upgrade (in- cluding Catfish Creek Sanitary Sewer System) 2021 — 2023 High Priorities (in alphabetical order): • Bee Branch Watershed Project: Next Steps • Childcare Initiative • Community Broadband Expansion • Complete Streets Concept Implementa- tion: 161h St./Elm St./14th St. • Railroad Overpass Project • Comprehensive Parks Master Plan • Imagine Dubuque Implementation • West End Fire Station There being no further business, Mayor Buol declared the meeting adjourned at 7:10 p.m. /s/Adrienne N. Breitfelder, City Clerk Book 151 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 5:30 p.m. on September 7, 2021, in the second -floor Council Chambers of the His- toric Federal Building, 350 W. 6th Street. Present: Mayor Buol; Council Members Cavanagh, Farber, Jones, Resnick, Roussell (attended virtually), 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 Sustainable Dubuque update. WORK SESSION Sustainable Dubuque Update Planning Services Manager Wally Werni- mont made a presentation on sustainability practices as they relate to the planning depart- ment. Topics included: • Unified Development Code (UDC) • Sustainable Division Development • Conservation Subdivision • Solar Subdivision • Cottage Design Subdivision • Other Options for Sustainability Points • Site Plan Design Standards • Site Development: Low Impact Develop- ment Tools • Landscaping Requirements • Site Landscaping • Trees and Shrubs • Street Trees • Parking Lot Landscaping • Parkland Development • Imagine Dubuque Mr. Wernimont responded to questions from the City Council regarding lot specifications of cottage design subdivisions, requirements for streets annexed into the city to attain sustaina- bility points, and which developments achieve higher sustainability points. Mr. Wernimont stated that the Planning Services Department's staff memos for City Council agenda items de- tail the sustainability points that an applicant has accrued. There being no further business, Mayor Buol declared the meeting adjourned at 6:24 p.m. /s/Adrienne N. Breitfelder, City Clerk Book 151 Regular Session, September 7, 2021 343 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on September 7, 2021, in the second -floor Council Chambers of the His- toric Federal Building, 350 W. 6"' Street. Present: Mayor Buol; Council Members Cavanagh, Farber, Jones, Resnick, Roussell (attended virtually), 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. COVID-19 Update: Mary Rose Corrigan, Public Health Specialist for the City of Dubu- que, provided an update on the COVID-19 pan- demic and response activities. Ms. Corrigan re- sponded to questions from the City Council re- garding hospital capacity, frequency of state re- porting, and potential impacts of the upcoming flu season. PROCLAMATION(S) 1. Days of Peace and Non -Violence (Sep- tember 11 - September 29, 2021) was accepted by Art Roche, R.R.S. Stewart, and Mira Mosle on behalf of the Dubuque International Day of Peace Coordinating Committee. 2. National Recovery Month (September 2021) was accepted by Sue Greene on behalf of ZTM Sober Living. 3. National Library Card Signup Month (September 2021) was accepted by Library Di- rector Nick Rossman on behalf of Carnegie Stout Public Library. 4. St. John's Community Kindness Month (September 2021) was accepted by John Stew- art on behalf of St. John's Episcopal Church Kindness Community Campaign. CONSENT ITEMS Motion by Resnick to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Farber. Motion carried 7-0. 1. Minutes and Reports Submitted: City Council Proceedings of 8/16, 8/23, 8/24, and 8/25; Library Board of Trustees Minutes of 7/22; Proof of publication for City Council proceed- ings of 8/2, 8/9, and 8/16; Proof of publication for List of Claims and Summary of Revenues for Month Ended 7/31. Upon motion the docu- ments were received and filed. 2. Notice of Claims and Suits: Dennis Viertel for vehicle damage. Upon motion the docu- ments were received, filed, and referred to the City Attorney. 3. Disposition of Claims: City Attorney ad- vised that the following claims have been re- ferred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Dennis Viertel for vehicle damage. Upon motion the documents were received, filed, and concurred. 4. Approval of City Expenditures: City Man- ager recommended City Council approval for payment of City expenditures. Upon motion the documents were received and filed, and Reso- lution No. 291-21 Authorizing the Director of Fi- nance and Budget/City Treasurer to make cer- tain payments of bills that must be paid and ap- proved for payment in accordance with City pro- cedures was adopted. RESOLUTION NO. 291-21 AUTHORIZING THE DIRECTOR OF FI- NANCE AND BUDGET / CITY TREASURER TO MAKE CERTAIN PAYMENTS OF BILLS THAT MUST BE PAID AND APPROVED FOR PAYMENT IN ACCORDANCE WITH CITY PROCEDURES 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 De- partment personnel in accordance with gener- ally accepted internal control procedures and have been determined to have been requisi- tioned for a lawful municipal purpose; and Whereas, the Finance Director -City Treas- urer 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 pay- ment of certain expenditures known as Excep- tion Expenditures prior to City Council approval 344 Regular Session, September 7, 2021 Book 151 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 Treas- urer is hereby authorized to issue payment for goods and services provided for City purposes in response to the purchase orders and con- tracts issued in compliance with state and mu- nicipal code requirements as requested by des- ignated requisitioning authorities in accordance with approved budget appropriations. Section 2. In accordance with Iowa Code Section 372.13(6), the City Clerk and Finance Director are hereby authorized and directed to provide the statement of receipts and disburse- ments to the City Council, and to publish a sum- mary thereof. Passed, approved, and adopted this 7th day of September 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 5. Proposed Downtown Rehabilitation Grant Award for 1540 Central Avenue: City Manager recommended approval of a Downtown Reha- bilitation Loan Program Grant Award to Real Property Investments, LLC in the maximum amount of $50,000 for rehabilitation of 1540 Central Avenue. Upon motion the documents were received and filed, and Resolution No. 292-21 Approving a Grant Agreement between the City of Dubuque, Iowa and Real Property Investments, LLC for the Redevelopment of 1540 Central Avenue was adopted. RESOLUTION NO. 292-21 APPROVING A GRANT AGREEMENT BE- TWEEN THE CITY OF DUBUQUE, IOWA AND REAL PROPERTY INVESTMENTS, LLC FOR THE REDEVELOPMENT OF 1540 CENTRAL AVENUE Whereas, Real Property Investments, LLC is the owner of the building at 1540 Central Av- enue in the City of Dubuque, Iowa (the "Devel- opment Property") legally described as: The Northerly 30 feet 6 inches of the Mid- dle 1/5 of Lot 442 in the City of Dubuque, Iowa, according to the United States Com- missioners Map thereof; and Whereas, Real Property Investments, LLC has applied to the City of Dubuque Economic Development Department (the "City") for a Downtown Housing Incentive Grant and a Fa- gade Grant (the "Grants") for the rehabilitation of the Development Property (the "Project"); and Whereas, the Project is eligible for the Grants; and Whereas, City and Real Property Invest- ments, LLC has tentatively entered into a Grant Agreement for the Development Property (the "Grant Agreement"), a copy of which is attached hereto; and Whereas, it is the determination of the City Council that approval of the Grant Agreement for redevelopment of the Development Property by Real Property Investments, LLC, according to the terms and conditions set out in the Grant Agreement, is in the public interest of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Grant Agreement be- tween the City of Dubuque and Real Property Investments, LLC is hereby approved. Section 2. That the Mayor is hereby author- ized and directed to execute the Grant Agree- ment on behalf of the City of Dubuque and the City Clerk is authorized and directed to attest to his signature. Section 3. That the City Manager is author- ized to take such actions as are necessary to comply with the terms of the Grant Agreement as herein approved. Passed, approved, and adopted this 7th day of September 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 6. Amendment to Fiscal Year 2022 Con- tracted Service Agreement with Dubuque Area Convention and Visitors Bureau (a.k.a. Travel Dubuque): City Manager recommended adop- tion of a resolution approving the First Amend- ment to the Fiscal Year 2022 Contracted Ser- vice Agreement with Travel Dubuque. Upon motion the documents were received and filed, and Resolution No. 293-21 Approving the First Amendment to Agreement between the City of Dubuque, Iowa and Dubuque Area Convention and Visitors Bureau (a.k.a. Travel Dubuque) was adopted. RESOLUTION NO. 293-21 APPROVING THE FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND DUBUQUE AREA CONVENTION AND VISITORS' BUREAU (A.K.A.TRAVEL DUBUQUE) Whereas, the City of Dubuque (City) and Dubuque Area Convention and Visitors Bureau (Agency) previously entered into an Agreement dated for reference purposes the 1 st day of July 2021 for the promotion and encouragement of tourist and convention business in the City; and Whereas, City and Agency desire to amend the Agreement as set forth in the attached First Amendment to Grant Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the First Amendment to Agreement between the City of Dubuque, Iowa Book 151 Regular Session, September 7, 2021 345 and Dubuque Area Convention and Visitors Bu- reau, a copy of which is attached hereto, is hereby approved. Section 2. That the Mayor is hereby author- ized and directed to execute the First Amend- ment to Agreement on behalf of the City of Dubuque and the City Clerk is authorized and directed to attest to his signature. Section 3. That the City Manager is author- ized to take such actions as are necessary to comply with the terms of the First Amendment to Agreement as herein approved. Passed, approved, and adopted this 7th day of September 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 7. Contract Amendment to State of Iowa Di- rect Financial Assistance Contract by and among Medline Industries, Inc. MRE DIA, LLC, the City of Dubuque, and the Iowa Economic Development Authority: City Manager recom- mended approval of a resolution authorizing a contract amendment between Medline Indus- tries, Inc., MRE DIA, LLC, the City of Dubuque and the Iowa Economic Development Authority which modifies the project completion date for its job creation requirements from March 31, 2021, to December 31, 2022. Upon motion the documents were received and filed, and Reso- lution No. 294-21 Approving the Contract Amendment to the Economic Development Fi- nancial Assistance Contract by and among Medline Industries, Inc., MRE DIA, LLC, the City of Dubuque, Iowa, and the Iowa Economic Development Authority was adopted. RESOLUTION NO. 294-21 APPROVING THE CONTRACT AMENDMENT TO THE ECONOMIC DEVELOPMENT FINAN- CIAL ASSISTANCE CONTRACT BY AND AMONG MEDLINE INDUSTRIES, INC., MRE DIA, LLC, THE CITY OF DUBUQUE, IOWA, AND THE IOWA ECONOMIC DEVELOP- MENT AUTHORITY Whereas, Medline Industries, Inc., MRE DIA, LLC (Medline) and the City of Dubuque (City) entered into an Economic Development Financial Assistance Contract (the Contract) with the Iowa Economic Development Authority (IEDA) to facilitate the creation of one hundred five (105) full-time jobs in the City; and Whereas, Medline has requested an exten- sion of the Project Completion Date in the Con- tract; and Whereas, the parties now desire to amend the Contract as set forth in the attached Con- tract Amendment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Contract Amendment is hereby approved. Section 2. The Mayor is hereby authorized and directed to execute, and the City Manager is hereby directed to submit the Contract Amendment to the Iowa Economic Develop- ment Authority together with such other docu- ments as may be required. Passed, approved, and adopted this 7th day of September 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 8. Approval of Assignment Agreement, Medline Industries, Inc. Corporate Reorganiza- tion: City Manager recommended approval of resolutions and First Amendment and Assign- ment Agreement for Medline Industries, Inc. and its subsidiaries. Upon motion the docu- ments were received and filed, and Resolution No. 295-21 Approving an Assignment Agree- ment between MRE DIA, LLC and MRE Propco, LP and Resolution No. 296-21 Approv- ing the First Amendment to Amended and Re- stated Development Agreement between the City of Dubuque, Iowa and Medline Industries, Inc. were adopted. RESOLUTION NO. 295-21 APPROVING AN ASSIGNMENT AGREE- MENT BETWEEN MRE DIA, LLC AND MRE PROPCO, LP Whereas, Medline Industries, Inc. entered into an Amended and Restated Development Agreement dated June 4, 2018, with the City of Dubuque, Iowa, providing certain rights and ob- ligations with respect to the property legally de- scribed as Lot 1 of Dubuque Industrial Center North Third Addition (the Property); and Whereas, Medline Industries, Inc. assigned its right to take title to the Property to MRE DIA, LLC pursuant to an Assignment, Acceptance and Notice; and Whereas, MRE DIA, LLC in the Assign- ment, Acceptance and Notice agreed to be bound by all of the terms and conditions of the Amended and Restated Development Agree- ment; and Whereas, MRE DIA, LLC now desires to transfer the Property and assign its rights to the Property to MRE Propco, LP pursuant to the at- tached Assignment Agreement, subject to the consent of the City of Dubuque; and Whereas, the City Council of the City of Dubuque finds that consent to the Assignment Agreement is in the best interests of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: Section 1. The Assignment Agreement is hereby approved. Section 2. The Mayor is hereby authorized and directed to sign the Consent to Assignment Agreement on behalf of the City of Dubuque. 346 Regular Session, September 7, 2021 Book 151 Passed, approved, and adopted this 7t' day of September 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk RESOLUTION NO. 296-21 APPROVING THE FIRST AMENDMENT TO AMENDED AND RESTATED DEVELOP- MENT AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND MEDLINE INDUS- TRIES, INC. Whereas, Medline Industries, Inc. entered into an Amended and Restated Development Agreement dated June 4, 2018, with the City of Dubuque, Iowa, providing certain rights and ob- ligations with respect to the property legally de- scribed as Lot 1 of Dubuque Industrial Center North Third Addition (the Property); and Whereas, Medline Industries, Inc. assigned its right to take title to the Property to MIRE DIA, LLC pursuant to an Assignment, Acceptance and Notice; and Whereas, MIRE DIA, LLC in the Assign- ment, Acceptance and Notice agreed to be bound by all of the terms and conditions of the Amended and Restated Development Agree- ment; and Whereas, MIRE DIA, LLC, has transferred the Property and assigned its rights to the Prop- erty to MIRE Propco, LP; and Whereas, Medline Industries, Inc., pursuant to a Section K reorganization, is now Medline Industries, LP; and Whereas, the City of Dubuque, Medline In- dustries, LP and MIRE Propco, LP now desire to amend the Amended and Restated Develop- ment Agreement as set forth in the attached First Amendment to Amended and Restated Development Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: Section 1. The First Amendment to Amended and Restated Development Agree- ment is hereby approved. Section 2. The Mayor is hereby authorized and directed to sign the First Amendment to Amended and Restated Development Agree- ment on behalf of the City of Dubuque. Passed, approved and adopted this 7th day of September 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 9. Summary of COVID — 19 Vaccination ef- forts by City of Dubuque: City Manager trans- mitted a summary of COVID-19 Vaccination ef- forts by the City of Dubuque. Upon motion the documents were received and filed. 10. Recommendations for Supporting Local Governments making American Rescue Plan (ARP) Eligible Expenditures: Correspondence from Chuck Isenhart, Iowa State Representa- tive of House District 100, on recommendations he has provided to Iowa Governor Kim Reyn- olds for supporting local governments making American Rescue Plan (ARP) eligible expendi- tures. Upon motion the documents were re- ceived and filed. 11. Appointment of Liaison to the Long - Range Planning Commission: Housing Com- mission recommended that Commissioner Amy Eudaley continue as the Housing Commission Liaison to the Long -Range Planning Commis- sion. Upon motion the documents were re- ceived, filed, and approved. 12. Appointment of Liaison to the Commu- nity Development Advisory Commission: Hous- ing Commission recommended that Commis- sioner Hilary Dalton continue as the Housing Commission Liaison to the Community Devel- opment Advisory Commission. Upon motion the documents were received, filed, and approved. 13. Washington Neighborhood / Housing Trust Fund Application: City Manager recom- mended approval of a resolution authorizing commitment of $34,951.64 from Greater Dubu- que Downtown TIF as a match to the Housing Trust Fund Committee's application to the Iowa Finance Authority for a $183,956 grant from the State Housing Trust Fund for continued support of homeownership and rehabilitation activities in the Washington Neighborhood. Upon motion the documents were received and filed, and Resolution No. 297-21 Approving commitment of matching funds for an application to the Iowa Finance Authority (IFA) for State Housing Trust Funds was adopted. RESOLUTION NO. 297-21 APPROVING COMMITMENT OF MATCHING FUNDS FOR AN APPLICATION TO THE IOWA FINANCE AUTHORITY (IFA) FOR STATE HOUSING TRUST FUNDS Whereas, the Iowa Finance Authority has recognized Dubuque's Housing Trust Fund Committee as a certified Local Housing Trust Fund; and Whereas, IFA has made funding available in statewide competition to local trust funds for State Housing Trust Fund grants, in amounts based on population size; and Whereas, a 25% local match of the first 60% of the total award amount and 10% of the re- maining 40% of the total award, or a total of $34,951.64 is required for receipt of a funding award; and Whereas, the Housing Trust Fund Commit- tee has authorized an application to IFA for a Housing Trust Fund award, in the amount of $183,956; and Book 151 Regular Session, September 7, 2021 347 Whereas, the GDTIF Activity No. 2681021 funds are available in the current year Housing Department's budget in sufficient amount to meet the matching funds requirement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque hereby approves commitment of $34,951.64, in the current year GDTIF as a match to the applica- tion for IFA State Housing Trust Funds. Section 2. That the Housing Trust Fund Committee, in accordance with Sec. 2-5D-7 of the Code of Ordinances, shall have final author- ity to direct how such funds shall be used in support of revitalization activities in the Wash- ington Neighborhood. Passed, approved, and adopted this 7th day of September 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 14. Notice of Application for Family Self Suf- ficiency Coordinator Grant: City Manager rec- ommended approval to submit a $133,507 grant application to the US Department of Housing and Urban Development (HUD) for re- newal funding for two Family Self -Sufficiency (FSS) Program Coordinators for the calendar year 2022. Upon motion the documents were received and filed, and Resolution No. 298-21 Authorizing the Director of Housing and Com- munity Development to execute an application for the HUD Family Self -Sufficiency Program Grant and authorizing the Director of Housing and Community Development and the City Manager to approve the application was adopted. RESOLUTION NO. 298-21 AUTHORIZING THE DIRECTOR OF HOUS- ING AND COMMUNITY DEVELOPMENT TO EXECUTE AN APPLICATION FOR THE HUD FAMILY SELF- SUFFICIENCY PROGRAM GRANT AND AUTHORIZING THE DIRECTOR OF HOUSING AND COMMUNITY DEVELOP- MENT AND THE CITY MANAGER TO AP- PROVE THE APPLICATION Whereas, the U.S. Department of Housing and Urban Development has published a No- tice of Funding Availability (NOFA) for the Fam- ily Self -Sufficiency Program to be utilized for the salaries of program coordinators combining the funding for the FSS coordinators that serve Housing Choice Voucher (HCV) participants and/or Public Housing (PH) participants for Cal- endar Year 2022; and Whereas, the City of Dubuque has adminis- tered Project Self -Sufficiency since September 1987 that became the Family Self -Sufficiency (FSS) Program in July 1994; and Whereas, the City of Dubuque has received funding for an FSS coordinator continuously from 1994 thru 2019, 2021; and Whereas, the City of Dubuque proposes to continue administering the FSS program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE IOWA: Section 1: That the Director of Housing and Community Development is hereby authorized and directed to submit an application for the HUD FSS program grant; and Section 2: That the Director of Housing and Community Development and the City Manager are hereby authorized to approve the applica- tion that is submitted to HUD; and Section 3: That the City Manager is hereby authorized and directed to forward said applica- tion and resulting standard executed contract to the respective agencies in a timely fashion and as required by the U. S. Department of Housing and Urban Development. Passed, approved, and adopted this 7th day of September 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breiffelder, City Clerk 15. Human Trafficking Training and Bus Wrap: City Manager transmitted information about training provided in March of 2021 to the Jule bus operators by the Tri State Coalition Against Human Trafficking and Slavery, as well as a promotional bus wrap applied to a City of Dubuque bus to raise awareness about human trafficking. Upon motion the documents were received and filed. 16. Signed Contract(s): Service Agreement with Dakota, Minnesota and Eastern Railroad Corporation (Canadian Pacific) for the 171h Street Storm Sewer Project; Interim Manage- ment Agreement with Dubuque Community Ice and Recreation Center for management of Mys- tique Community Ice Center; Parking Agree- ment with Q Casino for use of a City -owned area for parking on specified dates. Upon mo- tion the documents were received and filed. 17. Improvement Contracts / Performance, Payment and Maintenance Bonds: Drew Cook and Sons Excavating for Green Alley Repair of 2417 White Street; Drew Cook and Sons Exca- vating for the Chavenelle Road Water Main Im- provements; G&R Tree Service for the 2021 Stumps/Sidewalks Project One; Horsfield Con- struction, Inc. for the Chavenelle Road Recon- struction Project - Radford Road to Northwest Arterial; SELCO, Inc. for the 2021 Pavement Marking Project; Temperley Excavating, Inc. for the Wood St. Sanitary / Water Project. Upon motion the documents were received, filed, and approved. 348 Regular Session, September 7, 2021 Book 151 18. 2021 Asphalt Overlay Access Ramp Project 2: City Manager recommended ac- ceptance of the construction contract for the 2021 Asphalt Overlay Access Ramp Project 2, as completed by S&S Builders, in the final con- tract amount of $93,349.29. Upon motion the documents were received and filed, and Reso- lution No. 299-21 Accepting the 2021 Asphalt Overlay Access Ramp Project 2 and authoriz- ing the payment to the contractor was adopted. RESOLUTION NO. 299-21 ACCEPTING THE 2021 ASPHALT OVERLAY ACCESS RAMP PROJECT 2 AND AUTHOR- IZING THE PAYMENT TO THE CONTRAC- TOR Whereas, the public improvement contract for 2021 Asphalt Overlay Access Ramp Project 2, (the Project) has been completed by the Con- tractor, S&S Builders, (Contractor), the City En- gineer has examined the work and recom- mends that the Project be accepted; and Whereas, the final contract amount for the Project is $93,349.29.00; and Whereas, the Contractor has previously been paid $88,681.83, leaving a balance of $4,667.46; and Whereas, the City Council finds that the rec- ommendation 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 $4,667.46 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 7th day of September 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 19. Chaplain Schmitt Veterans Memorial Project — Acceptance of the Construction Con- tract: City Manager recommended acceptance of the construction contract for the Chaplain Schmitt Veterans Memorial Project, as com- pleted by Conlon Construction, in the final con- tract amount of $2,579,595.77. Upon motion the documents were received and filed, and Resolution No. 300-21 Accepting the Chaplain Schmitt Veterans Memorial Project and author- izing the payment to the contractor was adopted. RESOLUTION NO. 300-21 ACCEPTING THE CHAPLAIN SCHMITT VET- ERANS MEMORIAL PROJECT, AND AU- THORIZING THE PAYMENT TO THE CON- TRACTOR Whereas, the public improvement contract for the Chaplain Schmitt Veterans Memorial Project (the Project) has been completed by the Contractor, Conlon Construction, (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 $2,579,595.77; and Whereas, the Contractor has previously been paid $2,450,615.98, leaving a balance of $128,979.79; and Whereas, the City Council finds that the rec- ommendation 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 Director of Finance and Budget is hereby directed to pay to the Contrac- tor the balance of the retainage of $128,979.79 as provided in Iowa Code chapter 573, and to pay such retainage in accordance with the pro- visions of Iowa Code chapter 573 or Iowa Code chapter 26.13. Passed, approved, and adopted this 7th day of September 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breiffelder, City Clerk CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF THE CHAPLAIN SCHMITT VETERANS MEMORIAL PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the Chaplain Schmitt Veterans Me- morial Project has been performed in compli- ance with the terms of the Public Improvement Contract, and that the total cost of the com- pleted work is $2,579,595.77. Dated this 1 st day of September 2021. /s/Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 1 st day of September 2021. /s/Adrienne N. Breitfelder, City Clerk 20. Acceptance of Grants of Easements for Hike/Bike Trail and Public Utilities from Prop- erty Owners on Chavenelle Road in the City of Dubuque as Part of the Chavenelle Road Hike/Bike Trail Project - Phase 2: City Manager recommended acceptance of a Grant of Ease- ment from Dubuque Initiatives, Chavenelle Warehouse Development, LLC, A.Y. McDonald Mfg. Co., F.H. Uelner Precision Tools and Dies, Inc. and AB(MC)2, LLC for hike/bike trail and public utilities as part of the Chavenelle Road Hike/Bike Trail Project- Phase 2. Upon motion the documents were received and filed, and Book 151 Regular Session, September 7, 2021 349 Resolution No. 301-21 Accepting Grants of Easement for hike/bike trail and public utilities associated with the Chavenelle Road Hike/Bike Trail Project - Phase 2, in the City of Dubuque, Iowa was adopted. RESOLUTION NO. 301-21 ACCEPTING GRANTS OF EASEMENT FOR HIKE/BIKE TRAIL AND PUBLIC UTILITIES ASSOCIATED WITH THE CHAVENELLE ROAD HIKE/BIKE TRAIL PROJECT - PHASE 2, IN THE CITY OF DUBUQUE, IOWA Whereas, Dubuque Initiatives, has exe- cuted a Grant of Easement for Hike/Bike Trail and Public Utilities across Part of Lot 2-3 of Dubuque Industrial Center 12th Addition, in the City of Dubuque, Iowa; and Whereas, Chavenelle Warehouse Develop- ment, LLC, has executed a Grant of Easement for Hike/Bike Trail and Public Utilities across Part of Lot 1 of Dubuque Industrial Center 6th Addition, in the City of Dubuque; and Whereas, A.Y. McDonald MFG. Co., has executed a Grant of Easement for Hike/Bike Trail and Public Utilities across Part of Lot 3 of Dubuque Industrial Center 9th Addition, in the City of Dubuque, Iowa; and Whereas, F.H. UELNER PRECISION TOOLS and DIES, INC., has executed a Grant of Easement for Hike/Bike Trail and Public Util- ities across Part of Lot 2-2 of Dubuque Indus- trial 6th Addition", in the City of Dubuque, Iowa; and Whereas, AB(MC)2, LLC., has executed a Grant of Easement for Hike/Bike Trail and Pub- lic Utilities across Parts of Lots 1 and 2 of the "Final Plat of the Subdivision of Lot 1 of Dubu- que Industrial First Addition", in the City of Dubuque. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts and consents to the Grants of Easement for Hike/Bike Trail and Public Utilities, across the properties as listed above, in the City of Dubu- que, Iowa from the property owners as listed above, copies of which are 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. Section 3. That the City Clerk be and is hereby authorized and directed to record a cer- tified copy of this resolution with each said Grant of Easement for Hike/Bike and Public Utilities in the offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved, and adopted this 7th day of September 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breiffelder, City Clerk 21. Acceptance of Grants of Easement for Sanitary Sewer Utility from Barbara and Calvin Gatch, in the City of Dubuque, as Part of the Sanitary Sewer Improvements — Table Mound System Project: City Manager recommended acceptance of the dedication of Grants of Ease- ment for Sanitary Sewer Utility across proper- ties owned by Barbara and Calvin Gatch, in the City of Dubuque, as part of the Sanitary Sewer Improvements — Table Mound System Project. Upon motion the documents were received and filed, and Resolution No. 302-21 Accepting Grants of Easement for sanitary sewer utility across parts of Lot 1 and 2 of the subdivision of the Northwest Quarter of the Northwest Quarter of Section 7, T88N, R3E, of the 51h P.M., Dubu- que County, Iowa was adopted. RESOLUTION NO. 302-21 ACCEPTING GRANTS OF EASEMENT FOR SANITARY SEWER UTILITY ACROSS PARTS OF LOT 1 AND 2 OF THE SUBDIVI- SION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 7, T88N, R3E, OF THE 5T" P.M., DUBUQUE COUNTY, IOWA Whereas, Barbara E. and Calvin F. Gatch, have executed a Grant of Easement for Sani- tary Sewer Utility across Part of Lot 1 of the Subdivision of the Northwest Quarter of the Northwest Quarter of Section 7, T88N, R3E, of the 5th P.M., Dubuque County, Iowa; and Whereas, Barbara E. and Calvin F. Gatch, have executed a Grant of Easement for Sani- tary Sewer Utility across Part of Lot 2 of the Subdivision of the Northwest Quarter of the Northwest Quarter of Section 7, T88N, R3E, of the 5th P.M., Dubuque County, Iowa. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts and consents to the Grants of Easement for Sanitary Sewer Utility, across the properties as listed above, in the City of Dubuque, Iowa from the property owners as listed above, copies of which are 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. Section 3. That the City Clerk be and is hereby authorized and directed to record a cer- tified copy of this resolution with each said Grant of Easement for Sanitary Sewer Utility in the offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved, and adopted this 7th day of September 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 350 Regular Session, September 7, 2021 Book 151 22. Adoption of Code of Ordinances Sup- plement Nos. 2021 S-4 and 2021 S-4 Replace- ment: City Clerk recommended adoption of Supplement Nos. 2021 S-4 and 2021 S-4 Re- placement to the City of Dubuque Code of Or- dinances that codifies Ordinance Nos. 11-21 through 27-21. Supplement No. 2021 S-4 Re- placement was required to correct a misprinted date in Supplement No. 2021 S-4. Upon motion the documents were received and filed, and Resolution No. 303-21 Adopting Supplement Nos. 2021 S-4 and 2021 S-4 Replacement to the Code of Ordinances of the City of Dubuque, Iowa was adopted. RESOLUTION NO. 303-21 ADOPTING SUPPLEMENT NOS. 2021 S-4 AND 2021 S-4 REPLACEMENT TO THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA Whereas, under date of August 17, 2009, the City Council, pursuant to Ordinance No. 43- 09, readopted the Code of Ordinances of the City of Dubuque, Iowa in its entirety; and Whereas, since August 17, 2009, the City Council of the City of Dubuque, Iowa has adopted certain ordinances amending the Code of Ordinances and said amendments have been printed as supplements to the Code of Or- dinances; and Whereas, Section 380.8 of the Code of Iowa provides that supplements, by resolution, be- come part of the Code of Ordinances; and Whereas, Code Supplements are prepared by the American Legal Publishing of Cincinnati, Ohio and filed in the Office of the City Clerk of the City of Dubuque, Iowa; and Whereas, Supplement No. 2021 S-4 con- tains a misprinted date for City Council adoption of Ordinance No. 27-21; and Whereas, Supplement No. 2021 S-4 Re- placement corrects the date for City Council adoption of Ordinance No. 27-21. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That Supplement Nos. 2021 S-4 and 2021 S-4 Replacement to the City of Dubu- que Code of Ordinances, which codifies Ordi- nance Nos. 11-21 through 27-21 as approved by City Council through July 6, 2021, is hereby adopted, and becomes part of the Code of Or- dinances of the City of Dubuque, Iowa. Passed, approved, and adopted this 7th day of September 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 23. 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. 304-21 Approving applications for beer, liquor, and/or wine permits, as re- quired 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. 304-21 APPROVING APPLICATIONS FOR BEER, LIQUOR, AND/OR WINE PERMITS, AS RE- QUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LI- CENSE REGULATIONS, CHAPTER 2 LIQ- UOR CONTROL, ARTICLE B LIQUOR, 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, provisionally approved, and/or approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City, and the applicants have filed the proper fees and bonds and otherwise complied with the requirements 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 author- ized and directed to cause to be issued the noted permit types to the following applicants pending submission of the locally required doc- umentation: New Applications Mystique Ice Center, 1800 Admiral Sheehey Rd. Renewals Grand River Center, 500 Bell St. Grand Tap The, 802 Central Ave. Holy Spirit Church, 2981 Central Ave. Los Aztecas Mexican Restaurant, 2700 Dodge St. National Mississippi River Museum and Aquar- ium, 350 and 400 East 3rd St. North Side Liquor and Tobacco, 2013 Central Ave. Pete's Thai Kitchen, LLC, 609 East 22"d St. Red Robin America's Gourmet Burgers and Spirits, 2775 NW Arterial Ron's Discount Smokes and Bev. Cntr. # 1, 3300 Asbury Rd. Passed, approved, and adopted this 7th day of September 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk ITEMS SET FOR PUBLIC HEARING Motion by Resnick to receive and file the docu- ments, adopt the resolutions, and set the pub- lic hearings as indicated. Seconded by Jones. Motion carried 7-0. Book 151 Regular Session, September 7, 2021 351 1. Fiscal Year 2022 First Budget Amend- ment: City Manager recommended the first Fis- cal Year 2022 Budget Amendment be set for public hearing for September 20, 2021. Upon motion the documents were received and filed and Resolution No. 305-21 Setting the date for the public hearing on Amendment No. 1 to the Fiscal Year 2022 Budget for the City of Dubu- que was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on Septem- ber 20, 2021, in the Historic Federal Building. RESOLUTION NO. 305-21 SETTING THE DATE FOR THE PUBLIC HEARING ON AMENDMENT NO. 1 TO THE FISCAL YEAR 2022 BUDGET FOR THE CITY OFDUBUQUE Whereas, Iowa Code Section 384.16 pro- vides that the City Council shall set a time and place for a public hearing on amendments to the budget and publish notice before the hear- ing as provided in Iowa Code Section 362.3. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the City Council shall con- duct a public hearing on proposed Amendment No. 1 to the Fiscal Year 2022 budget for the City of Dubuque at the City Council Chambers at the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, on Monday, September 20, 2021, beginning at 6:30 p.m. Section 2. That the City Clerk be and is hereby authorized and directed to publish no- tice of the public hearing, according to law, to- gether with the required budget information. Passed, approved, and adopted this 7th day of September 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 2. Tiffany Court - Lead Mine Sinkhole Sub- sidence Remediation Project: Initiate Public Im- provement Bidding Process: City Manager rec- ommended initiation of the public bidding pro- cedure for the Tiffany Court — Lead Mine Sink- hole Subsidence Remediation Project, and fur- ther recommended that a public hearing be set for September 20, 2021. Upon motion the doc- uments were received and filed and Resolution No. 306-21 Tiffany Court - Lead Mine Sinkhole Subsidence Remediation Project: preliminary approval of plans, specifications, form of con- tract, and estimated cost; setting date of public hearing on plans, specifications, form of con- tract, and estimated cost; and ordering the ad- vertisement for bids was adopted setting a pub- lic hearing for a meeting to commence at 6:30 p.m. on September 20, 2021, in the Historic Federal Building. RESOLUTION NO. 306-21 TIFFANY COURT - LEAD MINE SINKHOLE SUBSIDENCE REMEDIATION PROJECT PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPECIFICA- TIONS, FORM OF CONTRACT, AND ESTI- MATED COST; AND ORDERING THE AD- VERTISEMENT FOR BIDS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The proposed plans, specifica- tions, form of contract and estimated cost for the Tiffany Court - Lead Mine Sinkhole Subsid- ence Remediation Project in the estimated amount $150,000.00, are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. Section 2. A public hearing will be held on the 20th day of September, 2021, at 6:30 p.m. in the Historic Federal Building Council Cham- bers (and/or by virtual means) 350 W. 6th Street, Dubuque, Iowa, at which time interested per- sons may appear and be heard for or against the proposed plans and specifications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubu- que, Iowa, which notice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any interested person may appear and file ob- jections to the proposed plans, specifications, form of contract, or estimated cost of the Pro- ject. Section 3. The Tiffany Court - Lead Mine Sinkhole Subsidence Remediation Project is hereby ordered to be advertised for bids for construction. Section 4. The amount of the security to ac- company each bid shall be in an amount which shall conform to the provisions of the Notice to Bidders hereby approved. Section 5. The City Engineer is hereby di- rected to advertise for bids for the construction of the improvements herein provided, by pub- lishing the Notice to Bidders to be published on the City of Dubuque website and a contractor plan room service with statewide circulation, which notice shall be published not less than thirteen but not more than forty-five days before the date for filing bids before 2:00 p.m. on the 28t" day of September 2021. Bids shall be opened and read by the City Clerk at said time and will be submitted to the City Council forfinal action at 6:30 p.m. on the 4th day of October 2021, in the Historic Federal Building Council Chambers (and/or by virtual means) 350 West 6th Street, Dubuque, Iowa. 352 Regular Session, September 7, 2021 Book 151 Passed, approved, and adopted this 7t' day of September 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 3. Kennedy Road Water Main Extension Project 2021: Initiate Public Bidding and Set the Public Hearing Date: City Manager recom- mended preliminary approval to the construc- tion plans and specifications; and establish September 20, 2021, as the date for the public hearing; and hereby authorize the City Clerk to advertise for bid proposals for the Kennedy Road Water Main Extension Project 2021. Upon motion the documents were received and filed and Resolution No. 307-21 Kennedy Road Water Main Extension Project 2021: preliminary approval of plans, specifications, form of con- tract, and estimated cost; setting date of public hearing on plans, specifications, form of con- tract, and estimated cost; and ordering the ad- vertisement for bids was adopted setting a pub- lic hearing for a meeting to commence at 6:30 p.m. on September 20, 2021, in the Historic Federal Building. RESOLUTION NO. 307-21 THE KENNEDY ROAD WATER MAIN EXTEN- SION PROJECT 2021 PRELIMINARY AP- PROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEAR- ING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE ADVERTISEMENT FOR BIDS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The proposed plans, specifica- tions, form of contract and estimated cost for the Kennedy Road Water Main Extension Pro- ject 2021 in the amount of $864,255.00, are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspec- tion. Section 2. A public hearing will be held on the 20th day of September, 2021, at 6:30 p.m. in the Historic Federal Building Council Cham- bers (second floor) 350 W. 6th Street, Dubuque, Iowa, at which time interested persons may ap- pear and be heard for or against the proposed plans and specifications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the at- tached notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any inter- ested person may appear and file objections to the proposed plans, specifications, form of con- tract, or estimated cost of the Project. Section 3. The Kennedy Road Water Main Extension Project 2021 Project is hereby or- dered to be advertised for bids for construction. Section 4. The amount of the security to ac- company each bid shall be in an amount which shall conform to the provisions of the Notice to Bidders hereby approved. Section 5. The City Engineering Depart- ment Manager is hereby directed to advertise for sealed bids for the construction of the im- provements herein provided, by publishing the Notice to Bidders to be published on the City of Dubuque website and a contractor plan room service with statewide circulation, which notice shall be published not less than thirteen but not more than forty-five days before the date for fil- ing bids before 2:00 p.m. on the 28th day of Sep- tember 2021. Bids shall be opened and read by the City Clerk at said time and will be submitted to the City Council for final action at 6:30 p.m. on the 4th day of October 2021, in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa. Passed, adopted, and approved this 7th day of September 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breiffelder, City Clerk -190 Z1 _PICILeGIM T l *1101161 1. Applications were reviewed for the follow- ing Boards and Commissions. Applicants were invited to address the City Council regarding their desire to serve on the following Boards / Commissions. i. Airport Commission: Two, 4-Year terms through September 14, 2025 (Expiring terms of Brotherton and Kurtz -Weber). Applicants: Douglas Brotherton, 2823 Hickory Hill Dr.; Ma- rianne Kurtz -Weber, 955 Prince Philip Dr. This commission is subject to the State of Iowa Gen- der Balance Law. 5 Commissioners total; cur- rently 1 male/2 females/2 openings. Mr. Broth- erton spoke in support of his appointment and provided a brief biography. Ms. Kurtz -Weber also spoke in support of her appointment and provided a brief biography. ii. Building Code Advisory and Appeals Board: One, 3-Year term through January 1, 2024 (Vacant HVAC Construction Professional term of Swift). Applicant: Corey Valaskey, 1385 Alta Vista (Applying for HVAC Construction Professional). iii. Historic Preservation Commission: One, 3-Year term through July 1, 2024 (Vacant term of Doyle). Applicant: William Doyle, 1591 White St. This commission is subject to the State of Iowa Gender Balance Law. 9 Commissioners Book 151 Regular Session, September 7, 2021 353 total; currently 5 males/ 2 females/ 2 openings *Opening was advertised for 90 days while non - male identifying applicants were sought in ad- herence with Iowa Code 69.16A Gender Bal- ance. Additional openings on the commission are being advertised for 90 days while nonmale identifying applicants are sought in adherence with Iowa Code 69.16A Gender Balance. iv. Housing Trust Fund Advisory Commit- tee: One, 3-Year term through August 17, 2024 (Expired term of Holz). Applicant: James Holz, 3010 Indiana Ct. v. Long Range Planning Advisory Commis- sion: One, 3-Year term through July 1, 2024 (Vacant term of Pregler). Applicant: Beth McGrath, 2575 Saint Anne Dr. PUBLIC HEARINGS 1. Petition to Vacate a portion of Grace Street, in the City of Dubuque, Iowa: University of Dubuque - Grace Street Vacate Agreement: Proof of publication on notice of public hearing to consider the vacating and disposal of the Grace Street right of way described as Lot 14A of O'Hare's Subdivision, in the City of Dubuque, Iowa, for a purchase price of $80,491.50, and City Manager recommended approval. Motion by Cavanagh to receive and file the documents and adopt Resolution No. 308-21 Vacating a portion of Grace Street, in the City of Dubuque, Iowa, to be known as Lot 14A of O'Hare's Sub- division, in the City of Dubuque, Iowa and Res- olution No. 309-21 Disposing of City Interest in Lot 14A of O'Hare's Subdivision, in the City of Dubuque, Iowa. Seconded by Jones. Adam Schwendinger, 1845 Bennett St., spoke about potential issues from traffic being re-routed be- cause of Grace Street's closure. Keith Obe- forth, Assistant Vice President for University of Dubuque, stated that the university is still con- firming the final design for proposed campus improvements on Grace Street. City Council members expressed support for the vacate agreement. Motion carried 7-0. RESOLUTION NO. 308-21 VACATING A PORTION OF GRACE STREET, IN THE CITY OF DUBUQUE, IOWA, TO BE KNOWN AS LOT 14A OF O'HARE'S SUBDI- VISION, IN THE CITY OF DUBUQUE, IOWA Whereas, the City of Dubuque has entered into an agreement with University of Dubuque for the sale of City Owned property including a portion of the Grace Street right of way between Algona Street and McCormick Street, in the City of Dubuque, Iowa, in the City of Dubuque, Iowa; and Whereas, the University of Dubuque has re- quested the vacation of a portion of Grace Street and the conveyance of the property to University of Dubuque per said agreement; and Whereas, WHKS and Co. has prepared and submitted to the City Council a plat showing the proposed vacated area of Grace Street right of way between Algona Street and McCormick Street, in the City of Dubuque, Iowa, Iowa and assigned a lot number thereto, which hereinaf- ter shall be known and described as Lot 14A in O'Hare's Subdivision, in the City of Dubuque, Iowa; and Whereas, pursuant to resolution and pub- lished notice of time and place of hearing, pub- lished in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on the 20th day of August 2021, the City Council of the City of Dubuque, Iowa met by public and/or virtual means on the 7th day of September 2021, at 6:30 p.m. in the His- toric Federal Building Council Chambers (sec- ond floor), 350 West 6th Street, Dubuque, Dubu- que County, Iowa to consider the request to va- cate; and Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objec- tions, oral or written to the request to vacate; and Whereas, the City Council of the City of Dubuque, Iowa, has determined that the pro- posed vacation of Lot 14A of O'Hare's Subdivi- sion, in the City of Dubuque, Iowa, Iowa should be approved. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the real estate described as Lot 14A of O'Hare's Subdivision, in the City of Dubuque, Iowa, be and the same is hereby va- cated. Passed, approved, and adopted this 7th day of September 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk RESOLUTION NO. 309-21 DISPOSING OF CITY INTEREST IN LOT 14A OF O'HARE'S SUBDIVISION, IN THE CITY OF DUBUQUE, IOWA Whereas, pursuant to resolution and pub- lished notice of time and place of hearing, pub- lished in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on the 20th day of August, 2021, the City Council of the City of Dubuque, Iowa met by in person and/or by virtual means on the 7th day of September, 2021, at 6:30 p.m. in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Dubuque County, Iowa to consider the proposal for the sale of real estate described as: Lot 14A of O'Hare's Subdivision, in the City of Dubuque, Iowa; and Whereas, the City Council of the City of 354 Regular Session, September 7, 2021 Book 151 Dubuque, Iowa overruled any and all objec- tions, oral or written to the proposal to sell such real estate. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the conveyance of City of Dubuque real property described as Lot 14A of O'Hare's Subdivision, in the City of Dubuque, Iowa, to University of Dubuque be and the same is hereby approved. Conveyance shall be by Quit Claim Deed. Section 2. That the Mayor be authorized and directed to execute a Quit Claim Deed, and the City Clerk be and is hereby authorized and directed to deliver said deed of conveyance to University of Dubuque. Section 3. That the City Clerk be and is hereby authorized and directed to record a cer- tified copy of this resolution in the offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved, and adopted this 7th day of September 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 2. Proceedings for Public Hearing on the Is- suance of Not to Exceed $290,000, Sewer Rev- enue Capital Loan Notes (Interim Financing) State Revolving Funds, Planning and Design Loan Applications: Proof of publication on no- tice of public hearing to consider City Council approval of the suggested proceedings for a public hearing on the issuance of not to exceed $290,000 in Sewer Revenue Capital Loan Notes (Interim Financing) State Revolving Loan Fund Program, the proceeds of which will be used to pay planning and design costs for High Strength Waste Receiving and Storage Project, and City Manager recommended approval. Mo- tion by Jones to receive and file the documents and adopt Resolution No. 310-21 Instituting proceedings to take additional action for the au- thorization of a Loan and Disbursement Agree- ment and the issuance of not to exceed $290,000 Sewer Revenue Capital Loan Notes and Resolution No. 311-21 Approving and au- thorizing a form of Interim Loan and Disburse- ment Agreement by and between the City of Dubuque and the Iowa Finance Authority, and authorizing and providing for the issuance and securing the payment of $290,000 Sewer Rev- enue Capital Loan Notes Anticipation Project Note, 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 note. Seconded by Sprank. Responding to a question from the City Council, Water Resource and Recovery Center (WRRC) Manager Wil- liam O'Brien stated that co -digestion was not considered when the WRRC was built in 2013. City Manager Van Milligen stated that the Iowa Finance Authority (IFA) loans money to coun- ties and cities for water and wastewater pro- jects, and the loans allow the city to use the loan's interest for other projects. Motion carried 7-0. RESOLUTION NO. 310-21 INSTITUTING PROCEEDINGS TO TAKE AD- DITIONAL ACTION FOR THE AUTHORIZA- TION OF A LOAN AND DISBURSEMENT AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $290,000 SEWER REVENUE CAPITAL LOAN NOTES Whereas, pursuant to notice published as required by law, this City Council has held a public meeting and hearing upon the proposal to institute proceedings for the authorization of a Loan and Disbursement Agreement by and between the City and the Iowa Finance Author- ity, and the issuance to the Iowa Finance Au- thority of not to exceed $290,000 Sewer Reve- nue Capital Loan Notes to evidence the obliga- tions of the City under said Loan and Disburse- ment Agreement, for the purpose of paying costs of acquisition, construction, reconstruc- tion, extending, remodeling, improving, repair- ing and equipping all or part of the Municipal Sewer System, including for the High Strength Waste Receiving and Storage Project, and has considered the extent of objections received from residents or property owners as to said proposal, and accordingly the following action is now considered to be in the best interests of the City and residents thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That this City Council does hereby institute proceedings and takes addi- tional action for the authorization of a Loan and Disbursement Agreement by and between the City and the Iowa Finance Authority, and the is- suance to the Iowa Finance Authority in the manner required by law of not to exceed $290,000 Sewer Revenue Capital Loan Notes for the foregoing purpose. Section 2. That the Clerk, with the assis- tance of bond counsel, is hereby authorized and directed to proceed with the preparation of such documents and proceedings as shall be necessary to authorize the City's participation in the SRF Loan Program, to select a suitable date for final City Council authorization of the re- quired Loan and Disbursement Agreement and issuance of the Note to evidence the City's ob- ligations thereunder, and to take such other ac- tions as the Clerk shall deem necessary to per- mit the completion of a loan on a basis favora- ble to the City and acceptable to this Council. Passed and approved this 7th day of Sep- tember 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breiffelder, City Clerk Book 151 Regular Session, September 7, 2021 355 RESOLUTION NO. 311-21 APPROVING AND AUTHORIZING A FORM OF INTERIM LOAN AND DISBURSEMENT AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE AND THE IOWA FINANCE AUTHORITY, AND AUTHORIZING AND PROVIDING FOR THE ISSUANCE AND SE- CURING THE PAYMENT OF $290,000 SEWER REVENUE CAPITAL LOAN NOTES ANTICIPATION PROJECT NOTE, 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 NOTE Whereas, Issuer proposes to issue its Sewer Revenue Capital Loan Notes Anticipa- tion Project Note, Series 2021, to the extent of $290,000, for the purpose of defraying the costs of the Project hereinafter described; and Whereas, it is deemed necessary and ad- visable and in the best interests of the City that a form of Interim Loan and Disbursement Agreement by and between the City and the Iowa Finance Authority be approved and au- thorized; and Whereas, the notice of intention of Issuer to take action for the issuance of not to exceed $290,000 Sewer Revenue Capital Loan Notes has heretofore been duly published and no ob- jections to such proposed action have been filed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IN THE COUNTY OF DUBUQUE, STATE OF IOWA: Section 1. Definitions. The following terms shall have the following meanings in this Reso- lution unless the text expressly or by necessary implication requires otherwise: "Additional Project Notes" shall mean any project notes or other obligations issued on a parity with the Note in accordance with the provisions of Section 11 Thereof; "Agreement" shall mean an Interim Loan and Disbursement Agreement dated as of the Closing between and among the City and the Original Purchaser, relating to the Interim Loan made to the City under the Program; "City Clerk" shall mean the City Clerk, or such other officer of the successor Gov- erning Body as shall be charged with sub- stantially the same duties and responsibil- ities; "Closing" shall mean the date of delivery of the Note to the Original Purchaser and the funding of the Interim Loan; "Corporate Seal" shall mean the official seal of Issuer adopted by the Governing Body; "Fiscal Year" shall mean the twelve months' period beginning on July 1 of each year and ending on the last day of June of the following year, or any other consecutive twelve-month period adopted by the Gov- erning Body or by law as the official ac- counting period of the System; provided, that the requirements of a fiscal year as expressed in this Resolution shall exclude any payment of principal or interest falling due on the first day of the fiscal year and include any payment of principal or inter- est falling due on the first day of the suc- ceeding fiscal year; "Governing Body" shall mean the Council of the City, or its successor in function with respect to the operation and control of the System; "Interim Loan" shall mean the principal amount allocated by the Original Pur- chaser and loaned to the City under the Program, equal in amount to the principal amount of the Note; "Issuer" and "City" shall mean the City of Dubuque, Iowa; "Note" shall mean $290,000 Sewer Reve- nue Capital Loan Notes Anticipation Pro- ject Note, Series 2021, authorized to be issued by this Resolution; "Original Purchaser" shall mean the Iowa Fi- nance Authority, as the purchaser of the Note from Issuer at the time of its original issuance; "Paying Agent" shall be the Director of Fi- nance and 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 pro- vide for the payment of principal of and in- terest on the Notes as the same shall be- come due; "Permitted Investments" shall mean: direct obligations of (including obliga- tions issued or held in book entry form on the books of) the Department of the Treasury of the United States of Amer- ica; cash (insured at all times by the Federal Deposit Insurance Corporation or oth- erwise collateralized with obligations described in the above paragraph); obligations of any of the following fed- eral agencies which obligations repre- sent full faith and credit of the United States of America, including: - Export - Import Bank - Farm Credit System Financial As- sistance Corporation - USDA - Rural Development - General Services Administration - U.S. Maritime Administration - Small Business Administration - Government National Mortgage Association (GNMA) - U.S. Department of Housing and Urban Development (PHA's) - Federal Housing Administration 356 Regular Session, September 7, 2021 Book 151 repurchase agreements whose underly- ing collateral consists of the investments set out above if the Issuer takes delivery of the collateral either directly or through an authorized custodian. Repurchase agreements do not include reverse re- purchase agreements; senior debt obligations rated "AAA" by Standard and Poor's Corporation (S&P) or "Aaa" by Moody's Investors Service Inc. (Moody's) issued by the Federal Na- tional Mortgage Association or the Fed- eral Home Loan Mortgage Corporation; U.S. dollar denominated deposit ac- counts, federal funds and banker's ac- ceptances with domestic commercial banks which have a rating on their short- term certificates of deposit on the date of purchase of "A-1" or "A-1+" by S&P or "P-1" by Moody's and maturing no more than 360 days after the date of purchase (ratings on holding companies are not considered as the rating of the bank); commercial paper which is rated at the time of purchase in the single highest classification, "A-1+" by S&P or "P-1" by Moody's and which matures not more than 270 days after the date of pur- chase; investments in a money market fund rated "AAAm" or "AAAm-G" or bet- ter by S&P; pre -refunded Municipal Obligations, de- fined as any bonds or other obligations of any state of the United States of America or of any agency, instrumental- ity or local governmental unit of any such state which are not callable at the option of the obligor prior to maturity or as to which irrevocable instructions have been given by the obligor to call on the date specified in the notice; and (a) which are rated, based on an irrevoca- ble escrow account or fund (the "es- crow"), in the highest rating category of S&P or Moody's or any successors thereto; or (b)(i) which are fully secured as to principal and interest and redemp- tion premium, if any, by an escrow con- sisting only of cash or direct obligations of the Department of the Treasury of the United States of America, which escrow may be applied only to the payment of such principal of and interest and re- demption premium, if any, on such bonds or other obligations on the ma- turity date or dates thereof or the speci- fied redemption date or dates pursuant to such irrevocable instructions, as ap- propriate; and (ii) which escrow is suffi- cient, as verified by a nationally recog- nized independent certified public ac- countant, to pay principal of and interest and redemption premium, if any, on the bonds or other obligations described in this paragraph on the maturity date or dates specified in the irrevocable in- structions referred to above, as appro- priate; tax exempt bonds as defined and permit- ted by section 148 of the Internal Reve- nue Code and applicable regulations and only if rated within the two highest classifications as established by at least one of the standard rating services ap- proved by the superintendent of banking by rule adopted pursuant to chapter 17A Code of Iowa; an investment contract rated within the two highest classifications as estab- lished by at least one of the standard rat- ing services approved by the superin- tendent of banking by rule adopted pur- suant to chapter 17A Code of Iowa; and Iowa Public Agency Investment Trust. "Program" shall mean the Iowa Water Pol- lution Control Works Financing Program undertaken by the Original Purchaser; "Project" shall mean the costs of acquisition, construction, reconstruction, extending, remodeling, improving, repairing and equipping of the System, including the High Strength Waste Receiving and Stor- age Project; "Project Costs" shall mean all engineering fees, archeological surveys, environmen- tal studies, and fees related to a project plan preparation and submission, and other expenses incidental thereto, and also including the costs of issuance of the Note. "Project Fund" shall mean the Project Fund established by Section 6 of this Resolu- tion. "Registrar" shall be the Director of Finance and 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 Note. Un- less otherwise specified, the Registrar shall also act as Transfer Agent for the Note; "System" shall mean the municipal sewer utility of the Issuer and all properties of every nature hereinafter owned by the Is- suer comprising part of or used as a part of the System, including all wastewater treatment facilities, sanitary sewers, force mains, pumping stations and all related property and improvements and exten- sions made by Issuer while the Note re- mains outstanding; all real and personal property; and all appurtenances, con- tracts, leases, franchises and other intan- gibles; Book 151 Regular Session, September 7, 2021 357 "Treasurer" shall mean the Director of Fi- The Note is also subject to mandatory nance and Budget, or such other officer as redemption to the extent not fully drawn shall succeed to the same duties and re- upon. sponsibilities with respect to the recording d. Registration. The Note may be reg- and payment of the Note issued hereun- istered as to principal and interest on the der. books of the Note Registrar in the name Section 2. Authority. The Agreement and of the holder and such registration noted the Note authorized by this Resolution shall be on the Note after which no transfer shall issued pursuant to Section 76.13 of the Code of be valid until the making of an entry Iowa, and in compliance with all applicable pro- upon the books kept for the registration visions of the Constitution and laws of the State and transfer of ownership of the Note, of Iowa. The Agreement shall be substantially and in no other way. The Director of Fi- in the form attached to this Resolution and is nance and Budget is hereby appointed authorized to be executed and issued on behalf as Note Registrar under the terms of this of the Issuer by the Mayor and attested by the Resolution. Registrar shall maintain the City Clerk. books of the Issuer for the registration of Section 3. Note Details, Execution, Re- ownership of the Note for the payment demption and Registration. of principal of and interest on the Note a. Note Details. The Note shall be des- as provided in this Resolution. The Note ignated a Sewer Revenue Capital Loan shall be negotiable as provided in Article Notes Anticipation Project Note, be 8 of the Uniform Commercial Code sub - dated the date of delivery, in the denom- ject to the provisions for registration and ination of $1,000 or multiples thereof, transfer contained in the Note and in this and shall at the request of the Original Resolution. Purchaser be initially issued as a single The ownership of any Note may be Note in the denomination of $290,000 transferred only upon the Registration and numbered R-1. The Note shall not Books kept for the registration and bear interest (0%) and shall mature transfer of the Note and only upon sur- three years from issuance. The City render thereof at the office of the Regis - Council hereby finds and determines trar together with an assignment duly that it is necessary and advisable to is- executed by the holder or his duly au - sue said Note pursuant to Section 76.13 thorized attorney in fact in such form as of the Code of Iowa, as authorized by shall be satisfactory to the Registrar, the Agreement and this Resolution. along with the address and social secu- b. Execution. The Note shall be exe- rity number or federal employer identifi- cuted by the manual or facsimile signa- cation number of such transferee (or, if ture of the Mayor and attested by the registration is to be made in the name of manual or facsimile signature of the multiple individuals, of all such transfer - Clerk, and impressed or imprinted with ees). In the event that the address of the the seal of the City and shall be fully reg- registered owner of a Note (other than a istered as to both principal and interest registered owner which is the nominee as provided in this Resolution; principal, of the broker or dealer in question) is interest and premium, if any, shall be that of a broker or dealer, there must be payable at the office of the Paying Agent disclosed on the Registration Books the by mailing of a check, wire transfer or information pertaining to the registered automated clearing house system trans- owner required above. Upon the trans- fer to the registered owner of the Note. fer of any such Note, a new fully regis- c. Redemption. The Note may be tered Note, of any denomination or de - called for redemption by the Issuer and nominations permitted by this Resolu- paid before maturity on any date, from tion in aggregate principal amount equal any funds regardless of source, in whole to the unmatured and unredeemed prin- or from time to time in part, in order of cipal amount of such transferred fully maturity and within an annual maturity registered Note and bearing interest at by lot. the same rate and maturing on the same Notice of redemption shall be given by date or dates shall be delivered by the U.S. mail to the Original Purchaser (or Registrar. any other registered owner of the Note). In all cases of the transfer of the Note, The terms of redemption shall be par, the Registrar shall register, at the earli- plus accrued interest to date of call. Fail- est practicable time, on the Registration ure to give such notice by mail to any Books, the Note, in accordance with the registered owner or any defect therein provisions of this Resolution. shall not affect the validity of any pro- As to any Note, the person in whose ceedings for the redemption of the Note. name the ownership of the same shall 358 Regular Session, September 7, 2021 Book 151 be registered on the Registration Books of the Registrar shall be deemed and re- garded as the absolute owner thereof for all purposes, and payment of or on ac- count of the principal of any such Note and the premium, if any, and interest thereon shall be made only to or upon the order of the registered owner thereof or his legal representative. All such pay- ments shall be valid and effectual to sat- isfy and discharge the liability upon such Note, including the interest thereon, to the extent of the sum or sums so paid. A Note which has been redeemed shall not be reissued but shall be can- celled by the Registrar. A Note which is cancelled by the Registrar shall be de- stroyed and a Certificate of the destruc- tion thereof shall be furnished promptly to the Issuer; provided that if the Issuer shall so direct, the Registrar shall for- ward the cancelled Note to the Issuer. In the event any payment check, wire, or electronic transfer of funds represent- ing payment of principal of or interest on the Notes is returned to the Paying Agent or if any note is not presented for payment of principal at the maturity or redemption date, if funds sufficient to pay such principal of or interest on Notes shall have been made available to the Paying Agent for the benefit of the owner thereof, all liability of the Issuer to the owner thereof for such interest or payment of such Notes shall forthwith cease, terminate and be completely 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 re- stricted exclusively to such funds for any claim of whatever nature on his part un- der this Resolution or on, or with respect to, such interest or Notes. The Paying Agent's obligation to hold such funds shall continue for a period equal to two years and six months following the date on which such interest or principal be- came due, whether at maturity, or at the date fixed for redemption thereof, or oth- erwise, 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 na- ture shall be made upon the Issuer. Section 4. Form of Note. The form of Note shall be substantially as [provided]. Section 5. Security for Note. The Note shall be payable solely from the Project Fund. To pay the principal on the Note when it becomes due, there is hereby created a pledge of the receipts anticipated in said Project Fund to continue until the payment in full of the principal on the Note. Section 6. Establishment of Project Fund. The Issuer hereby creates and establishes a Project Fund, into which Project Fund are hereby appropriated the following: Proceeds of not to exceed $290,000 Sewer Revenue Capital Loan Notes, ad- ditional action on the issuance of which previously has been taken and ap- proved by the City Council The funds so appropriated shall include in addition thereto all funds of the Issuer, including proceeds realized on the reinvestment of pro- ceeds of the Note, from which the Issuer is or may become obligated to pay under contracts for the construction of the Project to the extent that proceeds of the Note are applied to the payment thereof. Section 7. Application of Project Fund. The proceeds of the sale of the Note shall be depos- ited in the Project Fund for application to pay- ment of Project Costs and the costs of issuance of the Note or to pay the principal of the Note when due and for no other purpose. Disbursements for the payment of Project Costs shall be made by the City Clerk upon re- ceipt of vouchers approved by the Governing Body. After completion of the Project, any moneys remaining in the Project Fund shall be held for the retirement of Note. When the Note is paid or payment is provided for, remaining moneys in the Project Fund may be withdrawn and used for any lawful purpose. Section 8. Investments. Moneys in the Pro- ject Fund shall at all times be invested, to the extent practicable in Permitted Investments ma- turing at such times and in such amounts as will make cash available for the purposes of such Project Fund as needed. Section 9. Covenants with Noteholders. Is- suer covenants and agrees, so long as any Notes herein authorized remain unpaid, that it: a. Will proceed to complete with all prac- ticable dispatch the construction and acquisition of the Project; b. Will not make or cause or permit to be made any application of the proceeds of the Note or of any moneys held in the Project Fund, except in accord- ance with the provisions of this Reso- lution; c. Will from time to time increase the amount of the appropriations to the Project Fund, to the extent necessary to assure that the expected receipts thereafter forthcoming, together with the funds appropriated and held in trust for the purpose, will be sufficient to pay when due the Note as to both principal and interest. d. Will obtain the collection of funds and Book 151 Regular Session, September 7, 2021 359 the proceeds of the sale of sewer rev- enue capital loan notes anticipated to be received in the Project Fund and, if not paid from other sources, apply the same to the payment of the Note and interest thereon; and e. For the prompt and full performance of the terms and provisions of this Resolution and contract with the note- holders, the Issuer pledges its full faith and diligence and the exercise of its lawful powers. Section 10. Contract Between Issuer and Purchaser. This Resolution constitutes a con- tract between the Issuer and the purchaser of the Note. Section 11. Additional Notes. The Issuer may issue Additional Project Notes of equal standing and parity of lien with the Note for the purpose of paying Project Costs to the extent that funds appropriated to the Project Fund are adequate to pay all notes so issued and interest thereon. The holder or holders of the Notes shall have all other rights and remedies given by law for the payment and enforcement of the Notes and the security therefor. Section 12. Severability Clause. If any sec- tion, paragraph, clause or provision of this Res- olution be held invalid, such invalidity shall not affect any of the remaining provisions hereof, and this Resolution shall become effective im- mediately upon its passage and approval. Section 13. Repeal of Conflicting Resolu- tions or Ordinances. All ordinances and resolu- tions and parts of ordinances and resolutions in conflict herewith are hereby repealed. Section 14. Paragraph Headings. The para- graph headings in this Resolution are furnished for convenience of reference only and shall not be considered to be a part of this Resolution. Section 15. Rule of Construction. This Res- olution and the terms and conditions of the Notes authorized hereby shall be construed whenever possible so as not to conflict with the terms and conditions of the Interim Loan and Disbursement Agreement. In the event such construction is not possible, or in the event of any conflict or inconsistency between the terms hereof and those of the Interim Loan and Dis- bursement Agreement, the terms of the Interim Loan and Disbursement Agreement shall pre- vail and be given effect to the extent necessary to resolve any such conflict or inconsistency. Passed and approved this 7th day of Sep- tember 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 3. Sale of City -Owned Property at 654 Clarke Drive: Proof of publication on notice of public hearing to consider City Council approval of the Purchase Agreement and Special War- ranty Deed for the sale of City -owned real prop- erty located at 654 Clarke Drive to Torrent Prop- erty Management LLC for the amount of $35,250, and City Manager recommended ap- proval. Motion by Jones to receive and file the documents and adopt Resolution No. 312-21 Disposing of city interest in real property lo- cated at 654 Clarke Drive, in the City of Dubu- que, Iowa. Seconded by Farber. Motion carried 7-0. RESOLUTION NO. 312-21 DISPOSING OF CITY INTEREST IN REAL PROPERTY LOCATED AT 654 CLARKE DRIVE, IN THE CITY OF DUBUQUE, IOWA Whereas, the City Council, by Resolution No. 285-21, dated August 16, 2021, declared its intent to dispose of City interest in real property located at 654 Clarke Drive, legally described as: Lot 63 in Littleton and Sawyer's Subdivi- sion of Mineral Lot 194 the City of Dubu- que, Iowa, according to the recorded plat thereof, (the Property); and Whereas, pursuant to published notice, a public hearing was held on the proposed dispo- sition on September 7, 2021, at 6:30 p.m. in the Historic Federal Building, 350 W. 61h Street, Dubuque, Iowa; and Whereas, it is the determination of the City Council that approval of the purchase agree- ment for the sale to Torrent Property Manage- ment according to the terms and conditions set out in the purchase agreement is in the public interest of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA; Section 1. The purchase agreement by and between the City of Dubuque and Torrent Prop- erty Management for the sale of the Property, a copy attached hereto, is hereby approved. Section 2. The Mayor and City Clerk are hereby authorized and directed to execute a Special Warranty Deed, conveying the City's in- terest in the Property to Torrent Property Man- agement. Section 3. That the City Clerk is hereby au- thorized and directed to cause said Special Warranty Deed to be delivered to the City Attor- ney's Office, together with a certified copy of the Resolution. Passed, approved, and adopted this 7th day of September 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breiffelder, City Clerk ACTION ITEMS 1. Fiscal Year 2022 Arts and Culture Crea- tive Resiliency Grant Funding Recommenda- tion: City Manager recommended City Council 360 Regular Session, September 7, 2021 Book 151 concurrence with the Arts and Cultural Affairs Advisory Commission recommendation for Book 151 Regular Session, September 7, 2021 361 recipients and funding levels of the Fiscal Year 2022 Arts and Culture Creative Resiliency Grants. Motion by Cavanagh to receive and file the documents and approve the recommenda- tion. Seconded by Jones. Motion carried 7-0. 2. Fiscal Year 2022 Dollars and Cents Video: Media Services showed a video high- lighting information in the Fiscal Year 2022 Dol- lars and Cents public information brochure. Link to video: https://Voutu.be/*cGlvRlKdOc. Mo- tion by Jones to receive and file the documents and view the video. Seconded by Resnick. Mo- tion carried 7-0. COUNCIL MEMBER REPORTS Mayor Buol reported on attending the Rooted Table event hosted by Project Rooted on Sunday, September 5th. Mayor Buol stated that it was a great community event. Council Member Jones reported on the Public Safety Committee hosting an event on Saturday, September 11, at the Regional Emer- gency Responders Training Facility to com- memorate the anniversary of September 11, 2001. Council Member Farber reported on recent activities of the Sister City Committee. Ms. Far- ber stated the committee is hosting a photo ex- hibit highlighting the city's three sister cities from October 14 through October 16. Council Member Resnick reported on his re- cent visit to A.Y. McDonald and recent citizen input he received thanking the city for their in- volvement in trying to resolve the sinkhole on Tiffany Court (Item Set for Public Hearing No. 2). Mr. Resnick also thanked city staff for dis- playing the new buses outside of the Historic Federal Building prior to the City Council meet- ing. CLOSED SESSION Motion by Jones to convene in closed ses- sion at 8:04 p.m. to discuss purchase or sale of real estate — Chapter 21.5(1)(j) Code of Iowa. Seconded by Farber. Mayor Buol stated for the record that the attorney who will consult with City Council on the issues to be discussed in the closed session is City Attorney Crenna Brumwell. Motion carried 7-0. Upon motion, the City Council reconvened in open session at 9:03 p.m. stating that staff had been given proper direction. There being no further business, Mayor Buol declared the meeting adjourned at 9:04 p.m. /s/Adrienne N. Breitfelder, City Clerk CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 5:00 p.m. on September 20, 2021, in the second -floor Council Chambers of the His- toric Federal Building, 350 W. 61h Street. Present: Mayor Buol (attended via phone and joined at 5:10 p.m. due to technical difficul- ties); Mayor Pro Tern Sprank (chaired the meet- ing due to Mayor Buol's attendance via phone); Council Members Cavanagh, Farber, Jones, Resnick, Roussell; City Manager Van Milligen, City Attorney Brumwell. Mayor Pro Tern Sprank read the call and stated this is a special session of the City Coun- cil called for the purpose of conducting work sessions on the Project HOPE Quarterly Up- date and the Dubuque Regional Airport Master Plan. WORK SESSIONS (2) 1. Project H.O.P.E. Quarterly Update: Staff from the Community Foundation of Greater Dubuque presented a quarterly report on Pro- ject H.O.P.E's ongoing work. Peter Supple, Economic Opportunity Coordinator; Alex Baum, Knowledge Management Director; and Donna Loewen, Local College Access Network Coor- dinator, made a presentation. Topics included: • Collective Impact Model • Current Project H.O.P.E. Initiatives: o Office of Shared Prosperity Support o MIT Good Companies, Good Jobs Ini- tiative o Youth Empowerment Coalition (YEC) • Additional Initiatives • Dubuque College Access Network (DCAN) The presenters responded to questions from the City Council regarding strategies for engaging underserved populations, DCAN funding options, and how businesses can be in- volved with the YEC. This work session concluded at 5:31 p.m. 2. Dubuque Regional Airport Master Plan: Airport Director Todd Dalsing introduced Mike Dmyterko of Coffman and Associates who pro- vided a presentation on the Dubuque Regional Airport Master Plan. Topics included: • Master Plan Process • Public Outreach • Forecast Findings • Recommended Development Concept 362 Special Session, September 20, 2021 • Areas of Development • Zoning Map • Future Land Use • Development Staging • Projects Not Included in CIP • Economic Benefit Analysis • Next Steps Mr. Dmyterko responded to questions from the City Council regarding the Federal Aviation Administration (FAA) approval process for the master plan and how the FAA plans for acci- dents. There being no further business, Mayor Pro Tern Sprank declared the meeting adjourned at 6:09 p.m. /s/Adrienne N. Breitfelder, City Clerk Book 151 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on September 20, 2021, in the second -floor Council Chambers of the His- toric Federal Building, 350 W. 6"' Street. Present: Mayor Buol (attended via phone); Mayor Pro Tern Sprank (chaired the meeting due to Mayor Buol's attendance via phone); Council Members Cavanagh, Farber, Jones, Resnick, Roussell; City Manager Van Milligen, City Attorney Brumwell. Mayor Pro Tern Sprank read the call and stated this is a regular session of the City Coun- cil called for the purpose of conducting such business that may properly come before the City Council. PLEDGE OF ALLEGIANCE PROCLAMATION(S) 1. National Rail Safety Week Proclamation (September 20-26, 2021) was accepted by As- sistant City Engineer Bob Schiesl on behalf of CN and the City of Dubuque Engineering De- partment. CONSENT ITEMS Randy and Mimi Vaassen, 9843 Katie Cove, approached the podium to speak about Action Item No. 3. Point of order by City Attor- ney Brumwell that public input on action items occurs during the public input section of the meeting. Council Member Jones requested Item No. 20 be held for separate discussion. Motion by Resnick to receive and file the docu- ments, adopt the resolutions, and dispose of as indicated, except for Item No. 20. Seconded by Jones. Motion carried 7-0. 1. Minutes and Reports Submitted: City Council proceedings of 9/7; Library Board of Trustees Update of 8/26; Zoning Advisory Com- mission of 9/1; Zoning Board of Adjustment of 8/26; Proof of publication for City Council pro- ceedings of 8/23, 8/24, and 8/25. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: Lisa Delaney for vehicle damage; Suzan Taliaferro for per- sonal injury. Upon motion the documents were received, filed, and referred to the City Attorney. Book 151 Regular Session, September 20, 2021 363 3. Disposition of Claims: City Attorney ad- vised that the following claims have been re- ferred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Lisa Delaney for vehicle damage; Suzan Taliaferro for personal injury. Upon motion the documents were received, filed, and concurred. 4. Approval of City Expenditures: City Man- ager recommended City Council approval for payment of City expenditures. Upon motion the documents were received and filed, and Reso- lution No. 313-21 Authorizing the Director of Fi- nance and Budget/City Treasurer to make cer- tain payments of bills that must be paid and ap- proved for payment in accordance with City pro- cedures was adopted. RESOLUTION NO. 313-21 AUTHORIZING THE DIRECTOR OF FI- NANCE AND BUDGET / CITY TREASURER TO MAKE CERTAIN PAYMENTS OF BILLS THAT MUST BE PAID AND APPROVED FOR PAYMENT IN ACCORDANCE WITH CITY PROCEDURES 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 De- partment personnel in accordance with gener- ally accepted internal control procedures and have been determined to have been requisi- tioned for a lawful municipal purpose; and Whereas, the Finance Director -City Treas- urer 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 pay- ment of certain expenditures known as Excep- tion 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 Treas- urer is hereby authorized to issue payment for goods and services provided for City purposes in response to the purchase orders and con- tracts issued in compliance with state and mu- nicipal code requirements as requested by des- ignated requisitioning authorities in accordance with approved budget appropriations. Section 2. In accordance with Iowa Code Section 372.13(6), the City Clerk and Finance Director are hereby authorized and directed to provide the statement of receipts and disburse- ments to the City Council, and to publish a sum- mary thereof. Passed, approved, and adopted this 20"' day of September 2021. Danny C. Sprank, Mayor Pro Tern Attest: Adrienne N. Breitfelder, City Clerk 5. Resolution Approving Fund Transfers for Parking Operating and Capital Deficit: City Manager recommended approval of the sug- gested proceedings approving a transfer of funds from the Greater Downtown Tax Incre- ment Financing Special Revenue Fund to the Parking Operating and Capital Funds for the deficits caused by COVID-19 in Fiscal Years 2020 and 2021. Upon motion the documents were received and filed, and Resolution No. 314-21 Authorizing the Director of Finance and Budget to make the appropriate interfund trans- fers of sums and record the same in the appro- priate manner for the FY 2021 for the City of Dubuque, Iowa was adopted. RESOLUTION NO. 314-21 AUTHORIZING THE DIRECTOR OF FI- NANCE AND BUDGET TO MAKE THE AP- PROPRIATE 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 Sec- tion 384.18 and provides that the City Council shall approve all transfers of moneys from one budgeted fund to another budgeted fund as pro- vided in Iowa Administrative Rules Code Sec- tion 545-2.5(5). NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. Authorize the Director of Finance and Budget to Transfer Funds. That the Direc- tor of Finance and Budget be and is hereby au- thorized by the City Council to make the appro- priate interfund transfer of sums and record the same in the appropriate manner for FY 2021. Section 2. Transfer of Funds. That the Di- rector of Finance and Budget will transfer the following sums and to record the same in the appropriate manner: 1. Transfer from the Greater Downtown Tax Increment Financing Special Revenue Fund to the Parking Operating Fund $635,788.16 to fund the Fiscal Year 2020 and 2021 deficit caused by COVID-19. 2. Transfer from the Greater Downtown Tax Increment Financing Special Revenue Fund to the Parking Construction Fund 364 Regular Session, September 20, 2021 Book 151 $1,046,607.01 to fund the Fiscal Year 2020 and 2021 deficit caused by COVID-19. Passed, approved, and adopted this 20' day of September 2021. Danny C. Sprank, Mayor Pro Tern Attest: Adrienne N. Breitfelder, City Clerk 6. Final Plat of Cedar Ridge Farm Place No. 19: Zoning Advisory Commission recom- mended approval of the Final Plat of Cedar Ridge Farm Place No. 19 subject to waiving the lot frontage requirement for Lot 1 and Lot 2. Upon motion the documents were received and filed, and Resolution No. 315-21 Approving the Final Plat of: Cedar Ridge Farm Place No. 19, City of Dubuque, Dubuque County, Iowa was adopted. RESOLUTION NO. 315-21 APPROVING THE FINAL PLAT OF: CEDAR RIDGE FARM PLACE NO. 19, CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, there has been filed with the City Clerk a Final Plat of Cedar Ridge Farm Place No. 19, City of Dubuque, Dubuque County, Iowa; and Whereas, said Final Plat provides 0 feet of frontage for Lot 1 and Lot 2 on a public or ap- proved private street, where street frontage is required by Section 11-14 of Title 16 of the City of Dubuque Code of Ordinances, Unified Devel- opment Code; and Whereas, said Final Plat has been exam- ined by the Zoning Advisory Commission and its approval has been endorsed thereon; and Whereas, said Final Plat has been exam- ined by the City Council and they find that it con- forms to the statues and ordinances relating thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That Section 11-14 of Title 16 of the City of Dubuque Code of Ordinances, Uni- fied Development Code, is waived to allow 0 feet of frontage on a public street or an ap- proved private street. Section 2. That the Final Plat of Cedar Ridge Farm Place No. 19, City of Dubuque, Dubuque County, Iowa is hereby approved, and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said Final Plat. Passed, approved, and adopted this 20th day of September 2021. Danny C. Sprank, Mayor Pro Tern Attest: Adrienne N. Breitfelder, City Clerk 7. Pre -Annexation Agreement - Spencer J. and Emily A. Birkenholz: City Manager recom- mended approval of a Pre -Annexation Agree- ment with Spencer J. and Emily A. Birkenholz, property owners, for property located at 10121 Timothy Street in Dubuque County, in conjunc- tion with their request to connect to City water. Upon motion the documents were received and filed, and Resolution No. 316-21 Approving a Pre -Annexation Agreement between the City of Dubuque, Iowa and Spencer J. and Emily A. Birkenholz was adopted. RESOLUTION NO. 316-21 APPROVING A PRE -ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND SPENCER J. AND EMILY A. BIRKENHOLZ Whereas, Spencer J. and Emily A. Birken- holz, the owner of the following described prop- erty located at 10121 Timothy Street in Dubu- que County, Iowa (the Property) have submit- ted to the City Council of the city of Dubuque an application for voluntary annexation of the Property to the City of Dubuque: Lot 7 of Twin Ridge Subdivision No. 5 in Section 12, table Mound Township, Dubuque County, Iowa, according to the recorded plat thereof; and Whereas, Spencer J. and Emily A. Birken- holz has entered into a Pre -annexation Agree- ment with the City of Dubuque, a copy of which is attached hereto governing the future annex- ation 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 author- izes 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 or- derly 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 an- nexation of the Property is in the public interest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The Pre -annexation Agreement by and between Spencer J. and Emily A. Bir- kenholz and the City of Dubuque is hereby ap- proved. Passed, approved, and adopted this 201h day of September 2021. Danny C. Sprank, Mayor Pro Tern Attest: Adrienne N. Breitfelder, City Clerk 8. Pre -Annexation Agreement - Nicholas and Kaylyn Hoffmann: City Manager recom- mended approval of a Pre -Annexation Agree- ment with Nicholas and Kaylyn Hoffmann, prop- erty owners, for property located at 9970 Four Book 151 Regular Session, September 20, 2021 365 Sisters Court in Dubuque County, in conjunc- tion with their request to connect to City water. Upon motion the documents were received and filed, and Resolution No. 317-21 Approving a Pre -Annexation Agreement between the City of Dubuque, Iowa and Nicholas and Kaylyn Hoff- mann was adopted. RESOLUTION NO. 317-21 APPROVING A PRE -ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND NICHOLAS AND KAYLYN HOFFMANN Whereas, Nicholas and Kaylyn Hoffmann, the owner of the following described property located at 9970 Four Sisters Court in Dubuque County, Iowa (the Property) have submitted to the City Council of the city of Dubuque an appli- cation for voluntary annexation of the Property to the City of Dubuque: Lot 5 of Twin Ridge Subdivision No. 5 in Section 12, Table Mound Township, Dubuque County, Iowa, according to the recorded plat thereof; and Whereas, Nicholas and Kaylyn Hoffmann have entered into a Pre -annexation Agreement with the City of Dubuque, a copy of which is at- tached 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 author- izes 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 or- derly 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 an- nexation of the Property is in the public interest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The Pre -annexation Agreement by and between Nicholas and Kaylyn Hoffmann and the City of Dubuque is hereby approved. Passed, approved, and adopted this 20"' day of September 2021. Danny C. Sprank, Mayor Pro Tern Attest: Adrienne N. Breitfelder, City Clerk 9. Intent to Apply for 2021-2022 MILK Day of Service Grant: City Manager recommended ap- proval to apply for the 2021-2022 MLK Day of Service Grant in the amount of $10,000. Upon motion the documents were received, filed, and approved. 10. Intent to Apply for Iowa Tourism Grant: City Manager recommended approval to apply for an Iowa Tourism Grant in the amount of $10,000. Upon motion the documents were re- ceived, filed, and approved. 11. Intent to Apply for Iowa Arts Council American Rescue Plan Arts Grant to Organiza- tions: City Manager requested approval to ap- ply for the Iowa Arts Council American Recue Plan Arts Grant to Organizations in the amount of $20,000. Upon motion the documents were received, filed, and approved. 12. Proposed Downtown Rehabilitation Grant Award for 2900 Central Avenue: City Manager recommended approval of a Down- town Rehabilitation Loan Program Grant Award to Dub Jones Real Estate, LLC for rehabilitation of 2900 Central Avenue in the maximum amount of $10,000 for fagade improvement and Planning and Design grant at $10,000 maxi- mum. Upon motion the documents were re- ceived and filed, and Resolution No. 318-21 Ap- proving a Grant Agreement between the City of Dubuque, Iowa and Dub Jones Real Estate, LLC for the redevelopment of 2900 Central Av- enue was adopted. RESOLUTION NO. 318-21 APPROVING A GRANT AGREEMENT BE- TWEEN THE CITY OF DUBUQUE, IOWA AND DUB JONES REAL ESTATE, LLC FOR THE REDEVELOPMENT OF 2900 CEN- TRAL AVENUE Whereas, Dub Jones Real Estate, LLC is the owner of the building at 2900 Central Ave- nue in the City of Dubuque, Iowa (the "Develop- ment Property") legally described as: The Westerly 85 feet of Lot 297 in Davis Farm, a part of Dubuque, in the City of Dubuque, Iowa, according to the rec- orded plat thereof.; and Whereas, Dub Jones Real Estate, LLC has applied to the City of Dubuque Economic De- velopment Department (the "City") for a Fagade Grant and a Planning and Design Grant (the "Grants") for the rehabilitation of the Develop- ment Property (the "Project'); and Whereas, the Project is eligible for the Grants; and Whereas, City and Dub Jones Real Estate, LLC has tentatively entered into a Grant Agree- ment for the Development Property (the "Grant Agreement'), a copy of which is attached hereto; and Whereas, it is the determination of the City Council that approval of the Grant Agreement for redevelopment of the Development Property by Dub Jones Real Estate, LLC, according to the terms and conditions set out in the Grant Agreement, is in the public interest of the City of Dubuque. 366 Regular Session, September 20, 2021 Book 151 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Grant Agreement be- tween the City of Dubuque and Dub Jones Real Estate, LLC is hereby approved. Section 2. That the Mayor is hereby author- ized and directed to execute the Grant Agree- ment on behalf of the City of Dubuque and the City Clerk is authorized and directed to attest to his signature. Section 3. That the City Manager is author- ized to take such actions as are necessary to comply with the terms of the Grant Agreement as herein approved. Passed, approved, and adopted this 20th day of September 2021. Danny C. Sprank, Mayor Pro Tern Attest: Adrienne N. Breitfelder, City Clerk 13. 2021 Stumps / Sidewalk Project Two: City Manager recommended that the award for the 2021 Stumps / Sidewalk Project Two be of- ficially recorded in the minutes of the City Coun- cil. Upon motion the documents were received, filed, and made a Matter of Record. 14. Bee Branch Railroad Culvert Trail Pro- ject: Land and Water Conservation Fund Grant, Project Agreement: City Manager recom- mended approval of a resolution authorizing ex- ecution of the Project Agreement between the Iowa Department of Natural Resources, the Land and Water Conservation Fund, and the City in order to secure the use of $175,000.00 in a Land and Water Conservation Fund grant for the Bee Branch Railroad Culverts Trail Pro- ject. Upon motion the documents were received and filed, and Resolution No. 319-21 Approving a Federal Land and Water Conservation Fund Program Project Agreement between the Iowa Department of Natural Resources, the Land and Water Conservation Fund, and the City of Dubuque, Iowa for the Bee Branch Creek Trail Connector Project was adopted. RESOLUTION NO. 319-21 APPROVING A FEDERAL LAND and WA- TER CONSERVATION FUND PROGRAM PROJECT AGREEMENT BETWEEN THE IOWA DEPARTMENT OF NATURAL RE- SOURCES, THE LAND and WATER CON- SERVATION FUND, AND THE CITY OF DUBUQUE, IOWA FOR THE BEE BRANCH CREEK TRAIL CONNECTOR PROJECT Whereas, the City of Dubuque City Council adopted Resolution 70-19 authorizing an appli- cation for National Park Service Land and Wa- ter Conservation Fund (LWCF) grant funding for the Bee Branch Railroad Culverts Project, also known as the Bee Branch Creek Trail Con- nector Project; and Whereas, the National Park Service has ap- proved $175,000.00 in federal assistance from the Land and Water Conservation Fund (LWCF) for the Bee Branch Creek Trail Con- nector Project; and Whereas, the Iowa Department of Natural Resources administers the LWCF grant and has provided a Project Agreement outlining the terms under which the City of Dubuque can uti- lize the LWCF grant; and Whereas, the City Council has determined that execution of the Project Agreement is in the best interest of the City of Dubuque. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The Land and Water Conserva- tion Fund Project Agreement is hereby ap- proved. Section 2. The City Manager is hereby au- thorized to execute the Project Agreement and such other documents as are necessary to bind the City and to deliver the Project Agreement and other such documents as the Iowa Depart- ment of Natural Resources may reasonably re- quest. Passed, adopted, and approved this 20«' day of September 2021. Danny C. Sprank, Mayor Pro Tern Attest: Adrienne N. Breitfelder, City Clerk 15. Pennsylvania Avenue Right of Way Platting: City Manager recommended approval of the Acquisition Plat of Lot 2A of Dubuque In- dustrial Center North Third Addition in the City of Dubuque, which provides additional right-of- way for future improvements to Pennsylvania Avenue. Upon motion the documents were re- ceived and filed, and Resolution No. 320-21 Ap- proving the Acquisition Plat of Lot 2A of Dubu- que Industrial Center North Third Addition in the City of Dubuque, Iowa was adopted. RESOLUTION NO. 320-21 APPROVING THE ACQUISITION PLAT OF LOT 2A OF DUBUQUE INDUSTRIAL CEN- TER NORTH THIRD ADDITION IN THE CITY OF DUBUQUE, IOWA Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated September 13, 2021, prepared by the City of Dubuque Engineering Department de- scribing Lot 2A of Dubuque Industrial Center North Third Addition in the City of Dubuque, Iowa; and Whereas, said plat conforms to the laws and statues pertaining thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the plat date September 13, 2021, prepared by the City of Dubuque Engi- neering Department, relative to the real estate Book 151 Regular Session, September 20, 2021 367 hereinabove described be and the same is hereby approved, and the Mayor and City Clerk be, and they are hereby authorized and di- rected to execute said plat on behalf of the City of Dubuque, Iowa. Section 2. 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 20th day of September 2021. Danny C. Sprank, Mayor Pro Tern Attest: Adrienne N. Breitfelder, City Clerk 16. 16th and Kerper Peosta Channel Bridge Fiber Collaboration Project: City Manager rec- ommended acceptance of the construction con- tract for the 16th and Kerper Peosta Channel Bridge Fiber Collaboration Project, as com- pleted by McDermott Excavating, in the final contract amount of $90,823.13 which is a 3.7% increase from the original contract amount of $87,465.88. Upon motion the documents were received and filed, and Resolution No. 321-21 Accepting the 16th and Kerper Peosta Channel Bridge Fiber Collaboration Project and author- izing the payment to the contractor was adopted. RESOLUTION NO. 321-21 ACCEPTING THE 16T" and KERPER PE- OSTA CHANNEL BRIDGE FIBER COLLAB- ORATION PROJECT AND AUTHORIZING THE PAYMENT TO THE CONTRACTOR Whereas, the public improvement contract for 16th and Kerper Peosta Channel Bridge Fi- ber Collaboration Project, (the Project) has been completed by the Contractor, McDermott Excavating, (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 $90,823.13; and Whereas, the Contractor has previously been paid $86,281.97, leaving a balance of $4,541.16; and Whereas, the City Council finds that the rec- ommendation 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 $4,541.16 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 201h day of September 2021. Danny C. Sprank, Mayor Pro Tern Attest: Adrienne N. Breitfelder, City Clerk CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF 16TH AND KERPER PEOSTA CHANNEL BRIDGE FIBER COLLABORATION PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the 16th and Kerper Peosta Channel Bridge Fiber Collaboration Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $100,646.26. Dated this 13th day of September 2021. /s/Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 13th day of September 2021. /s/Adrienne N. Breitfelder, City Clerk 17. Signed Contract(s): Vendor Service Agreement with Hawkins Inc. for the Eagle Point Water Plant Sodium Hypochlorite; Sev- enth Amendment to Facility Management Agreement with Platinum Hospitality Group, LLC. Upon motion the documents were re- ceived and filed. 18. Improvement Contracts / Performance, Payment and Maintenance Bonds: Temperley Excavating, Inc. for the Jonathan Lane, Cider Ridge and Orchard Drive Water Main Replace- ment. Upon motion the documents were re- ceived, filed, and approved. 19. Iowa Department of Public Health (IDPH) Childhood Lead Poisoning and Healthy Homes Funding and Agreement with the Visit- ing Nurse Association (VNA) and the Dubuque County Board of Health: City Manager recom- mended approval of a contract with the Dubu- que County Board of Health and the Iowa De- partment of Public Health for continued funding of the Childhood Lead Poisoning Prevention Program and a renewed agreement with the Visiting Nurse Association for services related to the Childhood Lead Poisoning Prevention Program and Healthy Homes Program. Upon motion the documents were received, filed, and approved. 20. City Tow Contract: City Manager recom- mended award of the FY22 - FY25 City of Dubuque Tow Contract to Wenzel Towing. Council Member Jones reported that all City Council members received an email from one of the towing companies expressing concern that customers do not have the opportunity to request their preferred towing company when they experience a traffic incident. Chief of Po- 368 Regular Session, September 20, 2021 Book 151 lice Mark Dalsing stated that vehicle owners de- termine who they contact to tow their vehicle in an auto incident, except if the vehicle is block- ing traffic or the vehicle is abandoned. Motion by Jones to receive and file the information and approve the contract. Seconded by Resnick. Motion carried 7-0. 21. SRO and DARE Contracts for 2021- 2022 School Year: City Manager recommended approval of the School Resource Officer (SRO) and DARE Contracts between the City of Dubu- que and the Dubuque Community School Dis- trict (DCSD) for the CY 2021- 2022 school year. Upon motion the documents were received, filed, and approved. 22. Iowa Department of Transportation Lease Agreement at Jule Operations and Train- ing Center: City Manager recommended ap- proval to extend the lease agreement with the Iowa Department of Transportation for use of the CDL Course at the Jule Operations and Training Center for Commercial Driver's Li- cense testing through August 31, 2022. Upon motion the documents were received, filed, and approved. 23. Proposed Amendment to Master Co -Lo- cation and Shared Services Between the City of Dubuque and Interstate Power and Light: City Manager recommended approval of Amend- ment 6 to the Master Co -location and Shared Services Agreement with Interstate Power and Light (IPL) for installation of a shared fiber con- duit route within the City of Dubuque. Upon mo- tion the documents were received, filed, and approved. 24. Proposed Amendment to Master Co -Lo- cation and Shared Services Between the City of Dubuque and Interstate Power and Light: City Manager recommended approval of Amend- ment 7 to the Master Co -location and Shared Services Agreement with Interstate Power and Light (IPL) for purchase of a conduit system which crosses the Iowa and Wisconsin Bridge over the Mississippi River. Upon motion the documents were received, filed, and approved. 25. 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. 322-21 Approving applications for beer, liquor, and/or wine permits, as re- quired 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. 322-21 APPROVING APPLICATIONS FOR BEER, LIQUOR, AND/OR WINE PERMITS, AS RE- QUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LI- CENSE REGULATIONS, CHAPTER 2 LIQ- UOR CONTROL, ARTICLE B LIQUOR, BEERAND 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, provisionally approved, and/or approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City, and the applicants have filed the proper fees and bonds and otherwise complied with the requirements 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 author- ized and directed to cause to be issued the noted permit types to the following applicants pending submission of the locally required doc- umentation: New Applications The Magnolia Events LLC, 168 East 10th Street Renewals Driftless Catering, LLC, 168 East loth St. EZ STOP II, 700 Rhomberg Ave. Knicker's Saloon, 2186 Central Ave. Locust Tobacco and Liquor, 408 W. Locust St. Phillips 66/Arby's, 10 South Main St. Southend Tap, 55 Locust St. Special Event(s) per Special Event Application Submittal Backpocket Junior Ballroom 10-2-21 to 10-6- 21, 333 East 10th St. Dubuque Jaycees - Millwork Night Market 10- 10-21 to 10-14-21, 7th and Jackson to 9th and Jackson + East 8th Street to Elm St Dubuque Museum of Art 10-1-21 to 10-5-21, 7th Street, between Bluff and Locust St. Sertoma - 10-1-21 to 10-5-21, 4th and Bluff Streets Provisional Issuances Dubuque Jaycees - Blocktoberfest 9-7-21 to 9- 11-21, Washington between 10th and 1lth be- tween Jackson and Washington, and Jackson between 10th and 11th Dubuque Jaycees - Millwork Night Market 9-5- 21 to 9-9-21, 7th and Jackson to 9th and Jack- son + East 8th Street to Elm St. Passed, approved, and adopted this 201h day of September 2021. Danny C. Sprank, Mayor Pro Tern Attest: Adrienne N. Breitfelder, City Clerk BOARDS/COMMISSIONS 1. Appointments were made to the following boards/commissions: Book 151 Regular Session, September 20, 2021 369 i. Airport Commission: Two, 4-Year terms through September 14, 2025 (Expiring terms of Brotherton and Kurtz- Weber). Applicants: Douglas Brotherton, 2823 Hickory Hill Dr. Mari- anne Kurtz -Weber, 955 Prince Philip Dr. This commission is subject to the State of Iowa Gen- der Balance Law. 5 Commissioners total; cur- rently 1 male/ 2 females/ 2 openings. Motion by Cavanagh to appoint Mr. Brotherton and Ms. Kurtz -Weber to the two four-year terms through September 14, 2025. Seconded by Roussell. Motion carried 7-0. ii. Building Code Advisory and Appeals Board: One, 3-Year term through January 1, 2024 (Vacant HVAC Construction Professional term of Swift). Applicant: Corey Valaskey, 1385 Alta Vista (Applying for HVAC Construction Professional). Motion by Jones to appoint Mr. Valaskey to the three-year term through Janu- ary 1, 2024. Seconded by Farber. Motion car- ried 7-0. iii. Historic Preservation Commission: One, 3-Year term through July 1, 2024 (Vacant term of Doyle)* Applicant: William Doyle, 1591 White St. This commission is subject to the State of Iowa Gender Balance Law. 9 Commissioners total; currently 5 males/2 females/2 openings *Opening was advertised for 90 days while non - male identifying applicants were sought in ad- herence with Iowa Code 69.16A Gender Bal- ance. Additional openings on the commission are being advertised for 90 days while nonmale identifying applicants are sought in adherence with Iowa Code 69.16A Gender Balance. Mo- tion by Roussell to appoint Mr. Doyle to the three-year term through July 1, 2024. Se- conded by Farber. Motion carried 7-0. iv. Housing Trust Fund Advisory Commit- tee: One, 3-Year term through August 17, 2024 (Expired term of Holz) Applicant: James Holz, 3010 Indiana Ct. Motion by Jones to appoint Mr. Holz to the three-year term through August 17, 2024. Seconded by Resnick. Motion carried 7- 0. v. Long Range Planning Advisory Commis- sion: One, 3-Year term through July 1, 2024 (Vacant term of Pregler) Applicant: Beth McGrath, 2575 Saint Anne Drive. Motion by Cavanagh to appoint Ms. McGrath to the three- year term through July 1, 2024. Seconded by Farber. Motion carried 7-0. PUBLIC HEARINGS 1. Amend the Unified Development Code to allow Registered Child Development Home as a permitted use in Office, Commercial, and In- dustrial zoning districts: Proof of publication on notice of public hearing to consider City Council approval of a request from the City of Dubuque to amend the Unified Development Code to al- low Registered Child Development Home as a permitted use in Office, Commercial, and Indus- trial zoning districts, and Zoning Advisory Com- mission recommended approval. Motion by Cavanagh to receive and file the documents and that the requirement that a proposed ordi- nance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Se- conded by Jones. Planning Services Manager Wally Wernimont provided a staff report. Re- sponding to a question from the City Council, Mr. Wernimont stated that the State of Iowa has both a licensing requirement and a registration requirement for child development homes. Mo- tion carried 7-0. Motion by Cavanagh for final consideration and passage of Ordinance No. 30-21 Amending Title 16 of the City of Dubuque Code of Ordi- nances, Unified Development Code, by amend- ing Chapter 16-2-3, Definitions, to add a defini- tion of Registered Child Development Home, and by amending Articles 16-5-7 (OR), 16-5-8 (OS), 16-5-9 (OC), 16-5-10 (C-1), 16-5-11 (C- 2), 16-5-12 (C-2A), 16-5-13 (C-3), 16-5-14 (C- 4), 16-5-15 (C-5), 16-5-16 (CS), 16-5-17 (CR), 16-5-18 (LI), 16-5-19 (HI), and 16-5-20 (MHI) by adding Registered Child Development Home to the list of permitted uses. Seconded by Jones. Mo- tion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 30-21 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI- FIED DEVELOPMENT CODE, BY AMENDING CHAPTER 16-2-3, DEFINITIONS, TO ADD A DEFINITION OF REGISTERED CHILD DE- VELOPMENT HOME, AND BY AMENDING ARTICLES 16-5-7 (OR), 16-5-8 (OS), 16-5-9 (OC), 16-5-10 (C-1), 16-5-11 (C-2), 16-5-12 (C- 2A), 16-5-13 (C-3), 16-5-14 (C-4), 16-5-15 (C- 5), 16-5-16 (CS), 16-5-17 (CR), 16-5-18 (LI), 16-5-19 (HI), and 16-5-20 (MHI) BY ADDING REGISTERED CHILD DEVELOPMENT HOME TO THE LIST OF PERMITTED USES NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That Title 16 of the City of Dubu- que Code of Ordinances, Unified Development Code Chapters 16-2-3 are hereby amended as follows: 16-2-3: Definitions - Registered Child De- velopment Home: A facility providing childcare or preschool services for chil- dren that requires State of Iowa registra- tion. Registered child development home does not include a licensed childcare cen- ter. 370 Regular Session, September 20, 2021 Book 151 Section 2. That Title 16 of the City of Dubu- que Code of Ordinances, Unified Development Code Chapters 16-5.7 (OR), 16-5.8 (OS), 16- 5.9 (OC), 16-5-10 (C-1), 16-5-11 (C-2), 16-5-12 (C-2A), 16-5-13 (C-3), 16-5-14 (C-4), 16-5-15 (C-5), 16-5-16 (CS), 16-5-17 (CR), 16-5-18 (LI), 16-5-19 (HI), and 16-5-20 (MHI) are hereby amended as follows: 16-5-7-1 Principal Permitted Uses Registered Child Development Home 16-5-8-1 Principal Permitted Uses Registered Child Development Home 16-5-9-1 Principal Permitted Uses Registered Child Development Home 16-5-10-1 Principal Permitted Uses Registered Child Development Home 16-5-11-1 Principal Permitted Uses Registered Child Development Home 16-5-12-1 Principal Permitted Uses Registered Child Development Home 16-5-13-1 Principal Permitted Uses Registered Child Development Home 16-5-14-1 Principal Permitted Uses Registered Child Development Home 16-5-15-1 Principal Permitted Uses Registered Child Development Home 16-5-16-1 Principal Permitted Uses Registered Child Development Home 16-5-17-1 Principal Permitted Uses Registered Child Development Home 16-5-18-1 Principal Permitted Use Registered Child Development Home 16-5-19-1 Principal Permitted Uses Registered Child Development Home 16-5-20-1 Principal Permitted Uses Registered Child Development Home Section 3. The foregoing amendment has heretofore been reviewed by the Zoning Advi- sory Commission of the City of Dubuque, Iowa. Section 4. This ordinance shall take effect immediately upon publication, as provided by law. Passed, approved, and adopted this 20t" day of September 2021. /s/Danny C. Sprank, Mayor Pro Tern Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 24th day of September 2021. /s/Adrienne N. Breitfelder, City Clerk 2. Resolution of Adoption for the Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic Develop- ment District Urban Renewal Plan, Version 2021.4: Proof of publication on notice of public hearing to consider City Council approval of an Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic Development District, Version 2021.4, and City Manager recommended approval. Motion by Jones to receive and file the documents and adopt Resolution No. 323-21 Approving the Amended and Restated Urban Renewal Plan, Version 2021.4, for the Dubuque Industrial Center Economic Development District. Se- conded by Resnick. Motion carried 7-0. RESOLUTION NO. 323-21 APPROVING THE AMENDED AND RE- STATED URBAN RENEWAL PLAN, VER- SION 2021.4, FOR THE DUBUQUE INDUS- TRIAL CENTER ECONOMIC DEVELOP- MENT DISTRICT Whereas, by Resolution 286-21 on August 16, 2021, the City Council of the City of Dubu- que, Iowa authorized the preparation of an Amended and Restated Urban Renewal Plan (the "Amended and Restated Urban Renewal Plan" or "Plan") for the Dubuque Industrial Cen- ter Economic Development District (the "Dis- trict"); and Whereas, the Amended and Restated Ur- ban Renewal Plan for the District, Version 2021.4, is on file in the City Clerk's Office; and Whereas, the City Council's primary objec- tive for the Amended and Restated Urban Re- newal Plan for the District is to provide opportu- nities which will further economic development purposes and objectives as described in the Plan; and Whereas, a consultation process has been undertaken with affected taxing entities in ac- cordance with Chapter 403 of the Code of Iowa with no written objections or recommended changes to the Plan have been received; and Whereas, the City Council, in accordance with Chapter 403 of the Code of Iowa, has held a public hearing on the Amended and Restated Urban Renewal Plan after public notice thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic Development District, Ver- sion 2021.4, is hereby approved. Section 2. That a feasible method exists for the location of any families who will be dis- placed from the District, as amended, into de- cent, safe and sanitary dwelling accommoda- tions within their means and without undue hardship to such families; and that the Amended and Restated Plan conforms to the general plan of the City as a whole. With re- spect to any real property in the District ac- quired by the City in connection with the land and projects included in the Plan, non-residen- tial use is expected and with reference to those portions thereof which are to be developed for non-residential uses, such non-residential uses are necessary and appropriate to facilitate the proper growth and development of the City in accordance with sound planning standards and local community objectives. Section 3. That the District, as amended, Book 151 Regular Session, September 20, 2021 371 continues to be an area for economic develop- ment (commercial and industrial) within the meaning of Iowa Code Chapter 403; that such area is eligible for designation as an urban re- newal area and otherwise meets all requisites under the provisions of Iowa Code Chapter 403; and that the rehabilitation, conservation, rede- velopment, development, or a combination thereof, of such area is necessary in the interest of the public health, safety or welfare of the res- idents of this City. Section 4. That, notwithstanding any resolu- tion, ordinance, plan, amendment, or any other document, the Amended and Restated Plan shall be in full force and effect from the date of this Resolution until the Council amends or re- peals the Plan. Section 5. That the City Clerk of the City of Dubuque, Iowa is hereby authorized and di- rected to file a certified copy of this Resolution in the office of the Dubuque County Recorder. Passed, approved, and adopted this 20"' day of September 2021. Danny C. Sprank, Mayor Pro Tern Attest: Adrienne N. Breitfelder, City Clerk 3. Resolution of Adoption for the Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic Develop- ment District Urban Renewal Plan, Version 2021.5: Proof of publication on notice of public hearing to consider City Council approval of an Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic Development District, Version 2021.5, and City Manager recommended approval. Motion by Jones to receive and file the documents and adopt Resolution No. 324-21 Approving the Amended and Restated Urban Renewal Plan, Version 2021.5, for the Dubuque Industrial Center Economic Development District. Se- conded by Cavanagh. Motion carried 7-0. RESOLUTION NO. 324-21 APPROVING THE AMENDED AND RE- STATED URBAN RENEWAL PLAN, VER- SION 2021.5, FOR THE DUBUQUE INDUS- TRIAL CENTER ECONOMIC DEVELOP- MENT DISTRICT Whereas, by Resolution 287-21 on August 16, 2021, the City Council of the City of Dubu- que, Iowa authorized the preparation of an Amended and Restated Urban Renewal Plan (the "Amended and Restated Urban Renewal Plan" or "Plan") for the Dubuque Industrial Cen- ter Economic Development District (the "Dis- trict"); and Whereas, the Amended and Restated Ur- ban Renewal Plan for the District, Version 2021.5, is on file in the City Clerk's Office; and Whereas, the City Council's primary objec- tive for the Amended and Restated Urban Re- newal Plan for the District is to provide opportu- nities which will further economic development purposes and objectives as described in the Plan; and Whereas, a consultation process has been undertaken with affected taxing entities in ac- cordance with Chapter 403 of the Code of Iowa with no written objections or recommended changes to the Plan have been received; and Whereas, the City Council, in accordance with Chapter 403 of the Code of Iowa, has held a public hearing on the Amended and Restated Urban Renewal Plan after public notice thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic Development District, Ver- sion 2021.5, is hereby approved. Section 2. That a feasible method exists for the location of any families who will be dis- placed from the District, as amended, into de- cent, safe and sanitary dwelling accommoda- tions within their means and without undue hardship to such families; and that the Amended and Restated Plan conforms to the general plan of the City as a whole. With re- spect to any real property in the District ac- quired by the City in connection with the land and projects included in the Plan, non-residen- tial use is expected and with reference to those portions thereof which are to be developed for non-residential uses, such non-residential uses are necessary and appropriate to facilitate the proper growth and development of the City in accordance with sound planning standards and local community objectives. Section 3. That the District, as amended, continues to be an area for economic develop- ment (commercial and industrial) within the meaning of Iowa Code Chapter 403; that such area is eligible for designation as an urban re- newal area and otherwise meets all requisites under the provisions of Iowa Code Chapter 403; and that the rehabilitation, conservation, rede- velopment, development, or a combination thereof, of such area is necessary in the interest of the public health, safety or welfare of the res- idents of this City. Section 4. That, notwithstanding any resolu- tion, ordinance, plan, amendment, or any other document, the Amended and Restated Plan shall be in full force and effect from the date of this Resolution until the Council amends or re- peals the Plan. Section 5. That the City Clerk of the City of Dubuque, Iowa is hereby authorized and di- rected to file a certified copy of this Resolution in the office of the Dubuque County Recorder. Passed, approved, and adopted this 20th day of September 2021. Danny C. Sprank, Mayor Pro Tern 372 Regular Session, September 20, 2021 Book 151 Attest: Adrienne N. Breitfelder, City Clerk Book 151 Regular Session, September 20, 2021 373 4. Fiscal Year 2022 First Budget Amend- ment: Proof of publication on notice of public hearing to consider City Council approval of the first Fiscal Year 2022 Budget Amendment, which amends the Fiscal Year 2022 budget for City Council actions since the beginning of the Fiscal Year and includes items which City Council has expressed support. Motion by Far- ber to receive and file the documents and adopt Resolution No. 325-21 Record of Hearing and Adoption of Budget Amendment. Seconded by Roussell. Responding to questions from the City Council, Director of Finance and Budget Jennifer Larson stated that this fiscal year's amendment is larger due to funds the city re- ceived from the American Rescue Plan (ARP) and that year-to-year comparisons occur for certain reports, such as the cash basis annual financial report. City Manager Van Milligen ref- erenced information in the city's Dollars and Cents Public Information brochure and summa- rized how additional reserves are utilized. Mo- tion carried 7-0. Continued on next page 374 Regular Session, September 20, 2021 Book 151 RECORD OF HEARING AND ADOPTION OF BUDGET AMENDMENT DUBUQUE Fiscal Year July 1, 2021 - June 30, 2022 DUBUQUE conducted a public hearing for the propose of amending the current budget for the fiscal year ending June 30, 2022 Meeting Date: 9-20-2021, Meeting Time: 6:30 p.m., Meeting Location: City Council Chambers at the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa The governing body of the DUBUQUE met with a quorum present and found that the notice of time and place of the hearing had been published as required by law and that the affidavit of publication is on file with the county auditor. After hearing public comment, the governing body took up the amendment to the budget for final consideration and determined that said budgeted expenditures be amended as follows: Revenues and Other Financing Sources Total Budget as Certified or Last Amended Current Amendment Total Budget After Current Amendment Taxes Levied on Property 1 25,5130,416 0 25,530,416 Less: Uncollected Delinquent Taxes - Levy Year 2 0 0 0 Net Current Property Tax 3 25,530,416 0 25,530,416 Delinquent Property Tax Revenue 4 0 0 0 TIF Revenues 5 11,666,215 0 11,666,215 Other City Taxes 6 20,772,861 0 20,772,861 Licenses and Permits 7 1,955,835 0 1,955,835 Use of Money and Property 8 16,031,663 -11,321 16,020,342 Intergovernmental 9 34,070,391 39,840,228 73,910,619 Charges for Service 10 46,147,596 27,400 46,174,996 Special Assessments 11 187,000 0 187,000 Miscellaneous 12 8,916,548 985,902 9,902,450 Other Financing Sources 13 12,331,457 11,830,894 24,162,351 Transfers In 14 36,039,770 9,280,774 45,320,544 Total Revenues and Other Sources 15 213,649,752 61,953,877 275,603,629 EXPENDITURES and OTHER FINANCING USES Public Safety 16 31,484,833 797,744 32,282,577 Public Works 17 14,455,614 2,015,071 16,470,685 Health and Social Services 18 1,073,072 -29,538 1,043,534 Culture and Recreation 19 13,886,463 1,418,907 15,305,370 Community and Economic Development 20 16,259,431 1,065,988 17,325,419 General Government 21 10,723,620 1,382,500 12,106,120 Debt Service 22 9,785,741 18,587 9,804,328 Capital Projects 23 33,838,359 71,583,252 105,421,611 Total Government Activities Expenditures 24 131,507,133 78,252,511 209,759,644 Business Type/Enterprise 25 59,728,061 28,339,666 88,067,727 Total Gov Activities and Business Expenditures 26 191,235,194 106,592,177 297,827,371 Tranfers Out 27 36,039,770 9,280,774 45,320,544 Total Expenditures/Transfers Out 28 227,274,964 115,872,951 343,147,915 Excess Revenues and Other Sources Over (Un- der) Expend itures/Transfers Out 29 -13,625,212 -53,919,074 -67,544,286 Beginning Fund Balance July 1, 2021 30 75,132,117 62,710,935 137,843,052 Ending Fund Balance June 30, 2022 311 61,506,9051 8,791,8611 70,298,766 Explanation of Changes: This amendment adds capital budget carryovers of $65,732,986 and associated revenue o $42,948,749 and encumbrance carryovers of $18,173,430 (continuing appropriation authority). Adds operating budget carryovers of $3,267,454 and associated revenue of $2,472,470, requiring a formal amendment. Also included is $14,423,863 increase in capital expense. Capital revenue increase of $561,646. Operating expense increase o $4,994,438 and operating revenue increase of $6,690,237. Interfund transfers of $9,280,774. Adopted On: 09/20/2021 Mayor Pro Tern Signature of Certification: Danny C. Sprank City Clerk/Administrator Signature of Certification: Adrienne N. Breitfelder Book 151 Regular Session, September 20, 2021 375 5. Tiffany Court - Lead Mine Sinkhole Re - mediation Project Public Hearing: Proof of pub- lication on notice of public hearing to consider City Council approval of the plans, specifica- tions, form of contract and estimated cost of $165,000 for the Tiffany Court — Lead Mine Sinkhole Remediation Project, and City Man- ager recommended approval. Motion by Res- nick to receive and file the documents and adopt Resolution No. 326-21 Approval of plans, specifications, form of contract, and estimated cost for the Tiffany Court - Lead Mine Sinkhole Remediation Project. Seconded by Roussell. Council Member Resnick referenced a call that he received from one of the residents impacted by this sinkhole. Mr. Resnick stated that the cit- izen expressed appreciation for the city's assis- tance. City Manager Van Milligen thanked city staff for their work and stated that the city was able to assist due to the potential impact to pub- lic utilities resulting from the sinkhole. Motion carried 7-0. RESOLUTION NO. 326-21 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE TIFFANY COURT - LEAD MINE SINKHOLE REMEDIATION PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for Tiffany Court - Lead Mine Sinkhole Remediation Pro- ject, in the estimated amount $136,500.00, are hereby approved. Passed, approved, and adopted this 20"' day of September 2021. Danny C. Sprank, Mayor Pro Tern Attest: Adrienne N. Breitfelder, City Clerk 6. Kennedy Road Water Main Extension Project 2021 Public Hearing: Proof of publica- tion on notice of public hearing to consider City Council approval of the plans, specifications, form of contract and estimated cost of $1,042,975 for the Kennedy Road Water Main Extension Project 2021, and City Manager rec- ommended approval. Motion by Cavanagh to receive and file the documents and adopt Res- olution No. 327-21 Approval of plans, specifica- tions, form of contract, and estimated cost for the Kennedy Road Water Main Extension Pro- ject 2021. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 327-21 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE KENNEDY ROAD WATER MAIN EXTENSION PROJECT 2021 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the Ken- nedy Road Water Main Extension Project 2021 Project in the amount of $904,523.00, are hereby approved. Passed, adopted, and approved this 20th day of September 2021. Danny C. Sprank, Mayor Pro Tern Attest: Adrienne N. Breitfelder, City Clerk PUBLIC INPUT Related to Action Item No. 3, Randy and Mimi Vaassen, 9843 Katie Cove; Steve Peters, 9878 Katie Cove; and Mike Oppelt, 9909 Katie Cove, spoke in opposition to the city's proposal to purchase the property, expressing concerns over lack of communication to surrounding property owners and the potential impacts of in- dustrial development in the area. City Clerk Breitfelder stated that she received an email from Mr. Peters with concerns about the impact of property owners and that the email was for- warded to the City Council. Chad Wagner, 2201 Joanne Dr. in Asbury, spoke about concerns with the city's interpreta- tion of a housing ordinance requiring him to ob- tain a rental license for a property he purchased at 2206 Southway under the entity Old Mule, LLC for use by his parents. Mr. Wagner stated a rental license should not apply in this situation because he is not charging rent. Mr. Wagner re- quested the city drop their lawsuit against him and to enact an ordinance that applies to his sit- uation. Responding to a question from the City Council regarding next steps, City Manager Van Milligen stated that future public hearings will take place on rezoning related to Action Item No. 3. Regarding Mr. Wagner's comments, Mr. Van Milligen stated that he will discuss the situation with the Housing Department and the City Attorney's Office. ACTION ITEMS 1. Greater Dubuque Development Corpora- tion - Quarterly Update: President and CEO Rick Dickinson presented the quarterly update on the activities of the Greater Dubuque Devel- opment Corporation. Mr. Dickinson introduced Jason White, Vice President of Business Ser- vices, who provided a brief introduction. Mr. Dickinson responded to questions from the City Council following the presentation. Motion by Jones to receive and file the information. Se- conded by Resnick. Motion carried 7-0. 2. Fiscal Year 2021 Year End Annual Re- port for Five Flags Civic Center: City Manager transmitted the Fiscal Year (FY) 2021 Annual 376 Regular Session, September 20, 2021 Book 151 Report for Five Flags. Five Flags Manager HR Cook, who is employed by ASM Global (for- merly SMG), the private management company for Five Flags, made a presentation to the City Council on the Five Flags Civic Center FY 2021 Annual Report and fiscal year end financials. Topics included: venue shield; re -opening safely and responsibly; FY21 events in review; regional events comparison; year-end finan- cials; ticket buyer demographics; website statis- tics; FY21 highlights; venue sponsorships; and news coverage. When asked by City Council about feedback to consider for any future ac- tions on Five Flags, Mr. Cook stated there will need to be an education process on what Five Flags does and the benefits to downtown busi- nesses from Five Flags location. Responding to a question from the City Council regarding the hotel/motel tax benefit, City Manager Van Milli- gen stated that the city currently has the max allowance of 7%, half of which is allocated to Travel Dubuque and the other half allocated to the city general fund. City Council expressed support in the variety of shows offered at Five Flags and the wide range of age demographics of event attendees. Motion by Cavanagh to re- ceive and file the information. Seconded by Jones. Motion carried 7-0. 3. Purchase of Real Estate from River City Development Group LLC: City Manager recom- mended City Council approval of a Resolution approving an Offer to Buy Real Estate and Ac- ceptance for the purchase of 156.25 acres of property owned by River City Development Group for a purchase price of $4,218,750 ($27,000 per acre). Motion by Jones to receive and file the documents and adopt Resolution No. 328-21 Approving the acquisition of real es- tate owned by River City Development Group LLC in Dubuque County, Iowa. Seconded by Resnick. City Council members acknowledged the comments provided during the public input section of the meeting and summarized the ad- vantages to the city purchasing the property. Responding to a question from the City Council regarding future options for public input, Plan- ning Services Manager Wally Wernimont stated that the property will go through the annexation process into the city and the rezoning process, both of which are public hearings. Mr. Werni- mont also stated that the Planning Services De- partment will notify all property owners within 200 feet, which goes beyond the state code re- quirement of publishing the notice in a newspa- per. Responding to questions from the City Council, City Manager Van Milligen stated that there is no legal requirement to notify property owners before the city purchases a property, and that state code allows property acquisition discussions to occur in closed session to en- sure the property price is not negatively im- pacted based on discussions. Mr. Van Milligen stated that official action on property acquisi- tions must occur in open session. Motion car- ried 7-0. RESOLUTION NO. 328-21 APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY RIVER CITY DEVEL- OPMENT GROUP LLC IN DUBUQUE COUNTY, IOWA Whereas, River City Development Group LLC is the owner of the following real property (the Real Estate): Lot 2 of Wertzberger Acres No. 3, in Ta- ble Mound Township, Dubuque County, Iowa, according to the recorded Plat thereof; and The Southwest '/4 of the Northeast '/4, Lot 1 of the Northwest '/4 of the North- east 1/4, Lot 1 of Lot 1 of the Northeast '/4 of the Northeast 1/4, and Lot 2 of the Southeast 1/4 of the Northeast 1/4, in Sec- tion 14, Township 88 North, Range 2 East of the 5th P.M., in Dubuque County, Iowa, according to United States Gov- ernment Survey and the recorded Plats thereof, excepting therefrom all areas taken for highway right of way; and Whereas, the City Manager has tentatively agreed to purchase the Real Estate from River City Development Group LLC, subject to the approval by the City Council of an Offer to Buy Real Estate and Acceptance between City and River City Development Group LLC, a copy of which is attached hereto; and Whereas, the City Council has determined that it would be in the best interests of the City to approve the Offer to Buy Real Estate and Ac- ceptance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council hereby ap- proves the Offer to Buy Real Estate and Ac- ceptance attached hereto. Section 2. The City Manager and City Attor- ney are authorized to take such further action as is required to complete the purchase of the Real Estate. Passed, approved, and adopted this 20th day of September 2021. Danny C. Sprank, Mayor Pro Tern Attest: Adrienne N. Breitfelder, City Clerk 4. Amending a Tax Increment Ordinance for the Dubuque Industrial Center Economic De- velopment District, as amended by Version 2021.4 of the Amended and Restated Plan: City Manager recommended City Council adoption of an ordinance amending Ordinance No. 22-21 for the Dubuque Industrial Center Economic Development District as the District's bounda- ries were amended by Version 2021.4 of the Amended and Restated Urban Renewal Plan. Book 151 Regular Session, September 20, 2021 377 Motion by Jones to receive and file the docu- ments and that the requirement that a proposed ordinance be considered and voted on for pas- sage at two Council meetings prior to the meet- ing at which it is to be passed be suspended. Seconded by Cavanagh. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 31-21 Amending Or- dinance No. 22-21, previously amended, providing that general property taxes levied and collected each year on all property located within the Amended and Restated Dubuque In- dustrial Center Economic Development District Urban Renewal Area of the City of Dubuque, County of Dubuque, State of Iowa, by and for the benefit of the State of Iowa, City of Dubu- que, County of Dubuque, Dubuque Community School District, and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said city in connection with the Amended and Restated Dubuque Industrial Center Economic Development District Urban Renewal Redevelopment Project by removing part of Subarea C from the Division of Reve- nues. Seconded by Cavanagh. Motion caried 7- 0. OFFICIAL PUBLICATION ORDINANCE NO. 31-21 AMENDING ORDINANCE NO. 22-21, PREVI- OUSLY AMENDED, PROVIDING THAT GEN- ERAL PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR ON ALL PROP- ERTY LOCATED WITHIN THE AMENDED AND RESTATED DUBUQUE INDUSTRIAL CENTER ECONOMIC DEVELOPMENT DIS- TRICT URBAN RENEWAL AREA OF THE CITY OF DUBUQUE, COUNTY OF DUBU- QUE, STATE OF IOWA, BY AND FOR THE BENEFIT OF THE STATE OF IOWA, CITY OF DUBUQUE, COUNTY OF DUBUQUE, DUBU- QUE COMMUNITY SCHOOL DISTRICT, AND OTHER TAXING DISTRICTS, BE PAID TO A SPECIAL FUND FOR PAYMENT OF PRINCI- PAL AND INTEREST ON LOANS, MONIES ADVANCED TO AND INDEBTEDNESS, IN- CLUDING BONDS ISSUED OR TO BE IS- SUED, INCURRED BY SAID CITY IN CON- NECTION WITH THE AMENDED AND RE- STATED DUBUQUE INDUSTRIAL CENTER ECONOMIC DEVELOPMENT DISTRICT UR- BAN RENEWAL REDEVELOPMENT PRO- JECT BY REMOVING PART OF SUBAREA C FROM THE DIVISION OF REVENUES Whereas, the Amended and Restated Ur- ban Renewal Plan for the Dubuque Industrial Center Economic Development District (the "District") described in Resolution No. 130-88 was adopted on May 2, 1988 and was thereaf- ter amended and restated by Resolution No. 484-90 on December 17, 1990, Resolution No. 142-97 on April 7, 1997, Resolution No. 478-97 on November 17, 1997, Resolution No. 15-08 on January 7, 2008, Resolution No. 101-08 on March 17, 2008, Resolution No. 109-08 on April 7, 2008, Resolution No. 87-11 on March 7, 2011, Resolution No. 171-13 on June 3, 2013, Resolution No. 197-15 on June 1, 2015, Reso- lution No. 309-15 on September 8, 2015, Res- olution No. 132-16 on September 19, 2016, Resolution No. 157-18 and Resolution No. 158- 18 on May 21, 2018, Resolution 380-18 on De- cember 17, 2018, Resolution 125-21 and Res- olution 126-21 on April 19, 2021, and Resolu- tion 323-21 on September 20, 2021 (as amended and restated, the "Urban Renewal Plan" or "Amended and Restated Urban Re- newal Plan"); and Whereas, the City Council of the City of Dubuque, Iowa originally provided for the divi- sion of taxes pursuant to Section 403.19 of the Code of Iowa within the District in Ordinance No. 26-88 passed and approved on May 2, 1988 and thereafter amended and restated by Ordinance No. 63-88 on December 5, 1988, by Ordinance No. 66-97 on November 17, 1997, by Ordinance No. 70-08 on October 20, 2008, by Ordinance No. 10-14 on February 3, 2014, by Ordinance No. 39-15 on June 1, 2015, by Ordinance No. 55-15 on September 8, 2015, by Ordinance No. 49-16 on September 19, 2016, Ordinance 18-18 on May 21, 2018, by Ordi- nance 45-18 on December 17, 2018, by Ordi- nance 15-21 and Ordinance 16-21 on April 19, 2021, and by Ordinance 22-21 on June 7, 2021; and Whereas, indebtedness has been incurred by the City, and additional indebtedness is an- ticipated to be incurred in the future, to finance urban renewal project activities within the Dis- trict, and the continuing needs of redevelop- ment within the District are such as to require the continued application of the incremental tax resources of the District; and Whereas, the following enactment is neces- sary to accomplish the objectives described in the premises. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA, THAT: Ordinance Number 22-21 is hereby amended to read as follows: Section 1: For purposes of this Ordinance, the following terms shall have the following meanings: (a) Original Project Area means that portion of the City of Dubuque, Iowa described in the Urban Renewal Plan for the District ap- proved by Resolution No. 130-88 on May 2, 1988, and subsequently amended by Reso- lution No. 484-90 on December 17, 1990, which Original Project Area includes the lots and parcels located within the area now le- gally described as follows: 378 Regular Session, September 20, 2021 Book 151 All of Dubuque Industrial Center Eighth Addition; and All of Lot 1 Dubuque Industrial Center 13th Addition; and Lot 2 Dubuque Industrial Center 13th Ad- dition; and Lot 1-2-2 Dubuque Industrial Center Fifth Addition; and Lot 1 Dubuque Industrial Center Fifth Addition; and Lot 1 Dubuque Industrial Center 11th Ad- dition; and Lot 1 of 2 of Dubuque Industrial Center Fifth Addition; and Lot 1 of 2 of Dubuque Industrial Center Fifth Addition; and Lot 1-3 Dubuque Industrial Center 12th Addition; and Lot 1 of lot 3 of final plat of lot 1 of Dubu- que Industrial Center First Addition; and Lot 1 Dubuque Industrial Center 10th Ad- dition; and Lot 2-3 Dubuque Industrial Center 12th Addition; and Lots 1 and 2 of final plat of lot 1 of Dubu- que Industrial Center First Addition; and Lot 1 Dubuque Industrial Center 12th Ad- dition; and Lot 2 Dubuque Industrial Center Ninth Addition; and Lot 2 Dubuque Industrial Center 12th Ad- dition; and Lot 2-2 Dubuque Industrial Center Sixth Addition; and Lot 3 Dubuque Industrial Center Ninth Addition; and Lot 1 Dubuque Industrial Center Sixth Addition; and Lot 2 of 2 Dubuque Industrial Center 7th Addition; and Lot 2-1 Walter Addition; and Lot 2-1 Walter Addition; and And all adjoining public right-of-way, all in the City of Dubuque, Dubuque County, Iowa. The Original Project Area is referred to as "Subarea A" in the Urban Renewal Plan hereinafter described. (b) Subarea B has been removed from the division of revenues by Ordinance 22-21 on June 7, 2021. (c) Subarea C means that portion of the City of Dubuque, Iowa described as Subarea C in the Amended and Restated Urban Re- newal Plan for the District approved by Res- olution No. 323-21 on September 20, 2021, which Subarea C includes the lots and par- cels located within the area legally de- scribed as follows: Lots 1 and 2 of Dubuque Industrial Center North Second Addition; and Lots 2, 3, C and A of Dubuque Indus- trial Center North First Addition, ex- cepting that Part of said Lot A origi- nally platted as Lot 2 of the SW '/4 of the NW '/4 of Sec. 30, T89N, R2E of the 5th PM; and and any adjoining public street right- of-way, all in the City of Dubuque, Dubuque County, Iowa, Except those lots and parcels included in Subarea K and those lots and par- cels included in Subarea O. (d) Subarea D means that portion of the City of Dubuque, Iowa described as Subarea D in the Amended and Restated Urban Re- newal Plan for the District approved by Res- olution No. 109-08 on April 7, 2008, which Subarea D includes the lots and parcels lo- cated within the area legally described as follows: Lots 1, 2, and B and all of the right of way of Chavenelle Court in Dubuque Industrial Center West 8th Addition in the City of Dubuque, Dubuque County, Iowa. (e) Subarea E means that portion of the City of Dubuque, Iowa described as Subarea E in the Amended and Restated Urban Re- newal Plan for the District approved by Res- olution No. 87-11 on March 7, 2011, which Subarea E includes the lots and parcels lo- cated within the area legally described as follows: All of Lot 1 of 1 and Lot 1 of 2 of the South Fork Subdivision No. 1 as origi- nally platted, including any adjoining public street right-of-way to said lots, all in the City of Dubuque, Dubuque County, Iowa, and All of Seippel Road right of way from the north boundary line of Lot 1 of 1 of South Fork Subdivision No. 1 in the City of Dubuque, to the south bound- ary lines of Lot H of Dubuque Indus- trial Center West and Lot 1 of Dubu- que Industrial Center West 2"d Addi- tion in the City of Dubuque, Dubuque County, Iowa, including crossings at the intersections of Old Highway Road and Chicago Central and Pacific Rail- road rights -of -way. (f) Subarea F means that portion of the City of Dubuque, Iowa, and Dubuque County de- scribed as Subarea F in the Amended and Restated Urban Renewal Plan for the Dis- trict approved by Resolution No. 197-15 on June 1, 2015, which Subarea F includes the lots and parcels located within the area le- gally described as follows: Lot one (1) of Graf Farm Subdivision #2, Dubuque County, Iowa, according to the recorded plat thereof; Book 151 Regular Session, September 20, 2021 379 Lot 1 of Lot 1 of Lot 1 of Lot 1 of West One-half of Northeast One -quarter, Section 25, Township 89 North, Range 1 East of the 5th P.M., in Center Township, Dubuque County, Iowa; Lot 2 in "W.A. Norman Place" in Sec- tion 25, Center Township, Dubuque County, Iowa, according to the plat thereof; and The NW 1/4 of the SE 1/4 of Section 25, Township 89 North, Range 1 East of the 5th P.M., in Center Township, Dubuque County, Iowa. (g) Subarea G means that portion of the City of Dubuque, Iowa, and Dubuque County de- scribed as Subarea G in the Amended and Restated Urban Renewal Plan for the Dis- trict approved by Resolution No. 309-15 on September 8, 2015, which Subarea G in- cludes the lots and parcels located within the area legally described as follows: The South one-half of the Northwest Quarter of Section 29, Township 89 North, Range 2 East of the 5th P.M., in the City of Dubuque, Iowa. Lot 1 of Lot 1 of the Northwest Quarter of the Northwest Quarter of Section 29, Township 89 North, Range 2 East of the 5th P.M., in the City of Dubuque, Iowa. Lot 2 of McFadden Farm Place #2, in the City of Dubuque, Iowa. Lot 2 of McFadden Farm Place, in the City of Dubuque, Iowa. Lot A of Lot 1 of 1 of the Southwest Quarter of the Southwest Quarter of Section 29, Township 89 North, Range 2 East of the 5th P.M., in the City of Dubuque, Iowa. Lot A of Lot 1 of 1 of the Northwest Quarter of the Southwest Quarter of Section 29, Township 89 North, Range 2 East of the 5th P.M., in the City of Dubuque, Iowa. All in the City of Dubuque, Dubuque County, Iowa. (h) Subarea H means that portion of the City of Dubuque, Iowa, and Dubuque County de- scribed as Subarea H in the Amended and Restated Urban Renewal Plan for the Dis- trict approved by Resolution No. 332-16 on September 19, 2016, which Subarea H in- cludes the lots and parcels located within the area legally described as follows: Lot 1 of the Northeast'/4 of the North- east 1/4, and Lot 2 of Lot 1 of Lot 1 of Lot 2 of the Northeast'/4 of the North- east 1/4, of Section 30, in Township 89 North, Range 2 East of the 5th P.M., in the City of Dubuque, Iowa. (i) Subarea I means that portion of the City of Dubuque, Iowa, and Dubuque County de- scribed as Subarea I in the Amended and Restated Urban Renewal Plan for the Dis- trict approved by Resolution No. 332-16 on September 19, 2016, which Subarea I in- cludes the lots and parcels located within the area legally described as follows: Lot 2 Seippel Road Place #2, Dubu- que County, Iowa. Lot 2-1-1 of the Southeast Quarter of the Southeast Quarter of Section 25, Township 89 North, Range 2 East of the 5th P.M., Dubuque County, Iowa Q) Subarea J means that portion of the City of Dubuque, Iowa, and Dubuque County de- scribed as Subarea J in the Amended and Restated Urban Renewal Plan for the Dis- trict approved by Resolution No. 332-16 on September 19, 2016, which Subarea J in- cludes the lots and parcels located within the area legally described as follows: Lot 2 Julien Care Place, Dubuque County, Iowa. Lot 3 Julien Care Place, Dubuque County, Iowa Lot 2-1 Julien Care Place, Dubuque County, Iowa (k) Subarea K means that portion of the City of Dubuque, Iowa, removed from Subarea C of the District by Version 2018.1 of the Amended and Restated Plan for the District approved by Resolution No. 157-18, and added to the District by Version 2018.2 of the Amended and Restated Plan for the Dis- trict approved by Resolution No. 158-18 as Subarea K, all on May 21, 2018, which Sub- area K includes the lots and parcels located within the area legally described as follows: Lot 1 of Dubuque Industrial Center North Third Addition, in the City of Dubuque, Iowa. (1) Subarea L means that portion of the City of Dubuque, Iowa described as Subarea L in the Amended and Restated Urban Re- newal Plan for the District approved by Res- olution 380-18 on December 17, 2018, which Subarea L includes the lots and par- cels located within the area legally de- scribed as follows: Lot 1 of Loretta Bahl's Homestead, in the City of Dubuque, Iowa, comprised of Lot 1 of the West 30 Acres of the Southwest 1/4 of the Southeast 1/4, Sec- tion 19, Township 89 North, Range 2 East of the 5th P.M. all in the City of Dubuque, Dubuque County, Iowa. (m) Subarea M means that portion of the City of Dubuque, Iowa described as Sub- area M in the Amended and Restated Urban Renewal Plan for the District approved by Resolution 380-18 on December 17, 2018, which Subarea M includes the lots and par- cels located within the area legally de- scribed as follows: 380 Regular Session, September 20, 2021 Book 151 Lot 2 of the Subdivision of Lot 2 of the Northeast '/4 of the Northeast '/4 of Section 30, Township 89 North, Range 2 East of the 5t" P.M. all in the City of Dubuque, Dubuque County, Iowa. (n) Subarea N means that portion of the City of Dubuque, Iowa described as Subarea N in the Amended and Restated Urban Re- newal Plan for the District approved by Res- olution 126-21 on April 19, 2021, which Sub- area N includes the lots and parcels located within the area legally described as follows: Lot 1 of Dubuque Industrial Center North First Addition, in the City of Dubuque, Iowa; and All of the street right of way of Innova- tion Drive adjacent to Lot 1 of Dubu- que Industrial Center North First Addi- tion, in the City of Dubuque, Iowa. All in the City of Dubuque, Iowa (o) Subarea O means that portion of the City of Dubuque, Iowa removed from Subarea C and now described as Subarea O in the Amended and Restated Urban Renewal Plan for the District approved by Resolution 323-21 on September 20, 2021, which Sub- area O includes the lots and parcels located within the area legally described as follows: Lot 2 of Dubuque Industrial Center North Third Addition, in the City of Dubuque, Iowa; and A Part of Lot C in Dubuque Industrial Center North First Addition in the City of Dubuque, Iowa, being more partic- ularly described as follows: Commencing at the northwest corner of Lot 1 in Dubuque Industrial Center North Second Addition in the City of Dubuque, Iowa; Thence North 87 degrees 35 minutes 13 seconds East along the north line of said Lot 1, 65.47 feet to the Point of Beginning; Thence North 87 degrees 35 minutes 13 seconds East continuing along said north line of Lot 1, 467.29 feet; Thence South 82 degrees 04 minutes 06 seconds East continuing along said north line of Lot 1, 212.63 feet; Thence North 19 degrees 12 minutes 36 seconds East, 433.37 feet, to a point on the easterly line of Lot 2 in Dubuque Industrial Center North Third Addition in the City of Dubuque, Iowa; Thence North 90 degrees 00 minutes 00 seconds West, 231.12 feet; Thence North 60 degrees 11 minutes 47 seconds West, 280.07 feet; Thence North 51 degrees 38 minutes 25 seconds West, 318.12 feet; Thence South 57 degrees 28 minutes 14 seconds West, 86.87 feet; Thence South 18 degrees 59 minutes 51 seconds East, 140.84 feet; Thence South 51 degrees 57 minutes 52 seconds East, 101.08 feet; Thence South 01 degree 57 minutes 06 seconds East, 108.09 feet; Thence South 33 degrees 59 minutes 54 seconds East, 90.10 feet; Thence South 44 degrees 57 minutes 34 seconds East, 130.53 feet; Thence South 12 degrees 19 minutes 12 seconds West, 171.97 feet; Thence South 87 degrees 35 minutes 13 seconds West, 260.33 feet; Thence South 02 degrees 35 minutes 19 seconds East, 40.00 feet, to the Point of Beginning, said part of Lot C contains 6.59 acres, more or less. All in the City of Dubuque, Iowa (p) Amended Project Area means that por- tion of the City of Dubuque, Iowa and Dubu- que County included within the Original Pro- ject Area, Subarea C, Subarea D, Subarea E, Subarea F, Subarea G, Subarea H, Sub- area I, Subarea J, Subarea K, Subarea L, Subarea M, and Subarea N each as de- scribed in this Section. Section 2: The taxes levied on the taxable property in the Amended Project Area, and each subarea thereof, legally described in Sec- tion 1 hereof, by and for the benefit of the State of Iowa, City of Dubuque, County of Dubuque, Dubuque Community School District, and all other taxing districts from and after the effective date of this Ordinance shall be divided as here- inafter in this Ordinance provided. Section 3: As to the Original Project Area, that portion of the taxes which would be pro- duced by the rate at which the tax is levied each year by or for each of the taxing districts taxing property in the Original Project Area upon the total sum of the assessed value of the taxable property in the Original Project Area as shown on the assessment roll as of January 1, 1987, being the first day of the calendar year preced- ing the effective date of Ordinance No. 26-88, shall be allocated to and when collected be paid into the fund for the respective taxing district as taxes by or for said taxing district into which all other property taxes are paid. The taxes so de- termined shall be referred herein as the "base period taxes" for such Subarea. As to Subarea B, Subarea B has been re- moved from the division of revenues by Or- dinance 22-21. Subarea B will remain within the District. As to Subarea C (except the lots and par- cels now forming Subarea K and those lots and parcels removed by Amended and Re- stated Urban Renewal Plan Version 2021.4 now forming Subarea O), base period taxes shall be computed in the same manner us- ing the total assessed value shown on the Book 151 Regular Session, September 20, 2021 381 assessment roll as of January 1, 2007, be- ing the assessment roll applicable to prop- erty in such subarea as of January 1 of the calendar year preceding the effective date of Ordinance No. 70-08, and base values shall be reduced due to the removal of area from Subarea C. As to Subarea D, base period taxes shall be computed in the same manner using the total assessed value shown on the assess- ment roll as of January 1, 2007, being the assessment roll applicable to property in such subarea as of January 1 of the calen- dar year preceding the effective date of Or- dinance No. 70-08. As to Subarea E, base period taxes shall be computed in the same manner using the total assessed value shown on the assess- ment roll as of January 1, 2013, being the assessment roll applicable to property in such subarea as of January 1 of the calen- dar year preceding the effective date of Or- dinance No. 10-14. As to Subarea F, base period taxes shall be computed in the same manner using the total assessed value shown on the assess- ment roll as of January 1, 2014, being the assessment roll applicable to property in such subarea as of January 1 of the calen- dar year preceding the effective date of Or- dinance No. 39-15. As to Subarea G, base period taxes shall be computed in the same manner using the total assessed value shown on the assess- ment roll as of January 1, 2014, being the assessment roll applicable to property in such subarea as of January 1 of the calen- dar year preceding the effective date of Or- dinance No. 55-15. As to Subarea H, base period taxes shall be computed in the same manner using the total assessed value shown on the assess- ment roll as of January 1, 2015, being the assessment roll applicable to property in such subarea as of January 1 of the calen- dar year preceding the effective date of Or- dinance No. 49-16. As to Subarea I, base period taxes shall be computed in the same manner using the total assessed value shown on the assess- ment roll as of January 1, 2015, being the assessment roll applicable to property in such subarea as of January 1 of the calen- dar year preceding the effective date of Or- dinance No. 49-16. As to Subarea J, base period taxes shall be computed in the same manner using the total assessed value shown on the assess- ment roll as of January 1, 2015, being the assessment roll applicable to property in such subarea as of January 1 of the calen- dar year preceding the effective date of Or- dinance No. 49-16. As to Subarea K, base period taxes shall be computed in the same manner using the total assessed value shown on the assess- ment roll as of January 1, 2017, being the assessment roll applicable to property in such subarea as of January 1 of the calen- dar year preceding the effective date of Or- dinance No. 18-18. As to Subarea L, base period taxes shall be computed in the same manner using the total assessed value shown on the assess- ment roll as of January 1, 2017, being the assessment roll applicable to property in such subarea as of January 1 of the calen- dar year preceding the effective date of Or- dinance No. 45-18. As to Subarea M, base period taxes shall be computed in the same manner using the total assessed value shown on the assess- ment roll as of January 1, 2017, being the assessment roll applicable to property in such subarea as of January 1 of the calen- dar year preceding the effective date of Or- dinance No. 45-18. As to Subarea N, base period taxes shall be computed in the same manner using the total assessed value shown on the assess- ment roll as of January 1, 2020, being the assessment roll applicable to property in such subarea as of January 1 of preceding the effective date of this Ordinance No. 16- 21. Section 4: That portion of the taxes each year in excess of the base period taxes for the Amended Project Area, determined for each sub -area thereof as provided in Section 3 of this Ordinance, shall be allocated to and when col- lected be paid into the special tax increment fund previously established by the City of Dubu- que to pay the principal of and interest on loans, monies advanced to, or indebtedness, whether funded, refunded, assumed or otherwise, in- cluding bonds issued under authority of Section 403.9 or Section 403.12 of the Code of Iowa, incurred by the City of Dubuque, Iowa to finance or refinance, in whole or in part, urban renewal projects undertaken within the District pursuant to the Urban Renewal Plan, except that taxes for the regular and voter -approved physical plant and equipment levy of a school district im- posed pursuant to Section 298.2 of the Code of Iowa and taxes for the instructional support pro- gram of a school district imposed pursuant to Section 257.19 (but in each case only to the ex- tent required under Section 403.19(2)), taxes for the payment of bonds and interest of each taxing district, and taxes imposed under Sec- tion 346.77 (22) related to joint county -city buildings, shall be collected against all taxable property within the Amended Project Area with- out any limitation as hereinabove provided. 382 Regular Session, September 20, 2021 Book 151 Section 5: Unless or until the total assessed valuation of the taxable property in the subar- eas of the Amended Project Area exceeds the total assessed value of the taxable property in said subareas shown by the assessment rolls referred to in Section 3 of this Ordinance, all of the taxes levied and collected upon the taxable property in the Amended Project Area shall be paid into the funds for the respective taxing dis- tricts as taxes by or for the taxing districts in the same manner as all other property taxes. Section 6: At such time as the loans, monies advanced, bonds and interest thereon and in- debtedness of the City of Dubuque referred to in Section 4 hereof have been paid, all monies thereafter received from taxes upon the taxable property in the Amended Project Area shall be paid into the funds for the respective taxing dis- tricts in the same manner as taxes on all other property. Section 7: All ordinances or parts of ordi- nances in conflict with the provisions of this Or- dinance are hereby repealed. The provisions of this Ordinance are intended and shall be con- strued so as to remove Subarea O from the di- vision of taxes under the provisions of Section 403.19 of the Code of Iowa and to continue the division of taxes from taxable property in the Amended Project Area under the provisions of Section 403.19 of the Code of Iowa, as author- ized in Ordinance No. 22-21. In the event that any provision of this Ordinance shall be deter- mined to be contrary to law it shall not affect other provisions or application of this Ordinance which shall at all times be construed to fully in- voke the provisions of Section 403.19 of the Code of Iowa with reference to the Amended Project Area and the subareas contained therein. Section 8: This Ordinance shall be in effect after its final passage, approval and publication as provided by law. Passed and approved this 20th day of Sep- tember 2021. /s/Danny C. Sprank, Mayor Pro Tern Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 24th day of September 2021. /s/Adrienne N. Breitfelder, City Clerk 5. Amending a Tax Increment Ordinance for the Dubuque Industrial Center Economic De- velopment District, as amended by Version 2021.5 of the Amended and Restated Plan: City Manager recommended City Council adoption of an ordinance amending the most recent Or- dinance for the Dubuque Industrial Center Eco- nomic Development District as the District's boundaries were amended by Version 2021.5 of the Amended and Restated Urban Renewal Plan. Motion by Jones to receive and file the documents and that the requirement that a pro- posed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be sus- pended. Seconded by Cavanagh. Motion car- ried 7-0. Book 151 Regular Session, September 20, 2021 383 Motion by Jones for final consideration and passage of Ordinance No. 32-21 Amending Or- dinance No. 31-21, previously amended, providing that general property taxes levied and collected each year on all property located within the Amended and Restated Dubuque In- dustrial Center Economic Development District Urban Renewal Area of the City of Dubuque, County of Dubuque, State of Iowa, by and for the benefit of the State of Iowa, City of Dubu- que, County of Dubuque, Dubuque Community School District, and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said city in connection with the Amended and Restated Dubuque Industrial Center Economic Development District Urban Renewal Redevelopment Project by adding Subarea O to the Division of Revenues. Se- conded by Cavanagh. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 32-21 AMENDING ORDINANCE NO.31-21, PREVI- OUSLY AMENDED, PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR ON ALL PROPERTY LOCATED WITHIN THE AMENDED AND RESTATED DUBUQUE IN- DUSTRIAL CENTER ECONOMIC DEVEL- OPMENT DISTRICT URBAN RENEWAL AREA OF THE CITY OF DUBUQUE, COUNTY OF DUBUQUE, STATE OF IOWA, BYAND FOR THE BENEFIT OF THE STATE OF IOWA, CITY OF DUBUQUE, COUNTY OF DUBUQUE, DUBUQUE COMMUNITY SCHOOL DISTRICT, AND OTHER TAXING DISTRICTS, BE PAID TO A SPECIAL FUND FOR PAYMENT OF PRINCIPAL AND IN- TEREST ON LOANS, MONIES ADVANCED TO AND INDEBTEDNESS, INCLUDING BONDS ISSUED OR TO BE ISSUED, IN- CURRED BY SAID CITY IN CONNECTION WITH THE AMENDED AND RESTATED DUBUQUE INDUSTRIAL CENTER ECO- NOMIC DEVELOPMENT DISTRICT URBAN RENEWAL REDEVELOPMENT PROJECT BY ADDING SUBAREA O TO THE DIVISION OF REVENUES Whereas, the Amended and Restated Ur- ban Renewal Plan for the Dubuque Industrial Center Economic Development District (the "District") described in Resolution No. 130-88 was adopted on May 2, 1988 and was thereaf- ter amended and restated by Resolution No. 484-90 on December 17, 1990, Resolution No. 142-97 on April 7, 1997, Resolution No. 478-97 on November 17, 1997, Resolution No. 15-08 on January 7, 2008, Resolution No. 101-08 on March 17, 2008, Resolution No. 109-08 on April 7, 2008, Resolution No. 87-11 on March 7, 2011, Resolution No. 171-13 on June 3, 2013, Resolution No. 197-15 on June 1, 2015, Reso- lution No. 309-15 on September 8, 2015, Res- olution No. 132-16 on September 19, 2016, Resolution No. 157-18 and Resolution No. 158- 18 on May 21, 2018, Resolution 380-18 on De- cember 17, 2018, Resolution 125-21 and Res- olution 126-21 on April 19, 2021, Resolution 323-21, and Resolution 324-21 on September 20, 2021 (as amended and restated, the "Urban Renewal Plan" or "Amended and Restated Ur- ban Renewal Plan"); and Whereas, the City Council of the City of Dubuque, Iowa originally provided for the divi- sion of taxes pursuant to Section 403.19 of the Code of Iowa within the District in Ordinance No. 26-88 passed and approved on May 2, 1988 and thereafter amended and restated by Ordinance No. 63-88 on December 5, 1988, by Ordinance No. 66-97 on November 17, 1997, by Ordinance No. 70-08 on October 20, 2008, by Ordinance No. 10-14 on February 3, 2014, by Ordinance No. 39-15 on June 1, 2015, by Ordinance No. 55-15 on September 8, 2015, by Ordinance No. 49-16 on September 19, 2016, Ordinance 18-18 on May 21, 2018, by Ordi- nance 45-18 on December 17, 2018, by Ordi- nance 15-21 and Ordinance 16-21 on April 19, 2021, by Ordinance 22-21 on June 7, 2021, and by Ordinance 31-21 on September 20, 2021; and Whereas, indebtedness has been incurred by the City, and additional indebtedness is an- ticipated to be incurred in the future, to finance urban renewal project activities within the Dis- trict, and the continuing needs of redevelop- ment within the District are such as to require the continued application of the incremental tax resources of the District; and Whereas, the following enactment is neces- sary to accomplish the objectives described in the premises. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA, THAT: Ordinance Number 31-21 is hereby amended to read as follows: Section 1: For purposes of this Ordinance, the following terms shall have the following meanings: (a) Original Project Area means that portion of the City of Dubuque, Iowa described in the Urban Renewal Plan for the District ap- proved by Resolution No. 130-88 on May 2, 1988, and subsequently amended by Reso- lution No. 484-90 on December 17, 1990, which Original Project Area includes the lots and parcels located within the area now le- gally described as follows: All of Dubuque Industrial Center Eighth Addition; and All of Lot 1 Dubuque Industrial Center 13th Addition; and 384 Regular Session, September 20, 2021 Book 151 Lot 2 Dubuque Industrial Center 13" addition; and Lot 1-2-2 Dubuque Industrial Center Fifth Addition; and Lot 1 Dubuque Industrial Center Fifth Addition; and Lot 1 Dubuque Industrial Center 11th Addition; and Lot 1 of 2 of Dubuque Industrial Center Fifth Addition; and Lot 1 of 2 of Dubuque Industrial Center Fifth Addition; and Lot 1-3 Dubuque Industrial Center 12th Addition; and Lot 1 of Lot 3 of final plat of Lot 1 of Dubuque Industrial Center First Addi- tion; and Lot 1 Dubuque Industrial Center 10th Addition; and Lot 2-3 Dubuque Industrial Center 12th Addition; and Lots 1 and 2 of final plat of lot 1 of Dubuque Industrial Center First Addi- tion; and Lot 1 Dubuque Industrial Center 12th Addition; and Lot 2 Dubuque Industrial Center Ninth Addition; and Lot 2 Dubuque Industrial Center 12th Addition; and Lot 2-2 Dubuque Industrial Center Sixth Addition; and Lot 3 Dubuque Industrial Center Ninth Addition; and Lot 1 Dubuque Industrial Center Sixth Addition; and Lot 2 of 2 Dubuque Industrial Center 7th Addition; and Lot 2-1 Walter Addition; and Lot 2-1 Walter Addition; and And all adjoining public right-of-way, all in the City of Dubuque, Dubuque County, Iowa. The Original Project Area is referred to as "Subarea A" in the Urban Renewal Plan hereinafter described. (b) Subarea B has been removed from the division of revenues by Ordinance 22-21 on June 7, 2021. (c) Subarea C means that portion of the City of Dubuque, Iowa described as Subarea C in the Amended and Restated Urban Re- newal Plan for the District approved by Res- olution No. 324-21 on September 20, 2021, which Subarea C includes the lots and par- cels located within the area legally de- scribed as follows: Lots 1 and 2 of Dubuque Industrial Center North Second Addition; and Lots 2, 3, C and A of Dubuque Indus- trial Center North First Addition, ex- cepting that Part of said Lot A origi- nally platted as Lot 2 of the SW '/ of the NW '/4 of Sec. 30, T89N, R2E of the 5th PM; and and any adjoining public street right- of-way, all in the City of Dubuque, Dubuque County, Iowa, Except those lots and parcels included in Subarea K and those lots and par- cels included in Subarea O. (d) Subarea D means that portion of the City of Dubuque, Iowa described as Subarea D in the Amended and Restated Urban Re- newal Plan for the District approved by Res- olution No. 109-08 on April 7, 2008, which Subarea D includes the lots and parcels lo- cated within the area legally described as follows: Lots 1, 2, and B and all of the right of way of Chavenelle Court in Dubuque Industrial Center West 8th Addition in the City of Dubuque, Dubuque County, Iowa. (e) Subarea E means that portion of the City of Dubuque, Iowa described as Subarea E in the Amended and Restated Urban Re- newal Plan for the District approved by Res- olution No. 87-11 on March 7, 2011, which Subarea E includes the lots and parcels lo- cated within the area legally described as follows: All of Lot 1 of 1 and Lot 1 of 2 of the South Fork Subdivision No. 1 as origi- nally platted, including any adjoining public street right-of-way to said lots, all in the City of Dubuque, Dubuque County, Iowa, and All of Seippel Road right of way from the north boundary line of Lot 1 of 1 of South Fork Subdivision No. 1 in the City of Dubuque, to the south bound- ary lines of Lot H of Dubuque Indus- trial Center West and Lot 1 of Dubu- que Industrial Center West 2nd Addi- tion in the City of Dubuque, Dubuque County, Iowa, including crossings at the intersections of Old Highway Road and Chicago Central and Pacific Rail- road rights -of -way. (f) Subarea F means that portion of the City of Dubuque, Iowa, and Dubuque County de- scribed as Subarea F in the Amended and Restated Urban Renewal Plan for the Dis- trict approved by Resolution No. 197-15 on June 1, 2015, which Subarea F includes the lots and parcels located within the area le- gally described as follows: Lot one (1) of Graf Farm Subdivision #2, Dubuque County, Iowa, according to the recorded plat thereof; Lot 1 of Lot 1 of Lot 1 of Lot 1 of West One-half of Northeast One -quarter, Section 25, Township 89 North, Range 1 East of the 5th P.M., in Center Township, Dubuque County, Iowa; Book 151 Regular Session, September 20, 2021 385 Lot 2 in "W.A. Norman Place" in Sec- tion 25, Center Township, Dubuque County, Iowa, according to the plat thereof; and The NW 1/4 of the SE 1/4 of Section 25, Township 89 North, Range 1 East of the 5th P.M., in Center Township, Dubuque County, Iowa. (g) Subarea G means that portion of the City of Dubuque, Iowa, and Dubuque County de- scribed as Subarea G in the Amended and Restated Urban Renewal Plan for the Dis- trict approved by Resolution No. 309-15 on September 8, 2015, which Subarea G in- cludes the lots and parcels located within the area legally described as follows: The South one-half of the Northwest Quarter of Section 29, Township 89 North, Range 2 East of the 5th P.M., in the City of Dubuque, Iowa. Lot 1 of Lot 1 of the Northwest Quarter of the Northwest Quarter of Section 29, Township 89 North, Range 2 East of the 5th P.M., in the City of Dubuque, Iowa. Lot 2 of McFadden Farm Place #2, in the City of Dubuque, Iowa. Lot 2 of McFadden Farm Place, in the City of Dubuque, Iowa. Lot A of Lot 1 of 1 of the Southwest Quarter of the Southwest Quarter of Section 29, Township 89 North, Range 2 East of the 5th P.M., in the City of Dubuque, Iowa. Lot A of Lot 1 of 1 of the Northwest Quarter of the Southwest Quarter of Section 29, Township 89 North, Range 2 East of the 5th P.M., in the City of Dubuque, Iowa. All in the City of Dubuque, Dubuque County, Iowa. (h) Subarea H means that portion of the City of Dubuque, Iowa, and Dubuque County de- scribed as Subarea H in the Amended and Restated Urban Renewal Plan for the Dis- trict approved by Resolution No. 332-16 on September 19, 2016, which Subarea H in- cludes the lots and parcels located within the area legally described as follows: Lot 1 of the Northeast 1/4 of the North- east 1/4, and Lot 2 of Lot 1 of Lot 1 of Lot 2 of the Northeast 1/4 of the North- east 1/4, of Section 30, in Township 89 North, Range 2 East of the 5th P.M., in the City of Dubuque, Iowa. (i) Subarea I means that portion of the City of Dubuque, Iowa, and Dubuque County de- scribed as Subarea I in the Amended and Restated Urban Renewal Plan for the Dis- trict approved by Resolution No. 332-16 on September 19, 2016, which Subarea I in- cludes the lots and parcels located within the area legally described as follows: Lot 2 Seippel Road Place #2, Dubu- que County, Iowa. Lot 2-1-1 of the Southeast Quarter of the Southeast Quarter of Section 25, Township 89 North, Range 2 East of the 5th P.M., Dubuque County, Iowa Q) Subarea J means that portion of the City of Dubuque, Iowa, and Dubuque County de- scribed as Subarea J in the Amended and Restated Urban Renewal Plan for the Dis- trict approved by Resolution No. 332-16 on September 19, 2016, which Subarea J in- cludes the lots and parcels located within the area legally described as follows: Lot 2 Julien Care Place, Dubuque County, Iowa. Lot 3 Julien Care Place, Dubuque County, Iowa Lot 2-1 Julien Care Place, Dubuque County, Iowa (k) Subarea K means that portion of the City of Dubuque, Iowa, removed from Subarea C of the District by Version 2018.1 of the Amended and Restated Plan for the District approved by Resolution No. 157-18, and added to the District by Version 2018.2 of the Amended and Restated Plan for the Dis- trict approved by Resolution No. 158-18 as Subarea K, all on May 21, 2018, which Sub- area K includes the lots and parcels located within the area legally described as follows: Lot 1 of Dubuque Industrial Center North Third Addition, in the City of Dubuque, Iowa. (1) Subarea L means that portion of the City of Dubuque, Iowa described as Subarea L in the Amended and Restated Urban Re- newal Plan for the District approved by Res- olution 380-18 on December 17, 2018, which Subarea L includes the lots and par- cels located within the area legally de- scribed as follows: Lot 1 of Loretta Bahl's Homestead, in the City of Dubuque, Iowa, comprised of Lot 1 of the West 30 Acres of the Southwest 1/4 of the Southeast 1/4, Sec- tion 19, Township 89 North, Range 2 East of the 5th P.M. all in the City of Dubuque, Dubuque County, Iowa. (m) Subarea M means that portion of the City of Dubuque, Iowa described as Sub- area M in the Amended and Restated Urban Renewal Plan for the District approved by Resolution 380-18 on December 17, 2018, which Subarea M includes the lots and par- cels located within the area legally de- scribed as follows: Lot 2 of the Subdivision of Lot 2 of the Northeast '/4 of the Northeast '/4 of Section 30, Township 89 North, Range 2 East of the 5th P.M. all in the City of Dubuque, Dubuque County, Iowa. 386 Regular Session, September 20, 2021 Book 151 (n) Subarea N means that portion of the City of Dubuque, Iowa described as Subarea N in the Amended and Restated Urban Re- newal Plan for the District approved by Res- olution 126-21 on April 19, 2021, which Sub- area N includes the lots and parcels located within the area legally described as follows: Lot 1 of Dubuque Industrial Center North First Addition, in the City of Dubuque, Iowa; and All of the street right of way of Inno- vation Drive adjacent to Lot 1 of Dubuque Industrial Center North First Addition, in the City of Dubu- que, Iowa. All in the City of Dubuque, Iowa (o) Subarea O means that portion of the City of Dubuque, Iowa removed from Subarea C and now described as Subarea O in the Amended and Restated Urban Renewal Plan for the District approved by Resolution 324-21 on September 20, 2021, which Sub- area O includes the lots and parcels located within the area legally described as follows: Lot 2 of Dubuque Industrial Center North Third Addition, in the City of Dubuque, Iowa; and A Part of Lot C in Dubuque Industrial Center North First Addition in the City of Dubuque, Iowa, being more partic- ularly described as follows: Commencing at the northwest corner of Lot 1 in Dubuque Industrial Center North Second Addition in the City of Dubuque, Iowa; Thence North 87 degrees 35 minutes 13 seconds East along the north line of said Lot 1, 65.47 feet to the Point of Beginning; Thence North 87 degrees 35 minutes 13 seconds East continuing along said north line of Lot 1, 467.29 feet; Thence South 82 degrees 04 minutes 06 seconds East continuing along said north line of Lot 1, 212.63 feet; Thence North 19 degrees 12 minutes 36 seconds East, 433.37 feet, to a point on the easterly line of Lot 2 in Dubuque Industrial Center North Third Addition in the City of Dubuque, Iowa; Thence North 90 degrees 00 minutes 00 seconds West, 231.12 feet; Thence North 60 degrees 11 minutes 47 seconds West, 280.07 feet; Thence North 51 degrees 38 minutes 25 seconds West, 318.12 feet; Thence South 57 degrees 28 minutes 14 seconds West, 86.87 feet; Thence South 18 degrees 59 minutes 51 seconds East, 140.84 feet; Thence South 51 degrees 57 minutes 52 seconds East, 101.08 feet; Thence South 01 degree 57 minutes 06 seconds East, 108.09 feet; Thence South 33 degrees 59 minutes 54 seconds East, 90.10 feet; Thence South 44 degrees 57 minutes 34 seconds East, 130.53 feet; Thence South 12 degrees 19 minutes 12 seconds West, 171.97 feet; Thence South 87 degrees 35 minutes 13 seconds West, 260.33 feet; Thence South 02 degrees 35 minutes 19 seconds East, 40.00 feet, to the Point of Beginning, said part of Lot C contains 6.59 acres, more or less. All in the City of Dubuque, Iowa (p) Amended Project Area means that por- tion of the City of Dubuque, Iowa and Dubu- que County included within the Original Pro- ject Area, Subarea C, Subarea D, Subarea E, Subarea F, Subarea G, Subarea H, Sub- area I, Subarea J, Subarea K, Subarea L, Subarea M, Subarea N, and Subarea O each as described in this Section. Section 2: The taxes levied on the taxable property in the Amended Project Area, and each subarea thereof, legally described in Sec- tion 1 hereof, by and for the benefit of the State of Iowa, City of Dubuque, County of Dubuque, Dubuque Community School District, and all other taxing districts from and after the effective date of this Ordinance shall be divided as here- inafter in this Ordinance provided. Section 3: As to the Original Project Area, that portion of the taxes which would be pro- duced by the rate at which the tax is levied each year by or for each of the taxing districts taxing property in the Original Project Area upon the total sum of the assessed value of the taxable property in the Original Project Area as shown on the assessment roll as of January 1, 1987, being the first day of the calendar year preced- ing the effective date of Ordinance No. 26-88, shall be allocated to and when collected be paid into the fund for the respective taxing district as taxes by or for said taxing district into which all other property taxes are paid. The taxes so de- termined shall be referred herein as the "base period taxes" for such Subarea. As to Subarea B, Subarea B has been re- moved from the division of revenues by Or- dinance 22-21. Subarea B will remain within the District. As to Subarea C (except the lots and par- cels now forming Subarea K and those lots and parcels removed by Amended and Re- stated Urban Renewal Plan Version 2021.4 now forming Subarea O), base period taxes shall be computed in the same manner us- ing the total assessed value shown on the assessment roll as of January 1, 2007, be- ing the assessment roll applicable to prop- erty in such subarea as of January 1 of the calendar year preceding the effective date Book 151 Regular Session, September 20, 2021 387 of Ordinance No. 70-08, and base values shall be reduced due to the removal of area from Subarea C. As to Subarea D, base period taxes shall be computed in the same manner using the total assessed value shown on the assess- ment roll as of January 1, 2007, being the assessment roll applicable to property in such subarea as of January 1 of the calen- dar year preceding the effective date of Or- dinance No. 70-08. As to Subarea E, base period taxes shall be computed in the same manner using the total assessed value shown on the assess- ment roll as of January 1, 2013, being the assessment roll applicable to property in such subarea as of January 1 of the calen- dar year preceding the effective date of Or- dinance No. 10-14. As to Subarea F, base period taxes shall be computed in the same manner using the total assessed value shown on the assess- ment roll as of January 1, 2014, being the assessment roll applicable to property in such subarea as of January 1 of the calen- dar year preceding the effective date of Or- dinance No. 39-15. As to Subarea G, base period taxes shall be computed in the same manner using the total assessed value shown on the assess- ment roll as of January 1, 2014, being the assessment roll applicable to property in such subarea as of January 1 of the calen- dar year preceding the effective date of Or- dinance No. 55-15. As to Subarea H, base period taxes shall be computed in the same manner using the total assessed value shown on the assess- ment roll as of January 1, 2015, being the assessment roll applicable to property in such subarea as of January 1 of the calen- dar year preceding the effective date of Or- dinance No. 49-16. As to Subarea I, base period taxes shall be computed in the same manner using the total assessed value shown on the assess- ment roll as of January 1, 2015, being the assessment roll applicable to property in such subarea as of January 1 of the calen- dar year preceding the effective date of Or- dinance No. 49-16. As to Subarea J, base period taxes shall be computed in the same manner using the total assessed value shown on the assess- ment roll as of January 1, 2015, being the assessment roll applicable to property in such subarea as of January 1 of the calen- dar year preceding the effective date of Or- dinance No. 49-16. As to Subarea K, base period taxes shall be computed in the same manner using the total assessed value shown on the assess- ment roll as of January 1, 2017, being the assessment roll applicable to property in such subarea as of January 1 of the calen- dar year preceding the effective date of Or- dinance No. 18-18. As to Subarea L, base period taxes shall be computed in the same manner using the total assessed value shown on the assess- ment roll as of January 1, 2017, being the assessment roll applicable to property in such subarea as of January 1 of the calen- dar year preceding the effective date of Or- dinance No. 45-18. As to Subarea M, base period taxes shall be computed in the same manner using the total assessed value shown on the assess- ment roll as of January 1, 2017, being the assessment roll applicable to property in such subarea as of January 1 of the calen- dar year preceding the effective date of Or- dinance No. 45-18. As to Subarea N, base period taxes shall be computed in the same manner using the total assessed value shown on the assess- ment roll as of January 1, 2020, being the assessment roll applicable to property in such subarea as of January 1 of preceding the effective date of this Ordinance No. 16- 21. As to Subarea O, base period taxes shall be computed in the same manner using the total assessed value shown on the assess- ment roll as of January 1, 2020, being the assessment roll applicable to property in such subarea as of January 1 of preceding the effective date of this Ordinance 32-21. Section 4: That portion of the taxes each year in excess of the base period taxes for the Amended Project Area, determined for each sub -area thereof as provided in Section 3 of this Ordinance, shall be allocated to and when col- lected be paid into the special tax increment fund previously established by the City of Dubu- que to pay the principal of and interest on loans, monies advanced to, or indebtedness, whether funded, refunded, assumed or otherwise, in- cluding bonds issued under authority of Section 403.9 or Section 403.12 of the Code of Iowa, incurred by the City of Dubuque, Iowa to finance or refinance, in whole or in part, urban renewal projects undertaken within the District pursuant to the Urban Renewal Plan, except that taxes for the regular and voter -approved physical plant and equipment levy of a school district im- posed pursuant to Section 298.2 of the Code of Iowa and taxes for the instructional support pro- gram of a school district imposed pursuant to Section 257.19 (but in each case only to the ex- tent required under Section 403.19(2)), taxes for the payment of bonds and interest of each taxing district, and taxes imposed under Sec- tion 346.77 (22) related to joint county -city buildings, shall be collected against all taxable 388 Regular Session, September 20, 2021 Book 151 property within the Amended Project Area with- out any limitation as hereinabove provided. Section 5: Unless or until the total assessed valuation of the taxable property in the subar- eas of the Amended Project Area exceeds the total assessed value of the taxable property in said subareas shown by the assessment rolls referred to in Section 3 of this Ordinance, all of the taxes levied and collected upon the taxable property in the Amended Project Area shall be paid into the funds for the respective taxing dis- tricts as taxes by or for the taxing districts in the same manner as all other property taxes. Section 6: At such time as the loans, monies advanced, bonds and interest thereon and in- debtedness of the City of Dubuque referred to in Section 4 hereof have been paid, all monies thereafter received from taxes upon the taxable property in the Amended Project Area shall be paid into the funds for the respective taxing dis- tricts in the same manner as taxes on all other property. Section 7: All ordinances or parts of ordi- nances in conflict with the provisions of this Or- dinance are hereby repealed. The provisions of this Ordinance are intended and shall be con- strued so as to remove Subarea O from the di- vision of taxes under the provisions of Section 403.19 of the Code of Iowa and to continue the division of taxes from taxable property in the Amended Project Area under the provisions of Section 403.19 of the Code of Iowa, as author- ized in Ordinance No. 22-21. In the event that any provision of this Ordinance shall be deter- mined to be contrary to law it shall not affect other provisions or application of this Ordinance which shall at all times be construed to fully in- voke the provisions of Section 403.19 of the Code of Iowa with reference to the Amended Project Area and the subareas contained therein. Section 8: This Ordinance shall be in effect after its final passage, approval and publication as provided by law. Passed and approved this 20th day of Sep- tember 2021. /s/Danny C. Sprank, Mayor Pro Tern Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 24th day of September 2021. /s/Adrienne N. Breitfelder, City Clerk COUNCIL MEMBER REPORTS Council Member Cavanagh reported on at- tending the Iowa League of Cities (ILC) recent Conference in Coralville. Mr. Cavanagh was elected to another two-year term on the Execu- tive Board of the ILC and also stated that the ILC's recently adopted legislative values share similarities with the city's legislative priorities. Council Member Farber reported on the up- coming Sister City Photo Exhibit from October Book 151 Regular Session, October 4, 2021 389 14 through 16 hosted by the Sister City Com- mittee. Council Member Resnick reported on at- tending an event entitled Every Voice Matters last Saturday with other City Council members. Mayor Pro Tem Sprank reported on partici- pating in Dubuque's Oktoberfest opening cere- mony as Mayor Pro Tem. Council Member Jones reported on recently speaking to the current Leadership Dubuque class with Mayor Pro Tem Sprank. CLOSED SESSION Motion by Jones to convene in closed ses- sion at 9:08 p.m. to discuss real estate transfer negotiations — Chapter 21.5(1)0) Code of Iowa. Seconded by Cavanagh. Mayor Pro Tem Sprank stated for the record that the attorney who will consult with City Council on the issues to be discussed in the closed session is City At- torney Crenna Brumwell. Motion carried 7-0. Upon motion, the City Council reconvened in open session at 10:09 p.m. stating that staff had been given proper direction. There being no further business, Mayor Pro Tem Sprank declared the meeting ad- journed at 10:10 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 October 4, 2021, in the second -floor Council Chambers of the Historic Federal Building, 350 W. 6'h Street. Present: Mayor Buol; Council Members Cavanagh, Farber, Jones, Resnick, Roussell, Sprank; City Manager Van Milligen, City Attor- ney 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. Native American Land Acknowledge- ment: Mayor Buol began the meeting by read- ing a land acknowledgement to recognize the long history of nations who lived and still live in Dubuque. 2. COVID-19 Update: Mary Rose Corrigan, Public Health Specialist for the City of Dubu- que, provided an update on the COVID-19 pan- demic and response activities. PROCLAMATION(S) 1. Energy Efficiency Day (October 6, 2021) was accepted by Sustainable Community Coor- dinator Gina Bell on behalf of Sustainable Dubuque. 2. Indigenous Peoples' Day (October 11, 2021 was accepted by Jody Durnin on behalf of the Dubuque for Indigenous Peoples' Day Com- mittee. 3. Sister City Relationships Recognition Days (October 14 - 16, 2021) was accepted by Chairperson Kevin Firnstahl on behalf of the Sister City Relationships Committee of Travel Dubuque. 4. Dubuque Lowe's Community Day (Octo- ber 17, 2021) was accepted by Mike Bryson on behalf of Dubuque Lowe's. 5. Arts and Humanities Month (October 2021) was accepted by Arts and Cultural Affairs Coordinator Jenni Petersen -Brant on behalf of the Arts and Cultural Affairs Advisory Commis- sion. 390 Regular Session, October 4, 2021 Book 151 6. Brain Health Awareness Month (October 2021) was accepted by Peter Supple on behalf of the Brain Health Now Stakeholders. CONSENT ITEMS Motion by Resnick to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Sprank. Motion carried 7-0. 1. Minutes and Reports Submitted: City Council proceedings of 9/20; Arts and Cultural Affairs Commission of 7/27 and 8/24; Housing Commission of 8/24; Human Rights Commis- sion of 8/9; Library Board of Trustees of 8/26; Library Board of Trustees Update of 9/23. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: GRTD Invest- ments, LLC for vehicle damage; Joshua -James Richards for personal injury. Upon motion the documents were received, filed, and referred to the City Attorney. 3. Disposition of Claims: City Attorney ad- vised that the following claims have been re- ferred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: GRTD Investments, LLC for vehicle dam- age; Joshua -James Richards for personal in- jury. Upon motion the documents were re- ceived, filed, and concurred. 4. Approval of City Expenditures: City Man- ager recommended City Council approval for payment of City expenditures. Upon motion the documents were received and filed, and Reso- lution No. 329-21 Authorizing the Director of Fi- nance and Budget/City Treasurer to make cer- tain payments of bills that must be paid and ap- proved for payment in accordance with City pro- cedures was adopted. RESOLUTION NO. 329-21 AUTHORIZING THE DIRECTOR OF FI- NANCE AND BUDGET / CITY TREASURER TO MAKE CERTAIN PAYMENTS OF BILLS THAT MUST BE PAID AND APPROVED FOR PAYMENT IN ACCORDANCE WITH CITY PROCEDURES 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 De- partment personnel in accordance with gener- ally accepted internal control procedures and have been determined to have been requisi- tioned for a lawful municipal purpose; and Whereas, the Finance Director -City Treas- urer 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 pay- ment of certain expenditures known as Excep- tion 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 Treas- urer is hereby authorized to issue payment for goods and services provided for City purposes in response to the purchase orders and con- tracts issued in compliance with state and mu- nicipal code requirements as requested by des- ignated requisitioning authorities in accordance with approved budget appropriations. Section 2. In accordance with Iowa Code Section 372.13(6), the City Clerk and Finance Director are hereby authorized and directed to provide the statement of receipts and disburse- ments to the City Council, and to publish a sum- mary thereof. Passed, approved, and adopted this 4th day of October 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 5. Fiscal Year 2021 City Street Financing Report: City Manager recommended approval of the City of Dubuque's Fiscal Year 2021 City Street Financing Report and authorize filing with the Iowa Department of Transportation. Upon motion the documents were received and filed, and Resolution No. 330-21 Approving the City of Dubuque Fiscal Year 2021 City Street Financing Report was adopted. RESOLUTION NO. 330-21 APPROVING THE CITY OF DUBUQUE FIS- CAL YEAR 2021 CITY STREET FINANCING REPORT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the City Street Finance Re- port for the period of July 1, 2020, to June 30, 2021, is hereby approved and that the City Clerk is hereby authorized and directed to file said report with the Iowa Department of Trans- portation. Passed, approved, and adopted this 4th day of October 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk Book 151 Regular Session, October 4, 2021 391 6. Proposed Downtown Rehabilitation Grant Award for 1699 Iowa Street: City Manager rec- ommended approval of a Downtown Rehabilita- tion Loan Program Grant Award in the amount of $35,000 to Unitarian Universalist Fellowship of Dubuque for a fagade grant, a planning and design grant, and a financial consultant grant for 1699 Iowa Street. Upon motion the docu- ments were received and filed, and Resolution No. 331-21 Approving a Grant Agreement be- tween the City of Dubuque, Iowa and Unitarian Universalist Fellowship of Dubuque, Iowa for the redevelopment of 1699 Iowa Street was adopted. RESOLUTION NO. 331-21 APPROVING A GRANT AGREEMENT BE- TWEEN THE CITY OF DUBUQUE, IOWA AND UNITARIAN UNIVERSALIST FELLOWSHIP OF DUBUQUE, IOWA FOR THE REDEVEL- OPMENT OF 1699 IOWA STREET Whereas, Unitarian Universalist Fellowship of Dubuque, Iowa is the owner of the building at 1699 Iowa Street in the City of Dubuque, Iowa (the "Development Property") legally described as: The North 50 feet of the East '/2 of Out Lot 746 in the City of Dubuque, Iowa, ac- cording to the United States Commis- sioners' Map of the Survey of the Town of Dubuque, Iowa, and Whereas, Unitarian Universalist Fellowship of Dubuque, Iowa has applied to the City of Dubuque Economic Development Department (the "City") for a Fagade Grant, a Planning and Design Grant, and a Financial Consultant Grant (the "Grants") for the rehabilitation of the Devel- opment Property (the "Project"); and Whereas, the Project is eligible for the Grants; and Whereas, City and Unitarian Universalist Fellowship of Dubuque, Iowa has tentatively entered into a Grant Agreement for the Devel- opment Property (the "Grant Agreement"), a copy of which is attached hereto; and Whereas, it is the determination of the City Council that approval of the Grant Agreement for redevelopment of the Development Property by Unitarian Universalist Fellowship of Dubu- que, Iowa, according to the terms and condi- tions set out in the Grant Agreement, is in the public interest of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Grant Agreement be- tween the City of Dubuque and Unitarian Uni- versalist Fellowship of Dubuque, Iowa is hereby approved. Section 2. That the Mayor is hereby author- ized and directed to execute the Grant Agree- ment on behalf of the City of Dubuque and the City Clerk is authorized and directed to attest to his signature. Section 3. That the City Manager is author- ized to take such actions as are necessary to comply with the terms of the Grant Agreement as herein approved. Passed, approved, and adopted this 4th day of October 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 7. Proposed Downtown Rehabilitation Grant Award for 2535 Central Avenue: City Manager recommended approval of a Downtown Reha- bilitation Grant Award to TKWJ Estates, LLC in the maximum amount of $50,000 for 2535 Cen- tral Avenue. Upon motion the documents were received and filed, and Resolution No. 332-21 Approving a Grant Agreement between the City of Dubuque, Iowa and TKWJ Estates, LLC for the redevelopment of 2535 Central Avenue was adopted. RESOLUTION NO. 332-21 APPROVING A GRANT AGREEMENT BE- TWEEN THE CITY OF DUBUQUE, IOWA AND TKWJ ESTATES, LLC FOR THE REDEVEL- OPMENT OF 2535 CENTRAL AVENUE Whereas, TKWJ Estates, LLC is the owner of the building at 2535 Central Avenue in the City of Dubuque, Iowa (the "Development Prop- erty") legally described as: Lot 1, Lot 2, Lot 1 of Lot 3, Lot 2 of Lot 3, and Lot 4, all of "Dunn's Subdivision", and Lot 2 of Lot 1 of Lot 2 of Lot 1 of Lot 18 of John King's Dubuque", in the City of Dubuque, Iowa, according to the Rec- orded Plats of said respective Subdivi- sions; and Whereas, TKWJ Estates, LLC has applied to the City of Dubuque Economic Development Department (the "City") for a Downtown Hous- ing Incentive Grant (the "Grant") for the rehabil- itation of the Development Property (the "Pro- ject"); and Whereas, the Project is eligible for the Grants; and Whereas, City and TKWJ Estates, LLC has tentatively entered into a Grant Agreement for the Development Property (the "Grant Agree- ment"), a copy of which is attached hereto; and Whereas, it is the determination of the City Council that approval of the Grant Agreement for redevelopment of the Development Property by TKWJ Estates, LLC, according to the terms and conditions set out in the Grant Agreement, is in the public interest of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Grant Agreement be- tween the City of Dubuque and TKWJ Estates, LLC is hereby approved. 392 Regular Session, October 4, 2021 Book 151 Section 2. That the Mayor is hereby author- ized and directed to execute the Grant Agree- ment on behalf of the City of Dubuque and the City Clerk is authorized and directed to attest to his signature. Section 3. That the City Manager is author- ized to take such actions as are necessary to comply with the terms of the Grant Agreement as herein approved. Passed, approved, and adopted this 4th day of October 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 8. Fiscal Year 2022 Main Street Iowa Pro- gram Agreement: City Manager requested ap- proval of the Program Agreement through a resolution among Dubuque Main Street LTD., the City of Dubuque, and the Iowa Economic Development Authority. Upon motion the docu- ments were received and filed, and Resolution No. 333-21 Approving an Agreement by and among the Iowa Economic Development Au- thority, Dubuque Main Street, LTD., and the City of Dubuque providing for the Dubuque Main Street Program in the City of Dubuque was adopted. RESOLUTION NO. 333-21 APPROVING AN AGREEMENT BY AND AMONG THE IOWA ECONOMIC DEVELOP- MENT AUTHORITY, DUBUQUE MAIN STREET, LTD. AND THE CITY OF DUBUQUE PROVIDING FOR THE DUBUQUE MAIN STREET PROGRAM IN THE CITY OF DUBU- QUE Whereas, an Agreement by and among the Iowa Economic Development Authority, Dubu- que Main Street, LTD. and the City of Dubuque has been prepared for the purpose of continu- ing the Local Main Street Program in the City of Dubuque; and Whereas, this Agreement is pursuant to contractual agreements between Dubuque Main Street, LTD., and the Iowa Economic De- velopment Authority to assist in the revitaliza- tion of the designated Main Street District of the City of Dubuque Iowa; and Whereas, the City Council of the City of Dubuque endorses the goal of economic revi- talization of the Main Street District within the context of preservation and rehabilitation of its historic buildings and supports the continuation of the Main Street Approach as developed by Main Street America and espoused by Main Street Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque hereby agrees to support both financially and philo- sophically the work of Dubuque Main Street, LTD., designates the Main Street, LTD. Board to supervise the Executive Director, and com- mits to appoint a City official to represent the City on the local Main Street LTD. Board. The source of funds to support Dubuque Main Street will be from the City's General Fund. Section 2. That the Mayor is hereby author- ized and directed to execute the attached Agreement on behalf of the City of Dubuque and the City Clerk is authorized and directed to attest to his signature. Section 3. That the City Manager is author- ized to take such actions as are necessary to comply with the terms of the Agreement as herein approved. Passed, approved, and adopted this 4th day of October 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 9. Transmission of 2021-2022 Art on the River Promotional Brochure and Purchasing In- formation: City Manager transmitted infor- mation on the 2021-2022 Art on the River pro- motional brochure and purchasing information. Upon motion the documents were received and filed. 10. Amendment to Development Agree- ment - Derby Grange, LLC: City Manager re- quested review and approval of a resolution amending the development agreement and the amendment to the development agreement with Derby Grange, LLC. Upon motion the doc- uments were received and filed, and Resolution No. 334-21 Approving the First Amendment to Development Agreement between the City of Dubuque, Iowa and Derby Grange, LLC was adopted. RESOLUTION NO. 334-21 APPROVING THE FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND DERBY GRANGE, LLC Whereas, City and Developer previously entered into a Development Agreement dated the 4th of November 2015 (the Development Agreement) for the development of property on Derby Grange Road (the Development Prop- erty); and Whereas, the Developer originally planned a three (3) phase development of residential units on the Development Property; and Whereas, the Developer has sold Phase 3 of the Development Property for construction of a residential cooperative ownership develop- ment; and Whereas, City and Developer have agreed to this Amendment to the Development Agree- ment to remove Phase 3 from the Development Agreement; and Whereas, the City Council believes it is in Book 151 Regular Session, October 4, 2021 393 the best interests of the City of Dubuque to ap- prove the First Amendment to Development Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA AS FOLLOWS: Section 1. The City of Dubuque hereby ap- proves the First Amendment to Development Agreement between the City of Dubuque and Derby Grange, LLC. Section 2. The Mayor is authorized and di- rected to sign the First Amendment to Develop- ment Agreement on behalf of the City of Dubu- que. Passed, approved, and adopted this 4th day of October 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 11. Resolution Approving the Sale of Prop- erty by 210 Jones, LLC, and Resolution Ap- proving the Third Amendment to the Develop- ment Agreement: City Manager recommended approval of a Resolution approving the sale of the Development Property by 210 Jones, LLC to Dubuque Idea Campus, LLC and approval of a Resolution approving the Third Amendment to Development Agreement. Upon motion the documents were received and filed, and Reso- lution No. 335-21 Approving the sale of real es- tate owned by 210 Jones, LLC and Resolution No. 336-21 Approving the Third Amendment to Development Agreement between the City of Dubuque, Iowa and 210 Jones, LLC were adopted. RESOLUTION NO. 335-21 APPROVING THE SALE OF REAL ESTATE OWNED BY 210 JONES, LLC Whereas, 210 Jones, LLC is the owner of the following described real estate: Lot 1 of City Lot 541, Lot 2 of City Lot 541, City Lot 542, Lot 1 of Lot 2 of City Lot 543, Lot 2 of Lot 2 of City Lot 543, Lot "A" of "Vacated Shields Street", and, Lot 2 of Lot "D" of "Vacated Shields Street", in the City of Dubuque, Iowa, ac- cording to the United States Commis- sioners' Map of the Survey of the Town of Dubuque, Iowa, and the recorded plats of said respective subdivisions, lo- cally known as 210 Jones Street, Dubu- que, Iowa (the Development Property); and Whereas, the City of Dubuque (City) and 210 Jones, LLC entered into a Development Agreement dated for reference June 19, 2017, for the development of the Development Prop- erty; and Whereas, the Development Agreement re- quires City consent to any sale of the Develop- ment Property during the term of the Develop- ment Agreement; and Whereas, 210 Jones, LLC has entered into a purchase agreement with Dubuque Idea Campus, LLC for the sale of the Development Property; and Whereas, 210 Jones, LLC has requested City consent to the sale of the Development Property; and Whereas, 210 Jones, LLC will continue as the Developer under the Development Agree- ment and will retain all of the obligations of the Developer in the Development Agreement. Whereas, the City Council finds that it is in the interest of the City of Dubuque to consent the sale of the Development Property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: 1. The City Council hereby approves the sale of the Development Property by 210 Jones, LLC to Dubuque Idea Campus, LLC. 2. The Mayor is hereby authorized and di- rected to sign this Resolution on behalf of the City of Dubuque. Passed, approved, and adopted this 4th day of October 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk RESOLUTION NO. 336-21 APPROVING THE THIRD AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND 210 JONES, LLC Whereas, 210 Jones, LLC is the owner of the following described real estate: Lot 1 of City Lot 541, Lot 2 of City Lot 541, City Lot 542, Lot 1 of Lot 2 of City Lot 543, Lot 2 of Lot 2 of City Lot 543, Lot "A" of "Vacated Shields Street", and, Lot 2 of Lot "D" of "Vacated Shields Street", in the City of Dubuque, Iowa, ac- cording to the United States Commis- sioners' Map of the Survey of the Town of Dubuque, Iowa, and the recorded plats of said respective subdivisions, lo- cally known as 210 Jones Street, Dubu- que, Iowa (the Development Property); and Whereas, the City of Dubuque (City) and 210 Jones, LLC entered into a Development Agreement dated for reference June 19, 2017, for the development of the Development Prop- erty; and Whereas, the Development Agreement re- quires City consent to any sale of the Develop- ment Property during the term of the Develop- ment Agreement; and Whereas, 210 Jones, LLC has entered into a purchase agreement with Dubuque Idea Campus, LLC for the sale of the Development 394 Regular Session, October 4, 2021 Book 151 Property; and Whereas, 210 Jones, LLC has requested City consent to the sale of the Development Property; and Whereas, 210 Jones, LLC will continue as the Developer under the Development Agree- ment and will retain all of the obligations of the Developer in the Development Agreement; and Whereas, to assure the performance of the covenants of the Development Agreement by the owner of the Development Property, Dubu- que Idea Campus, LLC is proposed to be added as a party to the Development Agreement by the Third Amendment; and Whereas, City is willing to consent to the sale subject to the terms and conditions of the Third Amendment to Development Agreement; and Whereas, the City Council finds that it is in the interest of the City of Dubuque to approve the Third Amendment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: 1. The City Council hereby approves the Third Amendment to Development Agreement. 2. The Mayor is hereby authorized and di- rected to sign this Resolution and the Third Amendment on behalf of the City of Dubuque. Passed, approved, and adopted this 4th day of October 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 12. Fiscal Year 2022 Contracted Service Agreement: DuRide: City Manager recom- mended approval of a Contracted Services Agreement for Fiscal Year 2022 with DuRide for $30,000 to provide transportation services for senior citizens. Upon motion the documents were received, filed, and approved. 13. Multicultural Family Center Summer Teen Empowerment Program (STEP) 2021 Outcomes: City Manager transmitted infor- mation on the Multicultural Family Center Sum- mer Teen Empowerment Program (STEP) 2021 outcomes. Upon motion the documents were received and filed. 14. Pre -Annexation Agreement - River City Stone Company: City Manager recommended approval of a Pre -Annexation Agreement with River City Stone Company, in conjunction with their request for approval of a Final Plat. Upon motion the documents were received and filed, and Resolution No. 337-21 Approving a Pre - Annexation Agreement between the City of Dubuque, Iowa and River City Stone Company was adopted. RESOLUTION NO. 337-21 APPROVING A PRE -ANNEXATION AGREE- MENT BETWEEN THE CITY OF DUBUQUE, IOWA AND RIVER CITY STONE COMPANY Whereas, River City Stone Company, the owner of the following described property lo- cated east of Settlers Lane and adjacent to 8205 Forest Way in Dubuque County, Iowa (the Property) have submitted to the City Council of the city of Dubuque an application for voluntary annexation of the Property to the City of Dubu- que: Lot 1 in Stone Quarry Subdivision, Dubuque County, Iowa Whereas, River City Stone Company 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 author- izes 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 or- derly 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 an- nexation of the Property is in the public interest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The Pre -annexation Agreement by and between River City Stone Company and the City of Dubuque is hereby approved. Passed, approved, and adopted this 4th day of October 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 15. Improvement Contracts / Performance, Payment and Maintenance Bonds: McDermott Excavating Company for the South Gate Drive to Simpson Street Water Main Project; River City Paving for the 2021 Airport Parking Lot Re- surfacing Project. Upon motion the documents were received, filed, and approved. 16. Tiffany Court - Lead Mine Sinkhole Re - mediation Project: Award of Public Improve- ment Construction Contract: City Manager rec- ommended award of the construction contract for the Tiffany Court — Lead Mine Sinkhole Re - mediation Project to the low bidder, S&S Build- ers, based on the concurrence from Iowa De- partment of Agriculture and Land Stewardship. Upon motion the documents were received and Book 151 Regular Session, October 4, 2021 395 filed, and Resolution No. 338-21 Awarding Pub- lic Improvement Contract for the Tiffany Court - Lead Mine Sinkhole Remediation Project was adopted. RESOLUTION NO. 338-21 AWARDING PUBLIC IMPROVEMENT CON- TRACT FOR THE TIFFANY COURT - LEAD MINE SINKHOLE REMEDIATION PROJECT Whereas, sealed proposals have been sub- mitted by contractors for the Tiffany Court - Lead Mine Sinkhole Remediation Project, (the Project) pursuant to Resolution No. 306-21 and Notice to Bidders published on the City of Dubu- que, Iowa website and plan room service with statewide circulation on the 10th day of Septem- ber 2021; and Whereas, said sealed proposals were opened and read on the 28th day of September 2021 and it has been determined that S&S Builders of Dubuque, IA submitted the low bid in the amount of $163,666.09, and is the lowest responsive, responsible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That a Public Improvement Contract for the Project is hereby awarded to S&S Builders and the City Manager is hereby directed to execute a Public Improvement Contract on behalf of the City of Dubuque for the Project. Passed, adopted, and approved this 4th day of October 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 17. Water Main Extension to Tamarack Park (Phase 2) Amendment to change Date of Project Completion: City Manager recom- mended approval of an Amendment to Pre -An- nexation Agreement between the City of Dubu- que and Jon D. Luckstead to revise the project completion date to be set for on or before May 31, 2023. Upon motion the documents were re- ceived, filed, and approved. 18. Eagle Point Water Treatment Plant Pro- cess and Condition Assessment Project 2021: Award of Professional Engineering Contract: City Manager recommended approval to enter into final contact negotiations for professional engineering services with Strand Associates for the Eagle Point Water Treatment Plant Process and Condition Assessment Project 2021 for a not to exceed amount of $187,093. Upon mo- tion the documents were received, filed, and approved. 19. 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. 339-21 Approving applications for beer, liquor, and/or wine permits, as re- quired 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. 339-21 APPROVING APPLICATIONS FOR BEER, LIQUOR, AND/OR WINE PERMITS, AS RE- QUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LI- CENSE REGULATIONS, CHAPTER 2 LIQ- UOR CONTROL, ARTICLE B LIQUOR, 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, provisionally approved, and/or approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City, and the applicants have filed the proper fees and bonds and otherwise complied with the requirements 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 author- ized and directed to cause to be issued the noted permit types to the following applicants pending submission of the locally required doc- umentation: Renewals Boaz BBQ, 1689 Elm St. Chipotle Mexican Grill, 3450 Dodge St. Suite 101 Denny's Lux Club, 3050 Asbury Rd. Eagle Country Market, 1800 Elm St. Fat Tuesday's, 1121 University Ave. Hy-Vee 1 Clubroom, 3500 Dodge St. Clubroom Area The Copper Kettle Inc., 2987 Jackson St. Wal-Mart Supercenter 2004, 4200 Dodge St. Special Event(s) per Special Event Application Submittal Travel Dubuque 10-13-21 to 10-17-21, 955 Washington St. New Wayfarer Coffee, 955 Washington St. #105 Passed, approved, and adopted this 4th day of October 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk ITEMS SET FOR PUBLIC HEARING Motion by Jones to receive and file the doc- uments, adopt the resolutions, and set the pub- lic hearings as indicated. Seconded by Farber. Motion carried 7-0. 1. Water Service Connection Charge As- sessment - 1951 W. 32"d Street Set Public 396 Regular Session, October 4, 2021 Book 151 Hearing Date: City Manager recommended the City Council set a public hearing for October 18, 2021, for the establishment of the Final Sched- ule of Assessments for 1951 W 32nd Street for a water service connection charge. Upon mo- tion the documents were received and filed and Resolution No. 340-21 Setting a public hearing on the Voluntary Assessment Agreement for Water Connection Fee for 1951 W. 32nd Street was adopted setting a public hearing for a meet- ing to commence at 6:30 p.m. on October 18, 2021, in the Historic Federal Building. RESOLUTION NO. 340-21 SETTING A PUBLIC HEARING ON THE VOL- UNTARY ASSESSMENT AGREEMENT FOR WATER CONNECTION FEE FOR 1951 W. 32ND STREET Whereas, Terry and Connie Hackbarth (Hackbarths'), the owners of 1951 W. 32nd Street, approached the City about connecting to the City of Dubuque water system; and Whereas, the Hackbarths' home is currently on a well which is failing; and Whereas, the Hackbarths' requested to do a voluntary assessment to cover the water con- nection fee associated with the connection of their property to the City water system; and Whereas, a connection can be made to the City water system by the Hackbarths' to provide their property with a safe and reliable source of water; and Whereas, the City is agreeable to connect- ing the Hackbarths' to the City water system; and Whereas, the City is agreeable to doing a Voluntary Assessment Agreement for the Wa- ter Connection Fee; and Whereas, the Hackbarths' have waived the requirements for published and mailed notice of the public hearing; and Whereas, the proposed Voluntary Assess- ment Agreement, are hereby preliminarily ap- proved and ordered filed in the office of the City Clerk for public inspection, and Whereas, a public hearing is required by state code on the assessment. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the City Council shall con- duct a public hearing on the proposed Voluntary Assessment Agreement in the City Council Chambers at the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa on the 18th day of October 2021 beginning at 6:30 p.m. at which time the owners of property subject to assess- ment or any other person having an interest in the matter may appear and be heard for or against entering into the Voluntary Assessment Agreement. A property owner will be deemed to have waived all objections unless at the time of hear- ing the property owner has filed objections with the City Clerk. Book 151 Regular Session, October 4, 2021 397 Passed, adopted, and approved this 4t' day of October 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 2. Resolution of Necessity for the Amend- ment of the Dubuque Industrial Center Eco- nomic Development District Urban Renewal Plan, Version 2021.6: City Manager recom- mended City Council approval of a Resolution of Necessity that finds that an Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic Development Dis- trict is both necessary and appropriate and sets a public hearing on the proposed amendment for November 1, 2021. Upon motion the docu- ments were received and filed and Resolution No. 341-21 Authorizing and directing the City Manager to prepare an Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic Development District and set- ting dates for the public hearing and consulta- tion process on the proposed Amended and Restated Urban Renewal Plan for said district was adopted setting a public hearing fora meet- ing to commence at 6:30 p.m. on November 1, 2021, in the Historic Federal Building. RESOLUTION NO. 341-21 AUTHORIZING AND DIRECTING THE CITY MANAGER TO PREPARE AN AMENDED AND RESTATED URBAN RENEWAL PLAN FOR THE DUBUQUE INDUSTRIAL CENTER ECONOMIC DEVELOPMENT DISTRICT AND SETTING DATES FOR THE PUBLIC HEAR- ING AND CONSULTATION PROCESS ON THE PROPOSED AMENDED AND RE- STATED URBAN RENEWAL PLAN FOR SAID DISTRICT. Whereas, the City Council of the City of Dubuque has heretofore approved the Amended and Restated Urban Renewal Plan (the "Plan" or "Urban Renewal Plan") for the Dubuque Industrial Center Economic Develop- ment District (the "District') in order to provide redevelopment opportunities which will further the purposes and objectives of the foregoing Urban Renewal Plan; and Whereas, City staff has recommended that the Plan be amended to expand the District; and Whereas, Iowa Code Chapter 403 requires that before a Plan may be modified, the City Council must follow the notification, consulta- tion, and public hearing process set forth therein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Manager is author- ized and directed to prepare an Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic Development Dis- trict to include in such Plan any appropriate pro- ject activities and details, and to determine an appropriate date for and conduct the consulta- tion process required by law with affected tax- ing entities concerning the proposed amend- ment. Section 2. That the City Council hold a pub- lic hearing on the adoption of the proposed Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic Development District on November 1, 2021, at 6:30 p.m. in the form attached hereto. The no- tice of said hearing shall generally identify the areas covered by the Plan and the general scope of the urban renewal activities planned for such areas and said notice shall be pub- lished in a newspaper having general circula- tion within the City not less than four days nor more than twenty days before the date of said meeting. A copy of the notice of public hearing shall be sent by ordinary mail to the affected taxing entities. Section 3. That the Economic Development Department is further directed to send by ordi- nary mail a copy of said Plan, the notice of pub- lic hearing, a notice of consultation, and, to the extent the Plan includes the use of tax incre- ment revenues for a public building, an analysis of alternative development and funding options for such public buildings, to the Dubuque Com- munity School District and the Dubuque County Board of Supervisors, as the affected taxing en- tities. Passed, approved, and adopted this 4th day of October 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 3. Set for Public Hearing - River City Devel- opment Group, LLC Voluntary Annexation Re- quest: City Manager recommended the City Council set a public hearing for November 1, 2021, on the 100% voluntary annexation re- quest filed by River City Development Group, LLC for approximately 156.25 acres of property. Upon motion the documents were received and filed and Resolution No. 342-21 Setting a public hearing on an application for voluntary annexa- tion of territory to the City of Dubuque, Iowa was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on November 1, 2021, in the Historic Federal Building. RESOLUTION NO. 342-21 SETTING A PUBLIC HEARING ON AN AP- PLICATION FOR VOLUNTARY ANNEXA- TION OF TERRITORY TO THE CITY OF DUBUQUE, IOWA Whereas, the City Council of Dubuque has received a written application from River City Development Group, LLC for the voluntary an- 398 Regular Session, October 4, 2021 Book 151 nexation of 156.25 acres of property. The prop- erty is located west of the Southwest Arterial and north of Tamarack Business Park as shown on Exhibit A and legally described as: Lot 2 of Wertzberger Acres No. 3, in Ta- ble Mound Township, Dubuque County, Iowa, according to the recorded Plat thereof; and The Southwest 1/4 of the Northeast 1/4, Lot 1 of the Northwest 1/4 of the North- east 1/4, Lot 1 of Lot 1 of the Northeast 1/4 of the Northeast 1/4, and Lot 2 of the Southeast 1/4 of the Northeast 1/4, in Section 14, Township 88 North, Range 2 East of the 5th P.M., in Dubuque County, Iowa, according to United States Government Survey and the rec- orded Plats thereof, excepting therefrom that land acquired for highway right of way by the Iowa Department of Trans- portation known as Lot A of Lot 1 of the Northwest 1/4 of the Northeast 1/4 and of Lot 1 of Lot 1 of the Northeast 1/4 of the Northeast 1/4 and of Lot 2 of the Southeast 1/4 of the Northeast 1/4, all in Section 14, Township 88 North, Range 2 East of the 5th P.M., County of Dubu- que, State of Iowa, containing 11.95 acres and as shown and described in the Warranty Deed filed as Instrument Number 2010-00003964 in the Dubu- que County Recorder's Office, and ex- cepting therefrom that land acquired for highway right of way by the Iowa Depart- ment of Transportation known as Lot B of Lot 1 of Lot 1 of the Northeast 1/4 of the Northeast 1/4 and of Lot 2 of the Southeast 1/4 of the Northeast 1/4, all in Section 14, Township 88 North, Range 2 East of the 5th P.M., County of Dubu- que, State of Iowa, containing 0.62 acres and as shown and described in the Warranty Deed filed as Instrument Number 2011-00011776 in the Dubu- que County Recorder's Office Whereas, the annexation territory is not subject to an existing annexation moratorium agreement and does not include any railroad property; and Whereas, the annexation territory does not include State owned property; and Whereas, Chapter 368 of the Code of Iowa authorizes this annexation by adoption of a res- olution and required notification; and Whereas, the annexation territory is con- sistent with the City's Comprehensive Plan; and Whereas, the future growth and develop- ment of the City of Dubuque, Iowa makes it de- sirable that the annexation territory be made part of the City of Dubuque, Iowa; and Whereas, the City of Dubuque has the ca- pacity to provide substantial municipal services to the annexation territory; and Whereas, the annexation is in the public in- terest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: A public hearing will be held on the 1st day of November, 2021, at 6:30 p.m. in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa, at which time interested persons may appear and be heard for or against the proposed annexa- tion, and the City Clerk be and is hereby di- rected to cause the attached notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than fourteen days prior to the date of such hearing. Passed, approved, and adopted this 4th day of October 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 4. Set for Public Hearing - City of Dubuque Voluntary Annexation Request: City Manager recommended the City Council set a public hearing for November 1, 2021, on the 100% vol- untary annexation request filed by the City of Dubuque for approximately 51.56 acres of property. Upon motion the documents were re- ceived and filed and Resolution No. 343-21 Set- ting a public hearing on an application for vol- untary annexation of territory to the City of Dubuque, Iowa was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on November 1, 2021, in the Historic Federal Building. RESOLUTION NO. 343-21 SETTING A PUBLIC HEARING ON AN AP- PLICATION FOR VOLUNTARY ANNEXA- TION OF TERRITORY TO THE CITY OF DUBUQUE, IOWA Whereas, the City Council of Dubuque has received a written application from the City of Dubuque for the voluntary annexation of 51.56 acres of property. The property is comprised of the western on and off ramps of the intersection of the Southwest Arterial and US Hwy 151/61 and the intersection of Tamarack Drive and the Southwest Arterial.as shown on Exhibit A and legally described as: All that land acquired for highway right of way by the Iowa Department Of Transporta- tion known as Lot A of Lot 1 of the northwest 1/4 of the northeast 1/4 and of Lot 1 of Lot 1 of the northeast 1/4 of the northeast 1/4 and of Lot 2 of the southeast 1/4 of the northeast 1/4, all in Section 14, Township 88 North, Range 2 east of the 5th P.M., County Of Dubuque, State Of Iowa, containing 11.95 acres and as shown and described in the warranty deed filed as instrument number Book 151 Regular Session, October 4, 2021 399 2010-00003964 in the Dubuque County Re- corder's Office, and All that land acquired for highway right of way by the Iowa Department Of Transporta- tion known as Lot B of Lot 1 of Lot 1 of the northeast 1/4 of the northeast 1/4 and of Lot 2 of the southeast 1/4 of the northeast 1/4, all in Section 14, Township 88 North, Range 2 east of the 5th P.M., County of Dubuque, State of Iowa, containing 0.62 acres and as shown and described in the warranty deed filed as instrument number 2011-00011776 in the Dubuque County Recorder's Office; and All that land acquired for highway right of way by the Iowa Department of Transporta- tion known as Lot A of Lot 2 of the south- west 1/4 of the northwest 1/4, all in Section 13, Township 88 North, Range 2 east of the 5th P.M., County of Dubuque, State of Iowa, containing 7.50 acres and as shown and de- scribed in the warranty deed filed as instru- ment number 2010-00007163 in the Dubu- que County Recorder's Office; and A part of that land acquired for highway right of way by the Iowa Department of Transportation known as Lot A of Lot 2 of 3 of Archdiocese Place No. 2 at Key West in Section 11, Township 88 north, Range 2 east of the 5th P.M., County of Dubuque and of Lot 2 of the northwest 1/4 of the northeast 1/4 and of Lot 2 of 1 of the northeast 1/4 of the northeast 1/4 and of Lot 1 of the south- east quarter of the northeast quarter, all in Section 14, Township 88 North, Range 2 east of the 5th P.M., County of Dubuque, State of Iowa, containing 51.12 acres and as shown and described in the warranty deed filed as instrument number 2011- 00018392 in the Dubuque County Re- corder's Office, more particularly described as follows: Commencing at the east 1/4 corner of said Section 14; thence south 87' (de- grees) 30' (minutes) 08" (seconds) west (assumed bearing for the purpose of this description) on the south line of the northeast 1/4 of said Section 14, a dis- tance of 316.67 feet to the southeast corner of said Lot 1 of the southeast 1/4 of the northeast 1/4 which is on the pre- sent northwesterly right-of-way line of U.S. Highway 61, being the point of be- ginning of the area herein described; thence continuing south 87°30'08" west on said south line, also being the south line of said Lot 1 of the southeast 1/4 of the northeast 1/4, a distance of 744.37 feet to the west line of said Lot 1 of the southeast 1/4 of the northeast 1/4; thence north 01 °46'59" west on said west line, 365.46 feet; thence north 02°36'29" west on said west line, 258.32 feet to the northwesterly line of said Lot 1 of the southeast 1/4 of the northeast 1/4; thence north 15°33'01" east on said northwesterly line, 189.90 feet; thence north 201631" east on said northwest- erly line, 100.25 feet; thence north 31°16'30" east on said northwesterly line, 371.74 feet; thence north 51 °35'55" east on said northwesterly line, 46.89 feet; thence north 26°34'03" east on said northwesterly line, 112.65 feet to the northwest corner of said Lot 1 of the southeast 1/4 of the northeast 1/4, also being the southwest corner of said Lot 2 of 1 of the northeast 1/4 of the northeast 1/4; thence north 35°25'51" east on the westerly and southwesterly line of said Lot 2 of 1 of the northeast 1/4 of the northeast 1/4, a distance of 200.90 feet; thence north 01°11'53" west on said westerly and southwesterly line, 284.09 feet; thence north 51 °36'20" west on said westerly and southwesterly line, 173.35 feet; thence south 73°41'30" east a distance of 115.82 feet; thence south 48°36'34" east on the northeast- erly line of said Lot 2 of 1 of the north- east 1/4 of the northeast 1/4, 759.07 feet to the southeast corner of said Lot 2 of 1 of the northeast 1/4 of the northeast 1/4, also being the northeast corner of said Lot 1 of the southeast 1/4 of the north- east 1/4; thence south 02°41'19" east on the easterly line of said Lot 1 of the southeast 1/4 of the northeast 1/4, a dis- tance of 954.91 feet to the present northwesterly right-of-way line of U.S. Highway 61; thence south 38°00'39" west on said northwesterly right-of-way line, 485.62 feet to the point of begin- ning, containing 31.49 acres, more or less. Whereas, the annexation territory is not subject to an existing annexation moratorium agreement and does not include any railroad property; and Whereas, the annexation territory does not include State owned property; and Whereas, Chapter 368 of the Code of Iowa authorizes this annexation by adoption of a res- olution and required notification; and Whereas, the annexation territory is con- sistent with the City's Comprehensive Plan; and Whereas, the future growth and develop- ment of the City of Dubuque, Iowa makes it de- sirable that the annexation territory be made part of the City of Dubuque, Iowa; and Whereas, the City of Dubuque has the ca- pacity to provide substantial municipal services to the annexation territory; and Whereas, the annexation is in the public in- terest. NOW THEREFORE, BE IT RESOLVED BY 400 Regular Session, October 4, 2021 Book 151 THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: A public hearing will be held on the 1 -It day of November, 2021, at 6:30 p.m. in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa, at which time interested persons may appear and be heard for or against the proposed annexa- tion, and the City Clerk be and is hereby di- rected to cause the attached notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than fourteen days prior to the date of such hearing. Passed, approved, and adopted this 4th day of October 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 5. Request for Public Hearing: State Re- volving Fund (SRF) Environmental Review -Old Mill Road Pump Station and Force Main Pro- ject: City Manager recommended the City Council set a public hearing for November 15, 2021, on the environmental review as provided by the State Revolving Fund's Department of Natural Resources, for the Old Mill Road Pump Station and Force Main project. Upon motion the documents were received and filed and Resolution No. 344-21 State Revolving Fund (SRF) Loan - Environmental Review: Old Mill Pump Station and Force Main Project: Prelimi- nary Approval of an Environmental Review as provided by SRF's Department of Natural Re- sources for the Old Mill Pump Station and Force Main Project and ordering the advertisement for public notice was adopted setting a public hear- ing for a meeting to commence at 6:30 p.m. on November 15, 2021, in the Historic Federal Building. RESOLUTION NO. 344-21 STATE REVOLVING FUND (SRF) LOAN - EN- VIRONMENTAL REVIEW OLD MILL PUMP STATION AND FORCE MAIN PROJECT: PRELIMINARY APPROVAL OF AN ENVI- RONMENTAL REVIEW AS PROVIDED BY SRF'S DEPARTMENT OF NATURAL RE- SOURCES FOR THE OLD MILL PUMP STA- TION AND FORCE MAIN PROJECT AND OR- DERING THE ADVERTISEMENT FOR PUB- LIC NOTICE Whereas, in May of 2021 the City submitted a facility plan and State Revolving Fund (SRF) loan application documents to Iowa Department of Natural Resources (IDNR) to secure funding for the Old Mill Road Pumping Station and Force Main Project; and Whereas, the City is required to complete an environmental review through public hearing as part of the SRF environmental review pro- cess. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The environmental review as pro- vided by SRF's Department of Natural Re- sources for the Old Mill Pump Station and Force Main project, is hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. Section 2. A public hearing will be held on the 15th day of November, 2021, at 6:30 p.m. in the Historic Federal Building Council Chambers (and/or by virtual means) 350 W. 6th Street, Dubuque, Iowa, at which time interested per- sons may appear and be heard for or against the proposed environmental review of said Pro- ject, and the City Clerk be and is hereby di- rected to cause the attached notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any interested person may appear and file objections to the environmental review of the Project. Section 3. The environmental review as pro- vided by SRF's Department of Natural Re- sources for the Old Mill Pumping Station and Force Main Project is hereby ordered to be ad- vertised for public hearing. Passed, adopted, and approved this 4th day of October 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk ACTION ITEMS 1. Proposed Transition from Human Rights Department to Office of Equity and Human Rights: City Manager recommended renaming the Human Rights Department to the Office of Equity and Human Rights, along with a transi- tion in the duties of the department. 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 Cavanagh. Human Rights Director Kelly Larson made a presentation. Topics included: Human Rights; Creating a culture centered in human rights; main roles of the Human Rights Depart- ment throughout the years; and Proposal: Of- fice of Equity and Human Rights. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 33-21 Amending City of Dubuque Code of Ordinances Title 8 Hu- man Rights. Seconded by Cavanagh. Motion carried 7-0. Book 151 Regular Session, October 4, 2021 401 OFFICIAL PUBLICATION schools, other educational insti- ORDINANCE NO. 33-21 tutions, and housing in the city AMENDING CITY OF DUBUQUE CODE OF and to attempt the elimination of ORDINANCES TITLE 8 HUMAN RIGHTS such inequity and discrimination NOW, THEREFORE, BE IT ORDAINED BY through education, conciliation, THE CITY COUNCIL OF THE CITY OF DUBU- and recommended changes to QUE, IOWA: policy and practice. Section 1. Title 8 of the City of Dubuque B. To hold hearings upon any Code of Ordinances is amended to read as fol- complaint made against a per - lows: son, an employer, an employ - TITLE 8: EQUITY AND HUMAN RIGHTS ment agency, a labor organiza- CHAPTER 1: DEFINITIONS; GEN- tion, or the employees or mem- ERAL PROVISIONS bers thereof, to subpoena wit- 8-1-1: DEFINITIONS: When used in nesses and compel their attend - this title, the following terms shall ance at such hearings, to admin- have the meanings ascribed herein ister oaths and take the testi- unless the context otherwise re- mony of any person under oath quires: and to compel such person, em- .... ployer, employment agency, la - COMMISSION: The Dubuque equity bor organization, or employees and human rights commission cre- or members thereof, to produce ated by chapter 2 of this title. for examination any books and .... papers relating to any matter in - CHAPTER 2: EQUITY AND HUMAN volved in such complaint. The RIGHTS COMMISSION commission will issue subpoe- 8-2-1: COMMISSION CREATED: nas for witnesses in the same There is hereby created the equity manner and for the same pur- and human rights commission. pose on behalf of the respondent 8-2-2: PURPOSE: The purpose of upon the respondent's request. the commission is to hold hearings, Such hearings may be held by compel the production of evidence, the commission, by any commis - and determine the merits of com- sioner, or by any hearing exam - plaints alleging unfair or discrimina- iner appointed by the commis- tory practices in housing, employ- sion. If a witness either fails or ment, education, credit, or places of refuses to obey a subpoena is - public accommodation; to investi- sued by the commission, the gate and study the existence, char- commission may petition the dis- acter, causes, and extent of inequity trict court having jurisdiction for and discrimination and to attempt to issuance of a subpoena and the eliminate inequity and discrimination court must, in a proper case, is - by educating the public and promot- sue the subpoena. Refusal to ing equity and human rights in the obey such subpoena is subject community; and to take action in the to punishment for contempt. community to promote equitable and C. To develop recommendations inclusive behavior and to eliminate for actions to strengthen policies, discrimination and advance equity practices, services and pro - based on age, race, creed, color, grams that will, in the judgment sex, national origin, religion, ances- of the commission, promote eq- try, disability, marital status, familial uitable and inclusive behavior status, sexual orientation, or gender that tends to eliminate inequity identity. and discrimination. D. To prepare and transmit to the 8-2-13: POWERS: The commission mayor and city council from time serves in an advisory capacity to the to time, but not less often than City Council and has the following once each year, reports describ- powers, duties, and responsibilities: ing its proceedings, hearings A. To investigate and study the conducted, and the outcome existence, character, causes, thereof, decisions rendered, and and extent of inequity and dis- the other work performed by the crimination in public accommo- commission. dations, employment, appren- E. To make recommendations to ticeship programs, on the job the city council concerning ad - training programs, vocational 402 Regular Session, October 4, 2021 Book 151 vancing equity, promoting inclu- sion, and addressing discrimina- tion in order to improve quality of life, livability and equity for all residents. F. To cooperate, within the limits of any appropriations made for its operation, with other agencies or organizations, both public and private, whose purposes are consistent with those of this chapter, in the planning and con- ducting of programs designed to advance equity or eliminate dis- crimination or cultural and inter- group tensions. G. To adopt, publish, amend, and rescind regulations con- sistent with and necessary for the civil rights enforcement pro- visions of this chapter. H. To receive, administer, dis- pense, and account for any re- stricted funds that may be volun- tarily contributed to the commis- sion and any grants that may be awarded the commission for fur- thering the purposes of this title. No disbursements will be made of any restricted funds without authority from the city council. Section 2. This ordinance shall take effect upon publication. Passed, approved, and adopted this 4th day of October 2021. s/Roy D. Buol, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 8th day of October 2021. /s/Adrienne N. Breitfelder, City Clerk 2. Kennedy Road Water Main Extension Project 2021 Award Resolution: City Manager requested City Council adoption of a resolution which gives authorization to award the con- struction contract for the Kennedy Road Water Main Extension Project 2021 to Drew Cook and Sons Excavating in the amount of $752,852.00. Motion by Cavanagh to receive and file the doc- uments and adopt Resolution No. 345-21 Awarding Public Improvement Contract for the Kennedy Road Water Main Extension 2021 Project. Seconded by Sprank. Motion carried 7- 0. RESOLUTION NO. 345-21 AWARDING PUBLIC IMPROVEMENT CON- TRACT FOR THE KENNEDY ROAD WATER MAIN EXTENSION 2021 PROJECT Whereas, sealed proposals have been sub- mitted by contractors for the Kennedy Road Water Main Extension 2021 Project (the Pro- ject) pursuant to Resolution No. 307-21 and No- tice to Bidders published on the City of Dubu- que Website and posted to the Construction Update Network www.mbionline.com on the 10th day of September 2021; and Whereas, said sealed proposals were opened and read on the 28th day of September 2021, and it has been determined that Drew Cook and Sons Excavating of Dubuque, Iowa, with a bid in the amount of $752,852.00, is the lowest responsive, responsible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That a Public Improvement Contract for the Project is hereby awarded to Drew Cook and Sons Excavating, and the City Manager is hereby directed to execute a Public Improve- ment Contract on behalf of the City of Dubuque for the Project. Passed, approved and adopted this 4th day of October 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 3. U.S. Department of Housing and Urban Development (HUD) Older Adult Home Modifi- cation Program Grant Agreement: City Man- ager recommended authorization of an agree- ment with the U.S. Department of Housing and Urban Development (HUD) for the use of $1,000,000 to administer an Older Adult Home Modification Program Grant to help an aging population age in place or stay in their homes as they/age. Motion by Roussell to receive and file the documents and adopt Resolution No. 346-21 Authorizing the City Manager or his de- signee to execute an Agreement and any fur- ther documents required for the execution of the HUD Older Adult Home Modification Pro- gram Grant Award of $1,000,000. Seconded by Farber. Responding to questions from the City Council, Housing and Community Development Director Alexis Steger stated that rental units do not qualify for the program and that the program has city-wide eligibility. City Council members expressed support for the program and stated their interest in identifying additional programs or volunteer opportunities to further assist the elderly population. Motion carried 7-0. RESOLUTION NO. 346-21 AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN AGREEMENT AND ANY FURTHER DOCUMENTS RE- QUIRED FOR THE EXECUTION OF THE HUD OLDER ADULT HOME MODIFICATION PRO- GRAM GRANT AWARD OF $1,000,000 Whereas, the U.S. Department of Housing and Urban Development has published a No- tice of Funding Availability (NOFA) for the Older Book 151 Regular Session, October 4, 2021 403 Adult Home Modification Program Grant; and Whereas, the City of Dubuque applied for the grant opportunity in May 2021 in the amount of $1,000,000; and Whereas, the U.S. Department of Housing and Urban Development awarded $1,000,000 to the City of Dubuque to administer the Older Adult Home Modification Program, and entered into negotiations for an agreement; and Whereas, the City of Dubuque proposes ac- ceptance of the Older Adult Home Modification Program Grant funding from the U.S. Depart- ment of Housing and Urban Development to as- sist approximately 230 residents safely age in place. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE IOWA: Section 1: That the City Manager and the Housing and Community Development Director are hereby authorized accept the $1,000,000 Older Adult Home Modification Program Grant funds and approve the agreement with the U.S. Department of Housing and Urban Develop- ment; and Section 2: That the City Manager and the Housing and Community Development Director are hereby authorized and directed to execute any further documents to ensure the grant pro- gram regulations stipulated in the agreement are met. Passed, approved, and adopted this 4th day of October 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk COUNCIL MEMBER REPORTS Council Member Roussell reported on receiving her Certified Elected Municipal Official Certificate through the Iowa League of Cities. Council Member Jones reported on the city primary election scheduled for October 5, 2021 and encouraged residents to vote. Council Member Sprank thanked the Multicultural Family Center (MFC) for host- ing the Dubuque Latinx Fiesta on October 2, 2021. There being no further business, Mayor Buol declared the meeting adjourned at 7:39 p.m. /s/Adrienne N. Breitfelder, City Clerk 404 Regular Session, October 18, 2021 Book 151 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on October 18, 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 Attor- ney 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. Lights on After School Day (October 28, 2021) was accepted by Beth McGorry on behalf of St. Mark Youth Enrichment. 2. Boards and Commissions Recognition Day (October 18, 2021) was accepted by City Clerk Adrienne Breitfelder on behalf of the City Clerk's Office. 3. Gentleman Day (October 19, 2021) was accepted by Bethany Jacoby on behalf of Way - point Services. 4. Trick -or -Treat Night (October 31, 2021) was accepted by Mayor Buol on behalf of the City of Dubuque. CONSENT ITEMS Motion by Resnick to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Farber. Motion carried 7-0. 1. Minutes and Reports Submitted: City Council Proceedings of 10/4; Zoning Advisory Commission of 10/6; Zoning Board of Adjust- ment of 9/23; Proof of Publication for City Coun- cil Proceedings of 9/7 and 9/20; Proof of Publi- cation for List of Claims and Summary of Reve- nues for Month Ended 8/31. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: Jennifer Ney for personal injury; Michelle Spear for vehicle damage; Mary Summers for property damage. Upon motion the documents were received, filed, and referred to the City Attorney. 3. Disposition of Claims: City Attorney ad- vised that the following claims have been re- ferred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Jennifer Ney for personal injury; Michelle Spear for vehicle damage; Mary Summers for property damage. Upon motion the documents were received, filed, and concurred. 4. Approval of City Expenditures: City Man- ager recommended City Council approval for payment of City expenditures. Upon motion the documents were received and filed, and Reso- lution No. 347-21 Authorizing the Director of Fi- nance and Budget/City Treasurer to make cer- tain payments of bills that must be paid and ap- proved for payment in accordance with City pro- cedures was adopted. RESOLUTION NO. 347-21 AUTHORIZING THE DIRECTOR OF FI- NANCE AND BUDGET / CITY TREASURER TO MAKE CERTAIN PAYMENTS OF BILLS THAT MUST BE PAID AND APPROVED FOR PAYMENT IN ACCORDANCE WITH CITY PROCEDURES 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 De- partment personnel in accordance with gener- ally accepted internal control procedures and have been determined to have been requisi- tioned for a lawful municipal purpose; and Whereas, the Finance Director -City Treas- urer 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 pay- ment of certain expenditures known as Excep- tion 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 Treas- urer is hereby authorized to issue payment for goods and services provided for City purposes in response to the purchase orders and con- tracts issued in compliance with state and mu- nicipal code requirements as requested by des- ignated requisitioning authorities in accordance Book 151 Regular Session, October 18, 2021 405 with approved budget appropriations. Section 2. In accordance with Iowa Code Section 372.13(6), the City Clerk and Finance Director are hereby authorized and directed to provide the statement of receipts and disburse- ments to the City Council, and to publish a sum- mary thereof. Passed, approved, and adopted this 18th day of October 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 5. Fiscal Year 2021 State of Iowa Annual Fi- nancial Report: City Manager recommended approval to file the Fiscal Year 2021 State of Iowa Annual Financial Report with the State of Iowa Auditor. Upon motion the documents were received, filed, and approved. 6. Final Plat of Rolling Hills Farm No. 2: Zon- ing Advisory Commission recommended ap- proval of the Final Plat of Rolling Hills Farm No. 2 subject to waiving the lot frontage require- ment for Lot 1. Upon motion the documents were received and filed, and Resolution No. 348-21 Approving the Final Plat of Rolling Hills Farm Subdivision Plat 2, Dubuque County, Iowa was adopted. RESOLUTION NO. 348-21 APPROVING THE FINAL PLAT OF ROLLING HILLS FARM SUBDIVISION PLAT 2, DUBU- QUE COUNTY, IOWA Whereas, there has been filed with the City Clerk a Final Plat of Rolling Hills Farm Subdivi- sion Plat 2, Dubuque County, Iowa that is within the City's 2-mile extraterritorial jurisdiction; and Whereas, said Final Plat has been exam- ined by the Zoning Advisory Commission and its approval has been endorsed thereon; and Whereas, said Final Plat has been exam- ined by the City Council and they find that it con- forms to the statues and ordinances relating thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the Final Plat of Rolling Hills Farm Subdivision Plat 2, Dubuque County, Iowa is hereby approved, and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said Final Plat of Survey. Passed, approved, and adopted this 18"' day of October 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 7. Final Plat of Stone Quarry Subdivision Plat 4: Zoning Advisory Commission recom- mended approval of the Final Plat of Stone Quarry Subdivision Plat 4 subject to waiving the street frontage requirements for both lots. Upon motion the documents were received and filed, and Resolution No. 349-21 Approving the Final Plat of Stone Quarry Subdivision Plat 4, Dubu- que County, Iowa was adopted. RESOLUTION NO. 349-21 APPROVING THE FINAL PLAT OF STONE QUARRY SUBDIVISION PLAT 4, DUBUQUE COUNTY, IOWA Whereas, there has been filed with the City Clerk a Final Plat of Stone Quarry Subdivision Plat 4, Dubuque County, Iowa that is within the City's 2-mile extraterritorial jurisdiction; and Whereas, said Final Plat has been exam- ined by the Zoning Advisory Commission and its approval has been endorsed thereon; and Whereas, said Final Plat has been exam- ined by the City Council and they find that it con- forms to the statues and ordinances relating thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the Final Plat of Stone Quarry Subdivision Plat 4, Dubuque County, Iowa is hereby approved, and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said Final Plat of Survey. Passed, approved, and adopted this 18"' day of October 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 8. Pre -Annexation Agreement - LTD Ranch, LLC, Laura M. DeMaio: City Manager recom- mended approval of a Pre -Annexation Agree- ment with LTD Ranch, LLC, Laura M. DeMaio, property owner, for property located at 10338 Key West Drive in Dubuque County, in conjunc- tion with their request to connect to City water. Upon motion the documents were received and filed, and Resolution No. 350-21 Approving a Pre -Annexation Agreement between the City of Dubuque, Iowa and LTD Ranch, LLC, Laura M. Demaio was adopted. RESOLUTION NO. 350-21 APPROVING A PRE -ANNEXATION AGREE- MENT BETWEEN THE CITY OF DUBUQUE, IOWA AND LTD RANCH, LLC, LAURA M. DEMAIO Whereas, LTD Ranch, LLC, Laura M. DeMaio, the owner of the following described property located at 10338 Key West Drive in Dubuque County, Iowa (the Property) have submitted to the City Council of the city of Dubu- que an application for voluntary annexation of the Property to the City of Dubuque: Lot 1 of Feedstore Place, Dubuque County, Iowa, according to the Plat rec- orded as Instrument #2017-14823, rec- ords of Dubuque County, Iowa; and 406 Regular Session, October 18, 2021 Book 151 Whereas, LTD Ranch, LLC, Laura M. DeMaio 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 author- izes 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 or- derly 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 an- nexation of the Property is in the public interest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The Pre -annexation Agreement by and between LTD Ranch, LLC, Laura M. DeMaio, and the City of Dubuque is hereby ap- proved. Passed, approved, and adopted this 18"' day of October 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 9. Pre -Annexation Agreement - Isidore and Dayna Haverland: City Manager recommended approval of a Pre -Annexation Agreement with Isidore and Dayna Haverland, property owners, for property located at 8315 Hidden Valley Road in Dubuque County, as part of approving the Final Plat. Upon motion the documents were received and filed, and Resolution No. 351-21 Approving a Pre -Annexation Agreement between the City of Dubuque, Iowa and Isidore and Dayna Haverland was adopted. RESOLUTION NO. 351-21 APPROVING A PRE -ANNEXATION AGREE- MENT BETWEEN THE CITY OF DUBUQUE, IOWA AND ISIDORE AND DAYNA HAVER - LAND Whereas, Isidore and Dayna Haverland, the owner of the following described property lo- cated at 8315 Hidden Valley Road in Dubuque County, Iowa (the Property) have submitted to the City Council of the city of Dubuque an appli- cation for voluntary annexation of the Property to the City of Dubuque: Lot 15 of Spring Valley Heights Subdivi- sion No. 1 in Section Twenty -Four (24), Township Eighty -Eight North (T88N), Range Two East (R2E) of the Fifth Princi- pal Meridian Dubuque County, Iowa; and Whereas, Isidore and Dayna Haverland 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 author- izes 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 or- derly 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 an- nexation of the Property is in the public interest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The Pre -annexation Agreement by and between Isidore and Dayna Haverland and the City of Dubuque is hereby approved. Passed, approved, and adopted this 18"' day of October 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 10. City of Sageville Notice of Application for Annexation: Correspondence from the City of Sageville, Iowa regarding a public hearing scheduled for November 1, 2021, on an appli- cation for annexation. Upon motion the docu- ments were received, filed, and referred to the City Manager. 11. Esri Article on the City of Dubuque's use of Geographic Information System (GIS) for Broadband Investment: City Manager transmit- ted an article from Esri on the City of Dubuque's use of Geographic Information System (GIS) for broadband investment. Upon motion the docu- ments were received and filed. 12. Acceptance of Public Improvements for South Heacock Road Cul-De-Sac from Walter Development, LLC: City Manager recom- mended acceptance of the public improve- ments that the developer, Walter Development, LLC, has recently completed on South Heacock Road in Dubuque Industrial Center West. Upon motion the documents were received and filed, and Resolution No. 352-21 Accepting Public Improvements on South Heacock Road, in the City of Dubuque, Iowa was adopted. Book 151 Regular Session, October 18, 2021 407 RESOLUTION NO. 352-21 ACCEPTING PUBLIC IMPROVEMENTS ON SOUTH HEACOCK ROAD, IN THE CITY OF DUBUQUE, IOWA Whereas, pursuant to a development agreement with Walter Development, LLC dated April 6, 2020, certain public improve- ments including street paving with longitudinal subdrain and concrete curb and gutter, acces- sible sidewalk ramps, concrete sidewalks, a paved cul-de-sac, storm sewers and catch ba- sins, street lighting, and fiber optic conduit were installed by the Walter Development, LLC on South Heacock Road; and Whereas, the public improvements have been completed and the City Manager has ex- amined the work and has filed a certificate stat- ing that the same has been completed in ac- cordance with the plans approved by the City and in conformance with City specifications and has recommended that the improvements be accepted by the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said public improvements on South Heacock Road, be and the same is hereby accepted. Section 2. Per the development agreement, the city assumes ownership and maintenance of the public improvements. Passed, approved, and adopted this 18th day of October 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 13. Dillon Street Drain Tile Project 2021: City Manager recommended acceptance of the construction contract for the Dillon Street Drain Tile Project 2021, as completed by Drew Cook and Sons Excavating Company, Inc., in the final contract amount of $59,756.48, which is an in- crease of 11.9% over the original contract amount of $53,377.50. Upon motion the docu- ments were received and filed, and Resolution No. 353-21 Accepting the Dillon Street Drain Tile Project 2021 and authorizing the payment to the contractor was adopted. RESOLUTION NO. 353-21 ACCEPTING THE DILLON STREET DRAIN TILE PROJECT 2021 AND AUTHORIZING THE PAYMENT TO THE CONTRACTOR Whereas, the public improvement contract for the Dillon Street Drain Tile Project 2021, (the Project) has been completed by the Contractor, Drew Cook and Sons Excavating Company, Inc. (Contractor), the City Engineer has exam- ined the work and recommends that the Project be accepted; and Whereas, the final contract amount for the Project is $59,756.48; and Whereas, the Contractor has previously been paid $56,768.66, leaving a balance of $2,987.82; and Whereas, the City Council finds that the rec- ommendation 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 $2,987.82 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 18t' day of October 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF THE DILLON STREET DRAIN TILE PROJECT 2021 The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the Dillon Street Drain Tile Project 2021 has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $68,719.95. Dated this 8t" day of October 2021. /s/Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 8th day of October 2021. /s/Adrienne N. Breitfelder, City Clerk 14. Application for Redevelopment Subre- cipient Planning Grant at 3400 Jackson Street: City Manager recommended approval to apply for a Brownfields Planning Grant from East Central Intergovernmental Association (ECIA) in order to create a vision for the former Flexsteel Industries site at 3400 Jackson Street. Upon motion the documents were re- ceived, filed, and approved. 15. First Amendment to Development Agreement between the City of Dubuque, Iowa and Three Amigos, LLC for a Project at 898 Jackson Street: City Manager recommended approval of the First Amendment to Develop- ment Agreement between the City of Dubuque, Iowa and Three Amigos, LLC for the rehabilita- tion of property at 898 Jackson Street. Upon motion the documents were received and filed, and Resolution No. 354-21 Approving the First Amendment to Development Agreement be- tween the City of Dubuque, Iowa and Three Amigos, LLC was adopted. 408 Regular Session, October 18, 2021 Book 151 RESOLUTION NO. 354-21 APPROVING THE FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND THREE AMIGOS, LLC Whereas, the City of Dubuque and Three Amigos, LLC, a Wisconsin limited liability com- pany entered into that certain Development Agreement dated April 15, 2019, with respect to the matters specified therein or the property at 898 Jackson Street in the City of Dubuque, Iowa; and Whereas, the parties desire to modify the Development Agreement as set out in the First Amendment to Development Agreement at- tached hereto; and Whereas, the City Council finds that it is in the best interests of the City of Dubuque to ap- prove the First Amendment to Development Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA AS FOLLOWS: Section 1. The First Amendment to Devel- opment Agreement is hereby approved. Passed, approved, and adopted this 18th day of October 2020. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 16. Acceptance of Warranty Deed from Hendricks Feed and Seed Co., Inc. Property: City Manager recommended approval of a Res- olution accepting the Warranty Deed for 880 and 898 Central Avenue from Hendricks Feed and Seed Co., Inc. Upon motion the documents were received and filed, and Resolution No. 355-21 Accepting the Deed to Real Estate owned by Hendricks Feed and Seed Co., Inc. in Dubuque County, Iowa was adopted. RESOLUTION NO. 355-21 ACCEPTING THE DEED TO REAL ESTATE OWNED BY HENDRICKS FEED and SEED CO., INC. IN DUBUQUE COUNTY, IOWA Whereas, Hendricks Feed and Seed Co., Inc. was the owner of the following real property (the Real Estate): City Lot 279, 280, 280A, 281, 282, 326, 327, 328 and the North 26.2 feet of City Lot 325, according to the United States Commissioners Map of the Town of Dubuque, Iowa; and Whereas, the City of Dubuque entered into an Offer to Buy Real Estate and Acceptance to purchase the Real Estate from Hendricks Feed and Seed Co., Inc., subject to the approval by the City Council; and Whereas, the City Council approved the Of- fer to Buy Real Estate and Acceptance; and Whereas, all the terms and conditions of the Offer to Buy Real Estate and Acceptance have been completed and Hendricks Feed and Seed Co., Inc. has delivered a Warranty Deed to the City for the Real Estate, a copy of which is at- tached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council hereby accepts the Warranty Deed to the Real Estate from Hen- dricks Feed and Seed Co., Inc. Passed, approved, and adopted this 181h day of October 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 17. Fiscal Year 2022 Contracted Service Agreement: Four Mounds HEART: City Man- ager recommended approval of a contracted services agreement for Fiscal Year 2022 with Four Mounds HEART for $10,000 to provide hands-on training and education for youth per- forming housing rehabilitation services, particu- larly in low -moderate income areas, or for low - moderate income housing. Upon motion the documents were received and filed, and Reso- lution No. 356-21 Authorizing Execution of FY22 Contracted Services Agreement with Four Mounds Heart Program was adopted. RESOLUTION NO. 356-21 AUTHORIZING EXECUTION OF FY22 CON- TRACTED SERVICES AGREEMENT WITH FOUR MOUNDS HEART PROGRAM Whereas, the City of Dubuque (City) and Four Mounds HEART Program (Agency) desire to enter into an agreement where the Agency provides youth education and hands-on training while promoting neighborhood revitalization and earning a high school diploma; and Whereas, the Agency is willing to provide such services to City upon the terms and con- ditions set forth within the agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Contracted Services Agreement with Four Mounds HEART Program be approved. Section 2. That the Mayor of the City of Dubuque is hereby authorized and directed to execute said Agreement and related docu- ments on behalf of the City of Dubuque, Iowa. Passed, approved, and adopted this 18"' day of October 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 18. U.S. Department of Housing and Urban Development (HUD) Continuum of Care Pro- gram Renewal Application — Fiscal Year 2023: City Manager recommended approval to submit a renewal pre -application to the Iowa Balance of State and then a renewal application to the Book 151 Regular Session, October 18, 2021 409 U.S. Department of Housing and Urban Devel- opment (HUD) for the Continuum of Care Spe- cial Needs Assistance Program (CoC SNAP) grant for Fiscal Year 2023. Upon motion the documents were received and filed, and Reso- lution No. 357-21 Authorizing the Mayor to exe- cute an application for the Continuum of Care Grant and authorizing the Director of Housing and Community Development and the City Manager to approve the application was adopted. RESOLUTION NO. 357-21 AUTHORIZING THE MAYOR TO EXECUTE AN APPLICATION FOR THE CONTINUUM OF CARE GRANT AND AUTHORIZING THE DIRECTOR OF HOUSING AND COMMUNITY DEVELOPMENT AND THE CITY MANAGER TO APPROVE THE APPLICATION Whereas, the U.S. Department of Housing and Urban Development has published the availability of the Continuum of Care grant for the Collaborative Applicants including the Iowa Balance of the Continuum of Care; and Whereas, the U.S. Department of Housing and Urban Development will publish the availa- bility of the Continuum of Care grant for the Pro- ject Applicants including the City of Dubuque Phoenix housing Project; and Whereas, the City of Dubuque has adminis- tered the Continuum of Care grant since 2007; and Whereas, the City of Dubuque proposes to continue administering the Continuum of Care grant to assist homeless, disable persons with permanent supportive housing. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: Section 1. That the Mayor is hereby author- ized and directed to submit a pre -application to the Iowa the Balance of State and an applica- tion to HUD for the Continuum of Care program grant. Section 2 That the Director of Housing and Community Development and the City Manager are hereby authorized to approve the pre -appli- cation and application that is submitted to the Iowa Balance of State and HUD. Section 3. That the City Manager is hereby authorized and directed to forward said applica- tion and resulting standard executed contract to the respective agency in a timely fashion and as required by U.S. Department of Housing and Urban Development. Passed, approved, and adopted this 18"' day of October 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 19. Letter of Support for University of Dubu- que's Fulbright Scholar -in -Residence Proposal: City Manager provided a copy of a letter of sup- port on behalf of the City of Dubuque in support of the University of Dubuque's Fulbright Scholar -In -Residence (S-1-R) proposal. Upon motion the documents were received and filed. 20. Alcohol and Tobacco License Applica- tions: City Manager recommended approval of annual liquor, beer, wine, and tobacco license applications as submitted. Upon motion the documents were received and filed, and Reso- lution No. 358-21 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 Licenses and Permits; and Resolution No. 359- 21 Approving applications for retail cigarette/to- bacco sales/nicotine/vapor permits, as required by Iowa Code Chapter 453A.47A were adopted. RESOLUTION NO. 358-21 APPROVING APPLICATIONS FOR BEER, LIQUOR, AND/OR WINE PERMITS, AS RE- QUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LI- CENSE REGULATIONS, CHAPTER 2 LIQ- UOR CONTROL, ARTICLE B LIQUOR, 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, provisionally approved, and/or approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City, and the applicants have filed the proper fees and bonds and otherwise complied with the requirements 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 author- ized and directed to cause to be issued the noted permit types to the following applicants pending submission of the locally required doc- umentation: Renewals Carlos O'Kelly's Mexican Cafe, 1355 Associ- ates Dr. Europa Haus Restaurant and Bierstube, 1301 Rhomberg Ave. Fiesta Cancun Authentic Mexican Restaurant, 2515-1 NW Arterial Huhot Mongolian Grill, 555 John F. Kennedy Rd. #685 Jumpers Sports Bar and Grill, 2600 Dodge St. Suite C Kwik Stop 858, 3340 John F. Kennedy Rd. 410 Regular Session, October 18, 2021 Book 151 Loras College - Athletic and Wellness Center, 1600 Loras College Parkway Oolong Asia Cuisine, 145 W. 111h St. Passed, approved, and adopted this 18th day of October 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk RESOLUTION NO. 359-21 APPROVING APPLICATIONS FOR RETAIL CIGARETTE / TOBACCO SALES / NICOTINE / VAPOR PERMITS, AS REQUIRED BY IOWA CODE 453A.47A Whereas, applications for Cigarette/To- bacco Sales 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 other- wise 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 author- ized and directed to cause to be issued the fol- lowing named applicants and locations for cig- arette/tobacco sales permit. Business Name, Business Address PitStop CarryOut, 1735 Central Ave. Passed, approved, and adopted this 18th day of October 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 Sprank. Motion carried 7-0. 1. Second Amendment to Lease Agreement Between the City of Dubuque and Iowa Grey- hound Association: City Manager recom- mended the City Council set a public hearing for November 1, 2021, to approve the Second Amendment to Lease Agreement between the City of Dubuque and Iowa Greyhound Associa- tion that modifies the end date of the lease from December 31, 2025, to July 31, 2022. Upon mo- tion the documents were received and filed and Resolution No. 360-21 Intent to dispose of an interest in real property by Second Amendment to Lease Agreement with Iowa Greyhound As- sociation was adopted, setting a public hearing for a meeting to commence at 6:30 p.m. on No- vember 1, 2021, in the Historic Federal Build- ing. RESOLUTION NO. 360-21 INTENT TO DISPOSE OF AN INTEREST IN REAL PROPERTY BY SECOND AMENDMENT TO LEASE AGREEMENT WITH IOWA GREYHOUND ASSOCIATION Whereas, the City of Dubuque, Iowa (City) owns certain property currently leased to the Iowa Greyhound Association; and Whereas, City and IGA desire to amend the existing Lease Agreement, as amended; and Whereas, the City Council of the City of Dubuque believes it is in the best interests of the City of Dubuque to approve the Second Amendment to the Lease Agreement. 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, intends to dispose of the City's interest in the foregoing -described real property pursuant to the Second Amendment to the Lease Agreement between City and Iowa Grey- hound Association, a copy of which is now on file at the Office of the City Clerk, City Hall, 131h and Central Ave., Dubuque, Iowa. Section 2. The City Clerk is hereby author- ized and directed to cause this Resolution and a Notice to be published as prescribed by Iowa Code § 364.7 of a public hearing on the City's intent to dispose of the foregoing -described real property, to be held on the 1 st day of November 2021, at 6:30 p.m. in the City Council Chambers at the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa Passed, approved, and adopted this 18th day of October 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 2. Setting a Public Hearing at a Special City Council Meeting on November 22, 2021, on a Proposed Development Agreement by and be- tween the City of Dubuque, and Setzer Proper- ties DBQ, LLC providing for the Sale of City - owned Real Estate to Setzer Properties DBQ, LLC Pursuant to the Development Agreement: City Manager recommended City Council set a public hearing at a special City Council meeting on November 22, 2021, on a proposed Devel- opment Agreement by and among the City of Dubuque and Setzer Properties DBQ, LLC providing for the sale of city -owned real estate to Setzer Properties DBQ, LLC. Upon motion the documents were received and filed and Resolution No. 361-21 (1) Approving the mini- mum requirements, competitive criteria, and of- fering procedures for the development and the sale of certain real property and improvements in The Dubuque Industrial Center West Urban Renewal District; (2) Determining that the offer to purchase submitted by Setzer Properties DBQ, LLC satisfies the offering requirements Book 151 Regular Session, October 18, 2021 411 with respect to the real property and improve- ments and declaring the intent of the City Coun- cil to approve the sale to Setzer Properties DBQ, LLC in the event that no competing pro- posals are submitted; and (3) Soliciting compet- ing proposals was adopted setting a public hearing for a special meeting to commence at 6:30 p.m. on November 22, 2021 in the Historic Federal Building. OFFICIAL NOTICE RESOLUTION NO. 361-21 (1) APPROVING THE MINIMUM REQUIRE- MENTS, COMPETITIVE CRITERIA, AND OF- FERING PROCEDURES FOR THE DEVEL- OPMENT AND THE SALE OF CERTAIN REAL PROPERTY AND IMPROVEMENTS IN THE DUBUQUE INDUSTRIAL CENTER WEST URBAN RENEWAL DISTRICT; (2) DE- TERMINING THAT THE OFFER TO PUR- CHASE SUBMITTED BY SETZER PROPER- TIES DBQ, LLC SATISFIES THE OFFERING REQUIREMENTS WITH RESPECT TO THE REAL PROPERTY AND IMPROVEMENTS AND DECLARING THE INTENT OF THE CITY COUNCIL TO APPROVE THE SALE TO SET- ZER PROPERTIES DBQ, LLC IN THE EVENT THAT NO COMPETING PROPOSALS ARE SUBMITTED; AND (3) SOLICITING COMPET- ING PROPOSALS Whereas, the City Council of Dubuque, Iowa, did on September 20, 2021, adopt an Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center West Urban Renewal District ("the Plan") for the Urban Re- newal Area described therein; and Whereas, the Plan provides, among other things, for the disposition of properties for pri- vate development purposes as a proposed eco- nomic development action; and Whereas, Setzer Properties DBQ, LLC ("Developer") has submitted to the City a pro- posal in the form of an offer to purchase (the "Development Agreement") for the purchase of certain City -owned real property hereinafter de- scribed ("the Property"), which Development Agreement proposes the Developer will under- take the construction of a building to be located north of Innovation Drive in the City of Dubuque, Iowa, as described therein, which Property is the real estate consisting of approximately 34.265 acres shown on Exhibit A, and which Development Agreement requests that this Property be made available for sale as rapidly as possible; and Whereas, to establish reasonably competi- tive bidding procedures for the disposition of the Property in accordance with the statutory re- quirements of Iowa Code Chapter 403, specifi- cally, Section 403.8, and to assure that the City extends a full and fair opportunity to all devel- opers interested in submitting a proposal, a summary of submission requirements and min- imum requirements and competitive criteria for the Property offering is included herein; and Whereas, said Developer has signed a De- velopment Agreement with the City, currently on file at the Office of the City Clerk; and Whereas, to recognize both the firm pro- posal for sale of the Property and improve- ments already received by the City in the form of the Development Agreement, as described above, and to give full and fair opportunity to other developers interested in submitting a pro- posal for the sale and development of the Prop- erty, this Council should by this Resolution: 1) Set the fair market value of the Property for uses in accordance with the Plan; 2) Approve the minimum requirements and competitive criteria included herein; 3) Approve as to form the Development Agreement; 4) Set a date for receipt of competing pro- posals and the opening thereof; 5) Declare that the proposal submitted by Developer satisfies the minimum require- ments of the offering, and that in the event no other qualified proposal is timely submit- ted, that the City Council intends to accept such proposal and authorize the City Man- ager to sign the Development Agreement; 6) Approve and direct publication of a no- tice to advise any other person of the oppor- tunity to compete for sale of the Property on the terms and conditions set forth herein; and 7) Declare that in the event another quali- fied proposal is timely submitted and ac- cepted, another and future notice will be published on the intent of the City to enter into the resulting contract, as required by law; and Whereas, the City Council believes it is in the best interest of the City and the Plan to act as expeditiously as possible to sell the Property as set forth herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Property shown on Ex- hibit A shall be offered for sale in accordance with the terms and conditions contained in this Resolution. Section 2. That it is hereby determined that to qualify for consideration for selection, any person must submit a proposal which meets these minimum requirements: 1) Contains an agreement to purchase the Property, shown on Exhibit A, at not less than fair market value, which for the pur- poses of this resolution is hereby deter- mined to be $5,139,750.00 and $4838.00 for required easements for a total purchase price of $5,144,588.00; 2) States the number of square feet of 412 Regular Session, October 18, 2021 Book 151 commercial/industrial space that will be cre- ated in the proposal's project; 3) Sets out or provides to the satisfaction of the City Council the experience of the principals and key staff who are directly en- gaged in the performance of contract obli- gations in carrying out projects of similar scale and character; and 4) Meets, at a minimum, the terms and conditions of the Development Agreement submitted by the Developer including an agreement to construct not less than Two Hundred Fifteen Thousand (215,000) square feet of floor space along with the necessary site work, machinery, and equip- ment at an estimated cost of approximately Twenty -Two Million Five Hundred Thou- sand Dollars ($22,500,000); (1) Developer shall construct at its sole expense the sanitary sewer as gen- erally shown on Development Agree- ment Exhibit I; (2) Developer shall install at its sole expense a 16" water main as generally shown on Development Agreement Ex- hibit K; (3) Developer shall grant to City a right of way and public utility easement over the cul-de-sac area as shown on Devel- opment Agreement Exhibit J; (4) Developer shall provide for the lease of the property to a tenant with 135 full-time employees as of the date of the Agreement and with the intent to create at least ten (10) full-time employees in the City of Dubuque, Iowa, by not later than January 1, 2024. Section 3. That the Development Agree- ment by and between the City and the Devel- oper be and is hereby approved as to form for the purposes hereinafter stated. Section 4. That for the purpose of defining the offering of the Property for sale, said Devel- opment Agreement shall be deemed to be illus- trative of the terms acceptable to the City with respect to: 1) Timely completion of the construction project; 2) Construction of minimum improvements; 3) Developer and City obligations; and 4) General terms and conditions. Section 5. That the Development Agree- ment submitted by the Developer satisfies the requirements of this offering and, if no other qualified proposals are timely submitted, that the City Council intends to accept and approve the Development Agreement. Section 6. That it is hereby determined that the Developer possesses the qualifications, fi- nancial resources, and legal ability necessary to purchase the Property shown on Exhibit A and to construct, manage and operate the site in the manner proposed by this offering in ac- cordance with the Plan. Book 151 Regular Session, October 18, 2021 413 Section 7. That the City Clerk shall receive and retain for public examination the attached Development Agreement submitted by the De- veloper and, in the event no other qualified pro- posals are timely submitted, shall resubmit the Development Agreement to the City Council for final approval and execution upon expiration of the notice hereinafter prescribed. Section 8. That the action of the City Council be considered to be and does hereby constitute notice to all concerned of the intention of this Council, in the event that no other qualified pro- posals are timely submitted, to accept the pro- posal of the Developer to purchase the Property shown on Exhibit A and to approve the Devel- opment Agreement by and between City and Developer. Section 9. That the official notice of this of- fering and of the intent of the City, in the event no other qualified proposals are timely submit- ted, to approve the Development Agreement, shall be a true copy of this Resolution, but with- out the attachments referred to herein. Section 10. That the City Clerk is authorized and directed to secure immediate publication of said official notice in the Telegraph Herald, a newspaper having a general circulation in the community, by publication of the text of this Resolution on or before the 22"d day of October 2021. Section 11. That written proposals for the sale of the Property shown on Exhibit A will be received by the City Clerk at or before 10:00 a.m., November 22, 2021, in the Office of the City Clerk, located on the first floor at City Hall, 50 West 13th Street, Dubuque, Iowa 52001. Each proposal will be opened at the hour of 10:00 a.m. in City Hall, Dubuque, Iowa on No- vember 22, 2021. Said proposals will then be presented to the City Council at 6:30 p.m., No- vember 22, 2021, at a meeting to be held in the City Council Chambers, Historic Federal Build- ing at 350 West 6ch Street, Dubuque, Iowa. Section 12. That the method of offering the Property for sale as set forth herein is in sub- stantial conformance with the provisions of Iowa Code Section 403.8, requiring reasonable competitive bidding procedures as are hereby prescribed and "fair value." Section 13. That the required documents for the submission of a proposal shall be in sub- stantial conformity with the provisions of this Resolution. Section 14. That the City Clerk is hereby nominated and appointed as the agent of the City of Dubuque, Iowa, to receive proposals for the sale of the Property on that date and ac- cording to the procedure hereinabove specified for receipt of such proposals and to proceed at such time to formally acknowledge receipt of each of such proposal by noting the receipt of same in the Minutes of the Council; that the City Manager is hereby authorized and directed to make preliminary analysis of each such pro- posal for compliance with the minimum require- ments established by this Council hereinabove. For each proposal that satisfies these require- ments, the City Council shall judge the strength of the proposal by the competitive criteria es- tablished hereinabove. The City Council shall then make the final evaluation and selection of the proposals. Section 15. If, and only if, competing pro- posals are received and determined by the Council to meet the minimum requirements de- scribed herein, the Developer shall be allowed to amend its proposal in response thereto and to deliver same to the City Manager, by no later than a date determined by the City Council. In such event, the Council shall schedule a subse- quent meeting to be held by the City Manager at which there shall be a bid -off conducted by the City Manager. During such bid -off, each competing bidder shall bid against the other, starting with the second proposal received and continuing until each bidder shall decline to im- prove its proposal to acquire and redevelop the Property shown on Exhibit A in response to the last bid of the other bidder or bidders. The pe- riod to be allowed for such bid -off shall be de- termined by the City Manager. The rules of such bid -off shall be as determined by the City Man- ager at or before such bid -off period and shall be absolute. Section 16. That in the event another quali- fied proposal is timely submitted and accepted by the City, another and further notice shall be published of the intent of the City of Dubuque, Iowa, to enter into the resulting agreement, as required by law. Passed, approved, and adopted this 18th day of October 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk BOARDS/COMMISSIONS 1. Applications were reviewed for the follow- ing Boards and Commissions. Applicants were invited to address the City Council regarding their desire to serve on the following Boards/Commissions. i. Civic Center Advisory Commission: One, 3-Year term through June 29, 2024 (Expired term of Parks) Applicant: Brenda Christner, 655 Florence St. ii. Civil Service Commission (MAYOR AP- POINTMENT): One, 4-Year term through April 6, 2025 (Expired term of White) Applicant: Dan- iel White, 2919 Elm St. This commission is sub- ject to the State of Iowa Gender Balance Law. 3 Commissioners total; currently 1 male/ 1 fe- male/ 1 opening 414 Regular Session, October 18, 2021 Book 151 iii. Investment Oversight Advisory Commis- sion: One, 3-Year term through July 1, 2024 (Vacant term of Becker) Applicant: Molly Valas- key, 1385 Alta Vista St. iv. Transit Advisory Board: One, 3-Year term through July 30, 2023 (Vacant term of Serna) One, 3-Year term through July 30, 2024 (Expired term of Esser) Applicants: Matthew P. Esser, 90 Main St.; Greg Orwoll, 2635 West 32"d St.; Blake Scharpf, 1319 Forest Ln. PUBLIC HEARINGS 1. Request to Amend the Westmark Planned Unit Development (PUD): Proof of publication on notice of public hearing to con- sider City Council approval to amend the West - mark Planned Unit Development (PUD) to allow drive -through pick-up windows for pharmacies for the property located at 4025 Westmark Drive, and Zoning Advisory Commission rec- ommended approval. Motion by Cavanagh to receive and file the documents and that the re- quirement that a proposed ordinance be con- sidered and voted on for passage at two Coun- cil meetings prior to the meeting at which it is to be passed be suspended. Seconded by Jones. Planning Services Manager Wally Wernimont provided a staff report. Responding to ques- tions from the City Council, Mr. Wernimont stated that PUD amendments only amend the properties specified in the legal description of the ordinance, and that the Engineering Depart- ment's traffic study concluded that no improve- ments are currently required. Motion carried 7- 0. Motion by Cavanagh for final consideration and passage of Ordinance No. 34-21 Amending Title 16 of the Unified Development Code of the City of Dubuque Code of Ordinances by re- scinding Ordinance 41-91 which provides regu- lations for a PUD Planned Unit Development District with a PC Planned Commercial Desig- nation for the Westmark Corporate Center and adopting amended PUD Ordinance to allow Drive -Through Pharmacies when associated with permitted principal and accessory uses. Seconded by Jones. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 34-21 AMENDING TITLE 16 OF THE UNIFIED DE- VELOPMENT CODE OF THE CITY OF DUBU- QUE CODE OF ORDINANCES BY RESCIND- ING ORDINANCE 41-91 WHICH PROVIDES REGULATIONS FOR A PUD PLANNED UNIT DEVELOPMENT DISTRICT WITH A PC PLANNED COMMERCIAL DESIGNATION FOR THE WESTMARK CORPORATE CEN- TER AND ADOPTING AMENDED PUD ORDI- NANCE TO ALLOW DRIVE -THROUGH PHARMACIES WHEN ASSOCIATED WITH PERMITTED PRINCIPAL AND ACCESSORY USES NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That Title 16 of the City of Dubu- que Code of Ordinances, Unified Development Code, is hereby amended by rescinding Ordi- nance 41-91 for the hereinafter described prop- erty which provides regulations for a Planned Unit Development District with a PC Planned Commercial District designation for Westmark Corporate Center, and now being amended to allow drive -through pharmacies when associ- ated with permitted principal and accessory uses, to wit: Lot 1 Westmark, Lot 1-2 Westmark, Lot 1- 3 Westmark, Lot 2-3 Westmark, Lot 2 Westmark No. 2, Lot 1 Westmark No. 3, Lot 3 Westmark No 2, all in the City of Dubuque, Iowa. Section 2. Attached hereto and made a part of this ordinance is the original Conceptual De- velopment Plan and Landscape Plan, per Ordi- nance 41-91, for the Westmark Corporate Cen- ter PUD marked Exhibit A. It is recognized that minor shifts or modifications to the general plan layout may be necessary and compatible with the need to acquire workable street patterns, grades, and usable building sites. The general plan layout, including the relationship of land uses to the general plan framework and the de- velopment requirements shall be used as the implementation guide. Section 3. Westmark Corporate Center PUD Development Regulations A. Use Regulations: The following regula- tions shall apply to all uses made of land in the above -described PC Planned Commer- cial District: 1. Principal permitted uses: The following uses are permitted in the Westmark Cor- porate Center PUD: a. General Office b. Medical Office/Clinic c. Dental/Medical Lab d. Indoor Restaurant, within primary of- fice building only e. Drive -up automated Bank Teller f. Business Services, excluding janitorial services, carpet, and upholstery cleaning, painting, and decorating, sign painting, and swimming pool maintenance g. Banks/Savings and Loans/Credit Un- ions h. Office Supply i. Indoor Recreation Facilities j. Printing/Publishing k. Parking Structures I. Group Day Care Center 2. Accessory Uses: The accessory uses Book 151 Regular Session, October 18, 2021 415 shall be limited to any use customarily in- cidental and subordinate to the principal use. Outdoor storage shall not be permit- ted. 3. All operations and activities associated with permitted principal and accessory uses shall be conducted or maintained within completely enclosed buildings ex- cept: a. Off-street parking b. Employee recreation facilities c. Drive -up bank facilities d. Group day care center outdoor recre- ation space e. Open air restaurant seating f. Drive -through pharmacies B. Lot and Bulk Regulations - The develop- ment of land in the Westmark Corporate Center PUD shall be regulated as follows: 1. All structures shall be a minimum of thirty (30) feet from the front property line adjoining Pennsylvania Avenue, a mini- mum of twenty (20) feet from the front property line adjoining the right-of-way easement which adjoins the Northwest Ar- terial and a minimum of twenty (20) feet from the front property lines adjoining any interior street. 2. No building or structure built north of a line drawn along the east -west interior street, as shown on the conceptual devel- opment plan map, and extending directly eastward to the property line shall exceed forty (40) feet in height; no building or structure on the remainder of the property shall exceed sixty (60) feet in height. C. Parking Requirements 1. The off-street parking requirements for the principal permitted uses allowed in the herein described PC Planned Commercial District shall be one (1) space for each three hundred fifty (350) square feet of floor area, with the exception of any public restaurant, which will provide one (1) space for every four (4) permanent seats plus one (1) space for each employee on the maximum shift. Floor area will not in- clude underground parking structures. 2. The construction of off-street parking spaces may be phased in proportion to the percentage of total building floor area constructed at any one time. Ground area set aside for future parking, or driveways or for parking provided in excess of the minimum required number of parking spaces shall not reduce the minimum re- quired area for open space. 3. All parking, maneuvering and driveway areas shall be surfaced with a minimum of either an eight (8) inch rolled stone base and two and one-half (2-1/2) inch asphal- tic concrete mat or a six (6) inch Portland cement concrete pavement. Proper drain- age of storm water shall be provided. All parking spaces shall be delineated on the surfacing material by painted stripes or other permanent means. Widths and length of parking spaces. shall be gov- erned by applicable provisions of City of Dubuque ordinances enforced at the time of development of the lot. 4. The number, size, design, and location of parking spaces designated for handi- capped (minimum 2% of total) and com- pact car parking (maximum 30% of total) shall be according to local, state, or fed- eral requirements in effect at the time of development. 5. The location of driveway intersections with public streets shall be established by the City of Dubuque. 6. No on -street maneuvering of service vehicles for the purpose of loading or un- loading will be allowed on any public street or cul- de -sac. D. Pedestrian Area 1. Permanent hard surfaced walkways shall be installed and maintained for the purposes of pedestrian movement be- tween all parking areas and functioning entrances and exits of the buildings. 2. These interior walkways shall connect office park campus buildings throughout the development site as per a Pedestrian Access Plan required as part of the sub- mission of the final site development plan. E. Site Lighting 1. Exterior illumination of the site shall be limited to the illumination of: a. Parking areas and driveways b. Pedestrian walkway surfaces and entrances to building c. Building exterior 2. All exterior lighting shall be designed, installed, and maintained so as not to cause direct glare or to shine into adjacent lots and streets. No light source shall pro- vide illumination onto adjacent lots, build- ings, or streets in excess of six -tenths (0.6) foot candle. All exterior lighting lumi- naires shall be designed and installed to shield light from the luminaire at angles above seventy-two (72) degrees from ver- tical. 3. Fixtures mounted on a building shall not be positioned higher than the roof line of the building. 4. Post or pole mounted free-standing fix- tures shall not be higher than thirty (30) feet above the ground. F. Utility Location 1. All electrical, telephone, television ca- ble, and other similar utility lines serving buildings and other site features shall be located underground. 416 Regular Session, October 18, 2021 Book 151 2. All free-standing electrical transform- ers, switching gear, relay boxes, meters, air conditioning units, heat pumps, and other similar mechanical equipment shall be located in positions which are shielded from view from adjoining public streets. Constructed fencing or walls and plant materials may be used to visually screen such mechanical equipment. G. Trash Collection Areas 1. All trash collection areas shall be visu- ally screened from view. The screening shall be a completely opaque fence, wall, or other feature not exceeding a height of ten feet measured from the ground level outside the line of the screen. Screen structures built on sloping grades shall be stepped, so that their top line shall be hor- izontal. Exposed materials used to con- struct the opaque screen shall be similar in appearance to materials used for exte- rior building walls. Colors of the screen shall match those of the building. All exte- rior entrances to a screened trash area shall be provided with a gate or door of similar design to that of the screen. Gates or doors facing a street frontage, or the Northwest Arterial shall be closed at all times other than when a vehicle or per- sonnel are using the entrance for access to and from the screened area. 2. If a ten (10) foot high screen fails to shield the exterior trash collection area from view from points inside or outside of the property, evergreen plantings may be required. Evergreen plant materials shall be selected and designed so that they will screen the area from all off- site visibility within five (5) years. In such cases, if initial plantings are of six (6) foot height or greater, the requirements for other opaque screening shall be omitted. H. Open Space Development/Landscaping 1. No less than thirty-five (35) percent of the total development site shall be maintained as open space. Open space shall be defined as that part of the site not devoted to buildings, structures, parking or loading areas, driveways, or any princi- pal or accessory uses. 2. A Landscape Plan for the entire de- velopment site shall be required as part of submission of the Final Site Development Plan. The Landscape Plan shall consist of landscaping standards for site design, plantings, and erosion control, as set forth in Attachment A of this ordinance. 3. In open space areas, the installation of required planting materials may be phased in direct proportion to the phasing of building construction. 4. Entry landscaping shall be installed adjoining Pennsylvania Avenue in accord- ance with the Landscape Plan. 5. The area between the paved public street and the right-of-way line shall be planted and maintained by the lot owner. 6. All parking areas shall be screened from public right-of-way in accordance with the Landscape Plan. 7. All exposed soil areas remaining af- ter the construction of building and vehicle related features shall be planted with a permanent ground cover to prevent ero- sion. All other disturbed land which is not under construction shall be seeded with appropriate temporary ground cover in or- der to reduce erosion, siltation, and dust. I. Storm Water Management 1. The area of watersheds after develop- ment shall remain the same as pre -devel- opment watersheds, or as directed by the Public Works Department of the City of Dubuque. 2. The developer of each lot shall be re- sponsible for providing surface or subsur- face conveyance(s) of storm water from the lot to existing storm sewers or to the flowline of open drainageways outside the lot in a means that is satisfactory to the Public Works Department of the City of Dubuque. J. Site Signage 1. The provisions of the City of Dubuque Unified Development Code apply to the construction and maintenance of signs, unless further regulated by this section. 2. No off -premise signs shall be allowed in this planned district. 3. On -Premise Signs a. Allowable content. Signs, messages, and graphics shall be limited to the following contents: 1) Development Sign Identification of this planned district Identification of up to three (3) pri- mary tenants 2) Primary Sign Identification of company name Identification of company products or services generic name only Street address Graphic symbol or logo identified with the company 3) Secondary Sign Directional messages necessary for the safe and efficient flow of vehic- ular and pedestrian traffic on the lot Identification of visitor entrances to the building, shipping, and receiv- ing docks, and other delivery points Identification of assigned parking Book 151 Regular Session, October 18, 2021 417 spaces and handicapped accessi- bility Temporary announcements of pend- ing or new construction Commemorative messages b. Maximum number of signs 1) The number of Development Signs shall not exceed two (2) at 100 square feet in area per sign or one (1) at 200 square feet in area for each street entrance to this planned district. 2) The number of Primary Signs shall not exceed two (2) for each building, only one (1) of which shall be free-standing unless otherwise restricted. 3) No maximum number of Second- ary Signs is established. c. Maximum area of sign panel 1) No Development Sign shall ex- ceed 200 square feet in area, or 100 square feet if two (2) signs/en- trance are used. 2) If a Primary Sign is building mounted, its total area shall not ex- ceed ten percent (10%) of wall par- allel and/or closest to street front- age, or forty (40) square feet, whichever is less; however, if a Pri- mary Sign is building mounted with the Northwest Arterial as the gov- erning street frontage, the maxi- mum area shall not exceed eighty (80) square feet. 3) If the Primary Sign is free-stand- ing, its maximum area shall not ex- ceed eighty (80) square feet un- less otherwise restricted; however, no free- standing Primary Sign shall be allowed along the North- west Arterial frontage. 4) No maximum cumulative area is established for Secondary Signs; however, no single permanent Secondary Sign shall exceed six (6) square feet in area. 5) The area of double-faced free- standing signs shall only count one face for area determination. d. Allowable structural types 1) Development Signs shall be free- standing only. 2) Primary and Secondary Signs may be mounted on exterior walls of buildings or may be free- stand- ing. No signs shall be mounted on roofs or above any eave or parapet of a building. All building mounted signs shall be flush mounted on the wall and no projections beyond one (1) foot shall be allowed. The determination of area of signs composed of separate elements shall be the area of a rectangle that completely encloses all such ele- ments and/or corporate identifica- tion devices. e. Sign locations on lots 1) Development Signs shall by lo- cated anywhere on the lot at any street entrance to the office park development; however, no sign shall be erected within the public right-of-way or 10' visibility triangle as required by Section 3.5 of the Unified Development Code of the City of Dubuque, Iowa. 2) Primary Signs may be located only in the area enclosed by the street right-of-way line, the line formed by the street failade of the building and the side lot lines. 3) Secondary Signs may be located anywhere on the lot and on any building fagade. 4) No signs may project in space over a street right-of-way line or onto another lot. f. Height regulations 1) Free-standing Development Signs and their supporting struc- ture(s) shall not be higher than ten (10) feet above adjacent ground level. 2) Building mounted Primary Signs shall be installed below the eave or parapet. Free-standing Primary Signs and their supporting struc- tures shall not be higher than twenty-five (25) feet above adja- cent ground level. 3) Free-standing Secondary Signs and their supporting structure(s) shall not be higher than five (5) feet above adjacent ground level. Building mounted secondary signs shall not be higher than eight (8) feet above the ground level at the building. g. Lighting 1) Development Signs may be illumi- nated only by means of indirect lighting whereby all light sources and devices are shielded from view by opaque or translucent ma- terials or by internal illumination. 2) Primary Signs may be illuminated by means of indirect lighting whereby all light sources and de- vices are shielded from view by opaque or translucent materials or by internal illumination. 3) Secondary Signs shall not be illu- minated. h. Motion 418 Regular Session, October 18, 2021 Book 151 1) No signs may include any device or means, mechanical, electrical, or natural, which shall cause any motion of the sign panel or any part thereof. No flashing lights or changing colors shall be allowed. K. Time Limitation - Approval of the concep- tual development plan shall be valid for a period of three (3) years, provided that after the first year, if no final site development plan has been filed, the Commission or Council may require the resubmission of a conceptual development plan. If con- structed in phases, a final site development plan shall be submitted for each phase. An extension of the time limitation may be granted by the City Council upon a showing of good cause. L. Ordinance History 1. 1.41-91: Establishment of the Dubuque Corporate Center (also known as West - mark Corporate Center) Planned Unit De- velopment M. Transfer of Ownership - Transfer of own- ership or lease of property in this PC Planned Commercial District shall include in the transfer or lease agreement, a provision that the purchaser or lessee acknowledges awareness of the conditions authorizing the establishment of this district. N. Site Development Plan Review - Final site development plan(s) shall be submitted in accordance with Section 13 of the Unified Development Code of the City of Dubuque, Iowa and be approved by the Zoning Advi- sory Commission at a public meeting. The Zoning Advisory Commission must approve a final site development plan within thirty (30) days of the public meeting if the plan conforms with the conditions of the ap- proved conceptual development plan. The failure of the Zoning Advisory Commission to act within this 30-day period shall consti- tute approval of the final site development plan unless the applicant requests or agrees to an extension of this review period. Changes in the final site development plan that are consistent with the purpose and in- tent of the Unified Development Code and the approved conceptual development plan may be approved by the Zoning Advisory Commission. No building permits shall be issued, or no construction may take place except in substantial conformance with such plan. O. Recording - A copy of this PUD Ordi- nance shall be recorded, at the expense of the City of Dubuque, with the Dubuque County Recorder as a permanent record of the conditions accepted as part of this re- classification approval. This ordinance shall be binding upon the undersigned and his/her heirs, successors, and assigns. Section 4. That the foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 5. The foregoing amendment shall take effect immediately upon publication as pro- vided by law. Passed, approved, and adopted this 181h day of October 2021. /s/Roy D. Buol, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 22nd day of October 2021. /s/Adrienne N. Breitfelder, City Clerk 2. Request to Rezone Property at 684 Kane Street: Proof of publication on notice of public hearing to consider City Council approval of a request from Joe Behan to rezone property lo- cated at 684 Kane Street from R-1 Single Fam- ily Residential to R-3 Moderate Density Multi - Family Residential to build a three -unit town- house, and Zoning Advisory Commission rec- ommended denial of the request. Motion by Cavanagh to receive and file the documents and concur with the denial. Seconded by Sprank. Planning Services Manager Wally Wer- nimont provided a staff report. Rose Theoni, 580 Primrose Ct., spoke in opposition to the re- quest and submitted a petition signed by area residents. Chris Theoni, 580 Primrose Ct.; Ron Vogt, 668 Kane St.; Becky Krause, 686 Kane St.; Rich Neuses, 505 Primrose St.; Kyle Chris- tina, 565 Primrose Ct.; and Mark Kelleher, 585 Primrose Ct., all spoke in opposition to the re- zoning request. City Council Members thanked the residents for providing input and spoke in opposition to rezoning the property to R-3. Mo- tion carried 7-0. 3. Public Hearing for the Water Service Connection Charge Assessment - 1951 W. 32nd Street: City Manager requested the City Council establish the Final Schedule of Assessments at $6,989.36 for the water service connection charge for 1951 W. 32nd Street. Motion by Jones to receive and file the documents and adopt Resolution No. 362-21 Approval of the Fi- nal Schedule of Assessments for 1951 W. 32nd Street. Seconded by Resnick. Motion carried 7- 0. RESOLUTION NO. 362-21 APPROVAL OF THE FINAL SCHEDULE OF ASSESSMENTS FOR 1951 W. 32ND STREET NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That the final schedule of Assessments for 1951 W. 32nd Street for Water Service Connec- tion Charge in the amount of $6,989,36 are hereby approved. Passed, adopted, and approved this 181h Book 151 Regular Session, October 18, 2021 419 day of October 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk PUBLIC INPUT Molly Grover, President and CEO of the Dubuque Area Chamber of Commerce, spoke in support of Action Item No. 2, stating that the Dubuque Area Chamber of Commerce pro- vided feedback on the proposed ordinance based on its potential business impact. ACTION ITEMS 1. Dubuque County Land and Water Legacy Conservation Bond Referendum Presentation: Correspondence from Art Roche, Chair of the Dubuque County Land and Water Legacy, re- garding the Dubuque County Land and Water Legacy conservation bond referendum on the City/School Election ballot on November 2, 2021. Motion by Roussell to receive and file the information and listen to the presentation. Se- conded by Farber. Brian Preston, Executive Di- rector of the Dubuque County Conservation Board, made a presentation. Topics included: County Comprehensive Parks, Trails, and Open Spaces Plan 2020; Master Plan; Recom- mendations for the allocation of referendum funds; and Examples of projects in Long Range Plan. Responding to questions from the City Council, Mr. Preston stated that all proposed projects that would be funded through the bond are subject to the public hearing process, so residents would have adequate opportunities to provide input. Art Roche spoke virtually and thanked Mr. Preston for the presentation. Mo- tion carried 7-0. 2. Proposed Ordinance Amendment to In- corporate Rent Abatement and Escrow Ac- counts: City Manager recommended the City Council adopt an Ordinance to allow for all rem- edies allowed by the State of Iowa for correcting code violations in rental properties. 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 Sprank. Housing and Community Development Director Alexis Steger responded to questions from the City Council regarding the ordinance's applicability to manufactured homes, Iowa Code's definition of essential services, and the ordinance's scope of enforcement. Motion car- ried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 36-21 Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Building Codes, Article J Property Maintenance Code, Section 14-1J- 2 International Property Mainte- nance Code Amendments. Seconded by Sprank. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 36-21 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND DE- VELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE J PROPERTY MAINTE- NANCE CODE, SECTION 14-1J-2 INTERNA- TIONAL PROPERTY MAINTENANCE CODE AMENDMENTS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. Section 14-1 J-2 of the City of Dubuque Code of Ordinances is amended to read as follows: 14-1J-2: INTERNATIONAL PROPERTY MAINTENANCE CODE AMENDMENTS: The following additions, deletions, modifica- tions, or amendments of the International Property Maintenance Code, 2018 edition, adopted in section 14-1J-1 of this article to read as follows: Section 103.5. Fees. Amended to read: 103.5. Fees. The fees for activities and services performed by the housing and community de- velopment department will be established by the city council. Any unpaid penalty, fine, fee or interest shall constitute a lien on the real property and may be collected in the same manner as a property tax. The City shall send a notice of intent to file a lien to the owner of the housing by first class mail to such owner's personal or business mailing address. Section 106.5. Abatement of Violation. Amended to read: 106.5. Abatement of Violation, Escrow Estab- lished. A. Abatement of Violation. The imposition of the penalties herein described shall not preclude legal action by the City to restrain, correct or abate a violation, or to prevent illegal occupancy of a build- ing, structure, or premises, or to stop an illegal act, conduct, business or utiliza- tion of the building, structure, or prem- ises. B. Escrow System Established. 1. Pursuant to the authority granted in Iowa Code 364.17, the City hereby creates an escrow system for the de- posit of rent which will be applied to the costs of correcting violations of the codes applicable to residential rental housing in the City of Dubuque. 2. No rent shall be recoverable by the owner or lessor of any dwelling which 420 Regular Session, October 18, 2021 Book 151 does not comply with the codes appli- rental license for a rental unit, and in cable to residential rental housing in the case of a multi -family dwelling, the City of Dubuque until such time as suspend the license as to one or more the dwelling does comply with the ap- rental units for a period not to exceed plicable codes. one year for any of the following: 3. If other methods have failed, the code a. Conviction, judgment, plea of official may contract to have work guilty, or finding of guilt of the licen- done as necessary to remedy viola- see for violation of any provision of tions of the applicable codes at a resi- the Property Maintenance Code; dential rental property, the cost of b. Misrepresentation by the licensee which shall be assessed to the owner of any material fact in the applica- or lessor and constitute a lien on the tion for a rental license; property; or be paid using the funds c. Refusal by the licensee to permit deposited into the escrow system for inspection of the licensed rental the cost of correcting violations. unit(s) by authorized City person- 4. Escrow Order and Payment Require- nel; ment: d. Nonpayment of the fee for re - a. An escrow order will be sent by U.S. newal of the rental license; Mail and certified mail to the owner e. Failure to attend the Successful or lessor, the first Iienholder, and the Rental Property Management tenant and will be posted at the ad- Class; dress. f. Failure to perform a required crim- b. Upon receipt of an escrow order, inal background check on an appli- tenants shall pay their rent to the city cant for tenancy after July 1, 2011; which will hold the funds in escrow or towards repairs. When rent is placed g. Failure of a priority category to in escrow the owner or lessor may comply with an inspection sched- not recover rent from the tenant. ule or pay inspection fees. Tenants c. The effective date of the escrow or- will be relocated from the rental der is fourteen (14) days from the unit at the priority category's ex - date of the order. pense. d. A first Iienholder may submit proof 2. Opportunity to Appeal: Prior to any of an "Assignment of Rents" to the suspension or revocation under this City. The City will adjust the escrow subsection, the City Manager must order to limit escrow collection of give notice in writing to the property rents to the amount above the owner, manager, or licensed real es - amount of the monthly mortgage tate professional and provide for an payment due to the first Iienholder. opportunity to appeal. e. The owner, lessor, or first Iienholder 3. Period of Revocation or Suspension: may appeal an escrow order to the During the period of revocation or sus - Housing Appeals and Mediation pension, a unit for which the rental Ii- Board. cense was suspended or revoked may f. If, at hearing the Housing Appeals not be relicensed. and Mediation Board adjusts or 4. Notice to Licensee: The City Manager overturns the escrow order the funds shall cause to be issued to the licen- shall be released to the owner or les- see a notice that the license is sus- sor and shall be payable within four- pended or revoked, setting forth the teen (14) days. reason(s) therefor. The notice shall be 5. An escrow order shall be stayed sent by certified United States mail to pending an appeal by an owner or les- the licensee at the address on file with sor. the City Manager. 6. The City shall develop a policy outlin- 5. Appeal: The licensee may appeal the ing the parameters and procedures for decision of the City Manager to the initiation of an escrow order which Housing Board of Appeals. An appeal shall be on file with the Inspection and must be filed, in writing, within twenty Construction Service Division and (20) days from the date of the notice of available to the public for review. suspension or revocation. 14-1 J-3: RENTAL LICENSES: 6. Notice to Tenant: Upon suspension or .... revocation the City Manager must give J. Suspension and Revocation of Rental written notice of the suspension or rev - License: ocation of the license to each tenant, 1. Causes: The City Manager may, for requiring the tenant to vacate the good cause, suspend or revoke a Book 151 Regular Session, October 18, 2021 421 premises within a time frame deter- mined by the City Manager if deter- mined necessary. Any tenant who fails to vacate the premises after such time shall be subject to penalties under title 1, chapter 4 of this Code. Relocation of Tenants: If suspension or revocation of a rental license is the responsibility of the property owner, manager, or licensed real estate pro- fessional, as determined by the City Manager, then any displaced tenants shall be relocated at the property owner, manager, or licensed real es- tate professional's expense and the City Manager is authorized to assess the rental property for any costs in- curred by the City. L. RENT ABATEMENT: 1. The code official may order rent abated when the code official deter- mines that the owner or lessor has, af- ter issuance of a notice of violation of this chapter: a. Failed to provide an essential ser- vice (water, sewer, electricity, heat); b. Failed to remedy a condition that poses a substantial risk to the health or safety of the tenant; or c. Rented a dwelling unit without a rental license including renting un- der suspension or revocation. 2. A rent abatement order means that the owner or lessor may not recover rent from the tenant. Rent shall be abated until the condition for which rent abatement was ordered has, in the judgment of the code official, been remedied. 3. The code official shall provide a copy of the rent abatement order to the owner or lessor at the address on the rental permit and to the tenant by U.S. mail and by posting the entrance door to dwelling unit. Notice of termination of the rent abatement order will be given in the same manner. 4. Rent abatement shall be stayed upon filing of an appeal by the owner or les- sor. 5. The City shall develop a policy outlin- ing the parameters and procedures for initiation of rent abatement which shall be on file with the Inspection and Con- struction Services Division and availa- ble to the public for review. Section 2. This ordinance shall take effect upon publication. Passed, approved, and adopted this 18th day of October 2021. /s/Roy D. Buol, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 22"d day of October 2021. /s/Adrienne N. Breitfelder, City Clerk 3. Lead and Healthy Home Program Grant Agreement: City Manager recommended City Council authorization of an agreement with the U.S. Department of Housing and Urban Devel- opment (HUD) for the use of $4,275,680.92 to administer the Lead and Healthy Homes Pro- gram. Motion by Cavanagh to receive and file the documents and adopt Resolution No. 363- 21 Authorizing the City Manager or his de- signee to execute an agreement and any fur- ther documents required for the execution of the Lead and Healthy Homes Grant Award of $1,000,000. Seconded by Resnick. Respond- ing to a question from the City Council, Housing and Community Development Director Alexis Steger stated that additional programs are uti- lized to help eliminate lead in Dubuque homes. City Manager Van Milligen stated that child lead poisoning is decreasing in the city. Motion car- ried 7-0. 4. Dubuque Fire Department Accreditation by the Commission on Fire Accreditation Inter- national of the Center for Public Safety Excel- lence: City Manager advised that on Wednes- day, October 13, 2021, the Center for Public Safety Excellence Commission on Fire Accred- itation International voted to designate the Dubuque Fire Department as an accredited agency. Motion by Resnick to receive and file the information. Seconded by Jones. Fire Chief Rick Steines spoke about the accreditation pro- cess and responded to questions from the City Council regarding future objectives of the de- partment. Motion carried 7-0. 5. Dubuque Fire Department Public Infor- mation Brochure: City Manager provided a copy of the Dubuque Fire Department public infor- mation brochure. Motion by Jones to receive and file the document. Seconded by Sprank. City Manager Van Milligen stated that the bro- chure will be mailed out with all resident utility bills in the next billing cycle. Motion carried 7-0. 6. Sustainable Dubuque Community Grant Award Recommendation: City Manager recom- mended approval of the Resilient Community Advisory Commission recommendations for funding four projects from the Sustainable Dubuque Community Grant Program at a total funding amount of $9,200. Motion by Resnick to receive and file the documents and approve the recommendations. Seconded by Farber. Mo- tion carried 7-0. COUNCIL MEMBER REPORTS 422 Regular Session, October 18, 2021 Book 151 Council Member Roussell reported on at- tending the renewable natural gas ribbon cut- ting and the recent volunteer efforts of Dubuque Trees Forever. Council Member Sprank reported on attend- ing the sister city photo exhibit hosted by Travel Dubuque's Sister City Committee. Council Member Resnick also reported on attending the renewable natural gas ribbon cut- ting. Council Member Jones reported on the gen- eral election occurring on November 2"d, 2021. Mayor Buol reported on attending the sister city photo exhibit and spoke about his previous travel experiences to Dubuque's sister cities. There being no further business, Mayor Buol declared the meeting adjourned at 8:30 p.m. /s/Adrienne N. BreitFelder, City Clerk Book 151 Special Session, October 20, 2021 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 5:00 p.m. on October 20, 2021, in the second -floor Council Chambers of the Historic Federal Building, 350 W. 6th Street. Present in Council Chambers: Mayor Buol; Council Member Sprank; City Manager Van Mil- ligen, City Attorney Brumwell. Present virtually: Council Members Cavanagh, Farber, Jones, Resnick, Roussell. Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of conducting such business that may properly come before the City Council. ITEMS SET FOR PUBLIC HEARING 1. Chavenelle Road Hike Bike Trail Phase 2 Set for Public Hearing: City Manager requested City Council concurrence with the public bid- ding procedure through the Iowa Department of Transportation and to set November 1, 2021, as the date for a public hearing on the Chavenelle Road Hike -Bike Trail — Phase 2 Project. Motion by Cavanagh to receive and file the documents, adopt Resolution No. 364-21 Chavenelle Road Hike -Bike Trail — Phase 2 Project: Iowa DOT Project No. EDP-2100(696)-7Y-31: Prelimi- nary approval of plans, specifications, form of contract, and estimated cost; setting date of public hearing on plans, specifications, form of contract, and estimated cost, and set the public hearing as indicated. Seconded by Sprank. Mo- tion carried 7-0, setting a public hearing for a meeting to commence at 6:30 p.m. on Novem- ber 1, 2021, in the Historic Federal Building. RESOLUTION NO. 364-21 CHAVENELLE ROAD HIKE -BIKE TRAIL — PHASE 2 PROJECT - IOWA DOT PROJECT NO. EDP-2100(696)-7Y-31: PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEAR- ING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: The proposed plans, specifications, form of contract and estimated cost for the Chavenelle Road Hike -Bike Trail — Phase 2 Project in the estimated amount $605,970.10, are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. 423 A public hearing will be held on the 1 st day of November, 2021, at 6:30 p.m. in the Historic Federal Building Council Chambers, 350 W. 61h Street, Dubuque, Iowa, at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and estimated cost of said Pro- ject, and the City Clerk be and is hereby di- rected to cause the attached notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any interested person may appear and file objections to the proposed plans, spec- ifications, form of contract, or estimated cost of the Project. Passed, adopted, and approved this 20th day of October 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk ACTION ITEMS 1. Iowa Economic Development Authority (IEDA) Contract 18-TC-038 Assignment, Med- line Industries, Inc. Corporate Reorganization: City Manager recommended City Council adopt the resolution approving the Second Amend- ment of Iowa Economic Development Authority (IEDA) Contract 18-TC-038 modifying the par- ties to the IEDA contract to facilitate Medline's reorganization and sale transaction. Motion by Sprank to receive and file the documents and adopt Resolution No. 365-21 Approving the Second Amendment to the Economic Develop- ment Financial Assistance Contract by and among Medline Industries, Inc., MIRE DIA, LLC, the City of Dubuque, Iowa, and the Iowa Eco- nomic Development Authority. Seconded by Farber. Motion carried 7-0. RESOLUTION NO. 365-21 APPROVING THE SECOND AMENDMENT TO THE ECONOMIC DEVELOPMENT FINAN- CIAL ASSISTANCE CONTRACT BY AND AMONG MEDLINE INDUSTRIES, INC., MIRE DIA, LLC, THE CITY OF DUBUQUE, IOWA, AND THE IOWA ECONOMIC DEVELOP- MENT AUTHORITY Whereas, Medline Industries, Inc., MIRE DIA, LLC (Medline) and the City of Dubuque (City) entered into an Economic Development Financial Assistance Contract (the Contract) with the Iowa Economic Development Authority (IEDA) to facilitate the creation of one hundred five (105) full-time jobs in the City; and Whereas, the parties previously agreed to an amendment to the Contract to extend the Project Completion date, approved by the City Council on September 7, 2021; and 424 Special Session, November 1, 2021 Whereas, Medline has requested a second amendment to the Contract to modify the par- ties to the Contract due to a corporate restruc- turing; and Whereas, the parties agree a Second Amendment is necessary and desire to amend the Contract as set forth in the attached Con- tract Amendment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Second Amendment to Con- tract is hereby approved. Section 2. The Mayor is hereby authorized and directed to execute, and the City Manager is hereby directed to submit the Second Amendment to Contract to the Iowa Economic Development Authority together with such other documents as may be required. Passed, approved, and adopted this 20"' day of October 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk There being no further business, Mayor Buol declared the meeting adjourned at 5:04 p.m. /s/Adrienne N. Breitfelder, City Clerk Book 151 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 5:30 p.m. on November 1, 2021, in the second -floor Council Chambers of the His- toric Federal Building, 350 W. 6"' Street. Present: Mayor Buol; Council Members Cavanagh, Farber, Jones, Resnick, Roussell, Sprank; City Manager Van Milligen, City Attor- ney 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 Sustainable Dubuque update. WORK SESSION Sustainable Dubuque Update Inspector Shane Hoeper made a presenta- tion updating the City Council on the energy scorecard and energy savers project in con- junction with the Teen Resiliency Corps. Topics included: • Rental Energy Rating; • Evaluating Components and Systems; • Key Points; • Energy Savers Program Updates; • RentLab; • Energy Score Card Sustainability Coordinator Gina Bell then presented on the Teen Resiliency Corps and implementation of the Climate Action Plan. Teen Resiliency Corps participants Addison Ryan, Demonte Smith, Harmony Paul, and Ne- vaeh Alfred spoke about their experiences in the program. Ms. Bell and the participants responded to questions from the City Council regarding resi- dent engagement, potential partnerships, and current goals of the Teen Resiliency Corps pro- gram. There being no further business, Mayor Buol declared the meeting adjourned at 6:11 p.m. /s/Adrienne N. Breitfelder, City Clerk Book 151 Regular Session, November 1, 2021 425 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on November 1, 2021, in the second -floor Council Chambers of the His- toric Federal Building, 350 W. 6"' Street. Present: Mayor Buol; Council Members Cavanagh, Farber, Jones, Resnick, Roussell, Sprank; City Manager Van Milligen, City Attor- ney 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. City Clerk Breitfelder announced that Con- sent Item No. 16 Pre -Annexation Agreement - ITC Midwest, LLC; and the boards and commis- sions appointment to the Civic Center Advisory Commission were both removed from the meet- ing. PLEDGE OF ALLEGIANCE PRESENTATION(S) 1. COVID-19 Update: Public Health Spe- cialist Mary Rose Corrigan provided an update on the COVID-19 pandemic and response ac- tivities. 2. 2021 Woman of the Year Award Presen- tation: Amy Gilligan, of the Telegraph Herald, presented Public Health Specialist Mary Rose Corrigan with the 2021 Woman of the Year Award as part of the Telegraph Herald, Biz- Times.biz, and Her Magazine's annual Salute to Women Awards. Media services presented a Salute to Women Awards Woman of the Year video. 3. Iowa Society of Solid Waste Operations Awards Presentation: Jennifer Jordan, of the Iowa Society of Solid Waste Operators, pre- sented Landfill Facility Supervisor Doug Hughes with the Outstanding Professional Achievement (Service to Industry) Award. 4. 2021 National Service Recognition Day Awards Presentation: AmeriCorps Director Heather Satterly presented on the National Ser- vice Recognition Day award nominees and re- cipients. Media Services displayed a brief video clip from the National Service Recognition Day Celebration. PROCLAMATION(S) 1. Extra Mile Day (November 1, 2021) was accepted by Heather Satterley on behalf of AmeriCorps Dubuque and Extra Mile Day America. 2. Philanthropy Day (November 15, 2021) was accepted by Christel Tatro on behalf of the Association of Fundraising Professionals — Greater Tri-State Chapter. 3. National Hospice Month (November 2021) was accepted by Lavonne Noel on behalf of Hospice of Dubuque. CONSENT ITEMS Motion by Resnick to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Farber. Motion carried 7-0. 1. Minutes and Reports Submitted: City Council Proceedings of 10/18 and 10/20; His- toric Preservation Commission of 10/21; Long Range Planning Commission of 10/20. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: Karen Klues- ner for vehicle damage; Mark Tinkham for vehi- cle damage. Upon motion the documents were received, filed, and referred to the City Attorney. 3. Disposition of Claims: City Attorney ad- vised that the following claims have been re- ferred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Karen Kluesner for vehicle damage; Mark Tinkham for vehicle damage. Upon motion the documents were received, filed, and concurred. 4. Approval of City Expenditures: City Man- ager recommended City Council approval for payment of City expenditures. Upon motion the documents were received and filed, and Reso- lution No. 366-21 Authorizing the Director of Fi- nance and Budget/City Treasurer to make cer- tain payments of bills that must be paid and ap- proved for payment in accordance with City pro- cedures was adopted. RESOLUTION NO. 366-21 AUTHORIZING THE DIRECTOR OF FI- NANCE AND BUDGET / CITY TREASURER TO MAKE CERTAIN PAYMENTS OF BILLS THAT MUST BE PAID AND APPROVED FOR PAYMENT IN ACCORDANCE WITH CITY PROCEDURES 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, 426 Regular Session, November 1, 2021 Book 151 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 De- partment personnel in accordance with gener- ally accepted internal control procedures and have been determined to have been requisi- tioned for a lawful municipal purpose; and Whereas, the Finance Director -City Treas- urer 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 pay- ment of certain expenditures known as Excep- tion 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 Treas- urer is hereby authorized to issue payment for goods and services provided for City purposes in response to the purchase orders and con- tracts issued in compliance with state and mu- nicipal code requirements as requested by des- ignated requisitioning authorities in accordance with approved budget appropriations. Section 2. In accordance with Iowa Code Section 372.13(6), the City Clerk and Finance Director are hereby authorized and directed to provide the statement of receipts and disburse- ments to the City Council, and to publish a sum- mary thereof. Passed, approved, and adopted this 1 st day of November 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 5. Fiscal Year 2023 Annual Tax Increment Financing Report: City Manager transmitted the Annual Tax Increment Financing Report that has been filed with Dubuque County Auditor Kevin Dragotto. Upon motion the documents were received and filed. 6. Fiscal Year 2021 Iowa Urban Renewal Annual Report: City Manager recommended approval of the Fiscal Year 2021 Iowa Urban Renewal Report for the City of Dubuque. Upon motion the documents were received and filed, and Resolution No. 367-21 Approving the Fis- cal Year 2021 Urban Renewal Report for the City of Dubuque was adopted. RESOLUTION NO. 367-21 APPROVING THE FISCAL YEAR 2021 UR- BAN RENEWAL REPORT FOR THE CITY OF DUBUQUE. Whereas, the Iowa Legislature approved HF 2460 in the 2012 Legislative Session, amending the current law pertaining to urban renewal districts; and Whereas, HF 2460, otherwise known as the Urban Renewal Reporting Act of 2012, aims to increase transparency in the utilization of tax in- crement financing; and Whereas, HF 2460 requires an annual ur- ban renewal report be approved by the majority of a local governing body that had an active ur- ban renewal plan anytime during the most re- cently ended fiscal year; and Whereas, City staff have fulfilled the re- quirements outlined in the Act through a web - based reporting tool hosted by the Iowa Depart- ment of Management. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Fiscal Year 2021 Urban Renewal Report for the City of Dubuque, be ap- proved. Section 2. That the Director of Finance and Budget of the City of Dubuque, Iowa is hereby authorized and directed to submit the Report, with a record of this approval, to the Iowa De- partment of Management. Passed, approved, and adopted this 1 st day of November 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breiffelder, City Clerk 7. Authorizing Resolutions Naming Ryan Knuckey Director of Transportation Services: City Manager recommended approval of reso- lutions that appoint Ryan Knuckey as an active delegate to make decisions for the Jule on be- half of the City of Dubuque. Upon motion the documents were received and filed, and Reso- lutions No. 368-21 Authorizing the Director of Transportation Services File Applications with the Iowa Department of Transportation — Office of Public Transit; and Resolution No. 369-21 Authorizing the Director of Transportation Ser- vices File Applications with the Federal Transit Administration, an operating administration of the United States Department of Transporta- tion, for Federal Transportation Assistance au- thorized by 49 U.S.C. Chapter 53 Title 23 United States Code and other federal statutes administered by the Federal Transit Administra- tion were adopted. RESOLUTION NO. 368-21 AUTHORIZING THE DIRECTOR OF TRANS- PORTATION SERVICES FILE APPLICA- TIONS WITH THE IOWA DEPARTMENT OF Book 151 Regular Session, November 1, 2021 427 TRANSPORTATION — OFFICE OF PUBLIC TRANSIT Whereas, the City of Dubuque provides fixed -route and paratransit services for the citi- zens of Dubuque; and Whereas, the Iowa Department of Trans- portation (IDOT) is a pass -through funding en- tity for federal capital and operating funds; and Whereas, the City has historically applied through the IDOT for these funds; and Whereas, the City Council finds that the ap- plying for the funds to be beneficial to the con- tinued provision of transit service for the citi- zens of Dubuque. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That Ryan Knuckey, Director of Transportation Services, is authorized to on be- half of the City Council, to apply for financial as- sistance and to enter into related contract(s) with the Iowa Department of Transportation. Passed, adopted, and approved this 1 st day of November 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk RESOLUTION NO. 369-21 AUTHORIZING THE DIRECTOR OF TRANS- PORTATION SERVICES FILE APPLICA- TIONS WITH THE FEDERAL TRANSIT AD- MINISTRATION, AN OPERATING ADMIN- ISTRATION OF THE UNITED STATES DE- PARTMENT OF TRANSPORTATION, FOR FEDERAL TRANSPORTATION ASSIS- TANCE AUTHORIZED BY 49 U.S.C. CHAP- TER 53 TITLE 23 UNITED STATES CODE AND OTHER FEDERAL STATUTES ADMIN- ISTERED BY THE FEDERAL TRANSIT AD- MINISTRATION Whereas, the Federal Transportation Ad- ministrator has been delegated authority to award Federal financial assistance for a trans- portation project; and Whereas, the grant or cooperative agree- ment for Federal Financial assistance will im- pose certain obligations upon the Applicant, and may require the Applicant to provide the lo- cal share of the project cost; and Whereas, the Applicant has or will provide all annual certifications and assurances to the Federal Transit Administration required for the project; and Whereas, the Mayor may authorize a de- signee to execute and file applications to the Federal Transit Administration on behalf of the City of Dubuque; and Whereas Ryan Knuckey has been ap- pointed as Director of Transportation Services, effective October 11, 2021. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA, AS FOLLOWS: Section 1. The Mayor of the City of Dubuque has authorized Ryan Knuckey, the Director of Transportation Services, to serve as designee to execute and file application for Federal assis- tance on behalf of the City of Dubuque d.b.a. The Jule Transit with the Federal Transit Ad- ministration for Federal Assistance authorized by 49 U.S.C. Chapter 53, Title 23, United States Code, or other Federal statutes authorizing a project administered by the Federal Transit Ad- ministration. Section 2. The Mayor of the City of Dubuque or his/her designee (i.e., Director of Transporta- tion Services) is authorized to execute and file with its application the annual certification and assurances and other documents the Federal Transportation Administration requires before awarding a Federal grant or cooperative agree- ment. Section 3. The Mayor of the City of Dubuque or his/her designee (i.e., Director of Transporta- tion Services) is hereby authorized and directed to execute said grant and cooperative agree- ments with the Federal Transit Administration on behalf of the City of Dubuque and the City Clerk is authorized and directed to attest his sig- nature. Passed, approved, and adopted this 1 st day of November 2021 Roy D. Buol, Mayor Attest: Adrienne N. Breiffelder, City Clerk 8. Assignment of Development Agreement with Betty Building, LLC to Redevelop Property at 151 E. 9th Street (Linseed Oil Paintworks Building): City Manager recommended ap- proval of an Assignment of Development Agreement with Betty Building, LLC for property located at 151 E 9th Street to Carmac Manage- ment, Inc. Upon motion the documents were re- ceived and filed, and Resolution No. 370-21 Ap- proving the Assignment of the Development Agreement between the City of Dubuque and Betty Building, LLC from Betty Building, LLC to Carmac Management, Inc was adopted. RESOLUTION NO. 370-21 APPROVING THE ASSIGNMENT OF THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBUQUE AND BETTY BUILDING, LLC FROM BETTY BUILDING, LLC TO CARMAC MANAGEMENT, INC Whereas, the City Council of the City of Dubuque, by Resolution No. 95-13, dated March 18, 2013, entered into a Development Agreement with Wilmac Property Company (Wilmac); and Whereas, pursuant to the Development Agreement, Wilmac, as Developer, is required 428 Regular Session, November 1, 2021 Book 151 to provide certain improvements to real estate owned by Wilmac, known locally as Linseed Oil Paintworks Company Building located at 151 East 9th Street, Dubuque, Iowa (the Property); and Whereas, in order to facilitate rehabilitation of the Property, and in particular to accommo- date the use of historic tax credits, the Property was conveyed by Wilmac to Betty Building, LLC, an Iowa limited liability company, and on October 6, 2014, with the consent of the City, the Development Agreement was assigned by Wilmac to Betty Building, LLC; and Whereas, the Property has been rehabili- tated as required by the terms of the Develop- ment Agreement and Betty Building, LLC de- sires to assign the Development Agreement to Carmac Management, Inc pursuant to the As- signment of Development Agreement, a copy of which is attached hereto; and Whereas, the City Council finds that it is in the best interests of the City of Dubuque to ap- prove the Assignment of Development Agree- ment. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The Assignment of Development Agreement assigning the Development Agree- ment by Betty Building, LLC to Carmac Man- agement, Inc is hereby approved. Section 2. The Mayor is hereby authorized and directed to execute the Assignment of De- velopment Agreement on behalf of the City of Dubuque. Passed, approved, and adopted the 1 st day of November 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 9. Signed Contract(s): Hillcrest Family Ser- vices for use of Louis Murphy Park; Origin De- sign Co. for the Jule Bus Barn Rooftop Unit Re- moval; Iowa Commission on Volunteer Service for the 2021-2022 Formula Grant Amendment for the AmeriCorps Creating Opportunities Grant; Iowa Commission on Volunteer Service for the 2021-2022 Competitive Grant Amend- ment for the AmeriCorps Partners in Learning Grant. Upon motion the documents were re- ceived and filed. 10. Carmel Drive Right of Way Plats and Dedications: City Manager recommended ap- proval of the Acquisition Plats of Lot 1A and 2A of Carmel Heights No. 2, in the City of Dubuque, Iowa, and acceptance of the dedication of said lots for street Right of Way and public utility pur- poses for the existing and proposed cul-de- sacs on Carmel Drive. Upon motion the docu- ments were received and filed, and Resolution Nos. 371-21 Approving the Acquisition Plat of Lot 1A of Carmel Heights No. 2, in the City of Dubuque, Iowa; and No. 372-21 Approving the Acquisition Plat of Lot 2A of Carmel Heights No. 2, in the City of Dubuque, Iowa were adopted. RESOLUTION NO. 371-21 APPROVING THE ACQUISITION PLAT OF LOT 1A OF CARMEL HEIGHTS NO. 2, IN THE CITY OF DUBUQUE, IOWA Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, an Acquisition Plat dated August 17, 2021, pre- pared by Origins Design describing Lot 1A of Carmel Heights No. 2, in the City of Dubuque, Iowa; and Whereas, said plat conforms to the laws and statutes pertaining thereto; and Whereas, upon said plat appears Lot 1A, which BVM-PHS Senior Housing, Inc., by said plat has dedicated to the public forever. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the plat dated August 17, 2021, prepared by Origins Design, 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 author- ized and directed to execute said plat and on behalf of the City of Dubuque, Iowa. Section 2. That the dedication of Lot 1A of Carmel Heights No. 2, in the City of Dubuque, for street Right of Way and public utility pur- poses, as it appears on said Acquisition Plat, be and the same are 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 1 st day of November 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breiffelder, City Clerk RESOLUTION NO. 372-21 APPROVING THE ACQUISITION PLAT OF LOT 2A OF CARMEL HEIGHTS NO. 2, IN THE CITY OF DUBUQUE, IOWA Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, an Acquisition Plat dated August 17, 2021, pre- pared by Origins Design describing Lot 2A of Carmel Heights No. 2, in the City of Dubuque, Iowa; and Whereas, said plat conforms to the laws and statutes pertaining thereto; and Whereas, upon said plat appears Lot 2A, which Sisters of Charity of the Blessed Virgin Mary, by said plat have dedicated to the public forever. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Book 151 Regular Session, November 1, 2021 429 Section 1. That the plat dated August 17, 2021, prepared by Origins Design, 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 author- ized and directed to execute said plat and on behalf of the City of Dubuque, Iowa. Section 2. That the dedication of Lot 2A of Carmel Heights No. 2, in the City of Dubuque, for street Right of Way and public utility pur- poses, as it appears on said Acquisition Plat, be and the same are 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 1st day of November 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 11. Louise Lane Bridge Right of Way Dedi- cation: City Manager recommended approval of the dedication of Lot 2-1 of Evelyn Tharp Place in Mineral Lot 324, in the City of Dubuque, Iowa, as street right of way for Louise Lane. Upon mo- tion the documents were received and filed, and Resolution No. 373-21 Approving the dedica- tion of Lot 2-1 of Evelyn Tharp Place in Mineral Lot 324 in the City of Dubuque, Iowa as right of way for Louise Lane, in the City of Dubuque, Iowa was adopted. RESOLUTION NO. 373-21 APPROVING THE DEDICATION OF LOT 2-1 OF EVELYN THARP PLACE IN MINERAL LOT 324 IN THE CITY OF DUBUQUE, IOWA AS RIGHT OF WAY FOR LOUISE LANE, IN THE CITY OF DUBUQUE, IOWA Whereas, the City of Dubuque is the owner of Lot 2-1 of Evelyn Tharp Place in Mineral Lot 324, in the City of Dubuque, Iowa per the Quit Claim Deed recorded in the Dubuque County Recorder's Office as Instrument Number 2009- 00002817, and as shown on the Plat of Survey of Lot 1-1 and Lot 2-1 of Evelyn Tharp Place in Mineral Lot 324, in the City of Dubuque, Iowa; and Whereas, said plat conforms to the laws and statues pertaining thereto; and Whereas, the City of Dubuque intends to dedicate said Lot 2-1 to the public forever for Right of Way purposes, including streets and utilities, to be included as part of the Louise Lane Street Right of Way. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the dedication of Lot 2-1 of Evelyn Tharp Place in Mineral Lot 324, in the City of Dubuque, Iowa, for Right of Way pur- poses, including streets and utilities, as part of the Louise Lane Street Right of Way be and the same is hereby accepted and approved. Section 2. That the City Clerk be and is hereby authorized and directed to file a certified copy of this resolution in the office of the Re- corder, in and for Dubuque County, Iowa. Passed, approved, and adopted this 1stday of November 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 12. 2021 Asphalt Overlay Access Ramp Project 3: City Manager recommended ac- ceptance of the construction contract for the 2021 Asphalt Overlay Access Ramp Project 3, as completed by Midwest Concrete, in the final contract amount of $154,728.90, which is a 4.53% increase over the original contract amount of $148,018.00 due to additional curb repairs and additional sidewalk. Upon motion the documents were received and filed, and Resolution No. 374-21 Accepting the 2021 As- phalt Overlay Access Ramp Project 3 and Au- thorizing the Payment to the Contractor was adopted. RESOLUTION NO. 374-21 ACCEPTING THE 2021 ASPHALT OVERLAY ACCESS RAMP PROJECT 3 AND AUTHOR- IZING THE PAYMENT TO THE CONTRAC- TOR Whereas, the public improvement contract for the 2021 Asphalt Overlay Access Ramp Project 3 (the Project) has been completed by the Contractor, Midwest Concrete, Inc., (Con- tractor), the City Engineer has examined the work and recommends that the Project be ac- cepted; and Whereas, the final contract amount for the Project is $154,728.90; and Whereas, the Contractor has previously been paid $146,992.46, leaving a balance of $7,736.45; and Whereas, the City Council finds that the rec- ommendation 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 $7,736.45 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 1It day of November 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breiffelder, City Clerk 430 Regular Session, November 1, 2021 Book 151 CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF 2021 ASPHALT OVERLAY ACCESS RAMP PROJECT 3 The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the 2021 Asphalt Overlay Access Ramp Project 3 has been performed in compli- ance with the terms of the Public Improvement Contract, and that the total cost of the com- pleted work is $170,201.79. Dated this 22nd day of October 2021. /s/Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 22nd day of October 2021. /s/ Adrienne N. Breitfelder, City Clerk 13. U.S. 52 - Central Avenue (9th - 21st) HMA Pavement Resurfacing Project: Coopera- tive Funding Agreement for Primary Road Pro- ject: City Manager recommended authorization for the Mayor to execute the Iowa Department of Transportation (Iowa DOT) Cooperative Agreement for Primary Road Project for the Phase 4 - HMA Pavement Milling and Resurfac- ing Project on Central Avenue from 9th Street to 21st Street. Upon motion the documents were received and filed, and Resolution No. 375-21 Approving the Iowa Department of Transporta- tion Cooperative Agreement for Primary Road Project (Agreement No. 2019-16-189) for the Phase 4 — U.S. 52 Central Avenue (9th - 21st) HMA Pavement Resurfacing Project was adopted. RESOLUTION NO. 375-21 APPROVING THE IOWA DEPARTMENT OF TRANSPORTATION COOPERATIVE AGREEMENT FOR PRIMARY ROAD PRO- JECT (AGREEMENT NO. 2019-16-189) FOR THE PHASE 4 - US52 CENTRAL AVENUE (9T" - 21ST) HMA PAVEMENT RESURFACING PROJECT Whereas, the City of Dubuque has com- pleted the U.S. 52 - Central Avenue (9th - 21st) HMA Pavement Resurfacing Project, (the Pro- ject); and Whereas, the segment of Central Avenue from 9t' Street to 21 st Street was designated US Highway 52 and are under the jurisdiction of the Iowa Department of Transportation (IaDOT) when the U.S. 52 - Central Avenue (9th - 21st) HMA Pavement Resurfacing Project, was com- pleted in 2021; and Whereas, the U.S. 52 - Central Avenue (9th - 21st) HMA Pavement Resurfacing Project, pro- vided for the: milling; transverse and longitudi- nal joint repair; pavement sub -base repair and patching; HMA resurfacing of both thru lanes and parking areas; spot curb, driveway, and sidewalk replacement; storm sewer improve- ments; installation of ADA pedestrian ramps; and water main replacement; and Whereas, the Iowa DOT has authorized the use of State funds for eligible construction costs for the U.S. 52 - Central Avenue (9th - 21 st) HMA Pavement Resurfacing Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That said Cooperative Agree- ment for Primary Road Project (Agreement 2019-16-189) between the City of Dubuque and the Iowa Department of Transportation is hereby approved for the U.S. 52 - Central Ave- nue (9th - 21st) HMA Pavement Resurfacing Project. Section 2. That the Mayor be authorized and directed to execute two copies of Iowa DOT Cooperative Agreement for Primary Road Pro- ject (Agreement 2019-16-189) for the U.S. 52 - Central Avenue (9th - 21st) HMA Pavement Re- surfacing Project. Passed, approved, and adopted this 1 st day of November 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 14. Iowa Department of Transportation Sup- plemental Agreements: City Manager recom- mended approval of two Iowa Department of Transportation Supplemental Agreements for Local Primary Highway Maintenance, Pave- ment Markings, and Julien Dubuque Bridge Sidewalk Maintenance between the Iowa DOT and the City of Dubuque. Upon motion the doc- uments were received, filed, and approved. 15. Rescind Public Hearing: State Revolv- ing Fund (SRF) Environmental Review — Old Mill Road Pump Station and Force Main project: City Manager recommended approval of a res- olution rescinding Resolution No. 344-21, which would cancel the November 15, 2021, public hearing for an environmental review associated with the Old Mill Road Pump Station and Force Main Project. Upon motion the documents were received and filed, and Resolution No. 376-21 Rescinding Resolution No. 344-21 was adopted. RESOLUTION NO. 376-21 RESCINDING RESOLUTION NO. 344-21 Whereas, on 4th day of October 2021, the City Council of the City of Dubuque, Iowa adopted Resolution No. 344-21 for approving Fixing the Date for the Public Hearing for an en- vironmental review as provided by SRF Depart- ment of Natural Resources, for the Old Mill Road Pump Station and Force Main Project; and Whereas, City staff became aware of an ar- cheological report from the Iowa Department of Natural Resources, which may require further studies in the project area; and Whereas, the current environmental review Book 151 Regular Session, November 1, 2021 431 as provided by SRF Department of Natural Re- sources process must stop and rescheduled for a future date. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA: Section 1. Resolution No. 344-21 are hereby rescinded. Passed, approved, and adopted this 1st day of November 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 17. ImOn Communications Regarding Ap- plication for the Proposed Expansion of Service Area: City Manager transmitted a courtesy copy of the Application for the Proposed Expansion of Service Area filed with the State of Iowa by ImOn Communications. Upon motion the docu- ments were received and filed. 18. Intent to Apply for Two National Environ- mental Health Administration - Food and Drug Administration Development Base Retail Flexi- ble Model Grants: City Manager recommended approval to apply for two National Environmen- tal Health Administration — Food and Drug Ad- ministration Development Base Retail Flexible Model Grants. Upon motion the documents were received, filed, and approved. 19. US Department of Housing and Urban Development Fiscal Year 2022 Community De- velopment Block Grant Funding Agreement: City Manager recommended approval of the Fiscal Year 2022/Program Year 2021 Commu- nity Development Block Grant Agreement with the US Department of Housing and Urban De- velopment and requests authorization for the Mayor to execute the contract on behalf of the City. Upon motion the documents were re- ceived and filed, and Resolution No. 378-21 Au- thorizing execution of FY22/PY21 Community Development Block Grant Agreement was adopted. RESOLUTION NO. 378-21 AUTHORIZING EXECUTION OF FY22/PY21 COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT Whereas, the City of Dubuque receives Community Development Block Grant funding annually; and Whereas, the City Council approved the Fiscal Year 2022 budget that included Commu- nity Development Block Grant allocation; and Whereas, the City Council and the Federal Department of Housing and Urban Develop- ment have approved an Annual Action Plan for the allocation of this funding in accordance with our Consolidated Plan; and Whereas, all services provided will meet a national objective to assist a majority low -mod- erate income residents, eliminate slum or blight, or meet an urgent need. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the FY22/PY21 Community Development Block Grant Agreement be ap- proved. Section 2. That the Mayor of the City of Dubuque is hereby authorized and directed to execute said Agreement and related docu- ments on behalf of the City of Dubuque, Iowa. Passed, approved, and adopted this 1 st day of November 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 20. Grass and Weed Cutting and Garbage Collection Assessments: City Manager recom- mended 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 establish real property liens for collection of such charges. Upon motion the documents were received and filed, and Resolution No. 379-21 Authorizing the city to collect delinquent grass and weed cutting and garbage collection charges in ac- cordance 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. 379-21 AUTHORIZING THE CITY TO COLLECT DE- LINQUENT GRASS AND WEED CUTTING AND GARBAGE COLLECTION CHARGES IN ACCORDANCE WITH TITLE 6-4-3A and TI- TLE 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 welfare 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 im- mediate action to protect the public health, safety or welfare of the public, the Housing Of- ficer may order the emergency abatement of such; and Whereas, delinquent grass and weed cut- ting 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 at- tached Grass/Weed/Garbage Assessment Schedule are delinquent in the payment of grass and weed cutting and garbage collection charges. 432 Regular Session, November 1, 2021 Book 151 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 list day of November 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 1225 N Booth, Lot 2-1 Trenks Booth St PI; Fries, Thomas A, 1225 N Booth St Dubuque IA 52001; 1023483017; $212.50; grass Cedar Cross Rd, Lot 1 Blk 3 Cedar Cross In- dustrial Park; Dubuque MSA Ltd Partnership, PO Box 2549 Addison TX 75001; 1034177003; $145; grass 2495 University, E 10' of Lot 140 and Lot 139 Finley Waples and Burtons Add; Miller, Donald N, 2495 University Ave Dubuque IA 52001; 1026105010; $ 135; grass 2286 Central, W 1/2-S 1/2-Lot 18 and W 1/2- N 1/4-Lot 16p L H Langworthy's Add; Hanen, Shawn C and Christina M, 179 S Winter Quar- ters Road Pampa TX 79065-2301; 1024130003; $135; grass 1734 Lori, Lot 1 Blk 2 Scenic View Heights #3; Kizer, Richard A and Shari L, 1734 Lori St Dubuque IA 52001; 1015482011; $170; grass 2018 N Main, Lot 20 Marsh's Add; Kieler, To- nya L, 2018 N Main St Dubuque IA 52001; 1024134019; $177.5; grass 1698 Jackson, Lot 1-37 East Dubuque Add; Eichstadt, Alexander Lee and Andress Boggs, 85 Power St Providence RI 02906; 1024268001; $130; grass 2415 Jackson, Lot 4 New Jackson Sub; Bran - del, Brian, 2304 Jackson St Dubuque IA 52001; 1013379028; $234.98; garbage 2419 Jackson, Lot 1-6 New Jackson Sub; Phk LLC 9120 Long Tail Ln Dubuque IA 52003; 1013379026; $106.65; garbage 1786 Jackson, S 1/2 Lot 32 East Dubuque Add; Neal, Phillip and Crystal 1786 Jackson St Dubuque IA 52001; 1024263002; $106.65; gar- bage 2230 Francis, S 1/2 of Lot 17 Tivoli Add; Kief- fer, Philip L, 2285 Roosevelt St Dubuque IA 52001; 1024129011; $131.65; garbage 21. Problem Property Assessment: City Manager recommended adoption of a resolu- tion authorizing the City Clerk to certify problem property charges to the Dubuque County Treasurer in order to establish real property liens for collection of such charges. Upon mo- tion the documents were received and filed, and Resolution No. 380-21 Authorizing the city to collect delinquent problem property charges in accordance with 14-1J1 International Property Maintenance Code Section 106.5 and/or Sec- tion 109.5 Code of Ordinances of the City of Dubuque, Iowa was adopted. RESOLUTION NO. 380-21 AUTHORIZING THE CITY TO COLLECT DE- LINQUENT PROBLEM PROPERTY CHARGES IN ACCORDANCE WITH 14-1J1 INTERNATIONAL PROPERTY MAINTE- NANCE CODE SECTION 106.5 AND/OR SEC- TION 109.5 CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA Whereas, residential properties in the City of Dubuque are considered hazardous or un- sanitary premises if problem properties are al- lowed to deteriorate according to 14-1J1; and Whereas, whenever in the judgment of the Code Official, a nuisance that is "palpably and indisputably such" exists which requires imme- diate action to protect the public health, safety or welfare of the public, the Code Official may order the emergency abatement of such; and Whereas, delinquent problem property charges shall be certified by the City Clerk to the Dubuque County Treasurer for collection with, and in the same manner as general prop- erty taxes. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the persons listed on the at- tached Problem Property Assessment Sched- ule are delinquent in the payment of problem property 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 Prob- lem Property Assessment Schedule are delin- quent in the payment of problem property charges in the amount set aside of the respec- tive names, and that said amounts shall be col- lected 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 1 It day of November 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk Schedule of Assessments Vacant or Abandoned Building Problem Property Assessments Location; Owner; Parcel #; Amount; Category Book 151 Regular Session, November 1, 2021 433 2804 Central; W 84'-W 170' of Lot 287 Davis Farm; JNK Properties LLC, 2224 Jill Dr. Asbury IA 52002; 1013156015; $358.70; Relocation of tenant from 2804 Central Ave. 451 W 5th; S 73' of Lot 13 Coriell's Dubuque; Engelken, Thomas A, 2022 Camelot Dr. Allen TX 75013; 1025207015; $1408.20; Relocation of tenant from 451 W 5th St. 22. Abstract of Votes for the 2021 City Pri- mary Election: City Clerk transmitted the Ab- stract of Votes for the October 5, 2021, City Pri- mary Election as certified by the Dubuque County Auditor. Upon motion the documents were received and filed. Abstract of votes Dubuque County, Iowa. We, the undersigned Members of the Board of Supervisors, and ex-officio Board of County. Canvassers, for Dubuque County, hereby cer- tify the following to be a true and correct ab- stract of the votes cast in this County at the 2021 City of Dubuque Primary Election held on the 5th day of October 2021, as shown by the tally lists returned from the server election pre- cinct. For the office of MAYOR there were four thou- sand three hundred fifteen (4315) votes casted as follows: Brad Cavanagh received two thousand two hundred twenty-seven (2227) votes. Nino Erba received Seventy -Three (73) votes. John H. Miller received fifty-six (56) votes. David Resnick - Received one thousand five hundred twenty-two (1522) votes. April White received four hundred thirty- seven (437) votes. We Therefore declare Brad Cavanaugh and David Resnick duly elected to go to the Regular City Election, November 2, 2021. For the office of DUBUQUE CITY COUNCIL AT LARGE, there were Four thousand two hun- dred fourteen (4214) votes casted as follows: Tim Flynn received six hundred eighty-eight (688) votes. Michaela Freiburger received one thousand thirty-five (1035) votes. Rick Jones received two thousand one hun- dred eighty-seven (2187) votes. Louise G. Mihalakis received three hundred and four (304) votes. We therefore declare Michaela Freiburger and Rick Jones duly elected to go to the Regu- lar City Election, November 2, 2021. In testimony whereof., we have set our hands and caused this to be attested by the clerk of the board of supervisors, with the seal of this county. Done at Dubuque City, the county seat of the County, This 7th day of October 2021. /s/Ann McDonough /s/Harley Pothoff /s/Jay Wickham Members of the Board of Supervisors and ex-officio County Board of Canvassers Attest. /s/Kevin Dragotto County Auditor and clerk of the Board of Elections. 23. 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. 381-21 Approving applications for beer, liquor, and/or wine permits, as re- quired 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. 381-21 APPROVING APPLICATIONS FOR BEER, LIQUOR, AND/OR WINE PERMITS, AS RE- QUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LI- CENSE REGULATIONS, CHAPTER 2 LIQ- UOR CONTROL, ARTICLE B LIQUOR, 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, provisionally approved, and/or approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City, and the applicants have filed the proper fees and bonds and otherwise complied with the requirements of the Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: New Applications Family Dollar Store, 2600 Dodge St. Lina's Lounge, 2055 Holliday Dr. Suite 580 PitStop Carryout, 1735 Central Ave. Renewals Aldi Incorporated #30, 2160 Holliday Dr. Dimensional Brewing Company, 67 Main St. Doghouse Lounge, 1646 Asbury Rd. Fast Freddy's, 3130 Jackson St. Happy Joe's Old Fashioned Ice Cream and Pizza Parlor, 855 Century Dr. Kwik Stop Food Mart, 4039 Pennsylvania Ave. L. May Eatery, 1072 Main St. Rainbow Lounge, 36 West 4th St. Wicked Dame, 214 West 1st St. Yen Ching Restaurant, 926 Main St. Special Event(s) per Special Event Application Submittal BPTRDBQ (Backpocket Taproom) 11/27/21 to 12/1 /21, 333 East 10th St. 434 Regular Session, November 1, 2021 Book 151 Section 1. The City Clerk is hereby author- ized and directed to cause to be issued the noted permit types to the following applicants pending submission of the locally required doc- umentation. Passed, approved, and adopted this 1st day of November 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 Far- ber. Motion carried 7-0. 1. Bee Branch Gate and Pump Replace- ment Project: City Manager recommended the City Council set a public hearing for November 15, 2021, to consider an agreement with the United States Army Corps of Engineers for the Acceptance of Consent to Easement Structures as a requirement for the City to proceed with the Bee Branch Gate and Pump Replacement Pro- ject. Upon motion the documents were received and filed and Resolution No. 382-21 Setting Date of Public Hearing on the Agreement with the Army Corps of Engineers Consent to Ease- ment Structures was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on November 15, 2021, in the Historic Federal Building. RESOLUTION NO. 382-21 SETTING DATE OF PUBLIC HEARING ON THE AGREEMENT WITH THE ARMY CORPS OF ENGINEERS CONSENT TO EASEMENT STRUCTURES Whereas, the City of Dubuque has a flood control system along the Mississippi River; and Whereas, the United States has acquired a perpetual flowage easement over Tract Nos. FIA-074, FIA-087, FIA-088, FIA-089, FIA-090, FIA-091 and FIA-120, Mississippi River Project, Pool 12, and which was recorded in Record Book 114, Pages 1-21, in the records in Dubu- que, Iowa; and Whereas, the United States has been re- quested to give consent for the installation, op- eration, and maintenance of a water pumping station to replace the existing Bee Branch Pumping Station that is part of the Dubuque, Iowa Flood Risk Management Project; and Whereas, the City of Dubuque is required to enter into an Acceptance of Consent to Ease- ment Structures in order to proceed with the im- provements associated with the Bee Branch Gate and Pump Replacement Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. A public hearing will be held by the Dubuque City Council on the 15th day of No- vember 2021 at 6:30 p.m. in the City Council Chambers of the Historic Federal Building, 350 W. 6t" Street, Dubuque, Iowa, at which time the City Council proposes to act on the Acceptance of Consent to Easement Structures between the City and the United States. Passed, adopted, and approved this 1st day of November 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 2. Request to Set for Public Hearing Pro- posed Lease Agreement Between the City of Dubuque and Comelec Internet Services: City Manager requested the City Council set a pub- lic hearing for November 15, 2021, on a lease with Comelec Internet Services for space on the 3rd Street Water Tower. Upon motion the doc- uments were received and filed and Resolution No. 383-21 Intent to dispose of an interest in real property owned by the City of Dubuque by Lease Supplement between the City of Dubu- que, Iowa and Comelec Internet Services, LLC was adopted setting a public hearing for a meet- ing to commence at 6:30 p.m. on November 15, 2021, in the Historic Federal Building. RESOLUTION NO. 383-21 INTENT TO DISPOSE OF AN INTEREST IN REAL PROPERTY OWNED BY THE CITY OF DUBUQUE BY LEASE SUPPLEMENT BE- TWEEN THE CITY OF DUBUQUE, IOWA AND COMELEC INTERNET SERVICES, LLC Whereas, the City of Dubuque, Iowa (City) is the owner of the real property described as follows: Property at 1575 West Third Street, Dubu- que, IA, legally described as Lots 23 and 24 of the Finley Home Addition in Dubuque, Iowa, Dubuque County, Iowa (the Property); and Whereas, City and Comelec Internet Ser- vices, LLC entered into a Master Lease Agree- ment dated April 1, 2019 (the Agreement), which granted Comelec the right to lease cer- tain City property for the purposes and subject to the conditions set forth in the Agreement; and Whereas, Comelec desires to lease certain space on the Water Tower on the Property as shown on Exhibit B; and Whereas, City and Comelec have tenta- tively agreed to the Lease Supplement, at- tached hereto; and Whereas, the City Council believes it is in the best interest of the City of Dubuque to ap- prove the Lease Supplement. 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 Property by Lease Supplement between City and Comelec. Book 151 Regular Session, November 1, 2021 435 Section 2. The City Clerk is hereby author- ized and directed to cause this Resolution and a notice to be published as prescribed by Iowa Code 364.7 of a public hearing on the City's in- tent to dispose of its interest in the Property by Lease Supplement, to be held on the 15th day of November, at 6:30 o'clock p.m. at the Historic Federal Building, Council Chambers, 350 W. 6th Street, Dubuque, Iowa. Passed, approved, and adopted this 1st day of November 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk BOARDS/COMMISSIONS 1. Applications were reviewed for the follow- ing Boards and Commissions. Applicants were invited to address the City Council regarding their desire to serve on the following boards/commissions. i. Resilient Community Advisory Commis- sion: One, 3-Year term through July 1, 2024 (Vacant term of Booth). Applicant: Katharine Connolly, 205 Bryant St. Ms. Connolly spoke in support of her appointment and provided a brief biography. 2. Appointments were made to the following boards/commissions. i. Civil Service Commission: One, 4-Year term through April 6, 2025 (Expired term of White) Applicant: Daniel White, 2919 Elm St. This commission is subject to the State of Iowa Gender Balance Law. 3 Commissioners total; currently 1 male/1 female/ 1 opening. Upon City Council concurrence, Mayor Buol appointed Mr. White to the four-year term through April 6, 2025. ii. Investment Oversight Advisory Commis- sion: One, 3-Year term through July 1, 2024 (Vacant term of Becker). Applicant: Molly Valaskey, 1385 Alta Vista St. Motion by Jones to appoint Ms. Valaskey to the three-year term through July 1, 2024. Seconded by Roussell. Motion carried 7-0. iii. Transit Advisory Board: One, 3-Year term through July 30, 2023 (Vacant term of Serna) and one, 3-Year term through July 30, 2024 (Expired term of Esser). Applicants: Mat- thew P. Esser, 90 Main St.; Greg Orwoll, 2635 West 32"d St.; Blake Scharpf, 1319 Forest Ln. Upon roll call vote, Mr. Orwoll was appointed to the three-year term through July 30, 2023, and Mr. Esser was appointed to the three-year term through July 30, 2024. Mr. Orwoll and Mr. Esser received all 7 votes respectively. PUBLIC HEARINGS 1. City of Dubuque Voluntary Annexation Request: Proof of publication on notice of public hearing to consider City Council approval of a 100% voluntary annexation request filed by the City of Dubuque for approximately 51.56 acres of property, and City Manager recommended approval. Motion by Cavanagh to receive and file the documents and adopt Resolution No. 384-21 Approving an application for voluntary annexation of territory to the City of Dubuque, Iowa. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 384-21 APPROVING AN APPLICATION FOR VOL- UNTARY ANNEXATION OF TERRITORY TO THE CITY OF DUBUQUE, IOWA Whereas, the City Council of Dubuque has received a written application from the City of Dubuque for the voluntary annexation of 51.56 acres of property. The property is comprised of the western on and off ramps of the intersection of the Southwest Arterial and US Hwy 151/61 and the intersection of Tamarack Drive and the Southwest Arterial as shown on Exhibit A and legally described as: All that land acquired for highway right of way by the Iowa Department of Trans- portation known as Lot A of Lot 1 of the Northwest 1/4 of the Northeast 1/4 and of Lot 1 of Lot 1 of the Northeast 1/4 of the Northeast 1/4 and of Lot 2 of the South- east 1/4 of the Northeast 1/4, all in Section 14, Township 88 North, Range 2 East of the 5th P.M., County of Dubuque, State of Iowa, containing 11.95 acres and as shown and described in the Warranty Deed filed as Instrument Number 2010- 00003964 in the Dubuque County Re- corder's Office, and All that land acquired for highway right of way by the Iowa Department of Trans- portation known as Lot B of Lot 1 of Lot 1 of the Northeast 1/4 of the Northeast 1/4 and of Lot 2 of the Southeast 1/4 of the Northeast 1/4, all in Section 14, Township 88 North, Range 2 East of the 5th P.M., County of Dubuque, State of Iowa, con- taining 0.62 acres and as shown and de- scribed in the Warranty Deed filed as In- strument Number 2011-00011776 in the Dubuque County Recorder's Office; and All that land acquired for highway right of way by the Iowa Department of Trans- portation known as Lot A of Lot 2 of the Southwest 1/4 of the Northwest 1/4, all in Section 13, Township 88 North, Range 2 East of the 5th P.M., County of Dubuque, State of Iowa, containing 7.50 acres and as shown and described in the Warranty Deed filed as Instrument Number 2010- 00007163 in the Dubuque County Re- corder's Office; and 436 Regular Session, November 1, 2021 Book 151 A part of that land acquired for highway 48°36'34" east on the northeasterly line of right of way by the Iowa Department of said Lot 2 of 1 of the Northeast 1/4 of the Transportation known as Lot A of Lot 2 of Northeast 1/4, 759.07 feet to the south- 3 of Archdiocese Place No. 2 at Key West east corner of said Lot 2 of 1 of the North - in Section 11, Township 88 North, Range east 1/4 of the Northeast 1/4, also being 2 East of the 5th P.M., County of Dubuque the northeast corner of said Lot 1 of the and of Lot 2 of the Northwest 1/4 of the Southeast 1/4 of the Northeast 1/4; thence Northeast 1/4 and of Lot 2 of 1 of the south 02°41'19" east on the easterly line Northeast 1/4 of the Northeast 1/4 and of of said Lot 1 of the Southeast 1/4 of the Lot 1 of the Southeast Quarter of the Northeast 1/4, a distance of 954.91 feet to Northeast Quarter, all in Section 14, the present northwesterly right-of-way line Township 88 North, Range 2 East of the of U.S. Highway 61; thence south 5th P.M., County of Dubuque, State of 38°00'39" west on said northwesterly Iowa, containing 51.12 acres and as right-of-way line, 485.62 feet to the point shown and described in the Warranty of beginning, containing 31.49 acres, Deed filed as Instrument Number 2011- more or less. 00018392 in the Dubuque County Re- Whereas, the annexation territory is not corder's Office, more particularly de- subject to an existing annexation moratorium scribed as follows: agreement and does not include any railroad Commencing at the east 1/4 corner of property; and said Section 14; thence South 87° (de- Whereas, the annexation territory does not grees) 30' (minutes) 08" (seconds) West include State owned property; and (assumed bearing for the purpose of this Whereas, Chapter 368 of the Code of Iowa description) on the south line of the North- authorizes this annexation by adoption of a res- east 1/4 of said Section 14, a distance of olution and required notification; and 316.67 feet to the southeast corner of said Whereas, the annexation territory is con - Lot 1 of the Southeast 1/4 of the Northeast sistent with the City's Comprehensive Plan; and 1/4 which is on the present northwesterly Whereas, the future growth and develop - right -of -way line of U.S. Highway 61, be- ment of the City of Dubuque, Iowa makes it Be- ing the point of beginning of the area sirable that the annexation territory be made herein described; thence continuing south part of the City of Dubuque, Iowa; and 87°30'08" west on said south line, also be- Whereas, the City of Dubuque has the ca- ing the south line of said Lot 1 of the pacity to provide substantial municipal services Southeast 1/4 of the Northeast 1/4, a dis- to the annexation territory; and tance of 744.37 feet to the west line of said Whereas, the annexation is in the public in - Lot 1 of the Southeast 1/4 of the Northeast terest. 1/4; thence north 01°46'59" west on said NOW THEREFORE, BE IT RESOLVED BY west line, 365.46 feet; thence north THE CITY COUNCIL OF THE CITY OF DUBU- 02°36'29" west on said west line, 258.32 QUE, IOWA: feet to the northwesterly line of said Lot 1 Section 1. That the application for the volun- of the Southeast 1/4 of the Northeast 1/4; tary annexation of property owned by the City thence north 15°33'01" east on said north- of Dubuque consisting of 51.56 acres as shown westerly line, 189.90 Feet; Thence North on Exhibit A and legally described as: 20°16'31" east on said northwesterly line, All that land acquired for highway right 100.25 feet; thence north 31'16'30" east of way by the Iowa Department of Trans - on said northwesterly line, 371.74 feet; portation known as Lot A of Lot 1 of the thence north 51 °35'55" east on said north- Northwest 1/4 of the Northeast 1/4 and of westerly line, 46.89 feet; thence north Lot 1 of Lot 1 of the Northeast 1/4 of the 26°34'03" east on said northwesterly line, Northeast 1/4 and of Lot 2 of the South- 112.65 feet to the northwest corner of said east 1/4 of the Northeast 1/4, all in Section Lot 1 of the Southeast 1/4 of the Northeast 14, Township 88 North, Range 2 East of 1/4, also being the southwest corner of the 5th P.M., County of Dubuque, State of said Lot 2 of 1 of the Northeast 1/4 of the Iowa, containing 11.95 acres and as Northeast 1/4; thence north 35°25'51" shown and described in the Warranty east on the westerly and southwesterly Deed filed as Instrument Number 2010- line of said Lot 2 of 1 of the Northeast 1/4 00003964 in the Dubuque County Re - of the Northeast 1/4, a distance of 200.90 corder's Office, and feet; thence north 01'11'53" west on said All that land acquired for highway right westerly and southwesterly line, 284.09 of way by the Iowa Department of Trans - feet; thence north 51 °36'20" west on said portation known as Lot B of Lot 1 of Lot 1 westerly and southwesterly line, 173.35 of the Northeast 1/4 of the Northeast 1/4 feet; thence south 73°41'30" east a dis- and of Lot 2 of the Southeast 1/4 of the tance of 115.82 feet; thence south Northeast 1/4, all in Section 14, Township Book 151 Regular Session, November 1, 2021 437 88 North, Range 2 East of the 5t' P.M., thence north 51 °35'55" east on said north - County of Dubuque, State of Iowa, con- westerly line, 46.89 feet; thence north taining 0.62 acres and as shown and de- 26°34'03" east on said northwesterly line, scribed in the Warranty Deed filed as In- 112.65 feet to the northwest corner of said strument Number 2011-00011776 in the Lot 1 of the Southeast 1/4 of the Northeast Dubuque County Recorder's Office; and 1/4, also being the southwest corner of All that land acquired for highway right said Lot 2 of 1 of the Northeast 1/4 of the of way by the Iowa Department of Trans- Northeast 1/4; thence north 35°25'51" portation known as Lot A of Lot 2 of the east on the westerly and southwesterly Southwest 1/4 of the Northwest 1/4, all in line of said Lot 2 of 1 of the Northeast 1/4 Section 13, Township 88 North, Range 2 of the Northeast 1/4, a distance of 200.90 East of the 5t" P.M., County of Dubuque, feet; thence north 01'11'53" west on said State of Iowa, containing 7.50 acres and westerly and southwesterly line, 284.09 as shown and described in the Warranty feet; thence north 51 °36'20" west on said Deed filed as Instrument Number 2010- westerly and southwesterly line, 173.35 00007163 in the Dubuque County Re- feet; thence south 73°41'30" east a dis- corder's Office; and tance of 115.82 feet; thence south A part of that land acquired for highway 48°36'34" east on the northeasterly line of right of way by the Iowa Department of said Lot 2 of 1 of the Northeast 1/4 of the Transportation known as Lot A of Lot 2 of Northeast 1/4, 759.07 feet to the south- 3 of Archdiocese Place No. 2 at Key West east corner of said Lot 2 of 1 of the North - in Section 11, Township 88 North, Range east 1/4 of the Northeast 1/4, also being 2 East of the 5th P.M., County of Dubuque the northeast corner of said Lot 1 of the and of Lot 2 of the Northwest 1/4 of the Southeast 1/4 of the Northeast 1/4; thence Northeast 1/4 and of Lot 2 of 1 of the south 02°41'19" east on the easterly line Northeast 1/4 of the Northeast 1/4 and of of said Lot 1 of the Southeast 1/4 of the Lot 1 of the Southeast Quarter of the Northeast 1/4, a distance of 954.91 feet to Northeast Quarter, all in Section 14, the present northwesterly right-of-way line Township 88 North, Range 2 East of the of U.S. Highway 61; thence south 5th P.M., County of Dubuque, State of 38°00'39" west on said northwesterly Iowa, containing 51.12 acres and as right-of-way line, 485.62 feet to the point shown and described in the Warranty of beginning, containing 31.49 acres, Deed filed as Instrument Number 2011- more or less. 00018392 in the Dubuque County Re- is hereby approved for annexation to the corder's Office, more particularly de- City of Dubuque. scribed as follows: Section 2. That subject to the acknowledge - Commencing at the east 1/4 corner of ment by the Secretary of State that the legal de - said Section 14; thence South 87' (de- scription, map, and resolution have been re- grees) 30' (minutes) 08" (seconds) West ceived, the corporate limits of the City of Dubu- (assumed bearing for the purpose of this que hereby be extended to include the 51.56 description) on the south line of the North- acres of property as shown on Exhibit A. east 1/4 of said Section 14, a distance of Section 3. That the City Council does 316.67 feet to the southeast corner of said hereby certify that the City of Dubuque has Lot 1 of the Southeast 1/4 of the Northeast complied with the notice and hearing require- 1/4 which is on the present northwesterly ments of the Iowa Code pertaining to 100% vol- right-of-way line of U.S. Highway 61, be- untary annexation of territory not in urbanized ing the point of beginning of the area area of another city. herein described; thence continuing south Section 4. That the territory hereby annexed 87°30'08" west on said south line, also be- shall become a part of Ward One of the City of ing the south line of said Lot 1 of the Dubuque. Southeast 1/4 of the Northeast 1/4, a dis- Section 5. That the City Clerk shall file this tance of 744.37 feet to the west line of said resolution, all exhibits and the applications for Lot 1 of the Southeast 1/4 of the Northeast voluntary annexation with the Secretary of 1/4; thence north 01°46'59" west on said State in accordance with the provisions of west line, 365.46 feet; thence north Chapter 368 of the Iowa Code. 02°36'29" west on said west line, 258.32 Passed, approved, and adopted this 1It day feet to the northwesterly line of said Lot 1 of November 2021. of the Southeast 1/4 of the Northeast 1/4; Roy D. Buol, Mayor thence north 15'33'01" east on said north- Attest: Adrienne N. Breiffelder, City Clerk westerly line, 189.90 Feet; Thence North 20°16'31" east on said northwesterly line, 2. River City Development Group LLC - Vol- 100.25 feet; thence north 31'16'30" east untary Annexation: Proof of publication on no- on said northwesterly line, 371.74 feet; tice of public hearing to consider City Council 438 Regular Session, November 1, 2021 Book 151 approval of a 100% voluntary annexation re- quest filed by River City Development Group, LLC for approximately 156.25 acres of property, and City Manager recommended approval. Mo- tion by Cavanagh to receive and file the docu- ments and adopt Resolution No. 385-21 Ap- proving an application for voluntary annexation of territory to the City of Dubuque, Iowa. Se- conded by Sprank. City Clerk Breitfelder stated that she received written input from Jack McCullough of Tamarack Property Owners As- sociation, and Kevin Dragotto, 9900 Military Rd., respectively. Ms. Breiffelder stated that some of this input is about rezoning the prop- erty, which is action the City Council may take on the property at a later date. Therefore, any rezoning input will also be mentioned during any future City Council public hearings for re- zoning the property. Motion carried 7-0. RESOLUTION NO. 385-21 APPROVING AN APPLICATION FOR VOL- UNTARY ANNEXATION OF TERRITORY TO THE CITY OF DUBUQUE, IOWA Whereas, the City Council of Dubuque has received a written application from River City Development Group, LLC for the voluntary an- nexation of 156.25 acres of property. The prop- erty is located west of the Southwest Arterial and north of Tamarack Business Park as shown on Exhibit A and legally described as: Lot 2 of Wertzberger Acres No. 3, in Ta- ble Mound Township, Dubuque County, Iowa, according to the recorded Plat thereof; and The Southwest 1/4 of the Northeast 1/4, Lot 1 of the Northwest 1/4 of the Northeast 1/4, Lot 1 of Lot 1 of the Northeast 1/4 of the Northeast 1/4, and Lot 2 of the South- east 1/4 of the Northeast 1/4, in Section 14, Township 88 North, Range 2 East of the 51h P.M., in Dubuque County, Iowa, ac- cording to United States Government Sur- vey and the recorded Plats thereof, ex- cepting therefrom that land acquired for highway right of way by the Iowa Depart- ment of Transportation known as Lot A of Lot 1 of the Northwest 1/4 of the Northeast 1/4 and of Lot 1 of Lot 1 of the Northeast 1/4 of the Northeast 1/4 and of Lot 2 of the Southeast 1/4 of the Northeast 1/4, all in Section 14, Township 88 North, Range 2 East of the 5th P.M., County of Dubuque, State of Iowa, containing 11.95 acres and as shown and described in the Warranty Deed filed as Instrument Number 2010- 00003964 in the Dubuque County Re- corder's Office, and excepting therefrom that land acquired for highway right of way by the Iowa Department of Transportation known as Lot B of Lot 1 of Lot 1 of the Northeast 1/4 of the Northeast 1/4 and of Lot 2 of the Southeast 1/4 of the Northeast 1/4, all in Section 14, Township 88 North, Range 2 East of the 5th P.M., County of Dubuque, State of Iowa, containing 0.62 acres and as shown and described in the Warranty Deed filed as Instrument Num- ber 2011-00011776 in the Dubuque County Recorder's Office Whereas, the annexation territory is not subject to an existing annexation moratorium agreement and does not include any railroad property; and Whereas, the annexation territory does not include State owned property; and Whereas, Chapter 368 of the Code of Iowa authorizes this annexation by adoption of a res- olution and required notification; and Whereas, the annexation territory is con- sistent with the City's Comprehensive Plan; and Whereas, the future growth and develop- ment of the City of Dubuque, Iowa makes it de- sirable that the annexation territory be made part of the City of Dubuque, Iowa; and Whereas, the City of Dubuque has the ca- pacity to provide substantial municipal services to the annexation territory; and Whereas, the annexation is in the public in- terest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the application for the volun- tary annexation of property owned by River City Development Group, LLC consisting of 156.25 acres as shown on Exhibit A and legally de- scribed as: Lot 2 of Wertzberger Acres No. 3, in Ta- ble Mound Township, Dubuque County, Iowa, according to the recorded Plat thereof; and The Southwest 1/4 of the Northeast 1/4, Lot 1 of the Northwest 1/4 of the Northeast 1/4, Lot 1 of Lot 1 of the Northeast 1/4 of the Northeast 1/4, and Lot 2 of the South- east 1/4 of the Northeast 1/4, in Section 14, Township 88 North, Range 2 East of the 5th P.M., in Dubuque County, Iowa, ac- cording to United States Government Sur- vey and the recorded Plats thereof, ex- cepting therefrom that land acquired for highway right of way by the Iowa Depart- ment of Transportation known as Lot A of Lot 1 of the Northwest 1/4 of the Northeast 1/4 and of Lot 1 of Lot 1 of the Northeast 1/4 of the Northeast 1/4 and of Lot 2 of the Southeast 1/4 of the Northeast 1/4, all in Section 14, Township 88 North, Range 2 East of the 5th P.M., County of Dubuque, State of Iowa, containing 11.95 acres and as shown and described in the Warranty Deed filed as Instrument Number 2010- 00003964 in the Dubuque County Re- corder's Office, and excepting therefrom that land acquired for highway right of way Book 151 Regular Session, November 1, 2021 439 by the Iowa Department of Transportation known as Lot B of Lot 1 of Lot 1 of the Northeast 1/4 of the Northeast 1/4 and of Lot 2 of the Southeast 1/4 of the Northeast 1/4, all in Section 14, Township 88 North, Range 2 East of the 5th P.M., County of Dubuque, State of Iowa, containing 0.62 acres and as shown and described in the Warranty Deed filed as Instrument Num- ber 2011-00011776 in the Dubuque County Recorder's Office; is hereby ap- proved for annexation to the City of Dubu- que. Section 2. That subject to the acknowledge- ment by the Secretary of State that the legal de- scription, map, and resolution have been re- ceived, the corporate limits of the City of Dubu- que hereby be extended to include the 156.25 acres of property as shown on Exhibit A. Section 3. That the City Council does hereby certify that the City of Dubuque has complied with the notice and hearing require- ments of the Iowa Code pertaining to 100% vol- untary annexation of territory not in urbanized area of another city. Section 4. That the territory hereby annexed shall become a part of Ward One of the City of Dubuque. Section 5. That the City Clerk shall file this resolution, all exhibits and the applications for voluntary annexation with the Secretary of State in accordance with the provisions of Chapter 368 of the Iowa Code. Passed, approved, and adopted this 1st day of November 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 3. Second Amendment to Lease Agreement Between the City of Dubuque and Iowa Grey- hound Association: Proof of publication on no- tice of public hearing to consider City Council approval of the Second Amendment to Lease Agreement between the City of Dubuque and the Iowa Greyhound Association which modi- fies the end date of the lease from December 31, 2025, to July 31, 2022, and City Manager recommended approval. Motion by Jones to re- ceive and file the documents and adopt Reso- lution No. 386-21 Disposing of an Interest in Real Estate by approving the Second Amend- ment to Lease Agreement between the City of Dubuque, Iowa, and Iowa Greyhound Associa- tion. Seconded by Cavanagh. Responding to a question from the City Council, City Manager Van Milligen stated that the city's Chaplain Schmitt Island Master Plan includes this prop- erty, thus opportunities for re -development will be considered. Motion carried 7-0. RESOLUTION NO. 386-21 DISPOSING OF AN INTEREST IN REAL ES- TATE BY APPROVING THE SECOND AMENDMENT TO LEASE AGREEMENT BE- TWEEN THE CITY OF DUBUQUE, IOWA, AND IOWA GREYHOUND ASSOCIATION Whereas, the City and the Iowa Greyhound Association are the parties to a Lease Agree- ment dated November 17, 2014; and Whereas, the City and the Iowa Greyhound Association entered into an Amendment to Lease Agreement on September 4, 2018; and Whereas, the parties by this amendment desire and intend to amend certain provisions; and Whereas, the parties now agree to amend the Lease Agreement as set forth in the at- tached Second Amendment to Lease Agree- ment; and Whereas, the City Council believes it is in the best interests of the City of Dubuque to ap- prove the Second Amendment to Lease Agree- ment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA AS FOLLOWS: Section 1. The Second Amendment to Lease Agreement between the City of Dubuque and Iowa Greyhound Association attached hereto is approved. Passed, approved, and adopted this 1 st day of November 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 4. Resolution of Adoption for the Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic Develop- ment District Urban Renewal Plan, Version 2021.6: Proof of publication on notice of public hearing to consider City Council approval of the Joint Agreement between the City of Dubuque and Dubuque County and approval of a Reso- lution of Adoption for the Amended and Re- stated Urban Renewal Plan for the Dubuque In- dustrial Center Economic Development District ("District"), Version 2021.6, and City Manager recommended approval. Motion by Roussell to receive and file the documents and adopt Res- olution No. 387-21 Approving the Amended and Restated Urban Renewal Plan, Version 2021.6, for the Dubuque Industrial Center Economic Development District. Seconded by Farber. Mo- tion carried 7-0. RESOLUTION NO. 387-21 APPROVING THE AMENDED AND RE- STATED URBAN RENEWAL PLAN, VER- SION 2021.6, FOR THE DUBUQUE INDUS- TRIAL CENTER ECONOMIC DEVELOPMENT DISTRICT Whereas, by Resolution 341-21 on October 4, 2021, the City Council of the City of Dubuque, Iowa authorized the preparation of an Amended and Restated Urban Renewal Plan (the "Amended and Restated Urban Renewal Plan" 440 Regular Session, November 1, 2021 Book 151 or "Plan") for the Dubuque Industrial Center Economic Development District (the "District"); and Whereas, the Amended and Restated Ur- ban Renewal Plan for the District, Version 2021.6, is on file in the City Clerk's Office; and Whereas, the City Council's primary objec- tive for the Amended and Restated Urban Re- newal Plan for the District is to expand the Dis- trict by adding Subarea P to provide opportuni- ties which will further economic development purposes and objectives as described in the Plan; and Whereas, because a portion of the property to be included in the District is outside the cor- porate limits of the City of Dubuque, Iowa Code Section 403.17(4) requires a joint agreement between the City and the County before the City can proceed with expansion of the District; and Whereas, the Board of Supervisors of Dubuque County, Iowa has reviewed the area proposed to be added to the District and con- sents to, agrees, and authorizes the City to pro- ceed with the addition of the property to the Dis- trict; and Whereas, a consultation process has been undertaken with affected taxing entities in ac- cordance with Chapter 403 of the Code of Iowa and no written objections or recommended changes to the Plan have been received; and Whereas, the City Council, in accordance with Chapter 403 of the Code of Iowa, has held a public hearing on the Amended and Restated Urban Renewal Plan after public notice thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor is hereby author- ized and directed to execute the Joint Agree- ment on behalf of the City of Dubuque and the City Clerk is authorized and directed to attest to his signature. Section 2. That the Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic Development District, Ver- sion 2021.6, is hereby approved. Section 3. That a feasible method exists for the location of any families who will be dis- placed from the District, as amended, into de- cent, safe, and sanitary dwelling accommoda- tions within their means and without undue hardship to such families; and that the Amended and Restated Plan conforms to the general plan of the City as a whole. With re- spect to any real property in the District ac- quired by the City in connection with the land and projects included in the Plan, non-residen- tial use is expected and with reference to those portions thereof which are to be developed for non-residential uses, such non-residential uses are necessary and appropriate to facilitate the proper growth and development of the City in accordance with sound planning standards and local community objectives. Section 4. That the District, as amended, continues to be an area for economic develop- ment (commercial and industrial) within the meaning of Iowa Code Chapter 403; that such area is eligible for designation as an urban re- newal area and otherwise meets all requisites under the provisions of Iowa Code Chapter 403; and that the rehabilitation, conservation, rede- velopment, development, or a combination thereof, of such area is necessary in the interest of the public health, safety or welfare of the res- idents of this City. Section 5. That, notwithstanding any resolu- tion, ordinance, plan, amendment, or any other document, the Amended and Restated Plan shall be in full force and effect from the date of this Resolution until the Council amends or re- peals the Plan. Passed, approved, and adopted this 1 st day of November 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 5. Chavenelle Road Hike Bike Trail Phase 2: Proof of publication on notice of public hear- ing to consider City Council approval of the award of the Chavenelle Road Hike Bike Trail Phase 2 Project contract to the low bidder, Mid- west Concrete, Inc., in the amount of $404,781.20, subject to Iowa DOT approval, and City Manager recommended approval. Mo- tion by Jones to receive and file the documents and adopt Resolution Nos. 388-21 Approval of plans, specifications, form of contract, and esti- mated cost for the Chavenelle Road Hike -Bike Trail — Phase 2 Project Iowa DOT Project No. EDP-2100(696)— 7Y-31; and 389-21 Awarding Public Improvement Contract for the Cha- venelle Road Hike -Bike Trail — Phase 2 Project Iowa DOT Project No. EDP-2100(696)-7Y-31. Seconded by Sprank. Motion carried 7-0. RESOLUTION NO. 388-21 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE CHAVENELLE ROAD HIKE - BIKE TRAIL — PHASE 2 PROJECT IOWA DOT PROJECT NO. EDP-2100(696)-7Y-31 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the Cha- venelle Road Hike -Bike Trail — Phase 2 Project Iowa Dot Project No. EDP-2100(696)-7Y-31, in the estimated amount $452,589.00, are hereby approved. Passed, adopted, and approved this this 1 st day of November 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk Book 151 Regular Session, November 1, 2021 441 RESOLUTION NO. 389-21 AWARDING PUBLIC IMPROVEMENT CON- TRACT FOR THE CHAVENELLE ROAD HIKE -BIKE TRAIL — PHASE 2 PROJECT IOWA DOT PROJECT NO. EDP-2100(696)- 7Y-31 Whereas, said sealed proposals were opened and read by the Iowa Department of Transportation on the 19th day of October 2021 and it has been determined that Midwest Con- crete, Inc. of Peosta, IA, with a bid in the amount of $404,781.20 is the lowest respon- sive, responsible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That a Public Improvement Contract for the Project is hereby awarded to Midwest Con- crete, Inc., subject to the concurrence by Iowa Department of Transportation (laDOT), and the City Manager is hereby directed to execute a Public Improvement Contract on behalf of the City of Dubuque for the Project. Passed, approved, and adopted this this 1 st day of November 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk ACTION ITEMS 1. Approval of 28E Agreement Between the City of Dubuque, Dubuque County Conserva- tion Board, Iowa Department of Natural Re- sources, and the Friends of the Mines of Spain: City Manager recommended City Council ap- proval of the 28E Agreement between the City of Dubuque, Dubuque County Conservation Board, Iowa Department of Natural Resources, and the Friends of the Mines of Spain for the Mines of Spain Recreation Area and E.B. Lyons Interpretive Center. Motion by Roussell to re- ceive and file the documents and approve the agreement. Seconded by Sprank. Motion car- ried 7-0. 2. Forgivable Loan Pilot Program to Incen- tivize Housing Creation in Central Avenue Cor- ridor: City Manager recommended approval of a pilot program using no more than $200,000 of currently available funds in the Downtown Housing Creation CIP to incentivize the addition of quality affordable residential choices in the Central Avenue Corridor. Motion by Sprank to receive and file the documents and approve the program. Seconded by Resnick. City Council expressed support for the program and stated that emphasis is needed in the Central Avenue Corridor. Motion carried 7-0. 3. Amending a Tax Increment Ordinance for the Dubuque Industrial Center Economic De- velopment District, as Amended by Version 2021.6 of the Amended and Restated Plan: City Manager recommended City Council adopt an ordinance amending the most recent Ordinance for the Dubuque Industrial Center Economic Development District ("District") as the District's boundaries were amended by Version 2021.6 of the Amended and Restated Urban Renewal Plan. Motion by Jones to receive and file the documents and that the requirement that a pro- posed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be sus- pended. Seconded by Farber. Motion carried 7- 0. Motion by Jones for final consideration and passage of Ordinance No. 37-21 Amending Or- dinance No. 32-21, previously amended, providing that general property taxes levied and collected each year on all property located within the Amended and Restated Dubuque In- dustrial Center Economic Development District Urban Renewal Area of the City of Dubuque, County of Dubuque, State of Iowa, by and for the benefit of the State of Iowa, City of Dubu- que, County of Dubuque, Dubuque Community School District, and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said city in connection with the Amended and Restated Dubuque Industrial Center Economic Development District Urban Renewal Redevelopment Project by adding Subarea P to the division of revenues. Se- conded by Cavanagh. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 37-21 AMENDING ORDINANCE NO. 32-21, PREVI- OUSLY AMENDED, PROVIDING THAT GEN- ERAL PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR ON ALL PROP- ERTY LOCATED WITHIN THE AMENDED AND RESTATED DUBUQUE INDUSTRIAL CENTER ECONOMIC DEVELOPMENT DIS- TRICT URBAN RENEWAL AREA OF THE CITY OF DUBUQUE, COUNTY OF DUBU- QUE, STATE OF IOWA, BY AND FOR THE BENEFIT OF THE STATE OF IOWA, CITY OF DUBUQUE, COUNTY OF DUBUQUE, DUBU- QUE COMMUNITY SCHOOL DISTRICT, AND OTHER TAXING DISTRICTS, BE PAID TO A SPECIAL FUND FOR PAYMENT OF PRINCI- PAL AND INTEREST ON LOANS, MONIES ADVANCED TO AND INDEBTEDNESS, IN- CLUDING BONDS ISSUED OR TO BE IS- SUED, INCURRED BY SAID CITY IN CON- NECTION WITH THE AMENDED AND RE- STATED DUBUQUE INDUSTRIAL CENTER ECONOMIC DEVELOPMENT DISTRICT UR- BAN RENEWAL REDEVELOPMENT PRO- JECT BY ADDING SUBAREA P TO THE DIVI- SION OF REVENUES 442 Regular Session, November 1, 2021 Book 151 Whereas, the Amended and Restated Ur- ban Renewal Plan for the Dubuque Industrial Center Economic Development District (the "District") described in Resolution No. 130-88 was adopted on May 2, 1988 and was thereaf- ter amended and restated by Resolution No. 484-90 on December 17, 1990, Resolution No. 142-97 on April 7, 1997, Resolution No. 478-97 on November 17, 1997, Resolution No. 15-08 on January 7, 2008, Resolution No. 101-08 on March 17, 2008, Resolution No. 109-08 on April 7, 2008, Resolution No. 87-11 on March 7, 2011, Resolution No. 171-13 on June 3, 2013, Resolution No. 197-15 on June 1, 2015, Reso- lution No. 309-15 on September 8, 2015, Res- olution No. 132-16 on September 19, 2016, Resolution No. 157-18 and Resolution No. 158- 18 on May 21, 2018, Resolution 380-18 on De- cember 17, 2018, Resolution 125-21 and Res- olution 126-21 on April 19, 2021, Resolution 323-21 and Resolution 324-21 on September 20, 2021, and Resolution 387-21 on November 1, 2021 (as amended and restated, the "Urban Renewal Plan" or "Amended and Restated Ur- ban Renewal Plan"); and Whereas, the City Council of the City of Dubuque, Iowa originally provided for the divi- sion of taxes pursuant to Section 403.19 of the Code of Iowa within the District in Ordinance No. 26-88 passed and approved on May 2, 1988 and thereafter amended and restated by Ordinance No. 63-88 on December 5, 1988, by Ordinance No. 66-97 on November 17, 1997, by Ordinance No. 70-08 on October 20, 2008, by Ordinance No. 10-14 on February 3, 2014, by Ordinance No. 39-15 on June 1, 2015, by Ordinance No. 55-15 on September 8, 2015, by Ordinance No. 49-16 on September 19, 2016, Ordinance 18-18 on May 21, 2018, by Ordi- nance 45-18 on December 17, 2018, by Ordi- nance 15-21 and Ordinance 16-21 on April 19, 2021, by Ordinance 22-21 on June 7, 2021, and by Ordinance 31-21 and Ordinance 32-21 on September 20, 2021; and Whereas, indebtedness has been incurred by the City, and additional indebtedness is an- ticipated to be incurred in the future, to finance urban renewal project activities within the Dis- trict, and the continuing needs of redevelop- ment within the District are such as to require the continued application of the incremental tax resources of the District; and Whereas, the following enactment is neces- sary to accomplish the objectives described in the premises. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA, THAT: Ordinance Number 32-21 is hereby amended to read as follows: Section 1: For purposes of this Ordinance, the following terms shall have the following meanings: (a) Original Project Area means that por- tion of the City of Dubuque, Iowa described in the Urban Renewal Plan for the District approved by Resolution No. 130-88 on May 2, 1988, and subsequently amended by Resolution No. 484-90 on December 17, 1990, which Original Project Area includes the lots and parcels located within the area now legally described as follows: All of Dubuque Industrial Center Eighth Addition; and All of Lot 1 Dubuque Industrial Center 13th Addition; and Lot 2 Dubuque Industrial Center 13th Addition; and Lot 1-2-2 Dubuque Industrial Center Fifth Addition; and Lot 1 Dubuque Industrial Center Fifth Addition; and Lot 1 Dubuque Industrial Center 11th Addition; and Lot 1 of 2 of Dubuque Industrial Center Fifth Addition; and Lot 1 of 2 of Dubuque Industrial Center Fifth Addition; and Lot 1-3 Dubuque Industrial Center 12th Addition; and Lot 1 of lot 3 of final plat of lot 1 of Dubuque Industrial Center First Addi- tion; and Lot 1 Dubuque Industrial Center 10th Addition; and Lot 2-3 Dubuque Industrial Center 12th Addition; and Lots 1 and 2 of final plat of lot 1 of Dubuque Industrial Center First Addi- tion; and Lot 1 Dubuque Industrial Center 121h Addition; and Lot 2 Dubuque Industrial Center Ninth Addition; and Lot 2 Dubuque Industrial Center 12th Addition; and Lot 2-2 Dubuque Industrial Center Sixth Addition; and Lot 3 Dubuque Industrial Center Ninth Addition; and Lot 1 Dubuque Industrial Center Sixth Addition; and Lot 2 of 2 Dubuque Industrial Center 7th Addition; and Lot 2-1 Walter Addition; and Lot 2-1 Walter Addition; and And all adjoining public right-of-way, all in the City of Dubuque, Dubuque County, Iowa. The Original Project Area is referred to as "Subarea A" in the Urban Renewal Plan hereinafter described. (b) Subarea B has been removed from the division of revenues by Ordinance 22-21 on June 7, 2021. Book 151 Regular Session, November 1, 2021 443 (c) Subarea C means that portion of the City of Dubuque, Iowa described as Sub- area C in the Amended and Restated Urban Renewal Plan for the District approved by Resolution No. 324-21 on September 20, 2021, which Subarea C includes the lots and parcels located within the area legally described as follows: Lots 1 and 2 of Dubuque Industrial Center North Second Addition; and Lots 2, 3, C and A of Dubuque Indus- trial Center North First Addition, except- ing that Part of said Lot A originally plat- ted as Lot 2 of the SW '/4 of the NW '/4 of Sec. 30, T89N, R2E of the 5th PM; and any adjoining public street right-of-way, all in the City of Dubuque, Dubuque County, Iowa, except those lots and par- cels included in Subarea K and those lots and parcels included in Subarea O. (d) Subarea D means that portion of the City of Dubuque, Iowa described as Sub- area D in the Amended and Restated Urban Renewal Plan for the District approved by Resolution No. 109-08 on April 7, 2008, which Subarea D includes the lots and par- cels located within the area legally de- scribed as follows: Lots 1, 2, and B and all of the right of way of Chavenelle Court in Dubuque Industrial Center West 8th Addition in the City of Dubuque, Dubuque County, Iowa. (e) Subarea E means that portion of the City of Dubuque, Iowa described as Sub- area E in the Amended and Restated Urban Renewal Plan for the District approved by Resolution No. 87-11 on March 7, 2011, which Subarea E includes the lots and par- cels located within the area legally de- scribed as follows: All of Lot 1 of 1 and Lot 1 of 2 of the South Fork Subdivision No. 1 as origi- nally platted, including any adjoining public street right-of-way to said lots, all in the City of Dubuque, Dubuque County, Iowa; and All of Seippel Road right of way from the north boundary line of Lot 1 of 1 of South Fork Subdivision No. 1 in the City of Dubuque, to the south boundary lines of Lot H of Dubuque Industrial Center West and Lot 1 of Dubuque Industrial Center West 2"d Addition in the City of Dubuque, Dubuque County, Iowa, in- cluding crossings at the intersections of Old Highway Road and Chicago Central and Pacific Railroad rights -of -way. (f) Subarea F means that portion of the City of Dubuque, Iowa, and Dubuque County described as Subarea F in the Amended and Restated Urban Renewal Plan for the District approved by Resolution No. 197-15 on June 1, 2015, which Subarea F includes the lots and parcels located within the area legally described as follows: Lot one (1) of Graf Farm Subdivision #2, Dubuque County, Iowa, according to the recorded plat thereof; Lot 1 of Lot 1 of Lot 1 of Lot 1 of West One-half of Northeast One - quarter, Section 25, Township 89 North, Range 1 East of the 51h P.M., in Center Township, Dubuque County, Iowa; Lot 2 in "W.A. Norman Place" in Section 25, Center Township, Dubuque County, Iowa, accord- ing to the plat thereof; and The NW 1/4 of the SE 1/4 of Section 25, Township 89 North, Range 1 East of the 5th P.M., in Cen- ter Township, Dubuque County, Iowa. (g) Subarea G means that portion of the City of Dubuque, Iowa, and Dubuque County described as Subarea G in the Amended and Restated Urban Renewal Plan for the District approved by Resolution No. 309-15 on September 8, 2015, which Subarea G includes the lots and parcels lo- cated within the area legally described as follows: The South one-half of the North- west Quarter of Section 29, Township 89 North, Range 2 East of the 5th P.M., in the City of Dubuque, Iowa. Lot 1 of Lot 1 of the Northwest Quarter of the Northwest Quarter of Section 29, Township 89 North, Range 2 East of the 5th P.M., in the City of Dubuque, Iowa. Lot 2 of McFadden Farm Place #2, in the City of Dubuque, Iowa. Lot 2 of McFad- den Farm Place, in the City of Dubuque, Iowa. Lot A of Lot 1 of 1 of the Southwest Quarter of the Southwest Quarter of Section 29, Township 89 North, Range 2 East of the 5th P.M., in the City of Dubuque, Iowa. Lot A of Lot 1 of 1 of the Northwest Quarter of the Southwest Quarter of Section 29, Township 89 North, Range 2 East of the 5th P.M., in the City of Dubuque, Iowa. All in the City of Dubuque, Dubuque County, Iowa. (h) Subarea H means that portion of the City of Dubuque, Iowa, and Dubuque County described as Subarea H in the Amended and Restated Urban Renewal Plan for the District approved by Resolution No. 332-16 on September 19, 2016, which Subarea H includes the lots and parcels lo- cated within the area legally described as follows: Lot 1 of the Northeast '/4 of the Northeast '/4, and Lot 2 of Lot 1 of Lot 1 of Lot 2 of the Northeast 1/4 of the Northeast 1/4, of Section 30, in Township 89 North, Range 2 East of the 5th P.M., in the City of Dubu- que, Iowa. (i) Subarea I means that portion of the City of Dubuque, Iowa, and Dubuque County de- scribed as Subarea I in the Amended and Restated Urban Renewal Plan for the Dis- trict approved by Resolution No. 332-16 on September 19, 2016, which Subarea I in- cludes the lots and parcels located within 444 Regular Session, November 1, 2021 Book 151 the area legally described as follows: Lot 2 Seippel Road Place #2, Dubuque County, Iowa. Lot 2-1-1 of the Southeast Quarter of the Southeast Quarter of Section 25, Town- ship 89 North, Range 2 East of the 5th P.M., Dubuque County, Iowa 0) Subarea J means that portion of the City of Dubuque, Iowa, and Dubuque County described as Subarea J in the Amended and Restated Urban Renewal Plan for the District approved by Resolution No. 332-16 on September 19, 2016, which Subarea J includes the lots and parcels lo- cated within the area legally described as follows: Lot 2 Julien Care Place, Dubuque County, Iowa Lot 3 Julien Care Place, Dubuque County, Iowa Lot 2-1 Julien Care Place, Dubuque County, Iowa (k) Subarea K means that portion of the City of Dubuque, Iowa, removed from Subarea C of the District by Version 2018.1 of the Amended and Restated Plan for the District approved by Resolu- tion No. 157-18, and added to the District by Version 2018.2 of the Amended and Restated Plan for the District approved by Resolution No. 158-18 as Subarea K, all on May 21, 2018, which Subarea K in- cludes the lots and parcels located within the area legally described as follows: Lot 1 of Dubuque Industrial Center North Third Addition, in the City of Dubuque, Iowa. (1) Subarea L means that portion of the City of Dubuque, Iowa described as Sub- area L in the Amended and Restated Ur- ban Renewal Plan for the District ap- proved by Resolution 380-18 on Decem- ber 17, 2018, which Subarea L includes the lots and parcels located within the area legally described as follows: Lot 1 of Loretta Bahl's Homestead, in the City of Dubuque, Iowa, comprised of Lot 1 of the West 30 Acres of the Southwest'/ of the Southeast '/4, Section 19, Township 89 North, Range 2 East of the 5th P.M. all in the City of Dubuque, Dubuque County, Iowa. (m) Subarea M means that portion of the City of Dubuque, Iowa described as Sub- area M in the Amended and Restated Ur- ban Renewal Plan for the District ap- proved by Resolution 380-18 on Decem- ber 17, 2018, which Subarea M includes the lots and parcels located within the area legally described as follows: Lot 2 of the Subdivision of Lot 2 of the Northeast '/4 of the Northeast'/4 of Section 30, Town- ship 89 North, Range 2 East of the 5th P.M. all in the City of Dubuque, Dubuque County, Iowa. (n) Subarea N means that portion of the City of Dubuque, Iowa described as Sub- area N in the Amended and Restated Ur- ban Renewal Plan for the District ap- proved by Resolution 126-21 on April 19, 2021, which Subarea N includes the lots and parcels located within the area legally described as follows: Lot 1 of Dubuque In- dustrial Center North First Addition, in the City of Dubuque, Iowa; and All of the street right of way of Innovation Drive ad- jacent to Lot 1 of Dubuque Industrial Cen- ter North First Addition, in the City of Dubuque, Iowa. All in the City of Dubuque, Iowa (o) Subarea O means that portion of the City of Dubuque, Iowa removed from Sub- area C and now described as Subarea O in the Amended and Restated Urban Re- newal Plan for the District approved by Resolution 324-21 on September 20, 2021, which Subarea O includes the lots and parcels located within the area legally described as follows: Lot 2 of Dubuque In- dustrial Center North Third Addition, in the City of Dubuque, Iowa; and A Part of Lot C in Dubuque Industrial Center North First Addition in the City of Dubuque, Iowa, be- ing more particularly described as follows: Commencing at the northwest corner of Lot 1 in Dubuque Industrial Center North Second Addition in the City of Dubuque, Iowa; Thence North 87 degrees 35 minutes 13 seconds East along the north line of said Lot 1, 65.47 feet to the Point of Beginning; Thence North 87 degrees 35 minutes 13 seconds East continuing along said north line of Lot 1, 467.29 feet; Thence South 82 degrees 04 minutes 06 seconds East continuing along said north line of Lot 1, 212.63 feet; Thence North 19 degrees 12 minutes 36 seconds East, 433.37 feet, to a point on the easterly line of Lot 2 in Dubuque Industrial Center North Third Addition in the City of Dubu- que, Iowa; Thence North 90 degrees 00 minutes 00 seconds West, 231.12 feet; Thence North 60 degrees 11 minutes 47 seconds West, 280.07 feet; Thence North 51 degrees 38 minutes 25 seconds West, 318.12 feet; Thence South 57 degrees 28 minutes 14 seconds West, 86.87 feet; Thence South 18 degrees 59 minutes 51 seconds East, 140.84 feet; Thence South 51 degrees 57 minutes 52 seconds East, 101.08 feet; Thence South 01 degree 57 minutes 06 seconds East, 108.09 feet; Thence South 33 degrees 59 minutes 54 seconds East, 90.10 feet; Thence South 44 degrees 57 minutes 34 seconds East, 130.53 feet; Thence South 12 degrees 19 Book 151 Regular Session, November 1, 2021 445 minutes 12 seconds West, 171.97 feet; Thence South 87 degrees 35 minutes 13 seconds West, 260.33 feet; Thence South 02 degrees 35 minutes 19 seconds East, 40.00 feet, to the Point of Beginning, said part of Lot C contains 6.59 acres, more or less. All in the City of Dubuque, Iowa (p) Subarea P means that portion of Dubuque County and the City of Dubu- que, Iowa described as Subarea P in the Amended and Restated Urban Renewal Plan for the District approved by Resolu- tion 387-21 on November 1, 2021, which Subarea P includes the lots and parcels located within the area legally described as follows: Lot 2 of Wertzberger Acres No. 3, in Table Mound Township, Dubuque County, Iowa, according to the recorded Plat thereof; and The Southwest 1/4 of the Northeast 1/4, Lot 1 of the Northwest 1/4 of the Northeast 1/4, Lot 1 of Lot 1 of the Northeast 1/4 of the Northeast 1/4, and Lot 2 of the Southeast 1/4 of the Northeast 1/4, in Section 14, Township 88 North, Range 2 East of the 5th P.M., in Dubuque County, Iowa, according to United States Government Survey and the recorded Plats thereof, excepting therefrom that land acquired for highway right of way by the Iowa Department of Transportation known as Lot A of Lot 1 of the Northwest 1/4 of the Northeast 1/4 and of Lot 1 of Lot 1 of the Northeast 1/4 of the Northeast 1/4 and of Lot 2 of the Southeast 1/4 of the Northeast 1/4, all in Section 14, Township 88 North, Range 2 East of the 5th P.M., County of Dubuque, State of Iowa, con- taining 11.95 acres and as shown and de- scribed in the Warranty Deed filed as In- strument Number 2010-00003964 in the Dubuque County Recorder's Office, and excepting therefrom that land acquired for highway right of way by the Iowa Depart- ment of Transportation known as Lot B of Lot 1 of Lot 1 of the Northeast 1/4 of the Northeast 1/4 and of Lot 2 of the South- east 1/4 of the Northeast 1/4, all in Section 14, Township 88 North, Range 2 East of the 5th P.M., County of Dubuque, State of Iowa, containing 0.62 acres and as shown and described in the Warranty Deed filed as Instrument Number 2011-00011776 in the Dubuque County Recorder's Office; and All that land acquired for highway right of way by the Iowa Department of Transportation known as Lot A of Lot 1 of the Northwest 1/4 of the Northeast 1/4 and of Lot 1 of Lot 1 of the Northeast 1/4 of the Northeast 1/4 and of Lot 2 of the South- east 1/4 of the Northeast 1/4, all in Section 14, Township 88 North, Range 2 East of the 5th P.M., County of Dubuque, State of Iowa, containing 11.95 acres and as shown and described in the warranty deed filed as instrument number 2010- 00003964 in the Dubuque County Re- corder's Office, and All that land acquired for highway right of way by the Iowa De- partment of Transportation known as Lot B of Lot 1 of Lot 1 of the Northeast 1/4 of the Northeast 1/4 and of Lot 2 of the Southeast 1/4 of the Northeast 1/4, all in Section 14, Township 88 North, Range 2 East of the 5th P.M., County of Dubuque, State of Iowa, containing 0.62 acres and as shown and described in the warranty deed filed as instrument number 2011- 00011776 in the Dubuque County Re- corder's Office; and All that land acquired for highway right of way by the Iowa De- partment of Transportation known as Lot A of Lot 2 of the Southwest 1/4 of the Northwest 1/4, all in Section 13, Township 88 North, Range 2 East of the 5th P.M., County of Dubuque, State of Iowa, con- taining 7.50 acres and as shown and de- scribed in the warranty deed filed as in- strument number 2010-00007163 in the Dubuque County Recorder's Office; and A part of that land acquired for highway right of way by the Iowa Department of Trans- portation known as Lot A of Lot 2 of 3 of Archdiocese Place No. 2 at Key West in Section 11, Township 88 North, Range 2 East of the 5th P.M., County of Dubuque and of Lot 2 of the Northwest 1/4 of the Northeast 1/4 and of Lot 2 of 1 of the Northeast 1/4 of the Northeast 1/4 and of Lot 1 of the Southeast Quarter of the Northeast Quarter, all in Section 14, Township 88 North, Range 2 East of the 5th P.M., County of Dubuque, State of Iowa, containing 51.12 acres and as shown and described in the warranty deed filed as instrument number 2011- 00018392 in the Dubuque County Re- corder's Office, more particularly de- scribed as follows: Commencing at the east 1/4 corner of said section 14; thence south 87' (degrees) 30' (minutes) 08" (seconds) west (assumed bearing for the purpose of this description) on the south line of the northeast 1/4 of said section 14, a distance of 316.67 feet to the southeast corner of said lot 1 of the southeast 1/4 of the northeast 1/4 which is on the present northwesterly right-of-way line of U.S. highway 61, being the point of beginning of the area herein described; thence con- tinuing south 87°30'08" west on said south line, also being the south line of said lot 1 of the southeast 1/4 of the northeast 1/4, a distance of 744.37 feet to the west line of said lot 1 of the southeast 1/4 of the northeast 1/4; thence north 01°46'59" west on said west line, 365.46 feet; thence 446 Regular Session, November 1, 2021 Book 151 north 02°36'29" west on said west line, 258.32 feet to the northwesterly line of said lot 1 of the southeast 1/4 of the north- east 1/4; thence north 15°33'01" east on said northwesterly line, 189.90 feet; thence north 20'16'31" east on said north- westerly line, 100.25 feet; thence north 31°16'30" east on said northwesterly line, 371.74 feet; thence north 51 °35'55" east on said northwesterly line, 46.89 feet; thence north 26°34'03" east on said north- westerly line, 112.65 feet to the northwest corner of said lot 1 of the southeast 1/4 of the northeast 1/4, also being the south- west corner of said lot 2 of 1 of the north- east 1/4 of the northeast 1/4; thence north 35°25'51" east on the westerly and south- westerly line of said lot 2 of 1 of the north- east 1/4 of the northeast 1/4, a distance of 200.90 feet; thence north 01°11'53" west on said westerly and southwesterly line, 284.09 feet; thence north 51 °36'20" west on said westerly and southwesterly line, 173.35 feet; thence south 73°41'30" east a distance of 115.82 feet; thence south 48°36'34" east on the northeasterly line of said lot 2 of 1 of the northeast 1/4 of the northeast 1/4, 759.07 feet to the southeast corner of said lot 2 of 1 of the northeast 1/4 of the northeast 1/4, also being the northeast corner of said lot 1 of the south- east 1/4 of the northeast 1/4; thence south 02°41'19" east on the easterly line of said lot 1 of the southeast 1/4 of the northeast 1/4, a distance of 954.91 feet to the pre- sent northwesterly right-of-way line of U.S. highway 61; thence south 38°00'39" west on said northwesterly right-of-way line, 485.62 feet to the point of beginning, containing 31.49 acres, more or less; and An 80-foot-wide strip of land in the South- east Half of Section 31, Township 89 North, Range 2 East, The Southwest Quarter of Section 32, Township 89 North, Range 2 East, the North Half of Section 5, Township 88 North, Range 2 East, the Northwest, Northeast, and Southeast Quarters of Section 4, Township 88 North, Range 2 East, the South Half of Section 3, Township 88 North, Range 2 East, the Southwest Quarter of Section 2, Township 88 North, Range 2 East, the Northwest, Northeast, and Southeast Quarters of Section 11, Township 88 North, Range 2 East, and the Northeast Quarter of Sec- tion 14, Township 88 North, Range 2 East, of the Fifth Principal Meridian, centered on the following described line: Commencing at the Southeast Corner of Lot B, Dubu- que Industrial Center South First Addition, in the City of Dubuque, Dubuque County, Iowa (Record Doc. #2014-1397), at the Northerly Right -of -Way of Seippel Road; thence South 35°44'18" East (Record North 35'52'10" West) along the East Line of said First Addition, 11.13 feet; thence South 10°51'45" East, 40.00 feet to the centerline of Seippel Road, the Point of Beginning; thence North 79°08'15" East along said centerline, 1004.09 feet; thence Easterly along the centerline of U. S. Highway 52 and the extension thereof an arc length of 880.50 feet along a 1,200.00 foot radius curve being concave southerly, having a long chord of South 79°50'32" East, 860.88 feet; thence South 58°49'18" East along said centerline of U. S. Highway 52, 2,489.33 feet; thence Southeasterly along said centerline of U. S. Highway 52 an arc length of 3,363.36 feet along a 12,000.00 foot radius curve being concave Northeasterly, having a long chord of South 66°51'04" East, 3,352.36 feet; thence South 74°52'50" East along said centerline of U. S. High- way 52, 1318.07 feet; thence Southeast- erly along said centerline of U. S. Highway 52 an arc length of 1,569.39 feet along a 12,000.00 foot radius curve being con- cave Southwesterly, having a long chord of South 71°08'02" East, 1,568.27 feet; thence South 67°23'15" East along said centerline of U. S. Highway 52, 1093.39 feet; thence Southeasterly along said cen- terline of U. S. Highway 52 an arc length of 1,414.18 feet along a 23,000.00 foot ra- dius curve being concave Southwesterly, having a long chord of South 65°37'33" East, 1,413.95 feet; thence South 63°51'52" East along said centerline of U. S. Highway 52, 947.44 feet; thence South- easterly along said centerline of U. S. Highway 52 an arc length of 1,134.73 feet along a 8,000.00 foot radius curve being concave Northeasterly, having a long chord of South 67°55'41" East, 1,133.78 feet; thence South 71 °59'29" East along said centerline of U. S. Highway 52, 3,507.89 feet; thence Southeasterly along said centerline of U. S. Highway 52 an arc length of 7,787.63 feet along a 7,500.00 foot radius curve being concave South- westerly, having a long chord of South 42°14'42" East, 7,442.46 feet; thence South 12°29'54" East along said center- line of U. S. Highway 52, 750.54 feet; thence Southeasterly along said center- line of U. S. Highway 52 an arc length of 449.54 feet along a 4,000.00 foot radius curve being concave Northeasterly, hav- ing a long chord of South 15°43'05" East, 449.31 feet, to the End Point, the sidelines of said 80-foot-wide strip of land are to be shortened or lengthened to the intersec- tion of the easterly line of Dubuque Indus- trial Center South First Addition, in the Book 151 Regular Session, November 1, 2021 447 City of Dubuque, Dubuque County, Iowa property in such subarea as of January 1 as recorded in Doc. #2014-1397 and the of the calendar year preceding the effec- intersection of the northerly line of Lot 1 tive date of Ordinance No. 70-08. and Lot 1 of 1 as recorded in Doc. #2010- As to Subarea E, base period taxes shall 3964. be computed in the same manner using (q) Amended Project Area means that the total assessed value shown on the as - portion of the City of Dubuque, Iowa and sessment roll as of January 1, 2013, being Dubuque County included within the Orig- the assessment roll applicable to property inal Project Area, Subarea C, Subarea D, in such subarea as of January 1 of the cal - Subarea E, Subarea F, Subarea G, Sub- endar year preceding the effective date of area H, Subarea I, Subarea J, Subarea K, Ordinance No. 10-14. Subarea L, Subarea M, Subarea N, Sub- As to Subarea F, base period taxes shall area O, and Subarea P each as described be computed in the same manner using in this Section. the total assessed value shown on the as - Section 2: The taxes levied on the taxable sessment roll as of January 1, 2014, being property in the Amended Project Area, and the assessment roll applicable to property each subarea thereof, legally described in Sec- in such subarea as of January 1 of the cal- tion 1 hereof, by and for the benefit of the State endar year preceding the effective date of of Iowa, City of Dubuque, County of Dubuque, Ordinance No. 39-15. Dubuque Community School District, and all As to Subarea G, base period taxes other taxing districts from and after the effective shall be computed in the same manner date of this Ordinance shall be divided as here- using the total assessed value shown on inafter in this Ordinance provided. the assessment roll as of January 1, 2014, Section 3: As to the Original Project Area, being the assessment roll applicable to that portion of the taxes which would be pro- property in such subarea as of January 1 duced by the rate at which the tax is levied each of the calendar year preceding the effec- year by or for each of the taxing districts taxing tive date of Ordinance No. 55-15. property in the Original Project Area upon the As to Subarea H, base period taxes total sum of the assessed value of the taxable shall be computed in the same manner property in the Original Project Area as shown using the total assessed value shown on on the assessment roll as of January 1, 1987, the assessment roll as of January 1, 2015, being the first day of the calendar year preced- being the assessment roll applicable to ing the effective date of Ordinance No. 26-88, property in such subarea as of January 1 shall be allocated to and when collected be paid of the calendar year preceding the effec- into the fund for the respective taxing district as tive date of Ordinance No. 49-16. taxes by or for said taxing district into which all As to Subarea I, base period taxes shall other property taxes are paid. The taxes so de- be computed in the same manner using termined shall be referred herein as the "base the total assessed value shown on the as - period taxes" for such Subarea. sessment roll as of January 1, 2015, being As to Subarea B, Subarea B has been the assessment roll applicable to property removed from the division of revenues by in such subarea as of January 1 of the cal - Ordinance 22-21. Subarea B will remain endar year preceding the effective date of within the District. Ordinance No. 49-16. As to Subarea C (except the lots and As to Subarea J, base period taxes shall parcels now forming Subarea K and those be computed in the same manner using lots and parcels removed by Amended the total assessed value shown on the as - and Restated Urban Renewal Plan Ver- sessment roll as of January 1, 2015, being sion 2021.4 now forming Subarea O), the assessment roll applicable to property base period taxes shall be computed in in such subarea as of January 1 of the cal - the same manner using the total assessed endar year preceding the effective date of value shown on the assessment roll as of Ordinance No. 49-16. January 1, 2007, being the assessment As to Subarea K, base period taxes shall roll applicable to property in such subarea be computed in the same manner using as of January 1 of the calendar year pre- the total assessed value shown on the as - ceding the effective date of Ordinance No. sessment roll as of January 1, 2017, being 70-08, and base values shall be reduced the assessment roll applicable to property due to the removal of area from Subarea in such subarea as of January 1 of the cal- C. endar year preceding the effective date of As to Subarea D, base period taxes Ordinance No. 18-18. shall be computed in the same manner As to Subarea L, base period taxes shall using the total assessed value shown on be computed in the same manner using the assessment roll as of January 1, 2007, the total assessed value shown on the as - being the assessment roll applicable to sessment roll as of January 1, 2017, being 448 Regular Session, November 1, 2021 Book 151 the assessment roll applicable to property in such subarea as of January 1 of the cal- endar year preceding the effective date of Ordinance No. 45-18. As to Subarea M, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 2017, being the assessment roll applicable to property in such subarea as of January 1 of the calendar year preceding the effec- tive date of Ordinance No. 45-18. As to Subarea N, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 2020, being the assessment roll applicable to property in such subarea as of January 1 of preceding the effective date of Ordi- nance No. 16-21. As to Subarea O, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 2020, being the assessment roll applicable to property in such subarea as of January 1 of preceding the effective date of Ordi- nance 32-21. As to Subarea P, base period taxes shall be computed in the same manner using the total assessed value shown on the as- sessment roll as of January 1, 2021, being the assessment roll applicable to property in such subarea as of January 1 preceding the effective date of this Ordinance 37-21. Section 4: That portion of the taxes each year in excess of the base period taxes for the Amended Project Area, determined for each sub -area thereof as provided in Section 3 of this Ordinance, shall be allocated to and when col- lected be paid into the special tax increment fund previously established by the City of Dubu- que to pay the principal of and interest on loans, monies advanced to, or indebtedness, whether funded, refunded, assumed or otherwise, in- cluding bonds issued under authority of Section 403.9 or Section 403.12 of the Code of Iowa, incurred by the City of Dubuque, Iowa to finance or refinance, in whole or in part, urban renewal projects undertaken within the District pursuant to the Urban Renewal Plan, except that taxes for the regular and voter -approved physical plant and equipment levy of a school district im- posed pursuant to Section 298.2 of the Code of Iowa and taxes for the instructional support pro- gram of a school district imposed pursuant to Section 257.19 (but in each case only to the ex- tent required under Section 403.19(2)), taxes for the payment of bonds and interest of each taxing district, and taxes imposed under Sec- tion 346.77 (22) related to joint county -city buildings, shall be collected against all taxable property within the Amended Project Area with- out any limitation as hereinabove provided. Section 5: Unless or until the total assessed valuation of the taxable property in the subar- eas of the Amended Project Area exceeds the total assessed value of the taxable property in said subareas shown by the assessment rolls referred to in Section 3 of this Ordinance, all of the taxes levied and collected upon the taxable property in the Amended Project Area shall be paid into the funds for the respective taxing dis- tricts as taxes by or for the taxing districts in the same manner as all other property taxes. Section 6: At such time as the loans, monies advanced, bonds and interest thereon and in- debtedness of the City of Dubuque referred to in Section 4 hereof have been paid, all monies thereafter received from taxes upon the taxable property in the Amended Project Area shall be paid into the funds for the respective taxing dis- tricts in the same manner as taxes on all other property. Section 7: All ordinances or parts of ordi- nances in conflict with the provisions of this Or- dinance are hereby repealed. The provisions of this Ordinance are intended and shall be con- strued so as to continue the division of taxes from taxable property in the Amended Project Area under the provisions of Section 403.19 of the Code of Iowa, as authorized in this Ordi- nance No. 37-21. In the event that any provision of this Ordinance shall be determined to be con- trary to law it shall not affect other provisions or application of this Ordinance which shall at all times be construed to fully invoke the provisions of Section 403.19 of the Code of Iowa with ref- erence to the Amended Project Area and the subareas contained therein. Section 8: This Ordinance shall be in effect after its final passage, approval and publication as provided by law. Passed and approved this 1st day of No- vember 2021. /s/Roy D. Buol, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 5th day of November 2021. /s/Adrienne N. Breitfelder, City Clerk 4. Housing Commission Recommendation to Hold Quarterly Meetings: City Manager rec- ommended City Council approval to move Housing Commission meeting frequency from monthly to quarterly, beginning with the Octo- ber 2021 meeting. 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. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 38-21 Amending Book 151 Regular Session, November 1, 2021 449 City of Dubuque Code of Ordinances Title 2 Boards and Commissions, Chapter 5 Housing Agency and Community Development Commis- sions, Article B Housing Commissions, Section 2-5B-10 Meetings. Seconded by Resnick. Mo- tion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 38-21 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 2 BOARDS AND COM- MISSIONS, CHAPTER 5 HOUSING AGENCY AND COMMUNITY DEVELOPMENT COM- MISSIONS, ARTICLE B HOUSING COMMIS- SIONS, SECTION 2-513-10 MEETINGS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. Section 2-513-10 of the City of Dubuque Code of Ordinances is amended to read as follows: 2-513-10: MEETINGS: A. Regular Meetings: The commission must meet quarterly. B. Special Meetings: Special meetings may be called by the chairperson or at the written request of a majority of the commis- sioners. C. Open Meetings: All meetings must be called and held in conformance with the Iowa open meetings law. D. Attendance: 1. In the event a commissioner has been absent for three (3) or more con- secutive meetings of the commission, without being excused by the chairper- son, such absence will be grounds for the commission to recommend to the city council that the position be declared vacant and a replacement appointed. 2. Attendance must be entered upon the minutes of all meetings. E. Minutes: A copy of the minutes of all regular and special meetings of the com- mission must be filed with the city council within ten (10) working days after each meeting, or by the next regularly scheduled city council meeting, whichever is later. F. Quorum: Six (6) commissioners consti- tute a quorum for the transaction of busi- ness. The affirmative vote of a majority of the commissioners present and voting is necessary for the adoption of any motion or resolution. Section 2. This ordinance shall take effect upon publication. Passed, approved, and adopted this 1st day of November 2021. /s/Roy D. Buol, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 5th day of November 2021. /s/Adrienne N. Breitfelder, City Clerk 5. Proposed Amendment to Master Agree- ment for Shared Use Projects between the City of Dubuque and Comelec Internet Services: City Manager recommended approval of an Amendment to the Master Agreement for Shared Use Projects with Comelec Internet Services for a conduit collaboration to expand fiber services to the growing commercial and residential areas on and near Cedar Cross Road and facilitate fiber to the home exten- sions. Motion by Cavanagh to receive and file the documents and approve the agreement. Seconded by Roussell. Motion carried 7-0. 6. Eagle Point Water Treatment Plant Pro- cess and Condition Assessment Project 2021 - Request for Execution of Professional Engi- neering Contract: City Manager recommended approval of the selection of Strand Associates to complete the professional engineering ser- vices for the Eagle Point Water Treatment Plant Process and Condition Assessment Project 2021 in the amount of $187,093. Motion by Far- ber to receive and file the documents and ap- prove the selection. Seconded by Jones. Re- sponding to a question from the City Council, Water Department Manager Christopher Lester stated that the department will utilize leftover funds saved from the JFK Water Main Project to cover the higher -than -expected cost for this project. Motion carried 7-0. 7. City -Wide Water Distribution System, Storage and Pumping Improvements Project 2021- Award of Professional Engineering Con- tract: City Manager requested authorization to enter a contract for professional engineering services with Origin Design of Dubuque, Iowa for the City -Wide Water Distribution System, Storage and Pumping Improvements Project 2021 in the amount of $793,800. Motion by Resnick to receive and file the documents and approve authorization to enter the contract. Se- conded by Sprank. Motion carried 7-0. 8. East-West Corridor Capacity Improve- ments: Recommendation for Professional Con- sultant Services - Preliminary Engineering De- sign and Environmental Clearance Phase: City Manager recommended approval of the selec- tion of HDR, Inc. as the consultant to complete the Preliminary Engineering Design and Envi- ronmental Clearance Phase to advance the de- velopment of East-West Corridor Capacity Im- provements along University Avenue at the in- tersections at Loras Boulevard, Asbury Road, and Pennsylvania Avenue, and request author- ization for the City Engineer to initiate contract negotiations. Motion by Jones to receive and file the documents and approve the selection of HDR, Inc. Seconded by Cavanagh. Respond- ing to questions from the City Council, Assistant City Engineer Bob Schiesl stated that the 450 Regular Session, November 15, 2021 Book 151 project is expected to take at least two years due to property acquisitions and working with impacted businesses to relocate. Mr. Schiesl stated that public engagement is a key factor of this project, and that the department is willing to meet with individual property owners. Motion carried 7-0. 9. Excellence on the Waterfront Honor Award for the Bee Branch Creek Restoration Project: City Manager transmitted that the City of Dubuque received a 2021 Excellence on the Waterfront Honor Award from The Waterfront Center for the Bee Branch Creek Restoration Project. Motion by Roussell to receive and file the information. Seconded by Sprank. Civil En- gineer Deron Muehring briefly spoke about the recognition. Motion carried 7-0. 10. Sustainable Dubuque Public Infor- mation Brochure: City Manager provided a copy of the Sustainable Dubuque public information brochure. Motion by Cavanagh to receive and file the information. Seconded by Sprank. Mo- tion carried 7-0. COUNCIL MEMBER REPORTS Mayor Buol stated that the City/School Elec- tion was taking place on November 2, 2021 and encouraged residents to vote. Council Member Resnick reported on at- tending the 40th anniversary banquet of the All - Dubuque Croquet Association (ADCA), founded by Norm Freund. Mr. Resnick stated that Dubuque has may unique organizations like ADCA. There being no further business, Mayor Buol declared the meeting adjourned at 8:27 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 November 15, 2021, in the second -floor Council Chambers of the His- toric Federal Building, 350 W. 6th Street. Present: Mayor Buol; Council Members Cavanagh, Farber, Jones, Resnick, Roussell, Sprank; City Manager Van Milligen, City Attor- ney 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. Dubuque Service Partnership and Vac- cine Clinic Volunteer Appreciation Day (Novem- ber 15, 2021) was accepted by Marie Zoromski, Director of the Senior Volunteer Program, on behalf of the Dubuque County Incident Man- agement Team. 2. Pancreatic Cancer Awareness Day (No- vember 18, 2021) was accepted by Diane Oglesby-Rambousek on behalf of the Michael W. Oglesby Foundation. 3. Small Business Saturday (November 27, 2021) was accepted by Dan Sullivan, Vice President of Membership of the Dubuque Area Chamber of Commerce, on behalf of the Small Business Saturday Coalition and the Dubuque Area Chamber of Commerce. CONSENT ITEMS Motion by Resnick to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Sprank. Motion carried 7-0. 1. Minutes and Reports Submitted: City Council proceedings of 11/1; Arts and Cultural Affairs Commission of 9/07, 9/28, and 10/19; In- vestment Oversight Advisory Commission of 10/26; Library Board of Trustees Update of 10/28; Zoning Advisory Commission of 11/3; Proof of publication for City Council proceed- ings of 10/4, 10/18, and 10/20; Proof of publica- tion for List of Claims and Summary of Reve- nues for Month Ended September 30, 2021. Upon motion the documents were received and filed. Book 151 Regular Session, November 15, 2021 451 2. Notice of Claims and Suits: Anthony T. Cobbins for vehicle damage; Vanderloo and White Animal Hospital for property damage. Upon motion the documents were received, filed, and referred to the City Attorney. 3. Approval of City Expenditures: City Man- ager recommended City Council approval for payment of City expenditures. Upon motion the documents were received and filed, and Reso- lution No. 390-21 Authorizing the Director of Fi- nance and Budget/City Treasurer to make cer- tain payments of bills that must be paid and ap- proved for payment in accordance with City pro- cedures was adopted. RESOLUTION NO. 390-21 AUTHORIZING THE DIRECTOR OF FI- NANCE AND BUDGET / CITY TREASURER TO MAKE CERTAIN PAYMENTS OF BILLS THAT MUST BE PAID AND APPROVED FOR PAYMENT IN ACCORDANCE WITH CITY PROCEDURES 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 De- partment personnel in accordance with gener- ally accepted internal control procedures and have been determined to have been requisi- tioned for a lawful municipal purpose; and Whereas, the Finance Director -City Treas- urer 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 pay- ment of certain expenditures known as Excep- tion 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 Treas- urer is hereby authorized to issue payment for goods and services provided for City purposes in response to the purchase orders and con- tracts issued in compliance with state and mu- nicipal code requirements as requested by des- ignated requisitioning authorities in accordance with approved budget appropriations. Section 2. In accordance with Iowa Code Section 372.13(6), the City Clerk and Finance Director are hereby authorized and directed to provide the statement of receipts and disburse- ments to the City Council, and to publish a sum- mary thereof. Passed, approved, and adopted this 15'h day of November 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 4. September 30, 2021, Quarterly Invest- ment Report: City Manager transmitted the September 30, 2021, Quarterly Investment Re- port. Upon motion the documents were re- ceived and filed. 5. Fiscal Year 2022 Detailed Budget for the Five Flags Civic Center: City Manager transmit- ted the Fiscal Year 2022 Budget for the Five Flags Civic Center. Upon motion the docu- ments were received and filed. 6. Iowa Arts and Culture Marketing Grant Award (Iowa CARES Act) to Five Flags Civic Center: City Manager transmitted information related to the $11,300 Iowa Arts and Culture Marketing Grant Award to Five Flags Civic Cen- ter to support their work to advance arts and culture in Iowa. Upon motion the documents were received and filed. 7. Iowa Department of Cultural Affairs Iowa Arts and Culture Marketing Grant Application and Award: City Manager recommended ac- ceptance of a $15,000 grant award from the Iowa Department of Cultural Affairs Arts and Culture Marketing Grant program to support an umbrella communications campaign to capture and brand the uniqueness of Dubuque's crea- tive and cultural assets, while emphasizing the safety protocols undertaken by the sector and communicating out the City's ongoing mitiga- tion directives related to the COVID-19 pan- demic. Upon motion the documents were re- ceived, filed, and approved. 8. Approval of Fiscal Year 2022 Contract Service Agreement with Hills and Dales Senior Center and Community Development Block Grant Agreement with Iowa State University Ex- tension: City Manager recommended approval of the Fiscal Year 2022 contract service agree- ment for Hills and Dales Senior Center and Community Development Block Grant (CDBG) agreement with the Iowa State University (ISU) extension. Upon motion the documents were received, filed, and approved. 9. Americans for the Arts' Arts and Eco- nomic Prosperity 6 Partner Contract for Execu- tion: City Manager recommended approval of the execution of the Americans for the Arts' Arts and Economic Prosperity 6 Partner Contract. Upon motion the documents were received, filed, and approved. 452 Regular Session, November 15, 2021 Book 151 10. Iowa Department of Cultural Affairs' American Rescue Plan Arts Grants - Organiza- tions Agreement for Execution: City Manager recommended approval of the Iowa Depart- ment of Cultural Affairs' American Rescue Plan Arts Grants —Organization Grant Agreement and requested the City Council authorize the City Manager to execute the grant agreement. Upon motion the documents were received, filed, and approved. 11. Arts and Culture Master Plan Commu- nity Engagement Public Information Brochure: City Manager provided a copy of the Arts and Culture Master Plan Community Engagement public information brochure. Upon motion the documents were received and filed. 12. Fiscal Year 2021 Grants Under the Route Planning Restoration Program: City Manager recommended approval to apply for the Fiscal Year 2021 Grants under the Route Planning Restoration Program. Upon motion the documents were received, filed, and ap- proved. 13. Construction Contract for Bee Branch Healthy Homes Program: 1560 Iowa Street: City Manager recommended approval of the bid from Bel -Aire Home Improvement LLC in the amount of $165,634.80 for construction at 1560 Iowa Street. Upon motion the documents were received and filed, and Resolution No. 391-21 Awarding Bee Branch Healthy Homes Program Contract for 1560 Iowa Street Construction Pro- ject was adopted. RESOLUTION NO. 391-21 AWARDING BEE BRANCH HEALTHY HOMES PROGRAM CONTRACT FOR 1560 IOWA STREET CONSTRUCTION PROJECT Whereas, sealed proposals have been sub- mitted by contractors for the 1560 Iowa Street Construction Project and Notice to Bidders pub- lished on the City of Dubuque, Iowa website and plan room service with statewide circulation on the 8th day of October 2021; and Whereas, said sealed proposals were opened and read on the 22nd day of October 2021 and it has been determined that Bel -Aire Home Improvement LLC of Platteville, WI, in the base bid amount of $165,634.80, is the low- est responsive, responsible bidder for the Pro- ject. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1: That a Bee Branch Healthy Homes Contract for the 1560 Iowa Street Con- struction Project, is hereby awarded to Bel -Aire Home Improvement LLC; and, Section 2. The City Manager is hereby di- rected to execute a Bee Branch Healthy Homes Contract on behalf of the City of Dubuque for the Project. Passed, approved, and adopted this 15th day of November 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 14. Signed Contract(s): Drew Cook and Sons Excavating Co. Inc. for the John F. Ken- nedy Water Main Extension - Forest Glen Ct. to Daisy Trail Project; Ferguson Waterworks for the Water Meter R900 Migration; McDermott Excavating Company for the South Gate Drive to Simpson Street Water Main Project. Upon motion the documents were received and filed. 15. Pre -Annexation Agreement - Jeffrey and Carolyn Burger: City Manager recom- mended approval of a Pre -Annexation Agree- ment with Jeffrey and Carolyn Burger, for prop- erty located at 9565 Monticello Drive in Dubu- que County, in conjunction with their request to connect to City water. Upon motion the docu- ments were received and filed, and Resolution No. 392-21 Approving a Pre -Annexation Agree- ment between the City of Dubuque, Iowa and Jeffery and Carolyn Burger was adopted. RESOLUTION NO. 392-21 APPROVING A PRE -ANNEXATION AGREE- MENT BETWEEN THE CITY OF DUBUQUE, IOWA AND JEFFERY AND CAROLYN BURGER Whereas, Jeffery and Carolyn Burger, the owner of the following described property lo- cated at 9565 Monticello Drive in Dubuque County, Iowa (the Property) have submitted to the City Council of the city of Dubuque an appli- cation for voluntary annexation of the Property to the City of Dubuque: Lot 21 in "Kerrigan Road Heights" in Table Mound Township, Dubuque County, Iowa, according to the rec- orded plat thereof Whereas, Jeffery and Carolyn Burger have 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 author- izes 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 or- derly growth and development of the City of Book 151 Regular Session, November 15, 2021 453 Dubuque, and will promote efficient and cost- effective extension of municipal services; and Whereas, the City Council finds that the an- nexation of the Property is in the public interest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The Pre -annexation Agreement by and between Jeffery and Carolyn Burger and the City of Dubuque is hereby approved. Passed, approved, and adopted this 15th day of November 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 16. Ambulance Billing Vendor - Selection Recommendation: City Manager recom- mended approval of the selection of Digitech Computer, LLC as the new Ambulance Billing Vendor effective January 1, 2022, and requests City Council approval to negotiate with Digitech for a contract. Upon motion the documents were received, filed, and approved. 17. Design of the Old Mill Road Lift Station and Force Main: City Manager recommended City Council authorization to release a Request for Proposals for the Design of the Old Mill Road Lift Station and Force Main. Upon motion the documents were received, filed, and ap- proved. 18. Platting of City Property in Dubuque In- dustrial Center North First Addition: City Man- ager recommended approval of the Plat of Sur- vey of Lot 1-C and Lot 2-C of Dubuque Indus- trial Center North First Addition in the City of Dubuque. Upon motion the documents were re- ceived and filed, and Resolution No. 393-21 Ap- proving Plat of Survey of Lot 1-C and Lot 2-C Dubuque Industrial Center North First Addition, in the City of Dubuque, Iowa was adopted. RESOLUTION NO. 393-21 APPROVING PLAT OF SURVEY OF LOT 1-C AND LOT 2-C DUBUQUE INDUSTRIAL CEN- TER NORTH FIRST ADDITION, IN THE CITY OF DUBUQUE, IOWA Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated the 11 th day of November 2021, prepared by Origin Design, dividing and re -platting Lot C of Dubuque Industrial Center North First Addi- tion in the City of Dubuque, Iowa, to be herein- after known as Lot 1-C and Lot 2-C of Dubuque Industrial Center North First Addition 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 the 11 th day of November 2021, prepared by Origins De- sign, relative to the real estate hereinabove de- scribed 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. That the City Clerk be and is hereby authorized and directed to file said plat and certified copy of this resolution in the office of the Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 15th day of November 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 19. Roadway Improvement Project Stone- man Road and JFK Road: City Manager recom- mended approval of a Development Agreement with developer GreenState Credit Union (GSCU) for the construction of public roadway improvements at the intersection of Stoneman Road and JFK Road. Upon motion the docu- ments were received and filed, and Resolution No. 394-21 Approving an Agreement for Con- struction of Roadway Improvements on Stone- man Road and JFK Road between the City of Dubuque, Iowa and GreenState Credit Union was adopted. RESOLUTION NO. 394-21 APPROVING AN AGREEMENT FOR CONSTRUCTION OF ROADWAY IMPROVEMENTS ON STONEMAN ROAD AND JFK ROAD BETWEEN THE CITY OF DUBUQUE, IOWA AND GREENSTATE CREDIT UNION Whereas, the City of Dubuque is party to an Agreement with GreenState Credit Union for construction of public roadway improvements on Stoneman Road and JFK Road; and Whereas, the City of Dubuque has deter- mined that the project will require certain im- provements to the public right of way and GreenState Credit Union agrees that such im- provements are reasonable and necessary; and Whereas, the City of Dubuque has reviewed and approved the preliminary design and con- struction plans for said public roadway improve- ments as required by the Agreement; and Whereas, GreenState Bank Credit Union 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 be- half of the City of Dubuque 454 Regular Session, November 15, 2021 Book 151 Passed, approved, and adopted this 151h day of November 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 20. 2021 Stumps/Sidewalks Project One: City Manager recommended acceptance of the construction contract for the 2021 Stumps/Side- walks Project One, as completed by G&R Tree Service, in the final contract amount of $105,940.88. Upon motion the documents were received and filed, and Resolution No. 395-21 Accepting the 2021 Stumps / Sidewalks Project One and authorizing the payment to the con- tractor was adopted. RESOLUTION NO. 395-21 ACCEPTING THE 2021 STUMPS / SIDE- WALKS PROJECT ONE AND AUTHORIZING THE PAYMENT TO THE CONTRACTOR Whereas, the public improvement contract for the 2021 Stumps / Sidewalks Project One, (the Project) has been completed by the Con- tractor, G&R Tree Service, (Contractor), the City Engineer has examined the work and rec- ommends that the Project be accepted; and Whereas, the final contract amount for the Project is $105,940.88; and Whereas, the Contractor has previously been paid $100,643.84, leaving a balance of $5,297.04; and Whereas, the City Council finds that the rec- ommendation 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 $5,297.04 as provided in Iowa Code chapter 573, and to pay such retainage in accordance with the provisions of Iowa Code chapter 573 or Iowa Code chapter 26.13. Passed, approved, and adopted this 15th day of November 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF THE 2021 STUMPS / SIDE- WALKS PROJECT ONE The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the 2021 Stumps / Sidewalks Project One has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $116,534.96. Dated this 8th day of November 2021. /s/Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 8th day of November 2021. /s/Adrienne N. Breitfelder, City Clerk 21. Mystique Community Ice Center: Floor Slab Void Filling, Lifting and Leveling Project - Acceptance of Public Improvement Project: City Manager recommended acceptance of the con- struction contract for the Mystique Community Ice Center Floor Slab Void Filling, Lifting and Leveling Project, as completed by URETEK USA Inc., in the final contract amount of $96,760.76, which is a 40.2% increase from the original contract amount of $69,000.00. Upon motion the documents were received and filed, and Resolution No. 396-21 Accepting the Mys- tique Community Ice Center Floor Slab Void Filling, Lifting and Leveling Project and author- izing the payment to the contractor was adopted. RESOLUTION NO. 396-21 ACCEPTING THE MYSTIQUE COMMUNITY ICE CENTER FLOOR SLAB VOID FILLING, LIFTING AND LEVELING PROJECT AND AU- THORIZING THE PAYMENT TO THE CON- TRACTOR Whereas, the public improvement contract for the Mystique Community Ice Center Floor Slab Void Filling, Lifting and Leveling Project, (the Project) has been completed by the Con- tractor, URETEK USA Inc. of Tomball, Texas (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 $96,760.76; and Whereas, the Contractor has previously been paid $91,922.72, leaving a balance of $4,838.04; and Whereas, the City Council finds that the rec- ommendation 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 $4,838.04 as provided in Iowa Code chapter 573, and to pay such retainage in accordance with the provisions of Iowa Code chapter 573 or Iowa Code chapter 26.13. Passed, approved, and adopted this 15th day of November 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk Book 151 Regular Session, November 15, 2021 455 CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF MYSTIQUE COMMUNITY ICE CENTER FLOOR SLAB VOID FILLING, LIFTING AND LEVELING PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the Mystique Community Ice Center Floor Slab Void Filling, Lifting and Leveling Pro- ject has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $96,760.76. Dated this 9th day of November 2021. /s/Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 9th day of November 2021. /s/Adrienne N. Breitfelder, City Clerk 22. Abstract of Votes - 2021 General Elec- tion: City Clerk transmitted the Abstract of Votes for the November 2, 2021, General Election as certified by the Dubuque County Auditor. Upon motion the documents were received and filed. State of Iowa Abstract of Votes Dubuque County, Iowa. We, the undersigned members of the County Board of Canvassers, hereby certify the following to be a true and correct abstract of the votes cast by the county, at 2021 City -School. Election held on Tuesday, November 2, 2021, as shown by the tally list returned from the sev- eral election precincts. City of Dubuque — Mayor Brad Cavanagh received five thousand four hundred and four (5404) votes. David Reznick received three thousand three hundred and seventy-nine (3379) votes. Scattering received two hundred seventy- eight (278) votes Total Nine thousand and sixty-one (9061) votes. We therefore declare Brad Cavanagh to be duly elected for the office of City of Dubuque Mayor, for the term of four years. In TESTIMONY WHEREOF we have here- unto set our hands and caused to be affixed the seal of this county by the Clerk of Board of Su- pervisors at Dubuque, the county seat of Dubu- que County, this Monday, November 8, 2021. /s/Ann McDonough, Chairperson. /s/Harley Pothoff /s/Jay Wickham Attest /s/Kevin Dragotto, County Auditor and Clerk of Board of Supervisors. State of Iowa Abstract of Votes Dubuque County, Iowa. We, the undersigned members of the County Board of Canvassers, hereby certify the following to be true and correct abstract of the votes cast in this county, at the 2021 City - School Election held on Tuesday, November 2, 2021, as shown by the tally lists returned from the several election precincts. City of Dubuque City Council At -Large Ric Jones received four thousand seven hundred forty-three (4743) votes. Michaela Freiburger received three thou- sand five hundred seventy-three (3573) votes. Scattering received. Two hundred eighty- three (283) votes Total eight thousand five hundred ninety- nine (8599) votes. We therefore declare: Ric Jones to be duly elected for the office of City of Dubuque City Council At -Large for the term of four years. IN TESTIMONY WHEREOF, we have here- unto set our hands and caused to be affixed the seal of this county by the Clerk of the Board of Supervisors at Dubuque, the county seat of Dubuque County, this Monday, November 8, 2021. /s/Ann McDonough, Chairperson. /s/Harley Pothoff /s/Jay Wickham Attested: /s/Kevin Dragotto, County auditor and Clerk of the Board of Supervisors. State of Iowa Abstract of Votes. Dubuque County, Iowa. We, the undersigned members of the County Board of Canvassers, hereby certify the following to be true and correct abstract of the votes cast in this county, at the 2021 City - School Election held on Tuesday, November 2, 2021, as shown by the tally lists returned from the several election precincts. City of Dubuque. City Council Ward One Susan R. Farber received two thousand four hundred eighty (2480) votes. Scattering received seventy-one (71) votes. Total Two thousand five hundred fifty-one (2551) votes We therefore declare: Susan R Farber to be duly elected for the office of City of Dubuque - City Council Ward one for the term of four years. IN TESTIMONY WHEREOF, we have here- unto set our hands and cause to be affixed the seal of this county by the clerk of the Board of Supervisors at Dubuque, the county seat of Dubuque County, this Monday, 8, 2021. /s/Ann McDonough, Chairperson. /s/Harley Pothoff /s/Jay Wickham Attest /s/Kevin Dragotto, County Auditor and Clerk of Board of Supervisors. State of Iowa Abstract of Votes Dubuque County, Iowa We, the undersigned members of the County Board of Canvassers, hereby certify the following to be true and correct abstract of the votes cast in this county, at the 2021 City- 456 Regular Session, November 15, 2021 Book 151 School Election held on Tuesday, November 2, 2021, as shown by the tally lists returned from the several election precincts. City, Dubuque City Council Ward. 3 Danny Spring received one thousand two hundred thirty-nine (1239) votes. Rickey Carner II received four hundred twenty-five (425) votes Scattering received nine (9) votes. Total One thousand six hundred seventy- three (1673) votes. We therefore declare: Danny Sprank to be duly elected for the of- fice of City of Dubuque - City Council Ward 3 for the term of four years. IN TESTIMONY WHEREOF, we have here- unto set our hands and cause to be affixed the seal of this county by the Clerk of the Board of Supervisors at Dubuque, the county seat of Dubuque County, this Monday, November 8, 2021. /s/Ann McDonough, Chairperson. /s/Harley Pothoff /s/Jay Wickham Attest /s/Kevin Dragotto, County Auditor and Clerk of Board of 23. Adoption of Code of Ordinances Sup- plement No. 2021 S-5: City Clerk recom- mended adoption of Supplement No. 2021 S-5 to the City of Dubuque Code of Ordinances that codifies Ordinance Nos. 28-21 through 36-21. Upon motion the documents were received and filed, and Resolution No. 397-21 Adopting Sup- plement No. 2021 S-5 to the Code of Ordi- nances of the City of Dubuque, Iowa was adopted. RESOLUTION NO. 397-21 ADOPTING SUPPLEMENT NO. 2021 S-5 TO THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA Whereas, under date of August 17, 2009, the City Council, pursuant to Ordinance No. 43- 09, readopted the Code of Ordinances of the City of Dubuque, Iowa in its entirety; and Whereas, since August 17, 2009, the City Council of the City of Dubuque, Iowa has adopted certain ordinances amending the Code of Ordinances and said amendments have been printed as supplements to the Code of Or- dinances; and Whereas, Section 380.8 of the Code of Iowa provides that supplements, by resolution, be- come part of the Code of Ordinances; and Whereas, Code Supplements are prepared by the American Legal Publishing of Cincinnati, Ohio and filed in the Office of the City Clerk of the City of Dubuque, Iowa. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That Supplement No. 2021 S-5 to the City of Dubuque Code of Ordinances, which codifies Ordinance Nos. 27-21 through 36-21 as approved by the City Council through October 18, 2021, is hereby adopted, and be- comes part of the Code of Ordinances of the City of Dubuque, Iowa. Passed, approved, and adopted this 15th day of November 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 24. Civil Service Commission - Certified List: Civil Service Commission submitted the certified list for the position of Police Officer. Upon motion the documents were received, filed, and made a Matter of Record. November 4, 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 Po- lice Officer was administered on October 10, 2021. We, The Civil Service Commission, 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 April 10, 2022. Police Officer 1. Allison Bailey; 2. Benjamin Berntgen; 3. Bradley Dodds; 4. Harlie Durr; 5. Joshua Jones; 6. Thomas Linkenheld; 7. Nicco Mazzanti; 8. Morgan McDowell; 9. Grant Ooms; 10. Capri Repinski; 11. Joshua Ryan; 12. Thomas Stark; 13. Christopher Wand; 14. Dave Weis III; 15. William Yeo III Respectfully Submitted, /s/Daniel White, Chairperson Civil Service Commission 25. 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. 398-21 Approving applications for beer, liquor, and/or wine permits, as re- quired 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. 398-21 APPROVING APPLICATIONS FOR BEER, LIQUOR, AND/OR WINE PERMITS, AS RE- QUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LI- CENSE REGULATIONS, CHAPTER 2 LIQ- UOR CONTROL, ARTICLE B LIQUOR, BEER AND WINE LICENSES AND PERMITS Whereas, applications for Beer, Liquor, and or Wine Permits have been submitted and filed Book 151 Regular Session, November 15, 2021 457 with the City Council for approval, and the same have been examined, provisionally approved, and/or approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City, and the applicants have filed the proper fees and bonds and otherwise complied with the requirements of the Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: New Applications Fox Den Motel, 920 Main St. Jacks Lounge, 1113 Main St. Renewals Barrel House Dubuque, 299 Main St. Big 10 Mart Car Wash, 1875 John F. Kennedy Rd. Bridge Restaurant The, 31 Locust St. Grand Harbor Resort and Water Park, 350 Bell St. Hotel Julien Dubuque, 200 Main St. Kwik Stop 16th St #300, 1215 East 16th St. Kwik Stop #848, 3201 Central Ave. Skinny Maginny's, 345 Main St. Target Store T-0086, 3500 Dodge St. Your Pie, 806 Wacker Dr. Suite 100 Section 1. The City Clerk is hereby author- ized and directed to cause to be issued the noted permit types to the following applicants pending submission of the locally required doc- umentation: Passed, approved, and adopted this 15th day of November 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 Far- ber. Motion carried 7-0. 1. 2021 Redistricting Plan for City Wards and Precincts: City Manager recommended the City Council set a public hearing for December 6, 2021, on the 2021 Redistrict Plan for City Wards and Precincts. Upon motion the docu- ments were received and filed, and Resolution No. 399-21 Setting a Public Hearing on 2021 Redistricting Plan for the Wards and Precincts of the City of Dubuque, Iowa was adopted set- ting a public hearing for a meeting to commence at 6:30 p.m. on December 6, 2021, in the His- toric Federal Building. RESOLUTION NO. 399-21 SETTING A PUBLIC HEARING ON 2021 RE- DISTRICTING PLAN FOR THE WARDS and PRECINCTS OF THE CITY OF DUBUQUE, IOWA Whereas, after consultation with the Dubu- que County Auditor's Office, it has been deter- mined that the City of Dubuque is required to file a redistricting plan with the State; and Whereas, a redistricting plan must be ap- proved by the City Council and submitted prior to January 3, 2022, or the Secretary of State will redraw the ward and precinct boundaries with- out City input, and assess the costs to the City; and Whereas, a redistricting plan must be ap- proved by ordinance after a public hearing; and Whereas, the County Auditor must be given 7-10 days to comment on the plan. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: A public hearing will be held on the 6th day of December, 2021, at 6:30 p.m. in the Historic Federal Building Council Chambers (second floor), 350 West bth Street, Dubuque, Iowa, at which time interested persons may appear and be heard for or against for the proposed adop- tion of the 2021 Wards and Precincts Redistrict- ing Plan and precinct agreement with Dubuque County, and the City Clerk be and is hereby di- rected to cause the attached notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa. Passed, approved, and adopted this 15th day of November 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 2. Proceedings for Public Hearing on the Is- suance of Not to Exceed $1,570,000, Water Revenue Capital Loan Notes (Interim Financ- ing) State Revolving Funds, Planning and De- sign Loan Applications: City Manager recom- mended that a public hearing be set for Decem- ber 6, 2021, on the proposition of selling not to exceed $1,570,000 in Water Revenue Capital Loan Notes (Interim Financing) State Revolving Loan Fund Program, the proceeds of which will be used to pay planning and design costs for Webber Property Water Distribution System Im- provements Project. Upon motion the docu- ments were received and filed, and Resolution No. 400-21 Fixing date for a meeting on the au- thorization of a Loan and Disbursement Agree- ment and the issuance of not to exceed $1,570,000 Water Revenue Capital Loan Notes of the City of Dubuque, Iowa, and providing for publication of notice thereof was adopted set- ting a public hearing for a meeting to commence at 6:30 p.m. on December 6, 2021, in the His- toric Federal Building. RESOLUTION NO. 400-21 FIXING DATE FOR A MEETING ON THE AU- THORIZATION OF A LOAN AND DISBURSE- MENT AGREEMENT AND THE ISSUANCE 458 Regular Session, November 15, 2021 Book 151 OF NOT TO EXCEED $1,570,000 WATER REVENUE CAPITAL LOAN NOTES OF THE CITY OF DUBUQUE, IOWA, AND PROVID- ING FOR PUBLICATION OF NOTICE THEREOF Whereas, it is deemed necessary and ad- visable that the City of Dubuque, Iowa should provide for the authorization of a Loan and Dis- bursement Agreement and the issuance of Wa- ter Revenue Capital Loan Notes, in the amount of not to exceed $1,570,000, as authorized by Sections 384.24A and 384.83, Code of Iowa, as amended, for the purpose of providing funds to pay costs as hereinafter described; and Whereas, it is proposed that the City fund its costs on an interim basis under Section 76.13 of the Code of Iowa, anticipating in part, the fu- ture receipt of the proceeds of the issuance of said Water Revenue Capital Loan Notes; and Whereas, the City has applied for a loan through the Iowa Drinking Water State Revolv- ing Fund Program pursuant to which the Iowa Finance Authority has agreed to purchase the City's Notes and has requested that such Notes be issued as a single Note in a denomination equal to the total amount of the issue as author- ized by Chapter 384, Code of Iowa; and Whereas, the Loan and Disbursement Agreement and Note shall be payable solely and only out of the Net Revenues of the Munic- ipal Water System and shall be a first lien on the future Net Revenues of the Water Utility; and shall not be general obligations of the City or payable in any manner by taxation and the City shall be in no manner liable by reason of the failure of the Net Revenues to be sufficient for the payment of the Loan and Disbursement Agreement and Note; and Whereas, before a Loan and Disbursement Agreement may be authorized and Water Rev- enue Capital Loan Notes issued to evidence the obligation of the City thereunder, it is necessary to comply with the provisions of the Code of Iowa, as amended, 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 Loan and Dis- bursement Agreement and Notes and to re- ceive oral and/or written objections from any resident or property owner of the City to such action. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That this Council meet in the His- toric Federal Building, 350 West 6th Street, Dubuque, Iowa, City of Dubuque, Iowa, at 6:30 o'clock p.m., on the 6th day of December, 2021, for the purpose of taking action on the matter of the authorization of a Loan and Disbursement Agreement and the issuance of not to exceed $1,570,000 Water Revenue Capital Loan Notes to evidence the obligations of the City thereun- der, the proceeds of which will be used to pro- vide funds to pay the costs of acquisition, con- struction, reconstruction, extending, remodel- ing, improving, repairing and equipping all or part of the Municipal Water System. 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, pub- lished 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 issuance of the Notes. Section 3. The notice of the proposed action shall be in substantially the [provided] form. Passed and approved this 15th day of No- vember 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 3. Proceedings for Public Hearing on the Is- suance of Not to Exceed $900,000, Sewer Rev- enue Capital Loan Notes (Interim Financing) State Revolving Funds, Planning and Design Loan Applications: City Manager recommended that a public hearing be set for December 6, 2021, on the proposition of selling not to exceed $900,000 in Sewer Revenue Capital Loan Notes (Interim Financing) State Revolving Loan Fund Program. Upon motion the documents were received and filed, and Resolution No. 401-21 Fixing date for a meeting on the author- ization of a Loan and Disbursement Agreement and the issuance of not to exceed $900,000 Sewer Revenue Capital Loan Notes of the City of Dubuque, Iowa, and providing for publication of notice thereof was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on December 6, 2021 in the Historic Federal Building. RESOLUTION NO. 401-21 FIXING DATE FOR A MEETING ON THE AU- THORIZATION OF A LOAN AND DISBURSE- MENT AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $900,000 SEWER REV- ENUE CAPITAL LOAN NOTES OF THE CITY OF DUBUQUE, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF Whereas, it is deemed necessary and ad- visable that the City of Dubuque, Iowa should provide for the authorization of a Loan and Dis- bursement Agreement and the issuance of Sewer Revenue Capital Loan Notes, in the amount of not to exceed $900,000, as author- ized by Sections 384.24A and 384.83, Code of Iowa, as amended, for the purpose of providing funds to pay costs as hereinafter described; and Whereas, it is proposed that the City fund its costs on an interim basis under Section 76.13 Book 151 Regular Session, November 15, 2021 459 of the Code of Iowa, anticipating in part, the fu- ture receipt of the proceeds of the issuance of said Sewer Revenue Capital Loan Notes; and Whereas, the City has applied for a loan through the Iowa Water Pollution Control Works Financing Program pursuant to which the Iowa Finance Authority has agreed to purchase the City's Notes and has requested that such Notes be issued as a single Note in a denomination equal to the total amount of the issue as author- ized by Chapter 384, Code of Iowa; and Whereas, the Loan and Disbursement Agreement and Note shall be payable solely and only out of the Net Revenues of the Munic- ipal Sewer System and shall be a first lien on the future Net Revenues of the Sewer Utility; and shall not be general obligations of the City or payable in any manner by taxation and the City shall be in no manner liable by reason of the failure of the Net Revenues to be sufficient for the payment of the Loan and Disbursement Agreement and Note; and Whereas, before a Loan and Disbursement Agreement may be authorized and Sewer Rev- enue Capital Loan Notes issued to evidence the obligation of the City thereunder, it is necessary to comply with the provisions of the City Code of Iowa, as amended, 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 Loan and Dis- bursement Agreement and Notes and to re- ceive oral and/or written objections from any resident or property owner of the City to such action. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That this Council meet in the His- toric Federal Building, 350 West 6th Street, Dubuque, Iowa, City of Dubuque, Iowa, at 6:30 o'clock p.m., on the 6th day of December, 2021, for the purpose of taking action on the matter of the authorization of a Loan and Disbursement Agreement and the issuance of not to exceed $900,000 Sewer Revenue Capital Loan Notes to evidence the obligations of the City thereun- der, the proceeds of which will be used to pro- vide funds to pay the costs of acquisition, con- struction, reconstruction, extending, remodel- ing, improving, repairing and equipping all or part of the Municipal Sewer System, including the Granger Creek Interceptor Project and the Force Main Stabilization Project. 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, pub- lished 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 issuance of the Notes. Section 3. The notice of the proposed action shall be in substantially the [provided] form. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 4. 2022 John F. Kennedy Road Sidewalk In- stallation Project: City Manager recommended City Council approval of the Resolution of Ne- cessity, approval of the Preliminary Schedule of Assessments and establishing December 6 as the date of the public hearing for the 2022 John F. Kennedy Road Sidewalk Installation Project between Asbury Road and the Northwest Arte- rial. Upon motion the documents were received and filed and Resolution No. 402-21 Necessity for the 2022 John F. Kennedy Road Sidewalk Installation Project; and Resolution No. 403-21 Approving the preliminary plats, schedule of as- sessments and estimate of total cost for the 2022 John F. Kennedy Road Sidewalk Installa- tion Project was adopted setting a public hear- ing for a meeting to commence at 6:30 p.m. on December 6, 2021 in the Historic Federal Build- ing. RESOLUTION NO. 402-21 RESOLUTION OF NECESSITY FOR THE 2022 JOHN F. KENNEDY ROAD SIDEWALK INSTALLATION PROJECT Whereas, the plat, preliminary schedule of assessments, and estimate of total cost for the 2022 John F. Kennedy Road Sidewalk Installa- tion Project have been duly prepared and ap- proved by the City Council of the City of Dubu- que and ordered placed on file in the office of City Clerk. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: The 2022 John F. Kennedy Road Sidewalk Installation Project will provide: Installation of sidewalks along John F. Kennedy Road from Asbury Road to the NW Arterial in areas sidewalks do not exist. Installation of 3884 LF of 4' wide concrete sidewalk Installation of 1164 SF of retaining wall at 7 locations Installation of new ADA pedestrian access ramps at street intersections Restoration of disturbed areas with seed, fertilizer, and mulch There is on file in the office of the City Clerk an estimated total cost of the work, and a pre- liminary plat and schedule showing the amount proposed to be assessed to each lot for the im- provement. The Council will hear property owners sub- ject to the assessment and interested parties for or against the improvement, its cost, the as- sessment, or the boundaries of the district on the 6th of December 2021 at 6:30 p.m. at the 460 Regular Session, November 15, 2021 Book 151 Historic Federal Building Council Chambers, 350 West 6th Street, Dubuque, Iowa. That the City Council deems it advisable and necessary for the public welfare to make the herein mentioned improvements. Unless a property owner files objections with the City Clerk at the time of hearing on the resolution of necessity, the property owner is deemed to have waived all objections pertain- ing to the regularity of the proceeding and the legality of using the special assessment proce- dure. Said improvements shall be constructed in accordance with the plans and specifications which have been approved by the City Council and are now on file in the Office of the City Clerk. The cost of making such improvement will be assessed against property lying with the assessment limits. The above resolution was introduced, ap- proved, and ordered placed on file with the City Clerk this 15th day of November 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk RESOLUTION NO. 403-21 APPROVING THE PRELIMINARY PLATS, SCHEDULE OF ASSESSMENTS AND ESTI- MATE OF TOTAL COST FOR THE 2022 JOHN F. KENNEDY ROAD SIDEWALK IN- STALLATION PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That the attached preliminary plats, sched- ule of assessments, and estimate of total cost for the 2022 John F. Kennedy Road Sidewalk Installation Project are hereby approved. Passed, approved, and adopted this 15th day of November 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk BOARDS/COMMISSIONS 1. Appointments were made to the following boards/commissions. i. Civic Center Advisory Commission - Re- scheduled from November 1, 2021, City Coun- cil Meeting. Two, 3-Year terms through June 29, 2024 (Expired terms of Daugherty and Parks). Applicants: Brenda Christner, 655 Flor- ence St.; Tyler Daugherty, 6527 N. Wilshire Ln.; Bryce Parks, 2770 Van Buren Ave. Upon roll call vote, Mr. Daugherty and Mr. Parks were ap- pointed to the two 3-year terms through June 29, 2024. Mr. Daugherty and Mr. Parks re- ceived all 7 votes, respectively. ii. Resilient Community Advisory Commis- sion: One, 3-Year term through July 1, 2024 (Vacant term of Booth). Applicant: Katharine Connolly, 205 Bryant Street. Motion by Rous- sell to appoint Ms. Connolly to the three-year term through July 1, 2024. Seconded by Cavanagh. Motion carried 7-0. PUBLIC HEARINGS 1. Request to Rezone Property at Bies Drive: Proof of publication on notice of public hearing to consider City Council approval of a request from Dave Frommelt, American Realty, to rezone property located at Bies Drive from C- 3c General Commercial zoning district with con- ditions to PR Planned Residential zoning dis- trict to allow for the development of a multi -fam- ily residential development, and Zoning Advi- sory Commission recommended approval. Mo- tion by Jones to receive and file the documents and that the requirement that a proposed ordi- nance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Se- conded by Sprank. Planning Services Manager Wally Wernimont provided a staff report. Re- sponding to questions from the City Council, Mr. Wernimont stated that the property owner will be required to install sidewalks and that all property owners within 200 feet of the property were notified of the rezoning request. Applicant Dave Frommelt, 995 Prince Phillip Dr., stated that he represented the developer and provided input on the removal of trees on the property and the access points for the property. Re- sponding to a question from the City Council, Mr. Frommelt stated that the developer would need to confirm whether the apartments would be market rate. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 39-21 Amending Ti- tle 16 of the Unified Development Code of the City of Dubuque Code of Ordinances by reclas- sifying hereinafter described property located at Bies Drive from C-3c General Commercial with conditions to PUD Planned Unit Development District with a PR Planned Residential District Designation and adopting a Conceptual Devel- opment Plan for two 28-unit multi -family resi- dential buildings with detached garages. Se- conded by Sprank. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 39-21 AMENDING TITLE 16 OF THE UNIFIED DE- VELOPMENT CODE OF THE CITY OF DUBU- QUE CODE OF ORDINANCES BY RECLAS- SIFYING HEREINAFTER DESCRIBED PROP- ERTY LOCATED AT BIES DRIVE FROM C-3C GENERAL COMMERCIAL WITH CONDI- TIONS TO PUD PLANNED UNIT DEVELOP- MENT DISTRICT WITH A PR PLANNED RES- IDENTIAL DISTRICT DESIGNATION AND ADOPTING A CONCEPTUAL DEVELOP- Book 151 Regular Session, November 15, 2021 461 MENT PLAN FOR TWO 28-UNIT MULTI-FAM- e. The number, size, and design of park- ILY RESIDENTIAL BUILDINGS WITH DE- ing spaces shall be governed by appli- TACHED GARAGES cable provisions of the Unified Devel- NOW, THEREFORE, BE IT ORDAINED BY opment Code Section 13-3 Site Devel- THE CITY COUNCIL OF THE CITY OF DUBU- opment Regulations. QUE, IOWA: f. The number, size, design, and location Section 1. That Title 16 of the Unified Devel- of parking spaces designated for per- opment Code of the City of Dubuque Code of sons with disabilities shall be accord - Ordinances is hereby amended by reclassifying ing to the local, state, or federal re - the hereinafter -described property from C-3c quirements in effect at the time of de - General Commercial District with conditions to velopment. PUD Planned Unit Development District with a 1. Site Lighting PR Planned Residential District designation, a. Exterior illumination of site features and adopting a conceptual development plan, a shall be limited to the illumination of copy of which is attached to and made a part the following: hereof, is hereby adopted and approved for the i. Parking areas, driveways, and following described property, to wit: loading facilities. Lots 4 and 5 of C.J. Bies Subdivision ii. Pedestrian walkway surfaces and #2, and to the centerline of the adjoin- entrances to building. ing public right-of-way, all in the City of iii. Building exterior. Dubuque, Iowa. b. Location and Design A. Use Regulations. The following regulations i. No light source shall provide illumi- shall apply to all uses made of land in the nation onto adjacent lots, build - above -described PR Planned Residential ings, or streets in excess of 1.0- District: foot candle. 1. Principal permitted uses shall be limited ii. All exterior lighting luminaries shall to two 28-unit multi -family residential be designed and installed to shield buildings. light from the luminaries at angles 2. Accessory uses shall include any use above 72-degrees from vertical. customarily incidental and subordinate to iii. Fixtures mounted on a building the principal use it serves. shall not be positioned higher than B. Lot and Bulk Regulations. Development of the roofline of the building. land in the PR Planned Residential District iv. All electrical service lines to posts shall be regulated as follows: and fixtures shall be underground 1. Buildings setbacks shall be located in and concealed inside the posts. substantial conformance with the ap- 1. Landscaping. Landscaping shall be pro - proved conceptual development plan. vided in compliance with Section 13-4 2. Maximum building height of 40 feet shall Landscaping and Screening Require - be allowed in this Planned Residential ments of the Unified Development Code. District. 2. Storm Water Management. The devel- 3. Unless otherwise indicated, the develop- oper of each lot shall be responsible for ment of the property in this Planned Resi- providing surface or subsurface convey- dential District shall be regulated by Sec- ance(s) of storm water from the lot to ex- tion 16-5-5 of the Unified Development isting storm sewers or to flow line of open Code, R-4 Multi -Family Residential Dis- drainageways outside the lot in a means trict. that is satisfactory to the Engineering De- C. Performance Standards. The development partment of the City of Dubuque. Other and maintenance of uses in this PR Planned applicable regulations enforced by the Residential District shall be regulated as fol- City of Dubuque relative to storm water lows: management and drainage shall apply to 1. Parking Regulations properties in the PUD District. a. Off-street parking shall be provided 3. Exterior Trash Collection Areas based on the approved conceptual a. The storage of trash and debris shall plan. be limited to that produced by the prin- b. All vehicle -related features shall be cipal permitted use and accessory surfaced with either asphalt or con- uses on the lot. crete. b. All exterior trash collection areas and c. Curbing and proper surface drainage the material contained therein shall be of storm water shall be provided. visually screened from view. The d. All parking and loading spaces shall screening shall be completely opaque be delineated on the surfacing mate- fence, wall, or other feature not ex- rial by painted stripes or other perma- ceeding a height of 10 feet measured nent means. from the ground level outside the line 462 Regular Session, November 15, 2021 Book 151 of the screen. Screens built on sloping grades shall be stepped so that their top line shall be horizontal. Exposed materials used to construct the opaque screen shall be similar in ap- pearance to materials used for exterior building walls. All exterior entrances to a screened trash area shall be pro- vided with a gate or door of similar de- sign to that of the screen. If a 10-foot height screen fails to shield the exte- rior trash collection area from view from the adjacent public right-of-way and neighboring properties, evergreen plantings may be required in addition to the screening. Evergreen plant ma- terial shall be selected and designed so that they screen the area from all off -site visibility within five (5) years. 1. Open Space. Open space and landscap- ing in the PR Planned Residential District shall be regulated as follows. Those areas not designated on the conceptual devel- opment plan shall be maintained as open space, as defined Article 13 of the Unified Development Code of the City of Dubu- que, Iowa, by the property owner and/or association. 2. Platting. The conceptual development plan shall serve as the preliminary plat for this PUD District. Subdivision plats and improvement plans shall be submitted in accordance with Article 11 Land Subdivi- sion, of the City of Dubuque Unified De- velopment Code. 3. Site Plans. Final site development plans shall be submitted in accordance with Ar- ticle 12 Site Plans and Article 13 Site De- sign Standards prior to construction of each building and vehicle -related feature unless otherwise exempted by Article 12. D. Sign Regulations. Signs in the Planned Res- idential District shall be regulated in accord- ance with the R-4 Multi -Family Residential Zoning District sign regulations, Section 16- 15-11.1 of the Unified Development Code. 1. Variance requests from sign require- ments for size, number, and height shall be reviewed by the Zoning Board of Ad- justment in accordance with Section 16-8- 6 of the Unified Development Code. E. Other Codes and Regulations 1. Service Lines. All electric, telephone, ca- ble, or other similar utility lines serving the building and other site features shall be lo- cated underground. 2. The use of semi -trailers and shipping containers for storage is prohibited. 3. These regulations do not relieve the owner from other applicable city, county, state, or federal codes, regulations, laws, and other controls relative to the planning, construction, operation, and management of property within the City of Dubuque. F. Transfer of Ownership. Transfer of owner- ship or lease of property in this PR Planned Residential District shall include the transfer or lease agreement a provision that the pur- chaser or lessee acknowledges awareness of the conditions authorizing the establishment of the district. G. Modifications. Any modifications of this Ordi- nance must be approved by the City Council in accordance with zoning reclassification proceedings of Article 9-5 of the Unified De- velopment Code. H. Occupancy Permits. No occupancy permit shall be issued by the City of Dubuque for property included in the subject planned unit development district until full compliance with this ordinance has been achieved. I. Recording. A copy of this ordinance shall be recorded at the expense of the property owner(s) with the Dubuque County Recorder a permanent record of the conditions ac- cepted as part of this reclassification approval within thirty (30) days after the adoption of this ordinance. This ordinance shall be binding upon the undersigned and his/her heirs, suc- cessors, and assigns. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advi- sory Commission of the City of Dubuque, Iowa. Section 3. The foregoing amendment shall take effect upon publication, as provided by law. Passed, approved, and adopted this 15th day of November 2021. /s/Roy D. Buol, Mayor Attest: /s/Adrienne Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 19th day of November 2021. /s/Adrienne N. Breitfelder, City Clerk 2. Request to Rezone Property at the corner of Peru Road, Louise Street and Monroe Ave- nue: Proof of publication on notice of public hearing to consider City Council approval of a request from Denise Foht to rezone property lo- cated at the corner of Peru Road, Louise Street and Monroe Avenue from R-1 Single -Family Residential zoning district to R-3 Moderate Density Multi -Family Residential zoning district to accommodate an off -premise residential gar- age, and Zoning Advisory Commission recom- mended approval. Motion by Cavanagh to re- ceive and file the documents and that the re- quirement that a proposed ordinance be con- sidered and voted on for passage at two Coun- cil meetings prior to the meeting at which it is to be passed be suspended. Seconded by Rous- sell. Planning Services Manager Wally Werni- mont provided a staff report. Responding to a question from the City Council, Mr. Wernimont stated that the maximum space approved for Book 151 Regular Session, November 15, 2021 463 the garage on the property is 700 feet, and that any additional area intended for the garage would require approval from the Zoning Board of Adjustment. Applicant Denise Foht, 723 Peru Road, stated that the garage would be fully en- closed. Motion carried 7-0. Motion by Cavanagh for final consideration and passage of Ordinance No. 40-21 Amending Title 16 of the City of Dubuque Code of Ordi- nances, Unified Development Code, by reclas- sifying Lot 1 - 1 Evelyn Tharp Place Located at the corner of Peru Road, Louise Street and Monroe Avenue from R-1 Single -Family Resi- dential District to R- 3 Moderate Density Multi - Family Residential Zoning District. Seconded by Roussell. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 40-21 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI- FIED DEVELOPMENT CODE, BY RECLASSI- FYING LOT 1 -1 EVELYN THARP PLACE LO- CATED AT THE CORNER OF PERU ROAD, LOUISE STREET AND MONROE AVENUE FROM R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT TO R-3 MODERATE DENSITY MULTI -FAMILY RESIDENTIAL ZONING DIS- TRICT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That Title 16 of the City of Dubu- que Code of Ordinances, Unified Development Code, is hereby amended by reclassifying the hereinafter —described property from R-1 Sin- gle -Family Residential District to R-3 Moderate Density Multi -Family Residential Zoning Dis- trict, to wit: Lot 1 - 1 Evelyn Tharp Place, and to the centerline of the adjoining public right- of-way, all in the City of Dubuque, Iowa Section 2. That the foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This Ordinance shall take effect immediately upon publication as provided by law. Passed, approved, and adopted this 15"' day of November, 2021. /s/Roy D. Buol, Mayor Attest: /s/Adrienne Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 19"' day of November 2021. /s/Adrienne N. Breitfelder, City Clerk 3. Request to Rezone Property at 1597 Delhi Street: Proof of publication on notice of public hearing to consider City Council approval of a request from Jeff Adams to rezone property located at 1597 Delhi Street from ID Institutional zoning district to C-2 Neighborhood Shopping Center zoning district, and Zoning Advisory Commission recommended approval. 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 Cavanagh. Planning Services Manager Wally Wernimont provided a staff report. Motion car- ried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 41-21 Amending Ti- tle 16 of the City of Dubuque Code of Ordi- nances, Unified Development Code, by reclas- sifying hereinafter described property located at 1597 Delhi Street from ID Institutional District to C-2 Neighborhood Shopping Center District. Seconded by Cavanagh. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 41-21 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI- FIED DEVELOPMENT CODE, BY RECLASSI- FYING HEREINAFTER DESCRIBED PROP- ERTY LOCATED AT 1597 DELHI STREET FROM ID INSTITUTIONAL DISTRICT TO C-2 NEIGHBORHOOD SHOPPING CENTER DIS- TRICT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That Title 16 of the City of Dubu- que Code of Ordinances, Unified Development Code, is hereby amended by reclassifying the hereinafter —described property from ID Institu- tional District to C-2 Neighborhood Shopping Center District, to wit: Motor Place in the City of Dubuque, Iowa, according to the recorded Plat thereof; and to the centerline of the ad- joining public right-of-way, all in the city of Dubuque, Iowa. Section 2. That the foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This Ordinance shall take effect immediately upon publication as provided by law. Passed, approved, and adopted this 15th day of November, 2021. /s/Roy D. Buol, Mayor Attest: /s/Adrienne Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 19"' day of November 2021. /s/Adrienne N. Breitfelder, City Clerk 4. Bee Branch Gate and Pump Replace- ment Project: Proof of publication on notice of public hearing to consider City Council authori- zation to enter into a Consent to Easement Structures Agreement with the United States 464 Regular Session, November 15, 2021 Book 151 Army Corps of Engineers (USACE) as a re- quirement for the City to proceed with the Bee Branch Gate and Pump Replacement Project, and City Manager recommended approval. Mo- tion by Jones to receive and file the documents and adopt Resolution No. 404-21 Disposing of interest in real estate through Agreement with the US Army Corps of Engineers. Seconded by Sprank. Motion carried 7-0. RESOLUTION NO. 404-21 DISPOSING OF INTEREST IN REAL ESTATE THROUGH AGREEMENT WITH THE US ARMY CORPS OF ENGINEERS Whereas, the City Council, by Resolution No. 382-21, dated November 1, 2021, declared its interest to dispose of City interest in real property; and Whereas, pursuant to published notice, a public hearing was held on the proposed dispo- sition on November 15, 2021, at 6:30 p.m. in the City Council Chambers of the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa, at which meeting the City Council proposes to take action on the Acceptance of Consent to Easement Structures between the City and the United States government; and Whereas, Dubuque has a flood control sys- tem along the Mississippi River; and Whereas, the United States has acquired a perpetual flowage easement over Tract Nos. FIA-074, FIA-087, FIA-088, FIA-089, FIA-090, FIA-091 and FIA-120, Mississippi River Project, Pool 12, and which was recorded in Record Book 114, Pages 1-21, in the records in Dubu- que, Iowa; and Whereas, the United States has been re- quested to give consent for the installation, op- eration, and maintenance of a water pumping station to replace the existing Bee Branch Pumping Station that is part of the Dubuque, Iowa Flood Risk Management Project; and Whereas, the City of Dubuque is required to enter into an Acceptance of Consent to Ease- ment Structures in order to proceed with the im- provements associated with the Bee Branch Gate and Pump Replacement Project; and Whereas, the City Council finds that it is in the best interest of the City to approve the Ac- ceptance of Consent to Easement Structures. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council approves the Acceptance of Consent to Easement Structures with the US Army Corps of Engineers. Section 2. The Mayor is hereby authorized and directed to sign the agreement. Passed, adopted, and approved this 15t" day of November 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 5. Proposed Lease Agreement Between the City of Dubuque and Comelec Internet Ser- vices: Proof of publication on notice of public hearing to consider City Council approval of a lease with Comelec Internet Services for space on the 3rd Street Water Tower, and City Man- ager recommended approval. Motion by Cavanagh to receive and file the documents and adopt Resolution No. 405-21 Approving the disposal of an interest in real property owned by the City of Dubuque by Lease Supplement be- tween the City of Dubuque, Iowa and Comelec Internet Services, LLC. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 405-21 APPROVING THE DISPOSAL OF AN INTER- EST IN REAL PROPERTY OWNED BY THE CITY OF DUBUQUE BY LEASE SUPPLE- MENT BETWEEN THE CITY OF DUBUQUE, IOWA AND COMELEC INTERNET SER- VICES, LLC Whereas, the City of Dubuque, Iowa (City) is the owner of the real property described as follows: Property at 1575 West Third Street, Dubu- que, IA, legally described as Lots 23 and 24 of the Finley Home Addition in Dubu- que, Iowa, Dubuque County, Iowa (the Property); and Whereas, City and Comelec Internet Ser- vices, LLC entered into a Master Lease Agree- ment dated April 1, 2019 (the Agreement), which granted Comelec the right to lease cer- tain City property for the purposes and subject to the conditions set forth in the Agreement; and Whereas, Comelec desires to lease certain space on the Water Tower on the Property as shown on Exhibit B; and Whereas, City and Comelec have tenta- tively agreed to the Lease Supplement, at- tached hereto; and Whereas, the City Council, by Resolution No. 383-21 dated November 1, 2021, declared its intent to dispose of City interest in Premises; and Whereas, the City Council believes it is in the best interest of the City of Dubuque to ap- prove the Lease Supplement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Water Tower and Ground Space Lease Agreement between the City and Comelec Internet Services is hereby approved, and the Mayor is authorized to execute said Water Tower and Ground Space Lease Agree- ment on behalf of the City of Dubuque. Passed, approved, and adopted this 15th day of November 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk Book 151 Regular Session, November 15, 2021 465 ACTION ITEMS 1. Dubuque Airport Master Plan Study and Airport Layout Plan Update: City Manager rec- ommended City Council approval of the Dubu- que Regional Airport Master Plan Study and Airport Layout Plan Update recently prepared by Coffman and Associates. Motion by Roussell to receive and file the documents and approve the plan. Seconded by Farber. City Council members expressed appreciation for the plan and suggested a future presentation to educate the public on the plan. Motion carried 7-0. 2. Resilient Community Advisory Commis- sion Ordinance Update: City Manager recom- mended City Council approval of an ordinance amendment for the Resilient Community Advi- sory Commission regarding meeting frequency. Motion by Cavanagh to receive and file the doc- uments and that the requirement that a pro- posed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be sus- pended. Seconded by Sprank. City Council members expressed support for the amend- ment to allow greater flexibility for the commis- sion. Motion carried 7-0. Motion by Cavanagh for final consideration and passage of Ordinance No. 42-21 Amending City of Dubuque Code of Ordinances Title 2 Boards and Commissions, Chapter 6 Resilient Community Advisory Commission, Section 2-6- 10 Meetings. Seconded by Sprank. Motion car- ried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 42-21 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 2 BOARDS AND COM- MISSIONS, CHAPTER 6 RESILIENT COM- MUNITY ADVISORY COMMISSION, SEC- TION 2-6-10 MEETINGS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. Section 2-6-10 of the City of Dubuque Code of Ordinances is amended to read as follows: 2-6-10: MEETINGS: A. Regular Meetings: The commission gener- ally meets monthly. When there is no busi- ness, there is no obligation to meet. B. Special Meetings: Special meetings may be called by the chairperson or at the written request of a majority of the commissioners. C.Open Meetings: All meetings must be called and held in conformance with the Iowa open meetings law. D. Attendance: 1. In the event a commissioner has been absent for three (3) or more consecutive meetings of the commission, without be- ing excused by the chairperson, such absence will be grounds for the commis- sion to recommend to the city council that the position be declared vacant and a replacement appointed. 2. Attendance must be entered upon the minutes of all meetings. E. Minutes: A copy of the minutes of all reg- ular and special meetings of the commis- sion must be filed with the city council within ten (10) working days after each meeting, or by the next regularly scheduled city council meeting, whichever is later. F. Quorum: Five (5) commissioners constitute a quorum for the transaction of business. The affirmative vote of a majority of the commissioners present and voting is neces- sary for the adoption of any motion or reso- lution. Section 2. This ordinance shall take effect upon publication. Passed, approved, and adopted this 15'h day of November 2021. /s/Roy D. Buol, Mayor Attest: /s/Adrienne Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 19"' day of November 2021. /s/Adrienne N. Breitfelder, City Clerk 3. Fiscal Year 2022 Community Develop- ment Block Grant Agreement with Northeast Iowa School of Music: City Manager recom- mended City Council approval of the Commu- nity Development Block Grant Agreement with Northeast Iowa School of Music (NISOM) as part of the Neighborhood Recreation Program. Motion by Roussell to receive and file the doc- uments and approve the agreement. Seconded by Cavanagh. Motion carried 7-0. 4. Central Avenue Corridor Streetscape Master Plan Draft - Work Session Request: City Manager requested the City Council schedule a work session for December 20, 2021, at 5:30 p.m. on the Central Avenue Corridor Streetscape Master Plan Draft review. Motion by Jones to receive and file the documents and schedule the work session as recommended. Seconded by Sprank. No schedule conflicts were expressed. Motion carried 7-0. 5. Five Flags Civic Center Studies Review and Prior Actions Presentation Request for Work Session: City Manager requested the City Council schedule a work session for January 24, 2022, at 6:30 p.m. on the Five Flags Civic Center Studies Review and Prior Actions Presentation. Motion by Jones to receive and file the documents and schedule the work ses- sion as recommended. Seconded by Farber. No schedule conflicts were expressed. Motion carried 7-0. 466 Special Session, November 22, 2021 COUNCIL MEMBER REPORTS Council Member Sprank reported on meet- ing with residents of the Alpine Mobile Park and encouraged any of the mobile park residents with concerns to contact him. CLOSED SESSION Motion by Jones to convene in closed ses- sion at 7:29 p.m. to discuss Pending Litigation and Purchase or Sale of Real Estate — Chapter 21.5(1)(c), Q) Code of Iowa. Seconded by Roussell. Mayor Buol stated for the record that the attorney who will consult with City Council on the issues to be discussed in the closed ses- sion is City Attorney Brumwell. Motion carried 7-0. The City Council reconvened in open ses- sion at 11:27 p.m. stating that staff had been given proper direction. There being no further business, Mayor Buol declared the meeting adjourned at 11:28 p.m. /s/Adrienne N. Breiffelder, City Clerk Book 151 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 6:30 p.m. on November 22, 2021, in the second -floor Council Chambers of the His- toric Federal Building, 350 W. 6"' Street. Present in Council Chambers: Mayor Buol; Council Members Roussell, Sprank; City Man- ager Van Milligen, City Attorney Brumwell. Pre- sent via phone: Council Members Cavanagh, Farber, Jones, Resnick. Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of approving a Development Agree- ment with Setzer Properties DBQ, LLC. PUBLIC HEARINGS 1. Resolution Approving a Development Agreement between the City of Dubuque and Setzer Properties DBQ, LLC providing for the Sale of City -owned Real Estate to Setzer Prop- erties DBQ, LLC: Proof of publication on notice of public hearing to consider City Council ap- proval of a Development Agreement between Setzer Properties DBQ, LLC and the City of Dubuque providing for the sale of City -owned real estate in Dubuque Industrial Center West to Setzer Properties DBQ, LLC, and City Man- ager recommended approval. Motion by Cavanagh to receive and file the documents and adopt Resolution No. 406-21 Approving a Development Agreement between the City of Dubuque Iowa and Setzer Properties DBQ, LLC providing for the sale of real property owned by the City of Dubuque. Seconded by Sprank. Motion carried 7-0. RESOLUTION NO. 406-21 APPROVING A DEVELOPMENT AGREE- MENT BETWEEN THE CITY OF DUBUQUE IOWAAND SETZER PROPERTIES DBQ, LLC PROVIDING FOR THE SALE OF REAL PROPERTY OWNED BY THE CITY OF DUBUQUE Whereas, the City Council of the City of Dubuque, Iowa, on November 1, 2021, adopted an Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Eco- nomic Development District ("the Plan") for the Urban Renewal Area described therein; and Whereas, the Plan provides, among other activities, for the disposition of properties for pri- vate development purposes as a proposed eco- nomic development action; and Book 151 Special Session, November 22, 2021 Whereas, the City of Dubuque is the owner of the following described real property: Lot 2 Dubuque Industrial Center North Third Addition, City of Dubuque, Iowa, ex- cepting therefrom Lot 2A of Dubuque In- dustrial Center North Third Addition, City of Dubuque, per Instrument Number 2021-00015763 in the Dubuque County Recorder's Office; and Lot 1-C Dubuque Industrial Center North First Addition, City of Dubuque, Iowa (the "Property"); and Whereas, Setzer Properties DBQ, LLC ("Developer") has submitted to the City a pro- posal in the form of a Development Agreement for the purchase of the Property, which Devel- opment Agreement proposes the Developer will undertake the construction of certain Minimum Improvements, including a building, on the Property as described in the Development Agreement; and Whereas, Iowa Code Chapter 403 author- izes cities to dispose of property in furtherance of an urban renewal project and to take other actions as may be necessary to carry out the purposes of said Chapter, and the Plan similarly authorizes the City to dispose of property; and Whereas, in compliance with Iowa Code Section 403.8, and to the extent required by law, Iowa Code Section 364.7, the City Council has set forth its proposal to dispose of its inter- ests in the Property and the City Clerk pub- lished a notice on October22, 2021, as required by law soliciting competitive proposals for the sale and development of the Property; and Whereas, as of 10:00 a.m. on November22, 2021, the City Clerk received no competitive proposals for the Property; and Whereas, the City Council finds it is in the best interest of the City of Dubuque to approve the Development Agreement proposed by Set- zer Properties DBQ, LLC and the sale of the Property as provided in the Development Agreement and that the sale of the Property will promote the purposes of the urban renewal law, Iowa Code Ch. 403, in the City of Dubuque and, together with the other consideration provided for in the Development Agreement, that these benefits constitute fair value for the City's sale of the Property under Iowa Code Section 403.8. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The Development Agreement be- tween the City of Dubuque and Setzer Proper- ties DBQ, LLC, including the sale of the Prop- erty as provided therein, is hereby approved. Section 2. The Mayor is authorized and di- rected to execute the Development Agreement on behalf of the City of Dubuque. Section 3. The City Manager is authorized to take such actions as are necessary to carry out the terms of the Development Agreement. 467 Passed, approved, and adopted this 22nd day of November 2021. /s/Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk There being no further business, Mayor Buol declared the meeting adjourned at 6:35 p.m. /s/Adrienne N. Breitfelder, City Clerk 468 Regular Session, December 6, 2021 Book 151 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on December 6, 2021, in the second -floor Council Chambers of the His- toric Federal Building, 350 W. 6th Street. Present: Mayor Buol; Council Members Cavanagh, Farber, Jones (via phone), Resnick, Roussell, Sprank; City Manager Van Milligen, City Attorney Brumwell (via phone). 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. COVID-19 Update: Public Health Spe- cialist Mary Rose Corrigan provided an update on the COVID-19 pandemic and response ac- tivities. PROCLAMATION(S) 1. Eradication of Generational Poverty Day (December 7, 2021) was accepted by Caprice Jones, Executive Director of the Fountain of Youth Program. CONSENT ITEMS Motion by Resnick to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Sprank. Motion carried 7-0. 1. Minutes and Reports Submitted: City Council Proceedings of 11/15 and 11/22; Arts and Cultural Affairs Commission of 11/23; Ca- ble TV Commission of 6/16 and 11/17; Civil Ser- vice Commission of 11/04; Historic Preserva- tion Commission of 11/18; Human Rights Com- mission of 9/13; Library Board of Trustees of 9/23; Library Board of Trustees Update of 11/18; Zoning Board of Adjustment of 10/28; Proof of Publication for City Council Proceed- ings of 11/01. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: Phyllis Hankel for personal injury; Joshua Holder for vehicle damage; Scott Kress for property damage; Caitlyn Tekippe for vehicle damage. Upon mo- tion the documents were received, filed, and re- ferred to the City Attorney. 3. Disposition of Claims: City Attorney ad- vised that the following claims have been re- ferred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Anthony Cobbins for vehicle damage; Phyllis Hankel for personal injury; Joshua Holder for vehicle damage; Scott Kress for property damage; Caitlyn Tekippe for vehicle damage; White Animal Hospital for property damage. Upon motion the documents were re- ceived, filed, and concurred. 4. Approval of City Expenditures: City Man- ager recommended City Council approval for payment of City expenditures. Upon motion the documents were received and filed, and Reso- lution No. 407-21 Authorizing the Director of Fi- nance and Budget/City Treasurer to make cer- tain payments of bills that must be paid and ap- proved for payment in accordance with City pro- cedures was adopted. RESOLUTION NO. 407-21 AUTHORIZING THE DIRECTOR OF FI- NANCE AND BUDGET / CITY TREASURER TO MAKE CERTAIN PAYMENTS OF BILLS THAT MUST BE PAID AND APPROVED FOR PAYMENT IN ACCORDANCE WITH CITY PROCEDURES 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 De- partment personnel in accordance with gener- ally accepted internal control procedures and have been determined to have been requisi- tioned for a lawful municipal purpose; and Whereas, the Finance Director -City Treas- urer 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 pay- ment of certain expenditures known as Excep- tion 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 Treas- urer is hereby authorized to issue payment for goods and services provided for City purposes in response to the purchase orders and con- tracts issued in compliance with state and mu- Book 151 Regular Session, December 6, 2021 469 nicipal code requirements as requested by des- ignated requisitioning authorities in accordance with approved budget appropriations. Section 2. In accordance with Iowa Code Section 372.13(6), the City Clerk and Finance Director are hereby authorized and directed to provide the statement of receipts and disburse- ments to the City Council, and to publish a sum- mary thereof. Passed, approved, and adopted this 6th day of December 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 5. Iowa Tourism Grant Agreement for Exe- cution: City Manager recommended approval of the Iowa Tourism Grant Agreement in the amount of $10,000. Upon motion the docu- ments were received, filed, and approved. 6. National League of Cities Letter on Virtual 2021 City Summit: Correspondence from Nick Kasza, Sustainability Program Manager of the National League of Cities (NLC), thanking Council Member and Mayor -elect Cavanagh for contributing to the NLC's Virtual 2021 City Sum- mit. Upon motion the documents were received and filed. 7. Federal Historic Tax Credit National Sign On Letter: City Manager provided a copy of a national sign on letter to federal legislators and chairmen requesting inclusion of provisions that would enhance the federal historic tax credit within Congress's Build Back Better legislation. Upon motion the documents were received and filed. 8. Environmental Protection Agency (EPA) Environmental Education Grant — City Letter of Commitment: City Manager provided a copy of a letter of commitment from Mayor Buol to the Environmental Protection Agency (EPA) Envi- ronmental Education Review Committee re- garding the National Mississippi River Museum and Aquarium's Teens Take CAARE Climate Action Outreach Project and environmental lit- eracy program. Upon motion the documents were received and filed. 9. Letter of Support for Hirschbach Motor Lines Childcare Challenge Grant Application: City Manager provided a copy of a letter of sup- port to Hirschbach Motor Lines regarding their Childcare Challenge Grant Application to open an on -site high quality Early Learning Center. Upon motion the documents were received and filed. 10. Mediacom Communications Company Letter on Programming Changes and Rate Ad- justments: Correspondence from Lee Grassley, Senior Manager of Government Relations for Mediacom Communications Company, inform- ing the city of programming changes and rate adjustments being implemented on or about January 1, 2022. Upon motion the documents were received and filed. 11. Pre -Annexation Agreement - ITC Mid- west, LLC: City Manager recommended ap- proval of a Pre -Annexation Agreement with ITC Midwest, LLC, for property at 8939 Laudeville Road in Dubuque County located within two miles of the City of Dubuque corporate limits, in conjunction with their request for approval of a final plat. Upon motion the documents were re- ceived and filed, and Resolution No. 408-21 Ap- proving a Pre -Annexation Agreement between the City of Dubuque, Iowa and ITC Midwest, LLC was adopted. RESOLUTION NO.408-21 APPROVING A PRE -ANNEXATION AGREE- MENT BETWEEN THE CITY OF DUBUQUE, IOWA AND ITC MIDWEST, LLC Whereas, ITC Midwest, LLC, the owner of the following described property located at 8939 Laudeville Road, immediately west of the intersection of Olde Davenport and Schueller Heights Roads in Dubuque County, Iowa (the Property) has submitted to the City Council of the city of Dubuque an application for voluntary annexation of the Property to the City of Dubu- que: Lot 4 of Lot 2 in the north half of the southwest quarter of Section 30, Township 88 North, Range 3 East of the 5t" P.M., Dubuque County, Iowa Whereas, ITC Midwest, LLC 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 author- izes 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 or- derly 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 an- nexation of the Property is in the public interest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The Pre -annexation Agreement by and between ITC Midwest, LLC and the City 470 Regular Session, December 6, 2021 Book 151 of Dubuque is hereby approved. Passed, approved, and adopted this 6` day of December 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 12. Pre -Annexation Agreement - Harry J. and Mary E. Althaus - Parcel ID 1002452006: City Manager recommended approval of a Pre - Annexation Agreement with Harry J. and Mary E. Althaus, property owners, of Lot One (1) of Alt's Subdivision, Dubuque, Iowa, in Section 2, Township 89 North, Range 2 East of the 5th P.M., as part of an agreement between the City of Dubuque and Harry J. and Mary E. Althaus to vacate an easement. Upon motion the docu- ments were received and filed, and Resolution No. 409-21 Approving a Pre -Annexation Agree- ment between the City of Dubuque, Iowa and Harry J. and Mary E. Althaus was adopted. RESOLUTION NO. 409-21 APPROVING A PRE -ANNEXATION AGREE- MENT BETWEEN THE CITY OF DUBUQUE, IOWA AND HARRY J. AND MARY E. AL- THAUS Whereas, Harry J. and Mary E. Althaus, the owner of the following described property lo- cated north of Tanzanite Drive and west of Sap- phire Circle in Dubuque County, Iowa (the Property) have submitted to the City Council of the city of Dubuque an application for voluntary annexation of the Property to the City of Dubu- que: Lot One (1) of Alt's Subdivision, Dubu- que County, Iowa, in Section 2, Town- ship 89 North, Range 2 east of the 5th P.M., according to the recorded plats thereof, subject to highway and ease- ments of record. Whereas, Harry J. and Mary E. Althaus have entered into a Pre -annexation Agreement with the City of Dubuque, a copy of which is at- tached 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 author- izes 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 or- derly 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 an- nexation of the Property is in the public interest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The Pre -annexation Agreement by and between Harry J. and Mary E. Althaus and the City of Dubuque is hereby approved. Passed, approved, and adopted this 6th day of December 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breiffelder, City Clerk 13. Pre -Annexation Agreement - Harry J. and Mary E. Althaus - Parcel ID 1002452009: City Manager recommended approval of a Pre - Annexation Agreement with Harry J. and Mary E. Althaus, property owners, of Lot 2 of Alt's Subdivision, Plat 2, in Dubuque County, Iowa, as part of an agreement between the City of Dubuque and Harry J. and Mary E. Althaus to vacate an easement. Upon motion the docu- ments were received and filed, and Resolution No. 410-21 Approving a Pre -Annexation Agree- ment between the City of Dubuque, Iowa and Harry J. and Mary E. Althaus was adopted. RESOLUTION NO. 410-21 APPROVING A PRE -ANNEXATION AGREE- MENT BETWEEN THE CITY OF DUBUQUE, IOWA AND HARRY J. AND MARY E. AL- THAUS Whereas, Harry J. and Mary E. Althaus, the owner of the following described property lo- cated north of Tanzanite Drive and west of Sap- phire Circle in Dubuque County, Iowa (the Property) have submitted to the City Council of the city of Dubuque an application for voluntary annexation of the Property to the City of Dubu- que: Lot 2 of Alt's Subdivision, Plat 2, in Dubuque County, Iowa. Whereas, Harry J. and Mary E. Althaus have entered into a Pre -annexation Agreement with the City of Dubuque, a copy of which is at- tached 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 author- izes 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 or- derly 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 an- nexation of the Property is in the public interest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Book 151 Regular Session, December 6, 2021 471 Section 1. The Pre -annexation Agreement by and between Harry J. and Mary E. Althaus and the City of Dubuque is hereby approved. Passed, approved, and adopted this 6th day of December 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 14. Pre -Annexation Agreement - Randy W. and Constance J. Mueller: City Manager rec- ommended approval of a Pre -Annexation Agreement with Randy W. and Constance J. Mueller, property owners of 10096 Timothy Street in Dubuque County. Upon motion the documents were received and filed, and Reso- lution No. 411-21 Approving a Pre -Annexation Agreement between the City of Dubuque, Iowa and Randy W and Constance J Mueller was adopted. RESOLUTION NO. 411-21 APPROVING A PRE -ANNEXATION AGREE- MENT BETWEEN THE CITY OF DUBUQUE, IOWA AND RANDY W AND CONSTANCE J MUELLER Whereas, Randy W and Constance J Mueller, the owner of the following described property located at 10096 Timothy Street in Dubuque County, Iowa (the Property) have submitted to the City Council of the city of Dubu- que an application for voluntary annexation of the Property to the City of Dubuque: Lot 17 of Twin Ridge Subdivision No. 5 in Section 12, Table Mound Town- ship, Dubuque County, Iowa, accord- ing to the recorded plat thereof Whereas, Randy W and Constance J Mueller have 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 author- izes 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 or- derly 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 an- nexation of the Property is in the public interest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The Pre -annexation Agreement by and between Randy W and Constance J Mueller and the City of Dubuque is hereby ap- proved. Passed, approved, and adopted this 6th day of December 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 15. Pre -Annexation Agreement - Russell K. and Tracey L. Stecklein: City Manager recom- mended approval of a Pre -Annexation Agree- ment with Russell K. and Tracy L. Stecklein, property owners of 106975 Daisy Trail, located in Wildflower Ridge Subdivision in Dubuque County. Upon motion the documents were re- ceived and filed, and Resolution No. 412-21 Ap- proving a Pre -Annexation Agreement between the City of Dubuque, Iowa and Russell K. and Tracey L. Stecklein was adopted. RESOLUTION NO. 412-21 APPROVING A PRE -ANNEXATION AGREE- MENT BETWEEN THE CITY OF DUBUQUE, IOWA AND RUSSELL K. AND TRACEY L. STECKLEIN Whereas, Russell K and Tracey L Stecklein, the owners of the following described property located at 16975 Daisy Trail in Dubuque County, Iowa (the Property) have submitted to the City Council of the city of Dubuque an appli- cation for voluntary annexation of the Property to the City of Dubuque: Lot 8 of Block 1 of Wildflower Ridge Subdivision in Dubuque Township, Dubuque County, Iowa, according to the recorded plat thereof Whereas, Russell K. and Tracey L. Steck- lein have entered into a Pre -annexation Agree- ment with the City of Dubuque, a copy of which is attached hereto governing the future annex- ation 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 author- izes 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 or- derly 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 an- nexation of the Property is in the public interest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The Pre -annexation Agreement by and between Russell K. and Tracey L. Steck- lein and the City of Dubuque is hereby ap- proved. 472 Regular Session, December 6, 2021 Book 151 Passed, approved, and adopted this 6t' day of December 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 16. Rent Abatement and Escrow Policy: City Manager recommended the City Council receive and file the Rent Escrow Policy and the Rent Abatement Policy, ensuring the public has notification these policies are in effect. Upon motion the documents were received and filed. 17. Eagle Point Park Bridge Complex Roof Replacement Project Acceptance: City Man- ager recommended acceptance of the Eagle Point Park Bridge Complex Roof Replacement Project, as completed by Gronen Restoration, Inc., in the final contract amount of $164,194.99, which is a 21.7% increase over the original contract amount of $134,918.00. Upon motion the documents were received and filed, and Resolution No. 413-21 Accepting the Eagle Point Park Bridge Complex Roof Project and authorizing the payment to the contractor was adopted. RESOLUTION NO. 413-21 ACCEPTING THE EAGLE POINT PARK BRIDGE COMPLEX ROOF PROJECT AND AUTHORIZING THE PAYMENT TO THE CONTRACTOR Whereas, the public improvement contract for the Eagle Point Park Bridge Complex Roof Project, (the Project) has been completed by the Contractor, Gronen Restoration (Contrac- tor), the Park Division Manager has examined the work and recommends that the Project be accepted; and Whereas, the final contract amount for the Project is $164,194.99; and Whereas, the City Council finds that the rec- ommendation of the Park Division Manager should be accepted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The recommendation of the Park Division Manager is approved, and the Project is hereby accepted. Section 2. The finance Director is hereby di- rected to pay to the Contractor for the final con- tract amount of $164,194.99.00 less any re- tained percentage provided for therein as pro- vided in Iowa Code chapter 573, and to pay such retainage only in accordance with the pro- visions of Iowa Code chapter 573. Passed, approved, and adopted this 6th day of December 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 18. Public, Educational, and Government (PEG) Fund Expenditure for City Equipment: City Manager recommended approval of the Cable TV Commission recommendation for funding from the Public, Educational, and Gov- ernment (PEG) Capital Grant for Access Equip- ment and Facilities in an amount not to exceed $30,200 for the City of Dubuque for equipment to be used for CityChannel Dubuque by the Public Information Office. Upon motion the doc- uments were received, filed, and approved. 19. Signed Contract(s): WHKS and Co. for Task Order #6 for the Auburn -Custer Streets Water Main Replacement. Upon motion the documents were received and filed. 20. Iowa Department of Transportation HMA Resurfacing Project on US 61: Corre- spondence from Jesse Tibodeau, Assistant District Engineer for the Iowa Department of Transportation, notifying the City Council of a HMA resurfacing project on US 61 near the Dubuque Airport to Lake Eleanor Road. Upon motion the documents were received and filed. 21. Phase 3 - HMA Pavement Milling and Resurfacing Project: White Street (9th to 11th and 11th Street (White to Elm) Acceptance of Public Improvement Project: City Manager rec- ommended acceptance of the construction con- tract for the HMA Pavement Milling and Resur- facing Project on White Street (formerly U.S. 52) from 9th to 11th Street and on 11th Street from White to Elm Street, as completed by East- ern Iowa Excavating and Concrete, LLC, in the final contract amount of $659,031.01, which is a 0.71 % decrease from the original contact amount of $663,771.22. Upon motion the docu- ments were received and filed, and Resolution No. 414-21 Accepting the HMA Pavement Mill- ing and Resurfacing Project on White Street (formerly U.S. 52) from 9th to 11th Street and on 11th Street from White to Elm Street and author- izing the payment to the contractor was adopted. RESOLUTION NO.414-21 ACCEPTING THE HMA PAVEMENT MILLING AND RESURFACING PROJECT ON WHITE STREET (FORMERLY US52) FROM 9T" TO 11T" STREET AND ON 11T" STREET FROM WHITE TO ELM STREET AND AUTHORIZ- ING THE PAYMENT TO THE CONTRACTOR Whereas, the public improvement contract for the HMA Pavement Milling and Resurfacing Project on White Street (formerly US52) from 9th to 11th Street and on 11th Street from White to Elm Street, (the Project) has been completed by the Contractor, Eastern Iowa Excavating and Concrete, LLC of Cascade, Iowa (Contractor), the City Engineer has examined the work and recommends that the Project be accepted; and Book 151 Regular Session, December 6, 2021 473 Whereas, the final contract amount for the Project is $659,030.01; and Whereas, the Contractor has previously been paid $635,884.19, leaving a balance of $23,145.82; and Whereas, the City Council finds that the rec- ommendation 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 $23,145.82 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 6th day of December 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF HMA PAVEMENT MILL- ING AND RESURFACING PROJECT ON WHITE STREET (FORMERLY US52) FROM 9T" TO 11T" STREET AND ON 11T" STREET FROM WHITE TO ELM STREET The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the HMA Pavement Milling and Re- surfacing Project on White Street from 9th to 11 th Street and on 11th Street from White to Elm Street has been performed in compliance with the terms of the Public Improvement Contract, and that the total project cost of the completed work is $770,176.41. Dated this 2nd day of December 2021. /s/ Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 2nd day of December 2021. /s/Adrienne N. Breitfelder, City Clerk 22. Althaus Agreement to Vacate Ease- ment: City Manager recommended approval of an Agreement to Vacate Easement with Harry J. and Mary E. Althaus for the vacation of 48,391 square foot permanent right-of-way easement that is part of Tanzanite Drive across Lot 2 of Alt's Subdivision, Plat 2, in Dubuque County, Iowa, to facilitate future development of the property. Upon motion the documents were received and filed, and Resolution No. 415-21 Approving an Agreement to Vacate Easement between the City of Dubuque, Iowa and Harry J. and Mary E. Althaus was adopted. RESOLUTION NO.415-21 APPROVING AN AGREEMENT TO VACATE EASEMENT BETWEEN THE CITY OF DUBU- QUE, IOWA AND HARRY J. AND MARY E. ALTHAUS Whereas, the City of Dubuque is party to an Agreement to Vacate Easement with Harry J. and Mary E. Althaus (Althaus) for the vacation of a 48,391 square foot permanent right of way easement that is part of Tanzanite Drive across Lot 2 of Alt's Subdivision, Plat 2, in Dubuque County, Iowa, as shown on the Acquisition Plat recorded as Instrument Number 12718-01 in the Dubuque County Recorder's Office; and Whereas, the City has determined that the remaining right of way area in Tanzanite Drive is sufficient to accommodate existing and future utilities; and Whereas, Althaus has executed the Agree- ment to Vacate Easement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Agreement to Vacate Ease- ment attached hereto is hereby approved. Section 2. The Mayor is authorized and di- rected to execute the Agreement to Vacate Easement on behalf of the City of Dubuque Passed, approved, and adopted this 6th day of December 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 23. Design of the Granger Creek Pump Sta- tion Upgrade Project: City Manager requested authorization to release a Request for Proposal for the Design of the Granger Creek Pump Sta- tion Update Project. Upon motion the docu- ments were received, filed, and approved. 24. Design of the Tamarack Sanitary Sewer Extension Project: City Manager requested au- thorization to release a Request for Proposal for the Design of the Tamarack Sanitary Sewer Ex- tension Project. Upon motion the documents were received, filed, and approved. 25. Design of the Twin Ridge Sanitary Sewer Extension Project: City Manager re- quested authorization to release a Request for Proposal for the Design of the Twin Ridge San- itary Sewer Extension Project. Upon motion the documents were received, filed, and approved. 26. 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. 416-21 Approving applications for beer, liquor, and/or wine permits, as re- quired 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. 474 Regular Session, December 6, 2021 Book 151 RESOLUTION NO. 416-21 APPROVING APPLICATIONS FOR BEER, LIQUOR, AND/OR WINE PERMITS, AS RE- QUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LI- CENSE REGULATIONS, CHAPTER 2 LIQ- UOR CONTROL, ARTICLE B LIQUOR, 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, provisionally approved, and/or approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City, and the applicants have filed the proper fees and bonds and otherwise complied with the requirements of the Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Renewals Fuel Express Food Mart, 250 W 1st St. Happy's Place, 2323 Rockdale Rd Pepper Sprout, Inc., 378 Main St. Next Phase Bar, 1700 Central Ave Section 1. The City Clerk is hereby author- ized and directed to cause to be issued the noted permit types to the following applicants pending submission of the locally required doc- umentation: Passed, approved, and adopted this 6th day of December 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk ITEMS SET FOR PUBLIC HEARING Motion by Roussell to receive and file the documents, adopt the resolutions, and set the public hearings as indicated. Seconded by Far- ber. Motion carried 7-0. 1. Fiscal Year 2022 Annual Action Plan Amendment #2 Public Hearing: City Manager recommended the City Council set a public hearing for December 20, 2021, on the Fiscal Year 2022 Annual Action Plan Amendment #2 for the use of Community Development Block Grant Funds. Upon motion the documents were received and filed and Resolution No. 417-21 Setting a public hearing on the Fiscal Year 2022 (Program Year 2021) Community Development Block Grant (CDBG) Annual Action Plan Amendment #2 was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on December 20, 2021 in the Historic Federal Building. RESOLUTION NO. 417-21 SETTING A PUBLIC HEARING ON THE FIS- CAL YEAR 2022 (PROGRAM YEAR 2021) COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN AMENDMENT #2 Whereas, the City of Dubuque, through a series of public meetings and hearings, pro- posed a Fiscal Year 2022 (Program Year 2021) Community Development Block Grant Annual Action Plan for inclusion in the City Budget ad- dressing housing and non -housing needs in the community; and Whereas, the City desires to hold a public hearing to receive comment on the proposed second amendment to the Fiscal Year 2022 (Program Year 2021) Community Development Block Grant Annual Action Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council will meet in the Historic Federal Building, Council Cham- bers, 2nd Floor, 350 West 6th Street, Dubuque, Iowa at 6:30 p.m. on December 20, 2021, for the purpose of holding a public hearing and tak- ing action to include the Fiscal Year 2022 (Pro- gram Year 2021) Community Development Block Grant Annual Action Plan Amendment #2 in the City Budget. Section 2. That the City Clerk is hereby au- thorized and directed to publish a notice of such public hearing and the City Council's intent to review and take action on the Fiscal Year 2022 (Program Year 2021) Community Development Block Grant Annual Plan Amendment #2. Passed, approved, and adopted this 6th day of December 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 2. Vacate Portion of Tanzanite Drive/Right of Way Easement - Althaus Agreement to Va- cate Easement; City Manager recommended approval of the request to vacate a 48,391 square foot permanent right of way easement that is part of Tanzanite Drive for a purchase price of $17,500, and recommends that a public hearing be set for December 20, 2021, on the disposal of this property. Upon motion the doc- uments were received and filed and Resolution No. 418-21 Intent to vacate and dispose of city interest in a Permanent Right of Way Ease- ment, being part of Tanzanite Drive, over and across Lot 2 of Alt's Subdivision, Plat 2, in Dubuque County, Iowa was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on December 20, 2021 in the Historic Federal Building. Book 151 Regular Session, December 6, 2021 475 RESOLUTION NO. 418-21 INTENT TO VACATE AND DISPOSE OF CITY INTEREST IN A PERMANENT RIGHT OF WAY EASEMENT, BEING PART OF TANZA- NITE DRIVE, OVER AND ACROSS LOT 2 OF ALT'S SUBDIVISION, PLAT 2, IN DUBUQUE COUNTY, IOWA Whereas, Harry J. and Mary E. Althaus (Al- thaus) are the current owners of Lot 2 of Alt's Subdivision, Plat 2, in Dubuque County, Iowa; and Whereas, the City holds a 48,391 square foot permanent right of way easement that is part of Tanzanite Drive across Lot 2 of Alt's Subdivision, Plat 2, in Dubuque County, Iowa, as shown on the Acquisition Plat recorded as Instrument Number 12718-01 in the Dubuque County Recorder's Office; and Whereas, the City and Althaus have en- tered into an agreement to vacate said 48,391 square foot permanent right of way easement that is part of Tanzanite Drive across Lot 2 of Alt's Subdivision, Plat 2, in Dubuque County, Iowa; and Whereas, the remaining right of way area in Tanzanite Drive is sufficient to accommodate existing and future utilities. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the City of Dubuque, intends to vacate and dispose of its interest in the per- manent right of way easement across Lot 2 of Alt's Subdivision, Plat 2, in Dubuque County, Iowa, as shown on the Acquisition Plat rec- orded as Instrument Number 12718-01 in the Dubuque County Recorder's Office, and as shown on the attached Exhibit A. Section 2. That the City Clerk be and is hereby authorized and directed to cause a no- tice of intent to dispose of said interest to be published in the manner as prescribed by law. Passed, approved and adopted this 6t" day of December 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk BOARDS/COMMISSIONS 1. Applications were reviewed for the follow- ing Boards and Commissions. Applicants were invited to address the City Council regarding their desire to serve on the following Boards/Commissions. i. Civic Center Advisory Commission: One, 3-Year term through June 29, 2022 (Vacant term of Huff). Applicant: Brenda Christner, 655 Florence St. Ms. Christner spoke in support of her appointment and provided a brief biog- raphy. ii. Historic Preservation Commission: One, 3-Year term through July 1, 2022 (Interim Jack- son Park term of Reber) Applicant: Janice Es- ser, 1072 Locust St. - Qualifies for Jackson Park District. This commission is subject to the State of Iowa Gender Balance Law. 9 Commis- sioners total; currently 5 males/2 females/2 opening. iii. Investment Oversight Advisory Commis- sion: One, 3-Year term through July 1, 2022 (Vacant term of Reisdorf). Applicant: Joshua Merritt, 2454 Pennsylvania Ave. PUBLIC HEARINGS 1. 2022 John F. Kennedy Road Sidewalk In- stallation Project: Proof of publication on notice of public hearing to consider City Council ap- proval of a Resolution of Necessity and ap- proval of the Preliminary Schedule of Assess- ments for the 2022 John F. Kennedy (JFK) Road Sidewalk Installation Project, and City Manager recommended approval. Motion by Cavanagh to receive and file the documents and adopt Resolution No. 419-21 Necessity for the 2022 John F. Kennedy Road Sidewalk In- stallation Project and Resolution No. 420-21 Approving the Preliminary Plats, Schedule of Assessments and estimate of total cost for the 2022 John F. Kennedy Road Sidewalk Installa- tion Project. Seconded by Jones. Sheri Clancy, 2691 Marywood Dr.; Jolene Rettenberger, 2291 Gordon Dr.; and Robert Biggin, 3253 Arrow - wood Ln., spoke in opposition to the proposed installation of sidewalks along JFK Road. Charles Winterwood, 1555 Montrose Ter.; and Bill Stoffel, 2905 Fox Hollow, spoke in support of sidewalk installation. City Clerk Breitfelder stated that public input opposing sidewalks was submitted by the following: Larry Youtzy; Mar- gie McDonnell, 2548 Rosewood Dr.; Lavonne Jahnke Cohen on behalf of her mother, Virginia Jahnke, 3199 JFK Road; Sheri Clancy, 2691 Marywood Dr.; and two opposition petitions submitted on December 1, 2021, by Jolene Ret- tenberger, 2291 Gordon Dr. City Clerk Breit- felder also stated that public input supporting sidewalks was submitted by Jan and Bill Stoffel, 2905 Fox Hollow. Responding to a question from the City Council, City Engineer Gus Psi- hoyos summarized the city-wide policy for side- walks, including that all new street projects re- quire sidewalk installation. Civil Engineer II Jon Dienst summarized the stump and sidewalk re- placement policy. City Council discussed the necessity of sidewalks for pedestrian safety and the opportunities pursued by city staff to assist residents with their assessment costs and fu- ture snow removal. Motion carried 7-0. 476 Regular Session, December 6, 2021 Book 151 RESOLUTION NO. 419-21 NECESSITY FOR THE 2022 JOHN F. KEN- NEDY ROAD SIDEWALK INSTALLATION PROJECT Whereas, the plat, preliminary schedule of assessments, and estimate of total cost for the 2022 John F. Kennedy Road Sidewalk Installa- tion Project have been duly prepared and ap- proved by the City Council of the City of Dubu- que and ordered placed on file in the office of City Clerk. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: The 2022 John F. Kennedy Road Sidewalk Installation Project will provide: Installation of sidewalks along John F. Kennedy Road from Asbury Road to the NW Arterial in areas sidewalks do not ex- ist. Installation of 3884 LF of 4' wide concrete sidewalk Installation of 1164 SF of retaining wall at 7 locations Installation of new ADA pedestrian access ramps at street intersections Restoration of disturbed areas with seed, fertilizer, and mulch There is on file in the office of the City Clerk an estimated total cost of the work, and a pre- liminary plat and schedule showing the amount proposed to be assessed to each lot for the im- provement. The Council will hear property owners sub- ject to the assessment and interested parties for or against the improvement, its cost, the as- sessment, or the boundaries of the district on the 6th of December 2021 at 6:30 p.m. at the Historic Federal Building Council Chambers (and/or by virtual means), 350 West 6th Street, Dubuque, Iowa. That the City Council deems it advisable and necessary for the public welfare to make the herein mentioned improvements. Unless a property owner files objections with the City Clerk at the time of hearing on the resolution of necessity, the property owner is deemed to have waived all objections pertain- ing to the regularity of the proceeding and the legality of using the special assessment proce- dure. Said improvements shall be constructed in accordance with the plans and specifications which have been approved by the City Council and are now on file in the Office of the City Clerk. The cost of making such improvement will be assessed against property lying with the assessment limits. The above resolution was introduced, ap- proved, and ordered placed on file with the City Clerk this 6m day of December 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk RESOLUTION NO. 420-21 APPROVING THE PRELIMINARY PLATS, SCHEDULE OF ASSESSMENTS AND ESTI- MATE OF TOTAL COST FOR THE 2022 JOHN F. KENNEDY ROAD SIDEWALK IN- STALLATION PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That the attached preliminary plats, sched- ule of assessments, and estimate of total cost for the 2022 John F. Kennedy Road Sidewalk Installation Project are hereby approved. Passed, approved and adopted this 6th day of December 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breiffelder, City Clerk 2. 2021 Redistricting Plan for City Wards and Precincts: Proof of publication on notice of public hearing to consider City Council approval of the 2021 Redistricting Plan for City Wards and Precincts, and City Manager recom- mended approval. Motion by Cavanagh 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 Sprank. Respond- ing to a question from the City Council, Planning Services Manager Wally Wernimont summa- rized the process for the city expanding its pre- cincts to include rural areas as extraterritorial precincts. Motion carried 7-0. Motion by Cavanagh for final consideration and passage of Ordinance No. 43-21 Amending Title 1 Administration of the City of Dubuque Code, by amending Chapter 8 Elections, Pre- cincts and Wards, by updating precinct bound- aries to reflect the 2021 Wards and Precincts Redistricting Plan. Seconded by Sprank. Mo- tion carried 7-0. Motion by Cavanagh to receive and file the documents and adopt Resolution No. 421-21 Approving a Precinct Agreement between Dubuque County and the City of Dubuque. Se- conded by Sprank. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 43-21 AMENDING TITLE 1 ADMINISTRATION OF THE CITY OF DUBUQUE CODE, BY AMEND- ING CHAPTER 8 ELECTIONS, PRECINCTS AND WARDS, BY UPDATING PRECINCT BOUNDARIES TO REFLECT THE 2021 WARDS and PRECINCTS REDISTRICTING PLAN NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That Title 1 of the City of Dubu- que Code of Ordinances, Chapter 8 Elections, Precincts and Wards, is hereby amended by Book 151 Regular Session, December 6, 2021 477 updating precinct and ward boundaries to re- flect the 2021 Wards and Precincts Redistrict- ing Plan by repealing sections 8-4 through 8-28 and adopting the following precinct and wards descriptions: 1-8-4: PRECINCT 1: The 1st Precinct is described as that por- tion of the city of Dubuque and Dubuque County bounded by a line • beginning at the point where Fremont Avenue intersects North Cascade Road, • thence southwesterly along North Cascade Road until it intersects the boundary of the city of Dubuque, • thence southwesterly along the boundary of the city of Dubuque until it intersects the boundary of Table Mound Township, • thence westerly along the boundary of Table Mound Township until it inter- sects with the boundary of the city of Dubuque, • thence westerly and southerly along the boundary of the city of Dubuque until it intersects with the centerline of US Highway 61, • thence northerly and easterly along the boundary of the city of Dubuque until it intersects the boundary of Mo- salem Township, • thence northerly along the boundary of Mosalem Township until it intersects with the boundary of the city of Dubu- que • thence westerly along the boundary of the city of Dubuque until it intersects US Highway 151/61, • thence northerly along Highway 151/61 until it intersects the Chicago Central and Pacific Railroad center- line, • thence westerly along the Chicago Central and Pacific Railroad centerline until it intersects Fremont Avenue, • thence southwesterly along Fremont Avenue to the point of origin at the in- tersection of Fremont Avenue and North Cascade Road. 1-8-5: PRECINCT 2: The 2nd Precinct is described as that por- tion of the city of Dubuque bounded by a line • beginning at the point where South Grandview Avenue intersects Southern Avenue, • thence southerly along Southern Av- enue until it intersects Rockdale Road, • thence southwesterly along Rock- dale Road until it intersects the Chi- cago Central and Pacific Railroad centerline, • thence northerly along the Chicago Central and Pacific Railroad center- line until it intersects Fremont Ave- nue, • thence southerly and westerly along Fremont Avenue until it intersects North Cascade Road, • thence westerly along North Cas- cade Road until it intersects the boundary of the city of Dubuque, • thence northerly and westerly along the boundary of the city of Dubuque until it intersects the boundary of Census Block 3014, Tract 101.04, • thence northerly along the boundary of Census Block 3014, Tract 101.04 until it intersects Dodge Street, • thence easterly along Dodge Street until it intersects John F. Kennedy Road, • thence northerly along John F. Ken- nedy Road until it intersects Univer- sity Avenue, • thence easterly along University Av- enue until it intersects University Av- enue Extension, • thence southerly along University Avenue Extension until it intersects Dodge Street, • thence easterly along Dodge Street until it intersects South Grandview Avenue, • thence southerly along South Grandview Avenue to the point of origin at the intersection of South Grandview Avenue and Southern Avenue. 1-8-6: PRECINCT 3: The 3rd Precinct is described as that por- tion of the city of Dubuque bounded by a line • beginning at the point where the Northwest Arterial intersects Dodge Street, • thence easterly along Dodge Street until it intersects Wacker Drive, • thence northerly along Wacker Drive until it intersects John F. Kennedy Road, • thence northerly along John F. Ken- nedy Road until it intersects Hillcrest Road, • thence westerly along Hillcrest Road until it intersects Key Way Drive, • thence southerly along Key Way Drive until it intersects Census Block 1009, Tract 12.05, 478 Regular Session, December 6, 2021 Book 151 • thence westerly along Census Block 1009, Tract 12.05 until it intersects Census Block 1019, Tract 12.05, • thence northwesterly along Census Block 1019, Tract 12.05 until it inter- sects with Hillcrest Road, • thence westerly along Hillcrest Road until it intersects Rosemont Street, • thence southerly along Rosemont Street until it intersects Pennsylva- nia Avenue, • thence westerly along Pennsylvania Avenue until it intersects the North- west Arterial, • thence southerly along the North- west Arterial to the point of origin at the intersection of the Northwest Ar- terial and Dodge Street. 1-8-7: PRECINCT 4: The 4th Precinct is described as that por- tion of the city of Dubuque and Dubuque County bounded by a line • beginning at the point where the Northwest Arterial intersects Dodge Street, • thence westerly along Dodge Street until it intersects, Census Block 3014, Tract 101.04, • thence southerly along Census Block 3014, Tract 101.04 until it in- tersects the boundary of the city of Dubuque, • thence easterly along the boundary of the city of Dubuque until it inter- sects the intersection of the bound- ary of Dubuque Township and the boundary of Table Mound Township, • thence westerly along the boundary of Dubuque Township until it inter- sects Census Block 3029, Tract 101.04, • thence southeasterly along the boundary of Census Block 3029, Tract 101.04 until it intersects the boundary of the city of Dubuque, • thence southerly and westerly along the boundary of the city of Dubuque until it intersects the intersection of US Highway 20, • thence westerly along the boundary of the city of Dubuque until it inter- sects the intersection of Seippel Road and Old Highway Road, • thence northerly along Seippel Road until it intersects the boundary of the city of Dubuque, • thence northerly along the boundary of city of Dubuque until it intersects the intersection of Census Block 1001, Tract 11.03 and Asbury Road, • thence easterly along Asbury Road until its intersection with eastern boundary of Block 1001, Tract 12.05, • thence southerly along Block 1001, Tract 12.05 until it intersects Hillcrest Road, • thence westerly along Hillcrest Road until it intersects Rosemont Street, • thence southerly along Rosemont Street until it intersects Pennsylva- nia Avenue, • thence westerly along Pennsylvania Avenue until it intersects the North- west Arterial, • thence southerly along the North- west Arterial to the point of origin at the intersection of the Northwest Ar- terial and Dodge Street. 1-8-8: PRECINCT 5: The 5ch Precinct is described as that por- tion of city of Dubuque and Dubuque County bounded by a line • beginning at the point where John F. Kennedy Road intersects Hillcrest Road, • thence westerly along Hillcrest Road until it intersects Key Way Drive, • thence southerly along Key Way Drive until it intersects Census Block 1009, Tract 12.05, • thence westerly along Census Block 1009, Tract 12.05 until it intersects Census Block 1019, Tract 12.05, • thence northwesterly along Census Block 1019, Tract 12.05 until it inter- sects Census Block 1001, Tract 12.05, • thence along the easterly boundary of Census Block 1001, Tract 12.05 until it intersects Asbury Road, • thence westerly along Asbury Road to where it intersects the boundary of the city of Asbury, • thence westerly along the boundary of the city of Asbury until it intersects the intersection of Hales Mill Road and Sagewood Drive, • thence westerly along Sagewood Drive until it intersects Hales Mill Road, • thence northwesterly along Hales Mill Road until it intersects Derby Grange Road, • thence northeasterly along Derby Grange Road until it intersects the intersection of Census Block 1038, Tract 101.04 and the boundary of the city of Dubuque, • thence northerly, easterly, and southerly along the boundary of the city of Dubuque until it intersects the intersection of John Wesley Drive and Kennedy Road, Book 151 Regular Session, December 6, 2021 479 • thence southerly along Kennedy Road/John F Kennedy Road until it intersects the point of origin at the in- tersection of John F Kennedy Road and Hillcrest Road. 1-8-9: PRECINCT 6: The 6th Precinct is described as that por- tion of the city of Dubuque and Dubuque County bounded by a line • beginning at the point that Asbury Road intersects John F. Kennedy Road, • thence northerly along John F. Ken- nedy Road until it intersects Barony Drive, • thence easterly along Barony Drive until it intersects Kingston Way, • thence northerly along Kingston Way until it intersects Forest Gate Road, • thence northerly along Forest Gate Road until it intersects Kennedy Road, • thence easterly along Kennedy Road until it intersects Rolling Hills, • thence southwesterly along Rolling Hills until it intersects the boundary of the city of Sageville, • thence westerly along the boundary of the city of Sageville until it inter- sects the boundary of the city of Dubuque, • thence southerly and easterly along the boundary of the city of Dubuque until it intersects Central Avenue, • thence southerly along Central Ave- nue until it intersects Aquin Avenue, • thence easterly along Aquin Avenue until it intersects Jackson Street, • thence southerly along Jackson Street until it intersects East 32nd Street, • thence westerly along East 32nd Street/West 32nd Street until it inter- sects Carter Road, • thence southerly along Carter Road until it intersects Kaufmann Avenue, • thence westerly along Kaufmann Av- enue until it intersects Evergreen Drive, • thence southerly along Evergreen Drive until it intersects Asbury Road, • thence westerly along Asbury Road to the point of origin at the intersec- tion of Asbury Road and John F. Kennedy Road. 1-8-10: PRECINCT 7: The 71h Precinct is described as that por- tion of the city of Dubuque bounded by a line • beginning at the point that Wacker Drive and Dodge Street intersect, • thence northerly along Wacker Drive until it intersects John F. Kennedy Road, • thence northerly along John F. Ken- nedy Road until it intersects Asbury Road, • thence easterly along Asbury Road until it intersects Chaney Road, • thence southerly along Chaney Road until it intersects Saint Anne Drive, • thence westerly along Saint Anne Drive until it intersects Bristol Drive, • thence southerly along Bristol Drive until it intersects Pennsylvania Ave- nue, • thence easterly along Pennsylvania Avenue until it intersects Drexel Av- enue, • thence southerly along Drexel Ave- nue until it intersects Van Buren Street, • thence westerly along Van Buren Street until it intersects Census Block 3015, Tract 12.01, • thence southerly along Census Block 3015, Tract 12.01 until it inter- sects University Avenue, • thence westerly along University Av- enue until it intersects John F. Ken- nedy Road, • thence southerly along John F. Ken- nedy Road until it intersects Dodge Street, • thence westerly along Dodge Street to the point of origin at the intersec- tion of Wacker Drive and Dodge Street. 1-8-11: PRECINCT 8: The 8th Precinct is described as that portion of the city of Dubuque bounded by a line • beginning at the point that North Grandview Avenue intersects West 32nd Street, • thence westerly along West 32nd Street until it intersects Carter Road, • thence southerly along Carter Road until it intersects Kaufmann Avenue, • thence westerly along Kaufmann Av- enue until it intersects Evergreen Drive, • thence southerly along Evergreen Drive until it intersects Asbury Road, • thence easterly along Asbury Road until it intersects Chaney Road, • thence southerly along Chaney Road until it intersects Saint Anne Drive, 480 Regular Session, December 6, 2021 Book 151 • thence easterly along Saint Anne Drive until it intersects Wilbricht Lane, • thence easterly along Wilbricht Lane until it intersects Asbury Road, • thence southeasterly along Asbury Road until it intersects Rosedale Av- enue, • thence easterly along Rosedale Av- enue until it intersects Avoca Street, • thence northerly along extension of Avoca Street until it intersects North Grandview Avenue, • thence northerly along North Grandview Avenue to the point of origin at the intersection of North Grandview Avenue and West 32nd Street. 1-8-12: PRECINCT 9: The gth Precinct is described as that por- tion of the city of Dubuque bounded by a line • beginning at the point that Hemp- stead Street intersects Kaufmann Avenue, • thence westerly along Kaufmann Av- enue until it intersects North Grandview Avenue Extension, • thence southwesterly along North Grandview Avenue Extension until it intersects North Grandview Avenue, • thence southerly along North Grandview Avenue until it intersects Avoca Street, • thence southerly along Avoca Street until it intersects Delaware Street, • thence easterly along Delaware Street until it intersects North Grandview Avenue, • thence southerly along North Grandview Avenue until it intersects Fillmore Street, • thence easterly along Fillmore Street until it intersects Adair Street, • thence southerly along Adair Street until it intersects Loras Boulevard, • thence easterly along Loras Boule- vard until it intersects Loras College Parkway, • thence northerly along Loras Col- lege Parkway until it intersects Cox Street, • thence northerly along Cox Street until it intersects Kirkwood Street, • thence northeasterly along Kirkwood Street until it intersects West Locust Street, • thence easterly along West Locust Street until it intersects Foye Street, • thence northerly along Foye Street until it intersects Lowell Street, • thence westerly along Lowell Street until it intersects Hempstead Street, • thence northerly along Hempstead Street to the point of origin at the in- tersection of Hempstead Street and Kaufmann Avenue. 1-8-13: PRECINCT 10: The 10th Precinct is described as that por- tion of the city of Dubuque bounded by a line • beginning at a point that University Avenue Extension intersects Dodge Street, • thence easterly along Dodge Street until it intersects Census Block 3021, Tract 9, • thence northerly along Census Block 3021, Tract 9 until it intersects Ben- nett Street, • thence easterly along Bennett Street until it intersects North Algona Street, • thence northerly along North Algona Street until it intersects Delaware Street, • thence westerly along Delaware Street until it intersects Avoca Street, • thence northerly along Avoca Street until it intersects Rosedale Avenue, • thence westerly along Rosedale Av- enue until it intersects Asbury Road, • thence northwesterly along Asbury Road until it intersects Wilbricht Lane, • thence westerly along Wilbricht Lane until it intersects Saint Anne Drive, • thence westerly along Saint Anne Drive until it intersects Bristol Drive, • thence southerly along Bristol Drive until it intersects Pennsylvania Ave- nue, • thence easterly along Pennsylvania Avenue until it intersects Drexel Av- enue, • thence southerly along Drexel Ave- nue until it intersects Van Buren Street, • thence westerly along Van Buren Street until it intersects Census Block 3015, Tract 12.01, • thence southerly along Census Block 3015, Tract 12.01 until it inter- sects University Avenue, • thence easterly along University Av- enue until it intersects University Av- enue Extension, • thence southerly along University Avenue Extension to the point of Book 151 Regular Session, December 6, 2021 481 origin at the intersection of Univer- sity Avenue Extension and Dodge Street. 1-8-14: PRECINCT 11: The 11th Precinct is described as that por- tion of the city of Dubuque bounded by a line • beginning at the point that North Grandview Avenue intersects Kauf- mann Avenue, • thence southerly along North Grandview Avenue until it intersects North Grandview Avenue Extension, • thence easterly along North Grandview Avenue Extension until it intersects Kaufmann Avenue, • thence easterly along Kaufmann Av- enue until it intersects Valeria Street, • thence easterly along Valeria Street until it intersects West 23rd Street, • thence easterly along West 23rd Street until it intersects Central Ave- nue, • thence northerly along Central Ave- nue until it intersects West 32nd Street, • thence westerly along West 32nd Street until it intersects North Grandview Avenue, • thence southerly along North Grandview Avenue to the point of origin at the intersection of North Grandview Avenue and Kaufmann Avenue. 1-8-15: PRECINCT 12: The 12th Precinct is described as that por- tion of the city of Dubuque bounded by a line • beginning at the intersection of Aquin Avenue and Central Avenue, • thence easterly along Aquin Avenue until it intersects Jackson Street, • thence southerly along Jackson Street until it intersects East 32nd Street, • thence easterly along East 32nd Street until it intersects Census Block 2024, Tract 101.03, • thence northerly along Census Block 2024, Tract 101.03 until it intersects Louella Lane, • thence northeasterly along Louella Lane until it intersects Peru Road, • thence easterly along Peru Road un- til it intersects Sheridan Road, • thence easterly along Sheridan Road until it intersects Davis Street, • thence easterly along Davis Street until it intersects Windsor Avenue, • thence southerly along Windsor Av- enue until it intersects Hennepin Street, • thence easterly along Hennepin Street until it intersects Stafford Street, • thence southerly along Stafford Street until it intersects Pleasant Street, • thence easterly along Pleasant Street until it intersects Viola Street, • thence northerly along Viola Street until it intersects Eagle Street, • thence easterly along Eagle Street until it intersects Thomas Place, • thence northeasterly along Thomas Place until it intersects Ascension Street, • thence easterly along Ascension Street until it intersects Prescott Street, • thence northeasterly along Prescott Street until it intersects Roosevelt Street, • thence northwesterly along Roose- velt Street until it intersects Peru Road, • thence northerly along Peru Road until it intersects the boundary of the city of Dubuque, • thence westerly along the boundary of the city of Dubuque until it inter- sects Central Avenue, • thence southerly along Central Ave- nue to the point of origin at the inter- section of Aquin Avenue and Central Avenue. 1-8-16: PRECINCT 13: The 13th Precinct is described as that por- tion of the city of Dubuque bounded by a line • beginning at the point that Central Avenue intersects East 24th Street, • thence northeasterly along East 24th Street until it intersects Queen Street, • thence northerly along Queen Street until it intersects Marquette Place, • thence northeasterly along Mar- quette Place until it intersects Cen- sus Block 2009, Tract 4, • thence northeasterly along Census Block 2009, Tract 4 until it intersects Clinton Street, • thence easterly along Clinton Street until it intersects Brunswick Street, • thence northerly along Brunswick Street until it intersects Strauss Street, • thence easterly along Strauss Street until it intersects Balke Street, 482 Regular Session, December 6, 2021 Book 151 • thence northwesterly along Balke Street until it intersects Lawther Street, • thence northeasterly along Lawther Street until it intersects Windsor Av- enue, • thence northerly along Windsor Ave- nue until it intersects Davis Street, • thence westerly along Davis Street until it intersects Sheridan Road, • thence northerly along Sheridan Road until it intersects Peru Road, • thence southwesterly along Peru Road until it intersects Louella Lane, • thence northerly along Louella Lane until it intersects Census Block 2006, Tract 101.03, • thence southerly along Census Block 2006, Tract 101.03 until it in- tersects East 32"d Street, • thence southwesterly along East 32"d Street until it intersects Central Avenue, • thence southeasterly along Central Avenue to the point of origin at the intersection of Central Avenue and East 24th Street. 1-8-17: PRECINCT 14: The 14th Precinct is described as that por- tion of the city of Dubuque bounded by a line • beginning at the point that East 18th Street intersects Central Avenue, • thence northerly along Central Ave- nue until it intersects East 24th Street, • thence easterly along East 24th Street until it intersects Queen Street, • thence northerly along Queen Street until it intersects Marquette Place, • thence northerly along Marquette Place until it intersects Census Block 2009, Tract 4, • thence northeasterly along Census Block 2009, Tract 4 until it intersects Clinton Street, • thence easterly along Clinton Street until it intersects Brunswick Street, • thence northerly along Brunswick Street until it intersects Strauss Street, • thence northeasterly along Strauss Street until it intersects Balke Street, • thence northwesterly along Balke Street until it intersects Lawther Street, • thence northeasterly along Lawther Street until it intersects Windsor Av- enue, • thence southerly along Windsor Av- enue until it intersects Hennepin Street, • thence easterly along Hennepin Street until it intersects Stafford Street, • thence southerly along Stafford Street until it intersects Pleasant Street, • thence easterly along Pleasant Street until it intersects Viola Street, • thence northerly along Viola Street until it intersects Eagle Street, • thence easterly along Eagle Street until it intersects Thomas Place, • thence southerly along Thomas Place until it intersects Farley Street, • thence southeasterly along Farley Street until it intersects Rhomberg Avenue, • thence southwesterly along Rhom- berg Avenue until it intersects Kniest Street Right -of -Way, • thence southeasterly along Kniest Street Right -of -Way until it intersects Garfield Avenue, • thence southwesterly along Garfield Avenue until it intersects Pine Street, • thence southerly along Pine Street until it intersects Census Block 4026, Tract 5, • thence westerly along Census Block 4026, Tract 5, until it intersects East 18th Street, • thence westerly along East 18th Street to the point of origin at the in- tersection of East 18th Street and Central Avenue. 1-8-18: PRECINCT 15: The 15th Precinct is described as that por- tion of the city of Dubuque and Dubuque County bounded by a line • beginning at the point that Peru Road intersects Roosevelt Street, • thence northerly along Peru Road until it intersects the boundary of the city of Dubuque, • thence westerly along the boundary of the city of Dubuque until it inter- sects Tanzanite Drive, • thence westerly along Tanzanite Drive until it intersects South John Deere Road, • thence northerly along South John Deere Road until it intersects Em- berwood Drive, • thence easterly along Emberwood Drive until it intersects Gardners Lane, • thence southerly along Gardners Lane until it intersects Boleyn Road, Book 151 Regular Session, December 6, 2021 483 • thence easterly along Boleyn Road until it intersects the boundary of the city of Dubuque, • thence northerly along the boundary of the city of Dubuque, until it inter- sects US Highway 151/61/Wiscon- sin Bridge, • thence westerly along US Highway 151/61 until it intersects East 16'h Street, • thence westerly along East 16'h Street until it intersects Census Block 1045, Tract 1, • thence northerly along Census Block 1045, Tract 1 until it intersects Cen- sus Block 4026, Tract 5, • thence northerly along Census Block 4026, Tract 5 until it intersects Pine Street, • thence northerly along Pine Street until it intersects Garfield Avenue, • thence northeasterly along Garfield Avenue until it intersects Kniest Street Right -of -Way, • thence northwesterly along Kniest Street Right -of -Way until it intersects Rhomberg Avenue, • thence northeasterly along Rhom- berg Avenue until it intersects Farley Street, • thence westerly along Farley Street until it intersects Thomas Place, • thence northeasterly along Thomas Place until it intersects Ascension Street, • thence southeasterly along Ascen- sion Street until it intersects Prescott Street, • thence northeasterly along Prescott Street until it intersects Roosevelt Street, • thence northwesterly along Roose- velt Street to the point of origin at the intersection of Peru Road and Roo- sevelt Street. 1-8-19: PRECINCT 16: The 161h Precinct is described as that por- tion of the city of Dubuque bounded by a line • beginning at the point that Hill Street intersects West 3rd Street, • thence southwesterly along Hill Street until it intersects Dodge Street, • thence easterly along Dodge Street until it intersects the boundary of the city of Dubuque, • thence northerly along the boundary of the city of Dubuque until it inter- sects US Highway 151/61/Wiscon- sin Bridge, • thence westerly along US Highway 151/61 until it intersects East 16th Street, • thence westerly along East 16'h Street until it intersects Census Block 1045, Tract 1, • thence northerly along Census Block 1045, Tract 1 until it intersects Cen- sus Block 4026, Tract 5, • thence northerly and westerly along Census Block 4026, Tract 5 until it intersects East 18'h Street, • thence westerly along East 18th Street until it intersects Central Ave- nue, • thence southerly along Central Ave- nue until it intersects Loras Boule- vard, • thence westerly along Loras Boule- vard until it intersects Bluff Street, • thence southerly along Bluff Street until it intersects West 3'd Street, • thence westerly along West 3rd Street to the point of origin at the in- tersection of Hill Street and West 3rd Street. 1-8-20: PRECINCT 17: The 17th Precinct is described as that por- tion of the city of Dubuque bounded by a line • beginning at the point that Loras College Parkway intersects Lo- ral Boulevard, • thence easterly along Loras Boulevard until it intersects Cen- tral Avenue, • thence northerly along Central Avenue until it intersects West 23rd Street, • thence westerly along West 23rd Street until it intersects Valeria Street, • thence westerly along Valeria Street until it intersects Kauf- mann Avenue, • thence southeasterly along Kauf- mann Avenue until it intersects Hempstead Street, • thence southwesterly along Hempstead Street until it inter- sects Lowell Street, • thence easterly along Lowell Street until it intersects Foye Street, • thence southerly along Foye Street until it intersects West Lo- cust Street, • thence westerly along West Lo- cust Street until it intersects Kirk- wood Street, 484 Regular Session, December 6, 2021 Book 151 • thence southwesterly along Kirk- wood Street until it intersects Cox Street, • thence southerly along Cox Street until it intersects Loras College Parkway, • thence southerly along Loras College Parkway to the point of origin at the intersection of Loras College Parkway and Loras Boulevard. 1-8-21: PRECINCT 18: The 181h Precinct is described as that por- tion of the city of Dubuque bounded by a line • beginning at the point that Alpine Street intersects West 3rd Street, • thence easterly along West 3rd Street until it intersects Bluff Street, • thence northerly along Bluff Street until it intersects Loras Boulevard, • thence westerly along Loras Boule- vard until it intersects Alta Vista Street, • thence southeasterly along Alta Vista Street until it intersects Car- lotta Street, • thence westerly along Carlotta Street until it intersects Alpine Street, • thence southerly along Alpine Street to the point of origin at the intersec- tion of the Alpine Street and West 3rd Street. 1-8-22: PRECINCT 19: The 191h Precinct is described as that por- tion of the city of Dubuque bounded by a line • beginning at a point that Dodge Street intersects Hill Street, • thence northerly along Hill Street un- til it intersects West 3rd Street, • thence westerly along West 3rd Street until it intersects Alpine Street, • thence northerly along Alpine Street until it intersects Carlotta Street, • thence easterly along Carlotta Street until it intersects Alta Vista Street, • thence northerly along Alta Vista Street until it intersects Loras Boule- vard, • thence southwesterly along Loras Boulevard until it intersects Adair Street, • thence northerly along Adair Street until it intersects Fillmore Street, • thence westerly along Fillmore Street until it intersects North Grandview Avenue, • thence northerly along North Grandview Avenue until it intersects Delaware Street, • thence westerly along Delaware Street until it intersects North Algona Street, • thence southerly along North Algona Street until it intersects Bennett Street, • thence westerly along Bennett Street until it intersects Census Block 3020, Tract 9, • thence southerly along Census Block 3020, Tract 9 until it intersects Dodge Street, • thence easterly along Dodge Street to the point of origin at the intersec- tion of Dodge Street and Hill Street. 1-8-23: PRECINCT 20: The 20'h Precinct is described as that por- tion of the city of Dubuque bounded by a line • beginning at a point where Hill Street intersects Dodge Street, • thence easterly along Dodge Street to the boundary of the city of Dubu- que, • thence southerly along the boundary of the city of Dubuque until it inter- sects US Highway 151/61, • thence northerly along Highway 151/61 until it intersects the Chicago Central and Pacific Railroad center- line, • thence westerly along the Chicago Central and Pacific Railroad center- line until it intersects Rockdale Road, • thence northeasterly along Rockdale Road until it intersects Southern Av- enue, • thence northerly along Southern Av- enue until it intersects South Grandview Avenue, • thence northwesterly along South Grandview Avenue until it intersects Dodge Street, • thence easterly along Dodge Street to the point of origin at the intersec- tion of Hill Street and Dodge Street. 1-8-24: CITY DIVIDED INTO FOUR WARDS: The city is hereby divided into four (4) wards as described in this chapter. 1-8-25: WARD 1: The first ward is comprised of precincts 1 through 5. 1-8-26: WARD 2: The second ward is comprised of pre- cincts 6 through 10. 1-8-27: WARD 3: Book 151 Regular Session, December 6, 2021 485 The third ward is comprised of precincts 11 through 15. 1-8-28: WARD 4: The fourth ward is comprised of pre- cincts 16 through 20. Section 2. That the foregoing precinct boundary descriptions have heretofore been re- viewed by the Commissioner of Elections also known as County Auditor of Dubuque County. Section 3. This Ordinance shall take effect immediately upon publication as provided by law. Passed, approved, and adopted this 6th day of December, 2021. /s/Roy D. Buol, Mayor Attest: /s/Adrienne Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 10th day of December 2021. /s/Adrienne N. Breitfelder, City Clerk RESOLUTION NO. 421-21 APPROVING A PRECINCT AGREEMENT BE- TWEEN DUBUQUE COUNTY AND THE CITY OF DUBUQUE Whereas, after consultation with the Dubu- que County Auditor's Office, it has determined that the City of Dubuque is required to file a re- districting plan for city wards and precincts with the State; and Whereas, The County Auditor's Office has requested that the City of Dubuque expand some of the proposed precincts to include rural areas as "extraterritorial precincts;" and Whereas, Iowa Code Section 49.6 author- izes the power to combined township and city precincts with an agreement between the Dubuque County Board of Supervisors and the Dubuque City Council; and Whereas, by inclusion of these exterritorial precincts to the city precincts does not create any additional expense for the city and provides a cost savings for the County. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The Precinct Agreement be- tween Dubuque County and the City of Dubu- que is hereby approved. Passed, approved, and adopted this 6th day of December 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 3. Proceedings for Public Hearing on the Is- suance of Not to Exceed $900,000, Sewer Rev- enue Capital Loan Notes (Interim Financing) State Revolving Funds, Planning and Design Loan Applications: Proof of publication on no- tice of public hearing to consider City Council approval of the suggested proceedings for a public hearing on the issuance not to exceed $900,000 in Sewer Revenue Capital Loan Notes (Interim Financing) State Revolving Loan Fund Program, and City Manager recom- mended approval. Motion by Resnick to receive and file the documents and adopt Resolution No. 422-21 Instituting proceedings to take addi- tional action for the authorization of a Loan and Disbursement Agreement and the issuance of not to exceed $900,000 Sewer Revenue Capi- tal Loan Notes; Resolution No. 423-21 Approv- ing and authorizing a form of Interim Loan and Disbursement Agreement by and between the City of Dubuque and the Iowa Finance Author- ity, and authorizing and providing for the issu- ance and securing the payment of $465,000 Sewer Revenue Capital Loan Notes Anticipa- tion Project Note, Series 2022A, of the City of Dubuque, Iowa, under the provisions of the Code of Iowa, and providing for a method of payment of said note; and Resolution No. 424- 21 Approving and authorizing a form of Interim Loan and Disbursement Agreement by and be- tween the City of Dubuque and the Iowa Fi- nance Authority, and authorizing and providing for the issuance and securing the payment of $400,000 Sewer Revenue Capital Loan Notes Anticipation Project Note, Series 2022B, of the City of Dubuque, Iowa, under the provisions of the Code of Iowa, and providing for a method of payment of said note. Seconded by Farber. Mo- tion carried 7-0. RESOLUTION NO. 422-21 INSTITUTING PROCEEDINGS TO TAKE AD- DITIONAL ACTION FOR THE AUTHORIZA- TION OF A LOAN AND DISBURSEMENT AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $900,000 SEWER REVENUE CAPITAL LOAN NOTES Whereas, pursuant to notice published as required by law, this City Council has held a public meeting and hearing upon the proposal to institute proceedings for the authorization of a Loan and Disbursement Agreement by and between the City and the Iowa Finance Author- ity, and the issuance to the Iowa Finance Au- thority of not to exceed $900,000 Sewer Reve- nue Capital Loan Notes to evidence the obliga- tions of the City under said Loan and Disburse- ment Agreement, for the purpose of paying costs of acquisition, construction, reconstruc- tion, extending, remodeling, improving, repair- ing and equipping all or part of the Municipal Sewer System, including those costs associ- ated with the Granger Creek Interceptor Project and the Force Main Stabilization Project, and has considered the extent of objections re- ceived from residents or property owners as to said proposal and, accordingly the following ac- tion 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 Dubu- que, STATE OF IOWA: That this City Council does hereby institute 486 Regular Session, December 6, 2021 Book 151 proceedings and takes additional action for the authorization of a Loan and Disbursement Agreement by and between the City and the Iowa Finance Authority, and the issuance to the Iowa Finance Authority in the manner required by law of not to exceed $900,000 Sewer Reve- nue Capital Loan Notes for the foregoing pur- pose. That this Council does hereby consent to the terms and conditions of the SRF Loan Pro- gram, which terms and conditions and the dis- closures provided with respect thereto are hereby acknowledged, accepted and approved. That the Clerk, with the assistance of bond counsel, is hereby authorized and directed to proceed with the preparation of such docu- ments and proceedings as shall be necessary to authorize the City's participation in the SRF Loan Program, to select a suitable date for final City Council authorization of the required Loan and Disbursement Agreement and issuance of the Note to evidence the City's obligations thereunder, and to take such other actions as the Clerk shall deem necessary to permit the completion of a loan on a basis favorable to the City and acceptable to this Council. 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 ex- pected that Sewer fund moneys may be ad- vanced from time to time for capital expendi- tures which are to be paid from the proceeds of the above loan agreement. The amounts so ad- vanced shall be reimbursed from the proceeds of the Loan Agreement not later than eighteen months after the initial payment of the capital expenditures or eighteen months after the prop- erty is placed in service. Such advancements shall not exceed the loan amount authorized in this Resolution unless the same are for prelimi- nary expenditures or unless another declaration of intention is adopted. Passed and approved this 6ch day of De- cember 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk RESOLUTION NO. 423-21 APPROVING AND AUTHORIZING A FORM OF INTERIM LOAN AND DISBURSEMENT AGREEMENT BY AND BETWEEN THE City of Dubuque AND THE IOWA FINANCE AU- THORITY, AND AUTHORIZING AND PROVIDING FOR THE ISSUANCE AND SE- CURING THE PAYMENT OF $465,000 SEWER REVENUE CAPITAL LOAN NOTES ANTICIPATION PROJECT NOTE, SERIES 2022A, OF THE City of Dubuque, IOWA, UN- DER THE PROVISIONS OF THE CODE OF IOWA, AND PROVIDING FOR A METHOD OF PAYMENT OF SAID NOTE Whereas, Issuer proposes to issue its Sewer Revenue Capital Loan Notes Anticipa- tion Project Note, Series 2022A, to the extent of $465,000, for the purpose of defraying the costs of the Project hereinafter described; and it is deemed necessary and advisable and in the best interests of the City that a form of Interim Loan and Disbursement Agreement by and be- tween the City and the Iowa Finance Authority be approved and authorized; and Whereas, the notice of intention of Issuer to take action for the issuance of not to exceed $465,000 Sewer Revenue Capital Loan Notes has heretofore been duly published and no ob- jections to such proposed action have been filed. 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. The following terms shall have the following meanings in this Reso- lution unless the text expressly or by necessary implication requires otherwise: ♦ "Additional Project Notes" shall mean any project notes or other obligations issued on a parity with the Note in accordance with the provisions of Section 11 hereof; ♦ "Agreement" shall mean an Interim Loan and Disbursement Agreement dated as of the Closing between and among the City and the Original Purchaser, relating to the Interim Loan made to the City under the Program; ♦ "City Clerk" shall mean the City Clerk, or such other officer of the successor Gov- erning Body as shall be charged with sub- stantially the same duties and responsibil- ities; ♦ "Closing" shall mean the date of delivery of the Note to the Original Purchaser and the funding of the Interim Loan; ♦ "Corporate Seal" shall mean the official seal of Issuer adopted by the Governing Body; ♦ "Fiscal Year" shall mean the twelve months' period beginning on July 1 of each year and ending on the last day of June of the following year, or any other consecutive twelve-month period adopted by the Governing Body or by law as the official accounting period of the System; provided, that the requirements of a fiscal year as expressed in this Resolution shall exclude any payment of principal or inter- est falling due on the first day of the fiscal year and include any payment of principal or interest falling due on the first day of the succeeding fiscal year; ♦ "Governing Body" shall mean the Council of the City, or its successor in function with respect to the operation and control of the System; Book 151 Regular Session, December 6, 2021 487 ♦ "Interim Loan" shall mean the principal Federal National Mortgage Associa- amount allocated by the Original Pur- tion or the Federal Home Loan Mort - chaser and loaned to the City under the gage Corporation; Program, equal in amount to the principal • U.S. dollar denominated deposit ac- amount of the Note; counts, federal funds and banker's ac- ♦ "Issuer" and "City" shall mean the City of ceptances with domestic commercial Dubuque, Iowa; banks which have a rating on their ♦ "Note" shall mean $465,000 Sewer Rev- short-term certificates of deposit on enue Capital Loan Notes Anticipation Pro- the date of purchase of "A-1" or "A-1+" ject Note, Series 2022A, authorized to be by S&P or "P-1" by Moody's and ma - issued by this Resolution; turing no more than 360 days after the ♦ "Original Purchaser" shall mean the Iowa date of purchase (ratings on holding Finance Authority, as the purchaser of the companies are not considered as the Note from Issuer at the time of its original rating of the bank); issuance; • commercial paper which is rated at the ♦ "Paying Agent" shall be the Director of Fi- time of purchase in the single highest nance and Budget, or such successor as classification, "A-1+" by S&P or "P-1" may be approved by Issuer as provided by Moody's and which matures not herein and who shall carry out the duties more than 270 days after the date of prescribed herein as Issuer's agent to pro- purchase; vide for the payment of principal of and in- • investments in a money market fund terest on the Notes as the same shall be- rated "AAAm" or "AAAm-G" or better come due; by S&P; ♦ "Permitted Investments" shall mean: pre -refunded Municipal Obligations, • direct obligations of (including obliga- defined as any bonds or other obliga- tions issued or held in book entry form tions of any state of the United States on the books of) the Department of the of America or of any agency, instru- Treasury of the United States of Amer- mentality or local governmental unit of ica; any such state which are not callable • cash (insured at all times by the Fed- at the option of the obligor prior to ma- eral Deposit Insurance Corporation or turity or as to which irrevocable in - otherwise collateralized with obliga- structions have been given by the ob- tions described in the above para- ligor to call on the date specified in the graph); notice; and (a) which are rated, based • obligations of any of the following fed- on an irrevocable escrow account or eral agencies which obligations repre- fund (the "escrow") in the highest rat - sent full faith and credit of the United ing category of S&P or Moody's or any States of America, including: successors thereto; or (b)(i) which are - Export - Import Bank fully secured as to principal and inter- - Farm Credit System Financial As- est and redemption premium, if any, sistance Corporation by an escrow consisting only of cash - USDA - Rural Development or direct obligations of the Department - General Services Administration of the Treasury of the United States of - U.S. Maritime Administration America, which escrow may be ap- - Small Business Administration plied only to the payment of such prin- cipal of and interest and redemption Association NMA) premium, if any, on such bonds or - U.S. Department of Housing and other obligations on the maturity date Urban Development (PHA's) or dates thereof or the specified re- - Federal Housing Administration demption date or dates pursuant to • repurchase agreements whose under- such irrevocable instructions, as ap- lying collateral consists of the invest- propriate; and (ii) which escrow is suf- ments set out above if the Issuer takes ficient, as verified by a nationally rec- delivery of the collateral either directly ognized independent certified public or through an authorized custodian. accountant, to pay principal of and in - Repurchase agreements not in. terest and redemption premium, if any, clude reverse repurchase agree- on the bonds or other obligations de- ments; scribed in this paragraph on the ma- • senior debt obligations rated "AAA" by turity date or dates specified in the ir- Standard and Poor's Corporation revocable instructions referred to (S&P) or "Aaa" by Moody's Investors above, as appropriate; Service Inc. (Moody's) issued by the • tax exempt bonds as defined and per - mitted by section 148 of the Internal 488 Regular Session, December 6, 2021 Book 151 Revenue Code and applicable regula- tions and only if rated within the two highest classifications as established by at least one of the standard rating services approved by the superinten- dent of banking by rule adopted pursu- ant to chapter 17A Code of Iowa; • an investment contract rated within the two highest classifications as estab- lished by at least one of the standard rating services approved by the super- intendent of banking by rule adopted pursuant to chapter 17A Code of Iowa; and • Iowa Public Agency Investment Trust; ♦ "Program" shall mean the Iowa Water Pollution Control Works Financing Pro- gram undertaken by the Original Pur- chaser; ♦ "Project' shall mean the costs of acquisi- tion, construction, reconstruction, extend- ing, remodeling, improving, repairing and equipping of the System, including the Granger Creek Interceptor Project; ♦ "Project Costs" shall mean all engineering fees, archeological surveys, environmen- tal studies, and fees related to a project plan preparation and submission, and other expenses incidental thereto, and also including the costs of issuance of the Note; ♦ "Project Fund" shall mean the Project Fund established by Section 6 of this Res- olution; ♦ "Registrar" shall be the Director of Fi- nance and Budget, or such successor as may be approved by Issuer as provided herein and who shall carry out the duties prescribed herein with respect to main- taining a register of the owners of the Note. Unless otherwise specified, the Registrar shall also act as Transfer Agent for the Note; ♦ "System" shall mean the municipal sewer utility of the Issuer and all properties of every nature hereinafter owned by the Is- suer comprising part of or used as a part of the System, including all wastewater treatment facilities, sanitary sewers, force mains, pumping stations and all related property and improvements and exten- sions made by Issuer while the Note re- mains outstanding; all real and personal property; and all appurtenances, con- tracts, leases, franchises and other intan- gibles; ♦ "Treasurer" shall mean the Director of Fi- nance and Budget, or such other officer as shall succeed to the same duties and re- sponsibilities with respect to the recording and payment of the Note issued hereun- der. Section 2. Authority. The Agreement and the Note authorized by this Resolution shall be is- sued pursuant to Section 76.13 of the Code of Iowa, and in compliance with all applicable pro- visions of the Constitution and laws of the State of Iowa. The Agreement shall be substantially in the form attached to this Resolution and is authorized to be executed and issued on behalf of the Issuer by the Mayor and attested by the City Clerk. Section 3. Note Details, Execution, Redemp- tion and Registration. a. Note_Details. The Note shall be desig- nated a Sewer Revenue Capital Loan Notes Anticipation Project Note, be dated the date of delivery, in the denom- ination of $1,000 or multiples thereof, and shall at the request of the Original Purchaser be initially issued as a single Note in the denomination of $465,000 and numbered R-1. The Note shall not bear interest (0%) and shall mature three years from issuance. The City Council hereby finds and determines that it is necessary and advisable to is- sue said Note pursuant to Section 76.13 of the Code of Iowa, as authorized by the Agreement and this Resolution. b. Execution. The Note shall be executed by the manual or facsimile signature of the Mayor and attested by the manual or facsimile signature of the Clerk, and im- pressed or imprinted with the seal of the City and shall be fully registered as to both principal and interest as provided in this Resolution; principal, interest and premium, if any, shall be payable at the office of the Paying Agent by mailing of a check, wire transfer or automated clearing house system transfer to the registered owner of the Note. c. Redemption. The Note may be called for redemption by the Issuer and paid before maturity on any date, from any funds regardless of source, in whole or from time to time in part, in order of ma- turity and within an annual maturity by lot. Notice of redemption shall be given by U.S. mail to the Original Purchaser (or any other registered owner of the Note). The terms of redemption shall be par, plus accrued interest to date of call. Fail- ure to give such notice by mail to any registered owner or any defect therein shall not affect the validity of any pro- ceedings for the redemption of the Note. The Note is also subject to mandatory redemption to the extent not fully drawn upon. d. Registration. The Note may be regis- tered as to principal and interest on the books of the Note Registrar in the name Book 151 Regular Session, December 6, 2021 489 of the holder and such registration noted payment of or on account of the prin- on the Note after which no transfer shall cipal of any such Note and the gre- be valid until the making of an entry mium, if any, and interest thereon shall upon the books kept for the registration be made only to or upon the order of and transfer of ownership of the Note, the registered owner thereof or his le - and in no other way. The Director of Fi- gal representative. All such payments nance and Budget is hereby appointed shall be valid and effectual to satisfy as Note Registrar under the terms of this and discharge the liability upon such Resolution. Registrar shall maintain the Note, including the interest thereon, to books of the Issuer for the registration of the extent of the sum or sums so paid. ownership of the Note for the payment A Note which has been redeemed of principal of and interest on the Note shall not be reissued but shall be can - as provided in this Resolution. The Note celled by the Registrar. A Note which shall be negotiable as provided in Article is cancelled by the Registrar shall be 8 of the Uniform Commercial Code sub- destroyed and a Certificate of the de- ject to the provisions for registration and struction thereof shall be furnished transfer contained in the Note and in this promptly to the Issuer; provided that if Resolution. the Issuer shall so direct, the Registrar The ownership of any Note may be shall forward the cancelled Note to the transferred only upon the Registration Issuer. Books kept for the registration and In the event any payment check, transfer of the Note and only upon sur- wire, or electronic transfer of funds render thereof at the office of the Reg- representing payment of principal of or istrar together with an assignment duly interest on the Notes is returned to the executed by the holder or his duly au- Paying Agent or if any note is not pre- thorized attorney in fact in such form sented for payment of principal at the as shall be satisfactory to the Regis- maturity or redemption date, if funds trar, along with the address and social sufficient to pay such principal of or in- security number or federal employer terest on Notes shall have been made identification number of such trans- available to the Paying Agent for the feree (or, if registration is to be made benefit of the owner thereof, all liability in the name of multiple individuals, of of the Issuer to the owner thereof for all such transferees). In the event that such interest or payment of such the address of the registered owner of Notes shall forthwith cease, terminate a Note (other than a registered owner and be completely discharged, and which is the nominee of the broker or thereupon it shall be the duty of the dealer in question) is that of a broker Paying Agent to hold such funds, with - or dealer, there must be disclosed on out liability for interest thereon, for the the Registration Books the information benefit of the owner of such Notes pertaining to the registered owner re- who shall thereafter be restricted ex- quired above. Upon the transfer of any clusively to such funds for any claim of such Note, a new fully registered Note, whatever nature on his part under this of any denomination or denominations Resolution or on, or with respect to, permitted by this Resolution in aggre- such interest or Notes. The Paying gate principal amount equal to the un- Agent's obligation to hold such funds matured and unredeemed principal shall continue for a period equal to two amount of such transferred fully regis- years and six months following the tered Note and bearing interest at the date on which such interest or princi- same rate and maturing on the same pal became due, whether at maturity, date or dates shall be delivered by the or at the date fixed for redemption Registrar. thereof, or otherwise, at which time the In all cases of the transfer of the Paying Agent shall surrender any re - Note, the Registrar shall register, at maining funds so held to the Issuer, the earliest practicable time, on the whereupon any claim under this Res - Registration Books, the Note, in ac- olution by the Owners of such interest cordance with the provisions of this or Notes of whatever nature shall be Resolution. made upon the Issuer. As to any Note, the person in whose Section 4. Form of Note. The form of Note name the ownership of the same shall shall be substantially as [provided]. be registered on the Registration Section 5. Security for Note. The Note shall Books of the Registrar shall be be payable solely from the Project Fund. To pay deemed and regarded as the absolute the principal on the Note when it becomes due, owner thereof for all purposes, and there is hereby created a pledge of the receipts 490 Regular Session, December 6, 2021 Book 151 anticipated in said Project Fund to continue until the payment in full of the principal on the Note. Section 6. Establishment of Project Fund. The Issuer hereby creates and establishes a Project Fund, into which Project Fund are hereby ap- propriated the following: Proceeds of not to exceed $465,000 Sewer Revenue Capital Loan Notes, ad- ditional action on the issuance of which previously has been taken and approved by the City Council The funds so appropriated shall include in addition thereto all funds of the Issuer, including proceeds realized on the rein- vestment of proceeds of the Note, from which the Issuer is or may become obli- gated to pay under contracts for the con- struction of the Project to the extent that proceeds of the Note are applied to the payment thereof. Section 7. Application of Project Fund. The proceeds of the sale of the Note shall be depos- ited in the Project Fund for application to pay- ment of Project Costs and the costs of issuance of the Note or to pay the principal of the Note when due and for no other purpose. Disbursements for the payment of Project Costs shall be made by the City Clerk upon receipt of vouchers approved by the Gov- erning Body. After completion of the Project, any mon- eys remaining in the Project Fund shall be held for the retirement of Note. When the Note is paid or payment is provided for, re- maining moneys in the Project Fund may be withdrawn and used for any lawful purpose. Section 8. Investments. Moneys in the Pro- ject Fund shall at all times be invested, to the extent practicable in Permitted Investments ma- turing at such times and in such amounts as will make cash available for the purposes of such Project Fund as needed. Section 9. Covenants with Noteholders. Is- suer covenants and agrees, so long as any Notes herein authorized remain unpaid, that it: a. Will proceed to complete with all prac- ticable dispatch the construction and ac- quisition of the Project; b. Will not make or cause or permit to be made any application of the proceeds of the Note or of any moneys held in the Pro- ject Fund, except in accordance with the provisions of this Resolution; c. Will from time to time increase the amount of the appropriations to the Pro- ject Fund, to the extent necessary to as- sure that the expected receipts thereafter forthcoming, together with the funds ap- propriated and held in trust for the pur- pose, will be sufficient to pay when due the Note as to both principal and interest. d. Will obtain the collection of funds and the proceeds of the sale of sewer revenue capital loan notes anticipated to be re- ceived in the Project Fund and, if not paid from other sources, apply the same to the payment of the Note and interest thereon; and e. For the prompt and full performance of the terms and provisions of this Reso- lution and contract with the noteholders, the Issuer pledges its full faith and dili- gence and the exercise of its lawful pow- ers. Section 10. Contract Between Issuer and Pur- chaser. This Resolution constitutes a contract between the Issuer and the purchaser of the Note. Section 11. Additional Notes. The Issuer may issue Additional Project Notes of equal standing and parity of lien with the Note for the purpose of paying Project Costs to the extent that funds appropriated to the Project Fund are adequate to pay all notes so issued and interest thereon. The holder or holders of the Notes shall have all other rights and remedies given by law for the payment and enforcement of the Notes and the security therefor. Section 12. Severability Clause. If any sec- tion, paragraph, clause or provision of this Res- olution be held invalid, such invalidity shall not affect any of the remaining provisions hereof, and this Resolution shall become effective im- mediately upon its passage and approval. Section 13. Repeal of Conflicting Resolutions or Ordinances. All ordinances and resolutions and parts of ordinances and resolutions in con- flict herewith are hereby repealed. Section 14. Paragraph Headings. The para- graph headings in this Resolution are furnished for convenience of reference only and shall not be considered to be a part of this Resolution. Section 15. Rule of Construction. This Reso- lution and the terms and conditions of the Notes authorized hereby shall be construed whenever possible so as not to conflict with the terms and conditions of the Interim Loan and Disburse- ment Agreement. In the event such construc- tion is not possible, or in the event of any con- flict or inconsistency between the terms hereof and those of the Interim Loan and Disburse- ment Agreement, the terms of the Interim Loan and Disbursement Agreement shall prevail and be given effect to the extent necessary to re- solve any such conflict or inconsistency. Passed and approved this 6th day of De- cember 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breiffelder, City Clerk RESOLUTION NO. 424-21 APPROVING AND AUTHORIZING A FORM OF INTERIM LOAN AND DISBURSEMENT AGREEMENT BY AND BETWEEN THE City of Dubuque AND THE IOWA FINANCE AU- THORITY, AND AUTHORIZING AND Book 151 Regular Session, December 6, 2021 491 PROVIDING FOR THE ISSUANCE AND SE- CURING THE PAYMENT OF $400,000 SEWER REVENUE CAPITAL LOAN NOTES ANTICIPATION PROJECT NOTE, SERIES 202213, OF THE City of Dubuque, IOWA, UN- DER THE PROVISIONS OF THE CODE OF IOWA, AND PROVIDING FOR A METHOD OF PAYMENT OF SAID NOTE Whereas, Issuer proposes to issue its Sewer Revenue Capital Loan Notes Anticipa- tion Project Note, Series 2022B, to the extent of $400,000, for the purpose of defraying the costs of the Project hereinafter described; and, it is deemed necessary and advisable and in the best interests of the City that a form of Interim Loan and Disbursement Agreement by and be- tween the City and the Iowa Finance Authority be approved and authorized; and Whereas, the notice of intention of Issuer to take action for the issuance of not to exceed $400,000 Sewer Revenue Capital Loan Notes has heretofore been duly published and no ob- jections to such proposed action have been filed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IN THE COUNTY OF DUBUQUE, STATE OF IOWA: Section 1. Definitions. The following terms shall have the following meanings in this Reso- lution unless the text expressly or by necessary implication requires otherwise: ♦ "Additional Project Notes" shall mean any project notes or other obligations issued on a parity with the Note in accordance with the provisions of Section 11 hereof; ♦ "Agreement" shall mean an Interim Loan and Disbursement Agreement dated as of the Closing between and among the City and the Original Purchaser, relating to the Interim Loan made to the City under the Program; ♦ "City Clerk" shall mean the City Clerk, or such other officer of the successor Govern- ing Body as shall be charged with substan- tially the same duties and responsibilities; ♦ "Closing" shall mean the date of delivery of the Note to the Original Purchaser and the funding of the Interim Loan; ♦ "Corporate Seal" shall mean the official seal of Issuer adopted by the Governing Body; ♦ "Fiscal Year" shall mean the twelve months' period beginning on July 1 of each year and ending on the last day of June of the follow- ing year, or any other consecutive twelve- month period adopted by the Governing Body or by law as the official accounting pe- riod of the System; provided, that the re- quirements of a fiscal year as expressed in this Resolution shall exclude any payment of principal or interest falling due on the first day of the fiscal year and include any pay- ment of principal or interest falling due on the first day of the succeeding fiscal year; ♦ "Governing Body" shall mean the Council of the City, or its successor in function with respect to the operation and control of the System; ♦ "Interim Loan" shall mean the principal amount allocated by the Original Purchaser and loaned to the City under the Program, equal in amount to the principal amount of the Note; ♦ "Issuer" and "City" shall mean the City of Dubuque, Iowa; ♦ "Note" shall mean $400,000 Sewer Reve- nue Capital Loan Notes Anticipation Project Note, Series 2022B, authorized to be issued by this Resolution; ♦ "Original Purchaser" shall mean the Iowa Finance Authority, as the purchaser of the Note from Issuer at the time of its original issuance; ♦ "Paying Agent" shall be the Director of Fi- nance and 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 pro- vide for the payment of principal of and in- terest on the Notes as the same shall be- come due; ♦ "Permitted Investments" shall mean: • direct obligations of (including obliga- tions issued or held in book entry form on the books of) the Department of the Treasury of the United States of Amer- ica; • cash (insured at all times by the Fed- eral Deposit Insurance Corporation or otherwise collateralized with obliga- tions described in the above para- graph); • obligations of any of the following fed- eral agencies which obligations repre- sent full faith and credit of the United States of America, including: - Export - Import Bank - Farm Credit System Financial Assistance Corporation - USDA - Rural Development - General Services Administration - U.S. Maritime Administration - Small Business Administration - Government National Mortgage Association (GNMA) - U.S. Department of Housing and Urban Development (PHA's) - Federal Housing Administration • repurchase agreements whose un- derlying collateral consists of the in- vestments set out above if the Issuer takes delivery of the collateral either directly or through an authorized 492 Regular Session, December 6, 2021 Book 151 custodian. Repurchase agreements by a nationally recognized inde- do not include reverse repurchase pendent certified public accountant, agreements; to pay principal of and interest and • senior debt obligations rated "AAA" redemption premium, if any, on the by Standard and Poor's Corporation bonds or other obligations described (S&P) or "Aaa" by Moody's Investors in this paragraph on the maturity Service Inc. (Moody's) issued by the date or dates specified in the irrevo- Federal National Mortgage Associa- cable instructions referred to above, tion or the Federal Home Loan Mort- as appropriate; gage Corporation; • tax exempt bonds as defined and • U.S. dollar denominated deposit ac- permitted by section 148 of the Inter - counts, federal funds and banker's nal Revenue Code and applicable acceptances with domestic commer- regulations and only if rated within cial banks which have a rating on the two highest classifications as es - their short-term certificates of de- tablished by at least one of the posit on the date of purchase of "A- standard rating services approved 1" or "A-1+" by S&P or "P-1" by by the superintendent of banking by Moody's and maturing no more than rule adopted pursuant to chapter 360 days after the date of purchase 17A Code of Iowa; (ratings on holding companies are • an investment contract rated within not considered as the rating of the the two highest classifications as es - bank); tablished by at least one of the • commercial paper which is rated at standard rating services approved the time of purchase in the single by the superintendent of banking by highest classification, "A-1+" by S&P rule adopted pursuant to chapter or "P-1" by Moody's and which ma- 17A Code of Iowa; and tures not more than 270 days after Iowa Public Agency Investment the date of purchase; Trust; • investments in a money market fund ♦ "Program" shall mean the Iowa Water rated "AAAm" or "AAAm-G" or better Pollution Control Works Financing Pro - by S&P; gram undertaken by the Original Pur- • pre -refunded Municipal Obligations, chaser; defined as any bonds or other obli- ♦ "Project" shall mean the costs of acqui- gations of any state of the United sition, construction, reconstruction, ex - States of America or of any agency, tending, remodeling, improving, repair - instrumentality or local governmen- ing and equipping of the System, includ- tal unit of any such state which are ing the Force Main Stabilization Project; not callable at the option of the obli- ♦ "Project Costs" shall mean all engineer- gor prior to maturity or as to which ing fees, archeological surveys, environ- irrevocable instructions have been mental studies, and fees related to a given by the obligor to call on the project plan preparation and submis- date specified in the notice; and sion, and other expenses incidental (a) which are rated, based on an ir- thereto, and also including the costs of revocable escrow account or fund issuance of the Note; (the "escrow"), in the highest rating ♦ "Project Fund" shall mean the Project category of S&P or Moody's or any Fund established by Section 6 of this successors thereto; or (b)(i) which Resolution. are fully secured as to principal and ♦ "Registrar" shall be the Director of Fi- interest and redemption premium, if nance and Budget, or such successor any, by an escrow consisting only of as may be approved by Issuer as pro - cash or direct obligations of the De- vided herein and who shall carry out the partment of the Treasury of the duties prescribed herein with respect to United States of America, which es- maintaining a register of the owners of crow may be applied only to the pay- the Note. Unless otherwise specified, ment of such principal of and interest the Registrar shall also act as Transfer and redemption premium, if any, on Agent for the Note; such bonds or other obligations on ♦ "System" shall mean the municipal the maturity date or dates thereof or sewer utility of the Issuer and all proper - the specified redemption date or ties of every nature hereinafter owned dates pursuant to such irrevocable by the Issuer comprising part of or used instructions, as appropriate; and (ii) as a part of the System, including all which escrow is sufficient, as verified wastewater treatment facilities, sanitary Book 151 Regular Session, December 6, 2021 493 sewers, force mains, pumping stations in part, in order of maturity and within and all related property and improve- an annual maturity by lot. ments and extensions made by Issuer Notice of redemption shall be given by while the Note remains outstanding; all U.S. mail to the Original Purchaser real and personal property; and all ap- (or any other registered owner of the purtenances, contracts, leases, fran- Note). The terms of redemption shall chises and other intangibles; be par, plus accrued interest to date ♦ "Treasurer" shall mean the Director of of call. Failure to give such notice by Finance and Budget, or such other of- mail to any registered owner or any ficer as shall succeed to the same duties defect therein shall not affect the va- and responsibilities with respect to the lidity of any proceedings for the re- recording and payment of the Note is- demption of the Note. The Note is sued hereunder. also subject to mandatory redemp- Section 2. Authority. The Agreement and tion to the extent not fully drawn the Note authorized by this Resolution shall be upon. issued pursuant to Section 76.13 of the Code of d. Registration. The Note may be reg- Iowa, and in compliance with all applicable pro- istered as to principal and interest on visions of the Constitution and laws of the State the books of the Note Registrar in of Iowa. The Agreement shall be substantially the name of the holder and such reg- in the form attached to this Resolution and is istration noted on the Note after authorized to be executed and issued on behalf which no transfer shall be valid until of the Issuer by the Mayor and attested by the the making of an entry upon the City Clerk; books kept for the registration and Section 3. Note Details, Execution, Re- transfer of ownership of the Note, demption and Registration. and in no other way. The Director of a. Note Details. The Note shall be des- Finance and Budget is hereby ap- ignated a Sewer Revenue Capital pointed as Note Registrar under the Loan Notes Anticipation Project terms of this Resolution. Registrar Note, be dated the date of delivery, shall maintain the books of the Is - in the denomination of $1,000 or suer for the registration of ownership multiples thereof, and shall at the re- of the Note for the payment of princi- quest of the Original Purchaser be pal of and interest on the Note as initially issued as a single Note in the provided in this Resolution. The denomination of $400,000 and num- Note shall be negotiable as provided bered R-1. The Note shall not bear in Article 8 of the Uniform Commer- interest (0%) and shall mature three cial Code subject to the provisions years from issuance. The City Coun- for registration and transfer con- cil hereby finds and determines that tained in the Note and in this Reso- it is necessary and advisable to is- lution. sue said Note pursuant to Section The ownership of any Note may be 76.13 of the Code of Iowa, as au- transferred only upon the Registra- thorized by the Agreement and this tion Books kept for the registration Resolution. and transfer of the Note and only b. Execution. The Note shall be exe- upon surrender thereof at the office cuted by the manual or facsimile sig- of the Registrar together with an as - nature of the Mayor and attested by signment duly executed by the the manual or facsimile signature of holder or his duly authorized attor- the Clerk, and impressed or im- ney in fact in such form as shall be printed with the seal of the City and satisfactory to the Registrar, along shall be fully registered as to both with the address and social security principal and interest as provided in number or federal employer identifi- this Resolution; principal, interest cation number of such transferee and premium, if any, shall be paya- (or, if registration is to be made in the ble at the office of the Paying Agent name of multiple individuals, of all by mailing of a check, wire transfer such transferees). In the event that or automated clearing house system the address of the registered owner transfer to the registered owner of of a Note (other than a registered the Note. owner which is the nominee of the c. Redemption. The Note may be broker or dealer in question) is that called for redemption by the Issuer of a broker or dealer, there must be and paid before maturity on any disclosed on the Registration Books date, from any funds regardless of the information pertaining to the reg- source, in whole or from time to time istered owner required above. Upon 494 Regular Session, December 6, 2021 Book 151 the transfer of any such Note, a new the owner of such Notes who shall fully registered Note, of any denomi- thereafter be restricted exclusively nation or denominations permitted to such funds for any claim of what - by this Resolution in aggregate prin- ever nature on his part under this cipal amount equal to the unmatured Resolution or on, or with respect to, and unredeemed principal amount such interest or Notes. The Paying of such transferred fully registered Agent's obligation to hold such funds Note and bearing interest at the shall continue for a period equal to same rate and maturing on the same two years and six months following date or dates shall be delivered by the date on which such interest or the Registrar. principal became due, whether at In all cases of the transfer of the Note, maturity, or at the date fixed for re - the Registrar shall register, at the demption thereof, or otherwise, at earliest practicable time, on the Reg- which time the Paying Agent shall istration Books, the Note, in accord- surrender any remaining funds so ance with the provisions of this Res- held to the Issuer, whereupon any olution. claim under this Resolution by the As to any Note, the person in whose Owners of such interest or Notes of name the ownership of the same whatever nature shall be made upon shall be registered on the Registra- the Issuer. tion Books of the Registrar shall be Section 4. Form of Note. The form of Note deemed and regarded as the abso- shall be substantially as [provided] lute owner thereof for all purposes, Section 5. Security for Note. The Note shall and payment of or on account of the be payable solely from the Project Fund. To pay principal of any such Note and the the principal on the Note when it becomes due, premium, if any, and interest thereon there is hereby created a pledge of the receipts shall be made only to or upon the or- anticipated in said Project Fund to continue until der of the registered owner thereof the payment in full of the principal on the Note. or his legal representative. All such Section 6. Establishment of Project Fund. payments shall be valid and effec- The Issuer hereby creates and establishes a tual to satisfy and discharge the lia- Project Fund, into which Project Fund are bility upon such Note, including the hereby appropriated the following: interest thereon, to the extent of the Proceeds of not to exceed $400,000 Sewer sum or sums so paid. Revenue Capital Loan Notes, additional A Note which has been redeemed action on the issuance of which previously shall not be reissued but shall be has been taken and approved by the City cancelled by the Registrar. A Note Council which is cancelled by the Registrar The funds so appropriated shall include in shall be destroyed and a Certificate addition thereto all funds of the Issuer, in - of the destruction thereof shall be cluding proceeds realized on the reinvest - furnished promptly to the Issuer; pro- ment of proceeds of the Note, from which vided that if the Issuer shall so direct, the Issuer is or may become obligated to the Registrar shall forward the can- pay under contracts for the construction of celled Note to the Issuer. the Project to the extent that proceeds of In the event any payment check, wire, the Note are applied to the payment or electronic transfer of funds repre- thereof. senting payment of principal of or in- Section 7. Application of Project Fund. The terest on the Notes is returned to the proceeds of the sale of the Note shall be depos- Paying Agent or if any note is not ited in the Project Fund for application to pay - presented for payment of principal at ment of Project Costs and the costs of issuance the maturity or redemption date, if of the Note or to pay the principal of the Note funds sufficient to pay such principal when due and for no other purpose. of or interest on Notes shall have Disbursements for the payment of Project been made available to the Paying Costs shall be made by the City Clerk Agent for the benefit of the owner upon receipt of vouchers approved by the thereof, all liability of the Issuer to Governing Body. the owner thereof for such interest or After completion of the Project, any moneys payment of such Notes shall forth- remaining in the Project Fund shall be with cease, terminate and be com- held for the retirement of Note. When the pletely discharged, and thereupon it Note is paid or payment is provided for, shall be the duty of the Paying Agent remaining moneys in the Project Fund to hold such funds, without liability may be withdrawn and used for any lawful for interest thereon, for the benefit of purpose. Book 151 Regular Session, December 6, 2021 495 Section 8. Investments. Moneys in the Pro- ject Fund shall at all times be invested, to the extent practicable in Permitted Investments ma- turing at such times and in such amounts as will make cash available for the purposes of such Project Fund as needed. Section 9. Covenants with Noteholders. Is- suer covenants and agrees, so long as any Notes herein authorized remain unpaid, that it: a. Will proceed to complete with all practi- cable dispatch the construction and ac- quisition of the Project; b. Will not make or cause or permit to be made any application of the proceeds of the Note or of any moneys held in the Project Fund, except in accordance with the provisions of this Resolution; c. Will from time to time increase the amount of the appropriations to the Pro- ject Fund, to the extent necessary to as- sure that the expected receipts thereaf- ter forthcoming, together with the funds appropriated and held in trust for the purpose, will be sufficient to pay when due the Note as to both principal and in- terest. d. Will obtain the collection of funds and the proceeds of the sale of sewer reve- nue capital loan notes anticipated to be received in the Project Fund and, if not paid from other sources, apply the same to the payment of the Note and interest thereon; and e. For the prompt and full performance of the terms and provisions of this Resolu- tion and contract with the noteholders, the Issuer pledges its full faith and dili- gence and the exercise of its lawful pow- ers. Section 10. Contract Between Issuer and Purchaser. This Resolution constitutes a con- tract between the Issuer and the purchaser of the Note. Section 11. Additional Notes. The Issuer may issue Additional Project Notes of equal standing and parity of lien with the Note for the purpose of paying Project Costs to the extent that funds appropriated to the Project Fund are adequate to pay all notes so issued and interest thereon. The holder or holders of the Notes shall have all other rights and remedies given by law for the payment and enforcement of the Notes and the security therefor. Section 12. Severability Clause. If any sec- tion, paragraph, clause or provision of this Res- olution be held invalid, such invalidity shall not affect any of the remaining provisions hereof, and this Resolution shall become effective im- mediately upon its passage and approval. Section 13. Repeal of Conflicting Resolu- tions or Ordinances. All ordinances and resolu- tions and parts of ordinances and resolutions in conflict herewith are hereby repealed. Section 14. Paragraph Headings. The para- graph headings in this Resolution are furnished for convenience of reference only and shall not be considered to be a part of this Resolution. Section 15. Rule of Construction. This Res- olution and the terms and conditions of the Notes authorized hereby shall be construed whenever possible so as not to conflict with the terms and conditions of the Interim Loan and Disbursement Agreement. In the event such construction is not possible, or in the event of any conflict or inconsistency between the terms hereof and those of the Interim Loan and Dis- bursement Agreement, the terms of the Interim Loan and Disbursement Agreement shall pre- vail and be given effect to the extent necessary to resolve any such conflict or inconsistency. Passed and approved this 6th day of De- cember 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 4. Proceedings for Public Hearing on the Is- suance of Not to Exceed $1,570,000, Water Revenue Capital Loan Notes (Interim Financ- ing) State Revolving Funds, Planning and De- sign Loan Applications: Proof of publication on notice of public hearing to consider City Council approval of the suggested proceedings for a public hearing on the issuance of not to exceed $1,570,000 in Water Revenue Capital Loan Notes (Interim Financing) State Revolving Loan Fund Program, the proceeds of which will be used to pay planning and design costs for Web- ber Property Water Distribution System Im- provements Project, and City Manager recom- mended approval. Motion by Sprank to receive and file the documents and adopt Resolution No. 425-21 Instituting proceedings to take addi- tional action for the authorization of a Loan and Disbursement Agreement and the issuance of not to exceed $1,570,000 Water Revenue Cap- ital Loan Notes; and Resolution No. 426-21 Ap- proving and authorizing a form of Interim Loan and Disbursement Agreement by and between the City of Dubuque and the Iowa Finance Au- thority, and authorizing and providing for the is- suance and securing the payment of $1,570,000 Water Revenue Capital Loan Notes Anticipation Project Note, Series 2022, of the City of Dubuque, Iowa, under the provisions of the Code of Iowa, and providing for a method of payment of said note. Seconded by Farber. Re- sponding to a question from the City Council, City Manager Van Milligen summarized the State Revolving Funds (SRF) Program and how it impacts city debt. Motion carried 7-0. RESOLUTION NO. 425-21 INSTITUTING PROCEEDINGS TO TAKE AD- DITIONAL ACTION FOR THE AUTHORIZA- TION OF A LOAN AND DISBURSEMENT 496 Regular Session, December 6, 2021 Book 151 AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $1,570,000 WATER REVENUE CAPITAL LOAN NOTES Whereas, pursuant to notice published as required by law, this City Council has held a public meeting and hearing upon the proposal to institute proceedings for the authorization of a Loan and Disbursement Agreement by and between the City and the Iowa Finance Author- ity, and the issuance to the Iowa Finance Au- thority of not to exceed $1,570,000 Water Rev- enue Capital Loan Notes to evidence the obli- gations of the City under said Loan and Dis- bursement Agreement, for the purpose of pay- ing costs of acquisition, construction, recon- struction, extending, remodeling, improving, re- pairing and equipping all or part of the Municipal Water System, and has considered the extent of objections received from residents or prop- erty owners as to said proposal, and accord- ingly the following action is now considered to be in the best interests of the City and residents thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That this City Council does hereby institute proceedings and takes addi- tional action for the authorization of a Loan and Disbursement Agreement by and between the City and the Iowa Finance Authority, and the is- suance to the Iowa Finance Authority in the manner required by law of not to exceed $1,570,000 Water Revenue Capital Loan Notes for the foregoing purpose. Section 2. That the Clerk, with the assis- tance of bond counsel, is hereby authorized and directed to proceed with the preparation of such documents and proceedings as shall be necessary to authorize the City's participation in the DWSRF Loan Program, to select a suitable date for final City Council authorization of the required Loan and Disbursement Agreement and issuance of the Note to evidence the City's obligations thereunder, and to take such other actions as the Clerk shall deem necessary to permit the completion of a loan on a basis fa- vorable to the City and acceptable to this Coun- cil. Passed and approved this 6ch day of De- cember 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk RESOLUTION NO. 426-21 APPROVING AND AUTHORIZING A FORM OF INTERIM LOAN AND DISBURSEMENT AGREEMENT BY AND BETWEEN THE City of Dubuque AND THE IOWA FINANCE AU- THORITY, AND AUTHORIZING AND PROVIDING FOR THE ISSUANCE AND SE- CURING THE PAYMENT OF $1,570,000 WA- TER REVENUE CAPITAL LOAN NOTES AN- TICIPATION PROJECT NOTE, SERIES 2022 OF THE CITY OF DUBUQUE, IOWA, UNDER THE PROVISIONS OF THE CODE OF IOWA, AND PROVIDING FOR A METHOD OF PAY- MENT OF SAID NOTE Whereas, Issuer proposes to issue its Wa- ter Revenue Capital Loan Notes Anticipation Project Note, Series 2022, to the extent of $1,570,000, for the purpose of defraying the costs of the Project hereinafter described; and, it is deemed necessary and advisable and in the best interests of the City that a form of Interim Loan and Disbursement Agreement by and be- tween the City and the Iowa Finance Authority be approved and authorized; and Whereas, the notice of intention of Issuer to take action for the issuance of not to exceed $1,570,000 Water Revenue Capital Loan Notes has heretofore been duly published and no ob- jections to such proposed action have been filed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IN THE COUNTY OF DUBUQUE, STATE OF IOWA: Section 1. Definitions. The following terms shall have the following meanings in this Reso- lution unless the text expressly or by necessary implication requires otherwise: ♦ "Additional Project Notes" shall mean any project notes or other obligations issued on a parity with the Note in accordance with the provisions of Section 11 hereof; ♦ "Agreement" shall mean an Interim Loan and Disbursement Agreement dated as of the Closing between and among the City and the Original Purchaser, relating to the Interim Loan made to the City under the Program; ♦ "City Clerk" shall mean the City Clerk, or such other officer of the successor Gov- erning Body as shall be charged with sub- stantially the same duties and responsibil- ities; ♦ "Closing" shall mean the date of delivery of the Note to the Original Purchaser and the funding of the Interim Loan; ♦ "Corporate Seal" shall mean the official seal of Issuer adopted by the Governing Body; ♦ "Fiscal Year" shall mean the twelve months' period beginning on July 1 of each year and ending on the last day of June of the following year, or any other consecutive twelve-month period adopted by the Governing Body or by law as the official accounting period of the System; provided, that the requirements of a fiscal year as expressed in this Resolution shall exclude any payment of principal or inter- est falling due on the first day of the fiscal Book 151 Regular Session, December 6, 2021 497 year and include any payment of principal through an authorized custodian. or interest falling due on the first day of the Repurchase agreements do not succeeding fiscal year; include reverse repurchase ♦ "Governing Body" shall mean the Council agreements; of the City, or its successor in function with senior debt obligations rated respect to the operation and control of the "AAA" by Standard and Poor's System; Corporation (S&P) or "Aaa" by ♦ "Interim Loan" shall mean the principal Moody's Investors Service Inc. amount allocated by the Original Pur- (Moody's) issued by the Federal chaser and loaned to the City under the National Mortgage Association Program, equal in amount to the principal or the Federal Home Loan Mort - amount of the Note; gage Corporation; ♦ "Issuer" and "City" shall mean the City of • U.S. dollar denominated deposit Dubuque, Iowa; accounts, federal funds and ♦ "Note" shall mean $1,570,000 Water Rev- banker's acceptances with do- enue Capital Loan Notes Anticipation Pro- mestic commercial banks which ject Note, Series 2022, authorized to be have a rating on their short-term issued by this Resolution; certificates of deposit on the date ♦ "Original Purchaser" shall mean the Iowa of purchase of "A-1" or "A-1+" by Finance Authority, as the purchaser of the S&P or "P-1" by Moody's and Note from Issuer at the time of its original maturing no more than 360 days issuance; after the date of purchase (rat- ♦ "Paying Agent" shall be the Director of Fi- ings on holding companies are nance and Budget, or such successor as not considered as the rating of may be approved by Issuer as provided the bank); herein and who shall carry out the duties • commercial paper which is rated prescribed herein as Issuer's agent to pro- at the time of purchase in the sin - vide for the payment of principal of and in- gle highest classification, "A-1+" terest on the Notes as the same shall be- by S&P or "P-1" by Moody's and come due; which matures not more than ♦ "Permitted Investments" shall mean: 270 days after the date of pur- • direct obligations of (including obliga- chase; • investments in a money market tions issued or held in book entry fund rated "AAAm" or "AAAm-G" form on the books of) the Depart- or better by S&P; ment of the Treasury of the United pre -refunded Municipal Obliga- States of America; • cash (insured at all times by the Fed- tions, defined as any bonds or eral Deposit Insurance Corporation other obligations of any state of or otherwise collateralized with obli- the United States of America or gations described in the above para- of any agency, instrumentality or graph); local governmental unit of any • obligations of any of the following such state which are not callable federal agencies which obligations at the option of the obligor prior represent full faith and credit of the to maturity or as to which irrevo- United States of America, including: cable instructions have been - Export - Import Bank given by the obligor to call on the - Farm Credit System Financial date specified in the notice; and Assistance Corporation (a) which are rated, based on an - USDA - Rural Development irrevocable escrow account or - General Services Administration fund (the "escrow"), in the high- - U.S. Maritime Administration est rating category of S&P or - Small Business Administration Moody's or any successors - Government National Mortgage thereto; or (b)(i) which are fully Association (GNMA) secured as to principal and inter- - U.S. Department of Housing and est and redemption premium, if Urban Development (PHA's) any, by an escrow consisting - Federal Housing Administration only of cash or direct obligations • repurchase agreements whose of the Department of the Treas- underlying collateral consists of ury of the United States of Amer - the investments set out above if ica, which escrow may be ap- the Issuer takes delivery of the plied only to the payment of such collateral either directly or principal of and interest and re- demption premium, if any, on 498 Regular Session, December 6, 2021 Book 151 such bonds or other obligations on the maturity date or dates thereof or the specified redemp- tion date or dates pursuant to such irrevocable instructions, as appropriate; and (ii) which es- crow is sufficient, as verified by a nationally recognized independ- ent certified public accountant, to pay principal of and interest and redemption premium, if any, on the bonds or other obligations described in this paragraph on the maturity date or dates speci- fied in the irrevocable instruc- tions referred to above, as ap- propriate; • tax exempt bonds as defined and permitted by section 148 of the Internal Revenue Code and ap- plicable regulations and only if rated within the two highest clas- sifications as established by at least one of the standard rating services approved by the super- intendent of banking by rule adopted pursuant to chapter 17A Code of Iowa; • an investment contract rated within the two highest classifica- tions as established by at least one of the standard rating ser- vices approved by the superin- tendent of banking by rule adopted pursuant to chapter 17A Code of Iowa; and • Iowa Public Agency Investment Trust; ♦ "Program" shall mean the Iowa Drinking Water State Revolving Fund Program un- dertaken by the Original Purchaser; ♦ "Project' shall mean the costs of acquisi- tion, construction, reconstruction, extend- ing, remodeling, improving, repairing and equipping of the System; ♦ "Project Costs" shall mean all engineering fees, archeological surveys, environmen- tal studies, and fees related to a project plan preparation and submission, and other expenses incidental thereto, and also including the costs of issuance of the Note; ♦ "Project Fund" shall mean the Project Fund established by Section 6 of this Res- olution; ♦ "Registrar" shall be the Director of Fi- nance and Budget, or such successor as may be approved by Issuer as provided herein and who shall carry out the duties prescribed herein with respect to main- taining a register of the owners of the Note. Unless otherwise specified, the Registrar shall also act as Transfer Agent for the Note; ♦ "System" shall mean the municipal water utility of the Issuer and all properties of every nature hereinafter owned by the Is- suer comprising part of or used as a part of the System, including all water treat- ment facilities, storage facilities, pumping stations and all related property and im- provements and extensions made by Is- suer while the Note remains outstanding; all real and personal property; and all ap- purtenances, contracts, leases, fran- chises and other intangibles; ♦ "Treasurer" shall mean the Director of Fi- nance and Budget, or such other officer as shall succeed to the same duties and re- sponsibilities with respect to the recording and payment of the Note issued hereun- der. Section 2. Authority. The Agreement and the Note authorized by this Resolution shall be issued pursuant to Section 76.13 of the Code of Iowa, and in compliance with all applicable pro- visions of the Constitution and laws of the State of Iowa. The Agreement shall be substantially in the form attached to this Resolution and is authorized to be executed and issued on behalf of the Issuer by the Mayor and attested by the City Clerk. Section 3. Note Details, Execution, Re- demption and Registration. a. Note Details. The Note shall be des- ignated a Water Revenue Capital Loan Notes Anticipation Project Note, be dated the date of delivery, in the denomination of $1,000 or multiples thereof, and shall at the request of the Original Purchaser be initially issued as a single Note in the de- nomination of $1,570,000 and numbered R-1. The Note shall not bear interest (0%) and shall mature three years from issu- ance. The City Council hereby finds and determines that it is necessary and advis- able to issue said Note pursuant to Sec- tion 76.13 of the Code of Iowa, as author- ized by the Agreement and this Resolu- tion. b. Execution. The Note shall be exe- cuted by the manual or facsimile signature of the Mayor and attested by the manual or facsimile signature of the Clerk, and im- pressed 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 pre- mium, 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. Book 151 Regular Session, December 6, 2021 499 c. Redemption. The Note may be called permitted by this Resolution in aggre- for redemption by the Issuer and paid be- gate principal amount equal to the un- fore maturity on any date, from any funds matured and unredeemed principal regardless of source, in whole or from amount of such transferred fully regis- time to time in part, in order of maturity tered Note and bearing interest at the and within an annual maturity by lot. same rate and maturing on the same Notice of redemption shall be given date or dates shall be delivered by the by U.S. mail to the Original Purchaser Registrar. (or any other registered owner of the In all cases of the transfer of the Note). The terms of redemption shall Note, the Registrar shall register, at be par, plus accrued interest to date of the earliest practicable time, on the call. Failure to give such notice by mail Registration Books, the Note, in ac- to any registered owner or any defect cordance with the provisions of this therein shall not affect the validity of Resolution. any proceedings for the redemption of As to any Note, the person in whose the Note. The Note is also subject to name the ownership of the same shall mandatory redemption to the extent be registered on the Registration not fully drawn upon. Books of the Registrar shall be d. Registration. The Note may be regis- deemed and regarded as the absolute tered as to principal and interest on the owner thereof for all purposes, and books of the Note Registrar in the name of payment of or on account of the prin- the holder and such registration noted on cipal of any such Note and the pre - the Note after which no transfer shall be mium, if any, and interest thereon shall valid until the making of an entry upon the be made only to or upon the order of books kept for the registration and transfer the registered owner thereof or his le - of ownership of the Note, and in no other gal representative. All such payments way. The Director of Finance and Budget shall be valid and effectual to satisfy is hereby appointed as Note Registrar un- and discharge the liability upon such der the terms of this Resolution. Registrar Note, including the interest thereon, to shall maintain the books of the Issuer for the extent of the sum or sums so paid. the registration of ownership of the Note A Note which has been redeemed for the payment of principal of and interest shall not be reissued but shall be can- on the Note as provided in this Resolution. celled by the Registrar. A Note which The Note shall be negotiable as provided is cancelled by the Registrar shall be in Article 8 of the Uniform Commercial destroyed and a Certificate of the de - Code subject to the provisions for registra- struction thereof shall be furnished tion and transfer contained in the Note promptly to the Issuer; provided that if and in this Resolution. the Issuer shall so direct, the Registrar The ownership of any Note may be shall forward the cancelled Note to the transferred only upon the Registration Issuer. Books kept for the registration and In the event any payment check, transfer of the Note and only upon sur- wire, or electronic transfer of funds render thereof at the office of the Reg- representing payment of principal of or istrar together with an assignment duly interest on the Notes is returned to the executed by the holder or his duly au- Paying Agent or if any note is not pre- thorized attorney in fact in such form sented for payment of principal at the as shall be satisfactory to the Regis- maturity or redemption date, if funds trar, along with the address and social sufficient to pay such principal of or in- security number or federal employer terest on Notes shall have been made identification number of such trans- available to the Paying Agent for the feree (or, if registration is to be made benefit of the owner thereof, all liability in the name of multiple individuals, of of the Issuer to the owner thereof for all such transferees). In the event that such interest or payment of such the address of the registered owner of Notes shall forthwith cease, terminate a Note (other than a registered owner and be completely discharged, and which is the nominee of the broker or thereupon it shall be the duty of the dealer in question) is that of a broker Paying Agent to hold such funds, with - or dealer, there must be disclosed on out liability for interest thereon, for the the Registration Books the information benefit of the owner of such Notes pertaining to the registered owner re- who shall thereafter be restricted ex- quired above. Upon the transfer of any clusively to such funds for any claim of such Note, a new fully registered Note, whatever nature on his part under this of any denomination or denominations Resolution or on, or with respect to, 500 Regular Session, December 6, 2021 Book 151 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 princi- pal became due, whether at maturity, or at the date fixed for redemption thereof, or otherwise, at which time the Paying Agent shall surrender any re- maining funds so held to the Issuer, whereupon any claim under this Res- olution by the Owners of such interest or Notes of whatever nature shall be made upon the Issuer. Section 4. Form of Note. The form of Note shall be substantially as [provided]. Section 5. Security for Note. The Note shall be payable solely from the Project Fund. To pay the principal on the Note when it becomes due, there is hereby created a pledge of the receipts anticipated in said Project Fund to continue until the payment in full of the principal on the Note. Section 6. Establishment of Project Fund. The Issuer hereby creates and establishes a Project Fund, into which Project Fund are hereby appropriated the following: Proceeds of not to exceed $1,570,000 Water Revenue Capital Loan Notes, addi- tional action on the issuance of which previ- ously has been taken and approved by the City Council The funds so appropriated shall include in addition thereto all funds of the Issuer, in- cluding proceeds realized on the reinvest- ment of proceeds of the Note, from which the Issuer is or may become obligated to pay under contracts for the construction of the Project to the extent that proceeds of the Note are applied to the payment thereof. Section 7. Application of Project Fund. The proceeds of the sale of the Note shall be depos- ited in the Project Fund for application to pay- ment of Project Costs and the costs of issuance of the Note or to pay the principal of the Note when due and for no other purpose. Disbursements for the payment of Project Costs shall be made by the City Clerk upon receipt of vouchers approved by the Gov- erning Body. After completion of the Project, any mon- eys remaining in the Project Fund shall be held for the retirement of Note. When the Note is paid or payment is provided for, re- maining moneys in the Project Fund may be withdrawn and used for any lawful purpose. Section 8. Investments. Moneys in the Pro- ject Fund shall at all times be invested, to the extent practicable in Permitted Investments ma- turing at such times and in such amounts as will make cash available for the purposes of such Project Fund as needed. Section 9. Covenants with Noteholders. Is- suer covenants and agrees, so long as any Notes herein authorized remain unpaid, that it: a. Will proceed to complete with all prac- ticable dispatch the construction and ac- quisition of the Project; b. Will not make or cause or permit to be made any application of the proceeds of the Note or of any moneys held in the Pro- ject Fund, except in accordance with the provisions of this Resolution; c. Will from time to time increase the amount of the appropriations to the Pro- ject Fund, to the extent necessary to as- sure that the expected receipts thereafter forthcoming, together with the funds ap- propriated and held in trust for the pur- pose, will be sufficient to pay when due the Note as to both principal and interest. d. Will obtain the collection of funds and the proceeds of the sale of water revenue capital loan notes anticipated to be re- ceived in the Project Fund and, if not paid from other sources, apply the same to the payment of the Note and interest thereon; and e. For the prompt and full performance of the terms and provisions of this Reso- lution and contract with the noteholders, the Issuer pledges its full faith and dili- gence and the exercise of its lawful pow- ers. Section 10. Contract Between Issuer and Purchaser. This Resolution constitutes a con- tract between the Issuer and the purchaser of the Note. Section 11. Additional Notes. The Issuer may issue Additional Project Notes of equal standing and parity of lien with the Note for the purpose of paying Project Costs to the extent that funds appropriated to the Project Fund are adequate to pay all notes so issued and interest thereon. The holder or holders of the Notes shall have all other rights and remedies given by law for the payment and enforcement of the Notes and the security therefor. Section 12. Severability Clause. If any sec- tion, paragraph, clause or provision of this Res- olution be held invalid, such invalidity shall not affect any of the remaining provisions hereof, and this Resolution shall become effective im- mediately upon its passage and approval. Section 13. Repeal of Conflicting Resolu- tions or Ordinances. All ordinances and resolu- tions and parts of ordinances and resolutions in conflict herewith are hereby repealed. Section 14. Paragraph Headings. The para- graph headings in this Resolution are furnished for convenience of reference only and shall not be considered to be a part of this Resolution. Section 15. Rule of Construction. This Res- olution and the terms and conditions of the Notes authorized hereby shall be construed whenever possible so as not to conflict with the Book 151 Regular Session, December 6, 2021 501 terms and conditions of the Interim Loan and Disbursement Agreement. In the event such construction is not possible, or in the event of any conflict or inconsistency between the terms hereof and those of the Interim Loan and Dis- bursement Agreement, the terms of the Interim Loan and Disbursement Agreement shall pre- vail and be given effect to the extent necessary to resolve any such conflict or inconsistency. Passed and approved this 6th day of De- cember 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk PUBLIC INPUT Mike Duehr thanked Mayor Buol for the procla- mations he signed for the Dubuque Fraternal Order of the Eagles Eyes on the Future Com- mittee, as well as his service to the city. City Clerk Breitfelder stated that public input was submitted by Sarah Otting, 940 Southern Ave., regarding Action Item No. 2. Ms. Otting expressed support for the project and provided input on the process of installation and pricing. ACTION ITEMS 1. Greater Dubuque Development Corpora- tion - Quarterly Update: President and CEO Rick Dickinson presented the quarterly update on the activities of the Greater Dubuque Devel- opment Corporation. Motion by Farber to re- ceive and file the information. Seconded by Roussell. Motion carried 7-0. 2. ImOn Communications Fiber -to -the - Home Build -Out Presentation: Information Ser- vices Manager Chris Kohlmann and Greater Dubuque Development Corporation's Sustaina- ble Innovation Consultant Dave Lyons intro- duced Patrice Carroll, President and CEO of ImOn Communications, who made a presenta- tion on ImOn Communications' investment and timeline for complete Fiber -to -the -Home build - out in Dubuque. Topics included: ImOn Eastern Iowa Network; ImOn Dubuque Access Ring; ImOn Commitment to Dubuque; and ImOn Ex- pansion. Motion by Sprank to receive and file the information. Seconded by Resnick. Re- sponding to questions from the City Council, Ms. Carroll summarized the locations of data centers and the process for notifying residents about future installations. Ms. Carroll stated that ImOn Communications will notify residents via mail four to six weeks before proposed con- struction and will provide door hangers with phone numbers to call if there is a concern. Mr. Lyons summarized partnerships with other or- ganizations to share capacity and the suc- cesses of the Emergency Broadband Benefit Program. Motion carried 7-0. 3. Filling a Vacancy in the Office of Fourth Ward City Council Member: City Council dis- cussed the process for filling a vacancy in the Office of Fourth Ward City Council Member as a result of Mayor -elect Brad Cavanagh's resig- nation. Motion by Resnick to receive and file the information and refer to City Council for discus- sion. Seconded by Farber. City Council con- curred that the Ward 4 vacancy should be filled via special election based on the length of time remaining for the seat and discussed options for temporarily appointing someone until the special election. City Attorney Brumwell con- firmed that if City Council chose to appoint someone rather than hold a special election, and also decided to have a Five Flags Referen- dum in 2022, then the Ward 4 term would ap- pear on the ballot. City Clerk Breitfelder stated that Dubuque County Deputy Commissioner of Elections Jenny Hilary was consulted about po- tential special election dates, and that March 29, 2022, is the proposed special election date with a primary on March 1, 2022, if needed. Re- sponding to a question from the City Council, City Attorney Brumwell stated that City Council could not stipulate that an individual temporarily appointed to the seat is prohibited from running for the seat in a special election. After additional discussion, City Council concluded there would be multiple challenges with a temporary ap- pointment and agreed that the seat will remain vacant until the special election. Motion carried 7-0. 4. 9-1-321.1 Ordinance Revision: City Man- ager recommended City Council approval of an ordinance amending the definitions section of Title 9 regarding Motor Vehicles and Traffic re- visions to ensure the City Code is consistent with State Code. Motion by Cavanagh to re- ceive and file the documents and that the re- quirement that a proposed ordinance be con- sidered and voted on for passage at two Coun- cil meetings prior to the meeting at which it is to be passed be suspended. Seconded by Rous- sell. Motion carried 7-0. Motion by Cavanagh for final consideration and passage of Ordinance No. 44-21 Amending City of Dubuque Code of Ordinances Title 9 Mo- tor Vehicles and Traffic, Chapter 1 General Pro- visions, Section 9-1-321.1 Definitions. Se- conded by Roussell. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 44 - 21 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 9 MOTOR VEHICLES AND TRAFFIC, CHAPTER 1 GENERAL PRO- VISIONS, SECTION 9-1-321.1 DEFINITIONS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. Section 9-1-321.1 of the City of 502 Regular Session, December 6, 2021 Book 151 Dubuque Code of Ordinances is amended to read as follows: 9-1-321.1: DEFINITIONS: The following words and phrases, when used in this title shall, for the purpose of this title, have the meanings respectively ascribed to them in this section: BICYCLE: means either of the following: A. A device having two (2) or three (3) wheels and having at least one (1) saddle or seat for the use of a rider which is propelled by human power; or B. A low -speed electric bicycle. LOW -SPEED ELECTRIC BICYCLE: A device having a saddle or seat for the use of a rider, two (2) or three (3) wheels equipped with fully operable pedals, and an electric motor of less than seven hundred fifty (750) watts that meets the requirements of one of the following classes: A. "Class 1 low -speed electric bicy- cle": means a low -speed electric bicycle equipped with a motor that may be used to provide assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle reaches a speed of twenty (20) miles per hour or more. B. "Class 2 low -speed electric bicy- cle": means a low -speed electric bicycle equipped with a motor that may be used exclusively to propel the bicycle and that is not capable of providing assistance when the bicycle reaches a speed of twenty (20) miles per hour or more. C. "Class 3 low -speed electric bicy- cle": means a low -speed electric bicycle equipped with a motor that may be used to provide assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle reaches a speed of twenty-eight (28) miles per hour or more. MOTORCYCLE: Every motor vehicle having a saddle or seat for the use of the rider and designed to travel on not more than three (3) wheels in contact with the ground including a motor scooter but excluding a tractor an au- tocycle, a low -speed electric bicycle, and a motorized bicycle. MOTORIZED BICYCLE OR MOTOR BICYCLE: A motor vehicle having a saddle or seat for the use of a rider, designed to travel on not more than three (3) wheels in contact with the ground, and not capable of operating at a speed in excess of thirty-nine (39) miles per hour on level ground unas- sisted by human power, but excluding a low -speed electric bicycle. VEHICLE: Every device in, upon, or by which any person or property is or may be transported or drawn upon a high- way. "Vehicle" does not include: A. Any device moved by human power, including a low -speed electric bicycle. B. Any device used exclusively upon stationary rails or tracks. C. Any integral part of a truck - tractor or road tractor which is mounted on the frame of the truck -tractor or road tractor im- mediately behind the cab and which may be used to transport persons and property, but which cannot be drawn upon the highway by the truck -trac- tor or another motor vehicle. D. Any steering axle, dolly, auxil- iary axle, or other integral part of another vehicle which in and of itself is incapable of com- mercially transporting any per- son or property but is used pri- marily to support another vehi- cle. Section 2. This ordinance shall take effect upon publication. Passed, approved, and adopted this 6th day of December 2021. /s/Roy D. Buol, Mayor Attest: /s/Adrienne Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 10th day of December 2021. /s/Adrienne N. Breitfelder, City Clerk 5. Police Department 2021 Commission on the Accreditation for Law Enforcement Agen- cies (CALEA) Accreditation Acceptance: City Manager transmitted information on the Dubu- que Police Department being awarded the 2021 Commission on the Accreditation for Law En- forcement Agencies (CALEA) re- accreditation. Motion by Roussell to receive and file the infor- mation. Seconded by Farber. Interim Chief of Police Jeremy Jensen made a presentation. Motion carried 7-0. 6. Carbon Disclosure Project 2021 Score- card: City Manager transmitted information re- garding the City of Dubuque's 2021 Carbon Disclosure Project (CDP) score. Motion by Sprank to receive and file the information. Se- conded by Cavanagh. Sustainable Community Book 151 Regular Session, December 6, 2021 503 Coordinator Gina Bell made a presentation. Topics included: Dubuque's CDP Scorecard History; CDP Snapshot Report 2021; Leader- ship Level. Motion carried 7-0. 7. Fall 2021 City Focus Magazine: City Man- ager provided a copy of the 2021 City Focus Magazine, which features the Imagine Dubu- que Comprehensive Plan. Motion by Farber to receive and file the documents. Seconded by Sprank. Motion carried 7-0. 8. Acceptance of National Endowment for the Arts American Rescue Plan Grants to Local Arts Agencies for Subgranting Funding Offer: City Manager recommended City Council ac- ceptance of a $500,000 funding offer from the National Endowment for the Arts American Rescue Plan to Local Arts Agencies for Sub - granting funding program. Motion by Resnick to receive and file the documents and approve the funding offer. Seconded by Roussell. Arts and Cultural Affairs Coordinator Jenni Petersen - Brant made a presentation. City Council ex- pressed enthusiasm for all the recent accom- plishments by city staff, also referencing Action Items No. 5 and 6. Motion carried 7-0. 9. Release of RFP for Design of the Dubu- que Industrial Center Project at U.S. Highway 151/61/52 Interchange: City Manager recom- mended approval to release a Request for Pro- posals (RFP) for the Design of the Dubuque In- dustrial Center Project at U.S. Highway 151/61/52 Interchange. Motion by Resnick to receive and file the documents and approve the release of the RFP. Seconded by Farber. Mo- tion carried 7-0. 10. Request to Schedule Work Session on Arts and Culture Master Plan Update: City Man- ager requested the City Council schedule a work session for Monday, February 14, 2022, at 6:30 p.m. for an update on the Arts and Culture Master Plan. Motion by Resnick to receive and file the documents and schedule the work ses- sion as recommended. Seconded by Cavanagh. No schedule conflicts were ex- pressed. Motion carried 7-0. 11. Travel Dubuque Update - Work Session Request: City Manager requested the City Council schedule a work session for Monday, February 21, 2022, at 6:00 p.m. for Travel Dubuque's annual presentation. Motion by Res- nick to receive and file the documents and schedule the work session as recommended. Seconded by Sprank. No schedule conflicts were expressed. Motion carried 7-0. COUNCIL MEMBER REPORTS Council Member Roussell reported on at- tending the National League of Cities (NLC) fall conference and congratulated Council Member Cavanagh on his conference presentation re- garding Dubuque's sustainability work on elec- 504 Regular Session, December 6, 2021 Book 151 trification. Ms. Roussell also reported on partic- ipating in the Iowa League of Cities (ILC) legis- lative policy committee discussion on economic development. CLOSED SESSION Motion by Cavanagh to convene in closed session at 9:53 p.m. to discuss Purchase or Sale of Real Estate — Chapter 21.5(1)0) Code of Iowa. Seconded by Sprank. Mayor Buol stated for the record that the attorney who will consult with City Council on the issues to be dis- cussed in the closed session is City Attorney Brumwell. Motion carried 7-0. The City Council reconvened in open ses- sion at 10:59 p.m. stating that staff had been given proper direction. There being no further business, Mayor Buol declared the meeting adjourned at 10:59 p.m. /s/Adrienne N. Breitfelder, City Clerk Book 151 Special and Regular Sessions, December 20, 2021 505 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 5:30 p.m. on December 20, 2021, in the second -floor Council Chambers of the His- toric Federal Building, 350 W. 6"' Street. Present: Mayor Buol; Council Members Cavanagh, Farber, Jones, Resnick, Roussell, Sprank; City Manager Van Milligen, City Attor- ney 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 Central Avenue Corridor Streetscape Master Plan. WORK SESSION Central Avenue Corridor Streetscape Master Plan Economic Development Director Jill Con- nors introduced Ryan Peterson, Senior Partner of RDG Planning & Design, who made a presentation Topics included: • Background: Project Timeline • Public Input: Engagement Strategy • Emerging Themes • Regional Opportunities Diagram • Streetscape Vision • Next Steps Mr. Peterson responded to questions from the City Council regarding feedback from area businesses, the recommended width for park- ing spaces, the square footage dedicated to planting trees, and how the plan will incorporate various traffic scenarios. City Manager Van Mil- ligen and Ms. Connors responded to questions regarding the proposed timeline of the traffic study and project. City Council discussed the need for 2-way traffic based on public input and potential traffic patterns in the future. There being no further business, Mayor Buol declared the meeting adjourned at 6:18 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 December 20, 2021, in the second -floor Council Chambers of the His- toric Federal Building, 350 W. 6"' Street. Present: Mayor Buol; Council Members Cavanagh, Farber, Jones, Resnick, Roussell, Sprank; City Manager Van Milligen, City Attor- ney 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. Recognition of Mayor Roy D. Buol: City Council Members and city staff recognized out- going Mayor Roy D. Buol for over 26 years of public service. Recognition items were as fol- lows: 1. Mayor Pro Tern Sprank read a proclama- tion recognizing December20th, 2021, as Roy D. Buol Day. 2. Colin Wellenkamp, Executive Director of Mississippi River Cities and Towns Initia- tive (MRCTI), virtually shared remarks about 3. Mayor Buol's leadership with the MRCTI. City Council members individually shared remarks about Mayor Buol. 4. Sustainable Communities Coordinator Gina Bell presented climate action pledge cards signed by residents in honor of Mayor Buol's sustainability initiatives 5 Media Services presented a tribute video CONSENT ITEMS Motion by Resnick to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Farber. Motion carried 7-0. 1. Minutes and Reports Submitted: City Council Proceedings of 12/06; Cable TV Com- mission of 12/8; Civil Service Commission of 11/4 and 12/7; Housing Commission of 9/28 and 12/14; Zoning Advisory Commission of 506 Regular Session, December 20, 2021 Book 151 12/1; Zoning Board of Adjustment of 11/18; Proof of publication for City Council Proceed- ings of 11/15; Proof of publication for List of Claims and Summary of Revenues for Month Ending 10/31. Upon motion the documents were received and filed. 2. Approval of City Expenditures: City Man- ager recommended City Council approval for payment of City expenditures. Upon motion the documents were received and filed, and Reso- lution No. 427-21 Authorizing the Director of Fi- nance and Budget/City Treasurer to make cer- tain payments of bills that must be paid and ap- proved for payment in accordance with City pro- cedures was adopted. RESOLUTION NO. 427-21 AUTHORIZING THE DIRECTOR OF FI- NANCE AND BUDGET / CITY TREASURER TO MAKE CERTAIN PAYMENTS OF BILLS THAT MUST BE PAID AND APPROVED FOR PAYMENT IN ACCORDANCE WITH CITY PROCEDURES 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 De- partment personnel in accordance with gener- ally accepted internal control procedures and have been determined to have been requisi- tioned for a lawful municipal purpose; and Whereas, the Finance Director -City Treas- urer 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 pay- ment of certain expenditures known as Excep- tion 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 Treas- urer is hereby authorized to issue payment for goods and services provided for City purposes in response to the purchase orders and con- tracts issued in compliance with state and mu- nicipal code requirements as requested by des- ignated requisitioning authorities in accordance with approved budget appropriations. Section 2. In accordance with Iowa Code Section 372.13(6), the City Clerk and Finance Director are hereby authorized and directed to provide the statement of receipts and disburse- ments to the City Council, and to publish a sum- mary thereof. Passed, approved, and adopted this 20'h day of December 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 3. Termination of Grant Agreement Be- tween City of Dubuque and K&L Leasing, LLC. for the Rehabilitation of 701 Bluff Street: City Manager recommended approval of a Termina- tion Agreement with K&L Leasing, LLC. for the rehabilitation of 701 Bluff Street. Upon motion the documents were received and filed, and Resolution No. 428-21 Approving the Termina- tion Agreement and Release Terminating the Grant Agreement by and between the City of Dubuque, Iowa and K&L Leasing, LLC was adopted. RESOLUTION NO. 428-21 APPROVING THE TERMINATION AGREE- MENT AND RELEASE TERMINATING THE GRANT AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE, IOWA AND K&L LEASING, LLC. Whereas, the City of Dubuque and K&L Leasing, LLC. entered into a Grant Agreement dated for reference purposes the 19'h day of Oc- tober 2020, as amended (the Grant Agreement) for property at 701 Bluff Street, legally de- scribed as follows: Tract II: Lot 1 of the Subdivision of Lot 3 of the Subdivision of Out Lot 653A: and Lot 1 of the Subdivision of Lot 2 of the Subdi- vision of Lot 2 of the Subdivision of Out Lot 653 in the City of Dubuque, Iowa, ac- cording to the recorded plats thereof; and Whereas, City and K&L Leasing, LLC. now desire to terminate the Grant Agreement on the terms and conditions set forth in the Termina- tion Agreement and Release between the City of Dubuque, Iowa and K&L Leasing, LLC., at- tached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Termination Agreement and Release Between the City of Dubuque, Iowa and K&L Leasing, LLC. is hereby approved. Section 2. The Mayor is hereby authorized and directed to sign the Termination Agreement and Release on behalf of the City of Dubuque. Section 3. The City Manager is authorized to take such actions as are necessary to comply with the terms of the Termination Agreement and Release as herein approved. Passed, approved and adopted this 20th day of December 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk Book 151 Regular Session, December 20, 2021 507 4. Association of Food and Drug Officials (AFDO) Grant: City Manager recommended ap- proval of a $1,082 Association of Food and Drug Officials Grant for a data logging ther- mometer to be used on inspections to verify cooling times and temperatures as well as cool- ing rates to aid in determining if food needs to be destroyed of if food can be rapidly cooled to meet cooling requirements. Upon motion the documents were received, filed, and approved. 5. Intent to Apply for AIB/CN EcoConnex- ions From the Ground Up: City Manager recom- mended approval to apply for an AIB/CN Eco- Connexions From the Ground Up grant in the amount of $25,000. Upon motion the docu- ments were received, filed, and approved. 6. Letter of Support for Four Mounds 2022 Employer Innovation Fund Future Ready Iowa Grant Application: City Manager provided a copy of a letter of support of Four Mounds as a potential recipient of the 2022 Employer Inno- vation Fund Future Ready Iowa Grant. Upon motion the documents were received and filed. 7. Intent to Apply for Volunteer DBQ 2022 - Volunteer Generation Fund Continuation Grant: City Manager recommended approval to apply for a Volunteer DBQ 2022 — Volunteer Genera- tion Fund Continuation Grant in the amount of $29,799. Upon motion the documents were re- ceived, filed, and approved. 8. Public, Educational, and Government (PEG) Fund Expenditure for Dubuque County Historical Society: City Manager recommended approval of the Cable TV Commission recom- mendation for funding from the Public, Educa- tional, and Government (PEG) Capital Grant for Access Equipment and Facilities in the amount of $16,153 for Dubuque County Historical Soci- ety for equipment to produce high -quality vid- eos and educational programming at the Na- tional Mississippi River Museum and Aquarium campus. Upon motion the documents were re- ceived, filed, and approved. 9. Voucher Payment Standard (VPS) In- crease for HUD -Veteran Affairs Supportive Housing (VASH) Program: City Manager rec- ommended approval of the adoption of an in- crease in Voucher Payment Standards (VPS) forthe HUD Veteran Affairs Supportive Housing (VASH) Program in the City of Dubuque. Upon motion the documents were received and filed, and Resolution No. 429-21 Approving the in- crease in voucher payment standards for the HUD-VASH Program in the City of Dubuque was adopted. RESOLUTION NO. 429-21 APPROVING THE INCREASE IN VOUCHER PAYMENT STANDARDS FOR THE HUD- VASH PROGRAM IN THE CITY OF DUBU- QUE Whereas, the City of Dubuque is designated as a Public Housing Authority; and Whereas, the City of Dubuque maintains a Voucher Payment Standards for the HUD- VASH Program; and Whereas, the City of Dubuque desires to re- vise said Voucher Payment Standards for the HUD-VASH Program; and Whereas, the Housing Commission held a public meeting to review the increase in pro- posed Voucher Payment Standards; and Whereas, on December 14, 2021, the Housing Commission approved and recom- mended City Council adoption of the revised Voucher Payment Standards for the HUD- VASH Program; and Whereas, the Housing and Community De- velopment Department will implement the re- vised Voucher Payment Standards for the HUD-VASH Program beginning January 1, 2022, after City Council approval. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The Public Housing Authority (PHA) has revised the Voucher Payment Standards for the HUD-VASH Program run by the City of Dubuque PHA and the City Council has approved adoption of the increase in the Voucher Payment Standards for the HUD- VASH Program. Section 2. The City Council has adopted the increase in the Voucher Payment Standards for the HUD-VASH Program. Section 3. The Housing and Community De- velopment Staff is hereby directed to implement the revised Voucher Payment Standards for the HUD-VASH Program effective January 1, 2022. Passed, approved, and adopted this 20"' day of December 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 10. Iowa Finance Authority Website to Sup- port Housing Opportunities and Resources: Correspondence from the Iowa Finance Author- ity regarding the welcomehomeia.com website, which provides opportunities and resources to support housing in Iowa. Upon motion the doc- uments were received and filed. 11. Property Assessment Appeal Board Ruling, Dan Nadermann v. City Board of Re- view: Senior Counsel transmitted a ruling from the Property Assessment Appeal Board affirm- ing the Board of Review's January 1, 2021, as- sessment of the Nadermann property. Upon motion the documents were received and filed. 508 Regular Session, December 20, 2021 Book 151 12. Agreement Between the City of Dubu- que and ITC Midwest, LLC to Operate an Elec- tric Transmission System in the City of Dubu- que: Senior Counsel recommended adoption of a resolution approving the Agreement authoriz- ing ITC Midwest, LLC to operate an electric transmission system in the City of Dubuque un- til the franchise agreement takes effect but not later than March 1, 2022. Upon motion the doc- uments were received and filed, and Resolution No. 430-21 Approving an agreement between the City of Dubuque and ITC Midwest, LLC to operate an electric transmission system in the City of Dubuque was adopted. RESOLUTION NO. 430-21 APPROVING AN AGREEMENT BETWEEN THE CITY OF DUBUQUE AND ITC MIDWEST, LLC TO OPERATE AN ELECTRIC TRANS- MISSION SYSTEM IN THE CITY OF DUBU- QUE Whereas, the City of Dubuque, Iowa (City) and ITC Midwest, LLC (ITC Midwest) have ten- tatively entered into an Agreement for the oper- ation of an electric transmission system in the City of Dubuque until such time as City and ITC Midwest finalize a franchise agreement to oper- ate the system; and Whereas, the City Council finds that it is in the best interests of the City of Dubuque to ap- prove the Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The attached Agreement is hereby approved. Section 2. The City Manager is authorized and directed to sign the Agreement on behalf of the City of Dubuque. Passed, approved and adopted this 20th day of December 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 13. Amended Iowa Tourism Grant Agree- ment for Execution: City Manager recom- mended approval of an amended agreement for the Iowa Tourism Grant Program from the Iowa Economic Development Authority / Iowa Tour- ism grant. Upon motion the documents were re- ceived, filed, and approved. 14. Request Release of Request for Pro- posals for the Black Heritage Survey: City Man- ager recommended approval to release a Re- quest for Proposals for the Black Heritage Sur- vey. Upon motion the documents were re- ceived, filed, and approved. 15. Pre -Annexation Agreement - Wwb In- vestments, LC: City Manager recommended approval of a Pre -Annexation Agreement with Wwb Investments, LC, property owner of 10426 Stonewood Drive in Dubuque County, in con- junction with their request to connect to City wa- ter. Upon motion the documents were received and filed, and Resolution No. 431-21 Approving a Pre -Annexation Agreement between the City of Dubuque, Iowa and Wwb Investments LC was adopted. RESOLUTION NO.431-21 APPROVING A PRE -ANNEXATION AGREE- MENT BETWEEN THE CITY OF DUBUQUE, IOWA AND WWB INVESTMENTS LC Whereas, Wwb Investments LC, the owner of the following described property located at 10426 Stonewood Drive in Dubuque County, Iowa (the Property) have submitted to the City Council of the city of Dubuque an application for voluntary annexation of the Property to the City of Dubuque: Lot 5 of Tamarack S.E. Fourth Subdivi- sion, in Table Mound Township, Dubuque County, Iowa, according to the recorded plat thereof Whereas, Wwb Investments LC has en- tered 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 author- izes 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 or- derly 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 an- nexation of the Property is in the public interest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The Pre -annexation Agreement by and between Wwb Investments LC and the City of Dubuque is hereby approved. Passed, approved and adopted this 20th day of December 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 16. Pre -Annexation Agreement - Mulgrew Oil Company: City Manager recommended ap- proval of a Pre -Annexation Agreement with Mulgrew Oil Company, property owner of 10314 Silverwood Drive in Dubuque County, in conjunction with their request to connect to City water. Upon motion the documents were re- Book 151 Regular Session, December 20, 2021 509 ceived and filed, and Resolution No. 432-21 Ap- proving a Pre -Annexation Agreement between the City of Dubuque, Iowa and Mulgrew Oil Company was adopted. RESOLUTION NO. 432-21 APPROVING A PRE -ANNEXATION AGREE- MENT BETWEEN THE CITY OF DUBUQUE, IOWA AND MULGREW OIL COMPANY Whereas, Mulgrew Oil Company, the owner of the following described property located at 10314 Silverwood Drive in Dubuque County, Iowa (the Property) have submitted to the City Council of the city of Dubuque an application for voluntary annexation of the Property to the City of Dubuque: Lot 6 and Lot 7 of Tamarack S.E. Fourth Subdivision, in Table Mound Township, Dubuque County, Iowa, according to the recorded plat thereof Whereas, Mulgrew Oil Company has en- tered 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 author- izes 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 or- derly 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 an- nexation of the Property is in the public interest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The Pre -annexation Agreement by and between Mulgrew Oil Company and the City of Dubuque is hereby approved. Passed, approved and adopted this 20th day of December 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 17. Pre -Annexation Agreement - Elizabeth Reuter 2018 Revocable Trust: City Manager recommended approval of a Pre -Annexation Agreement with Elizabeth Reuter 2018 Revoca- ble Trust Agreement, property owner of 10495 Key West Drive, Dubuque County, in conjunc- tion with a request for approval of a Plat of Sur- vey. Upon motion the documents were received and filed, and Resolution No. 433-21 Approving a Pre -Annexation Agreement between the City of Dubuque, Iowa and Elizabeth Reuter 2018 Revocable Trust Agreement was adopted. RESOLUTION NO. 433-21 APPROVING A PRE -ANNEXATION AGREE- MENT BETWEEN THE CITY OF DUBUQUE, IOWA AND ELIZABETH REUTER 2018 REV- OCABLE TRUST AGREEMENT Whereas, Elizabeth Reuter 2018 Revocable Trust Agreement, the owner of the following de- scribed property located at 10495 Key West Drive in Dubuque County, Iowa (the Property) have submitted to the City Council of the city of Dubuque an application for voluntary annexa- tion of the Property to the City of Dubuque: SE '/4 of the NE '/4, Section 11, T.88N, R.2E. of the 5th P.M., and Lot 4 of Key West in Dubuque County, Iowa Whereas, Elizabeth Reuter 2018 Revocable Trust Agreement has entered into a Pre -annex- ation 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 author- izes 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 or- derly 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 an- nexation of the Property is in the public interest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The Pre -annexation Agreement by and between Elizabeth Reuter 2018 Revo- cable Trust Agreement and the City of Dubuque is hereby approved. Passed, approved and adopted this 20th day of December 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 18. Pre -Annexation Agreement - Donald R. and Barbara K. Preston: City Manager recom- mended approval of a Pre -Annexation Agree- ment with Donald R. and Barbara K. Preston, property owners of 9610 Monticello Drive in Dubuque County, in conjunction with their re- quest to connect to City water. Upon motion the documents were received and filed, and Reso- lution No. 434-21 Approving a Pre -Annexation Agreement between the City of Dubuque, Iowa and Donald R and Barbara K Preston was adopted. 510 Regular Session, December 20, 2021 Book 151 RESOLUTION NO. 434-21 APPROVING A PRE -ANNEXATION AGREE- MENT BETWEEN THE CITY OF DUBUQUE, IOWA AND DONALD R AND BARBARA K PRESTON Whereas, Donald R and Barbara K Preston, the owners of the following described property located at 9610 Monticello Drive in Dubuque County, Iowa (the Property) have submitted to the City Council of the city of Dubuque an appli- cation for voluntary annexation of the Property to the City of Dubuque: Lot 7 in "Kerrigan Road Heights" in Ta- ble Mound Township, Dubuque County, Iowa, according to the recorded plat thereof Whereas, Donald R and Barbara K Preston have entered into a Pre -annexation Agreement with the City of Dubuque, a copy of which is at- tached 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 author- izes 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 or- derly 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 an- nexation of the Property is in the public interest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The Pre -annexation Agreement by and between Donald R and Barbara K Pres- ton and the City of Dubuque is hereby ap- proved. Passed, approved and adopted this 20' day of December 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 19. Signed Contract(s): Dubuque Plumbing and Heating for the Westside Water Meter Im- provement Project; Deere and Company for Parking License Agreement. Upon motion the documents were received and filed. 20. Bee Branch Watershed Flood Mitigation Project Newsletter: December 2021 Issue: City Manager provided a copy of the December 2021 issue of the Bee Branch Watershed Flood Mitigation Project Newsletter. Upon motion the documents were received and filed. 21. Tiffany Court - Lead Mine Sinkhole Re - mediation Project: Amendment to Cooperative 28E Agreement with State of Iowa: City Man- ager recommended approval for the Mayor to execute an Amendment to the Cooperative 28E Agreement to revise the agreement end date to June 30, 2022. Upon motion the documents were received and filed, and Resolution No. 435-21 Approving an amendment to the Coop- erative 28E Agreement with the Iowa Depart- ment of Agriculture and Land Stewardship for a project to remediate and mitigate the lead mine sinkhole subsidence at 2784 and 2792 Tiffany Court was adopted. RESOLUTION NO. 435-21 APPROVING AN AMENDMENT TO THE CO- OPERATIVE 28E AGREEMENT WITH THE IOWA DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP FOR A PRO- JECT TO REMEDIATE AND MITIGATE THE LEAD MINE SINKHOLE SUBSIDENCE AT 2784 AND 2792 TIFFANY COURT Whereas, on May 17, 2021, the Mayor and City Council approved and executed a Cooper- ative 28E Agreement (Resolution 175-21) be- tween Iowa Department of Agriculture and Land Stewardship (IDALS) and the City of Dubuque to remediate the lead mine sinkhole subsidence that developed at 2784 and 2792 Tiffany Court; and Whereas, the Cooperative 28E Agreement had an agreement end date of December 31, 2021; and Whereas, IDALS and the City wish to Amend said Agreement to revise the agree- ment end date to June 30, 2022; and Whereas, all other terms and conditions of the Cooperative 28E Agreement remain un- changed. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA, THAT: SECTION 1. That the Amendment to the Cooperative 28E Agreement to remediate and mitigate the lead mine sinkhole subsidence at 2784 and 2792 Tiffany Court is hereby ap- proved. SECTION 2. That the Mayor be authorized and directed to execute said Amendment to the Cooperative 28E Agreement. Passed, approved and adopted this 20th day of December 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 22. Northwest Arterial - State of Good Re- pair Project: Approve Federal -Aid SWAP Fund- ing Agreement - Iowa DOT Agreement No. 6- 21-STBG-SWAP-021: City Manager recom- mended approval and authorization for the Mayor to execute a Federal -Aid SWAP Funding Book 151 Regular Session, December 20, 2021 511 Agreement with the Iowa Department of Trans- portation (Iowa DOT) for the Northwest Arterial - State of Good Repair Project. Upon motion the documents were received and filed, and Reso- lution No. 436-21 Approving a Federal -Aid Swap Funding Agreement (6-21-STBG-SWAP- 021) with the Iowa Department of Transporta- tion for the Northwest Arterial - State of Good Repair Project was adopted. RESOLUTION NO. 436-21 APPROVING A FEDERAL -AID SWAP FUND- ING AGREEMENT (6-21-STBG-SWAP-021) WITH THE IOWA DEPARTMENT OF TRANS- PORTATION FOR THE NORTHWEST ARTE- RIAL - STATE OF GOOD REPAIR PROJECT Whereas, Dubuque County was awarded a BUILD Grant to make capacity and safety im- provements to John Deere Road; and Whereas, the Northwest Arterial - State of Good Repair Project component was added to the BUILD grant project because it is a critical freight route that connects to South John Deere Road; and Whereas, The Northwest Arterial - State of Good Repair Project will also provide the non- federal local match to the Dubuque County BUILD Grant; and Whereas, effective January 29, 2021, the Transfer of Jurisdiction of the Northwest Arterial was completed from the State of Iowa to the City as part of the Southwest Arterial project; and Whereas, as part of the roadway transfer, the Iowa DOT has issued a state of good repair payment to the City to complete pavement re- habilitation and reconstruction of the Northwest Arterial; and Whereas, the City will be utilizing both state of good repair payment funds and STBG Fed- eral -aid Swap funds to complete pavement re- habilitation and reconstruction of the Northwest Arterial from US20 to J.F. Kennedy Road. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA, THAT: Section 1. That said Federal -Aid SWAP Funding Agreement (Agreement No. 6-21- STBG-SWAP-021) with the Iowa Department of Transportation for the Northwest Arterial - State of Good Repair Project is hereby approved. Section 2. That the Mayor be authorized and directed to execute the Federal -Aid SWAP Funding Agreement (Agreement No. 6-21- STBG-SWAP-021) with the Iowa Department of Transportation. Passed, approved and adopted this 20th day of December 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 23. Old Mill Road Lift Station and Force Main Project, Engineering Services: City Man- ager recommended approval to negotiate a contract with Strand Associates with an esti- mated cost between $700,000 and $900,000 for engineering services related to the Old Mill Road Lift Station and Force Main Project. Upon motion the documents were received, filed, and approved. 24. Iowa Department of Transportation HMA Crack Filling Project: Correspondence from Jesse Tibodeau, Assistant District Engi- neer for the Iowa Department of Transportation, notifying the City Council of a HMA Crack Filling project on US 151 from Cascade to US 61. Upon motion the documents were received and filed. 25. Acceptance of Public Parking Lot Im- provements in the City of Dubuque, Iowa: City Manager recommended acceptance of the pub- lic improvements that the developer, 210 Jones, LLC, has recently completed, being a 12-lot surface parking lot with landscaping, irri- gation, and lighting along Jones Street, in the City of Dubuque, Iowa. Upon motion the docu- ments were received and filed, and Resolution No. 437-21 Accepting public parking lot im- provements on Jones Street in the City of Dubu- que, Iowa was adopted. RESOLUTION NO. 437-21 ACCEPTING PUBLIC PARKING LOT IM- PROVEMENTS ON JONES STREET IN THE CITY OF DUBUQUE, IOWA Whereas, pursuant to a Development Agreement dated June 19, 2017, approved by Resolution Number 223-17, a copy of which is attached hereto, certain public improvements including a twelve -lot surface parking lot with landscaping, irrigation, and lighting, were in- stalled by 210 Jones, LLC along Jones Street in Dubuque, Iowa; and Whereas, the improvements have been completed and the City Manager has examined the work and has filed a certificate stating that the same has been completed in accordance with the plans approved by the City Council and in conformance with City specifications and has recommended that the improvements be ac- cepted by the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said public improvements along Jones Street in the City of Dubuque, Iowa, be and the same is hereby ac- cepted. Section 2. That per the Development Agree- ment Section 2.2 (1) (e) the Developer shall maintain all landscaping and irrigation for one 512 Regular Session, December 20, 2021 Book 151 (1) year from the date of this resolution. Passed, approved, and adopted this 20th day of December_2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 26. Wood Street Sanitary / Water Project: City Manager recommended acceptance of the construction contract for the Wood Street Sani- tary / Water Project, as completed by Tem- perley Excavating, in the final contract amount of $72,531.50, which is a 3.6% increase over the original contract amount of $69,984.50 due to additional asphalt pavement required to sta- bilize the street. Upon motion the documents were received and filed, and Resolution No. 438-21 Accepting the Wood Street Sanitary / Water Project and authorizing the payment to the contractor was adopted. RESOLUTION NO. 438-21 ACCEPTING THE WOOD STREET SANI- TARY / WATER PROJECT AND AUTHORIZ- ING THE PAYMENT TO THE CONTRACTOR Whereas, the public improvement contract for the Wood Street Sanitary / Water Project, (the Project) has been completed by the Con- tractor, Temperley Excavating, Inc. of East Dubuque, Illinois (Contractor), the City Engi- neer has examined the work and recommends that the Project be accepted; and Whereas, the final contract amount for the Project is $72,531.50; and Whereas, the Contractor has previously been paid $68,904.92, leaving a balance of $3,626.58; and Whereas, the City Council finds that the rec- ommendation 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 $3,626.58 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 20th day of December 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF WOOD STREET SANI- TARY / WATER PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the Wood Street Sanitary / Water Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total project cost of the completed work is $79,784.60. Dated this 10th day of December 2021. /s/Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the loth day of December_2021. /s/Adrienne N. Breitfelder, City Clerk 27. 2021 Airport Parking Lot Resurfacing Project: City Manager recommended ac- ceptance of the construction contract for the 2021 Airport Parking Lot Resurfacing Project, as completed by River City Paving, in the final contract amount of $117,061.62, which is a 0.6% increase over the original contract amount of $116,316.31 due to additional milling and paving quantities required. Upon motion the documents were received and filed, and Reso- lution No. 439-21 Accepting the 2021 Airport Parking Lot Resurfacing Project and authoriz- ing the final payment to the contractor was adopted. RESOLUTION NO. 439-21 ACCEPTING THE 2021 AIRPORT PARKING LOT RESURFACING PROJECT AND AU- THORIZING THE FINAL PAYMENT TO THE CONTRACTOR Whereas, the public improvement contract for the 2021 Airport Parking Lot Resurfacing Project, (the Project) has been completed by the Contractor, River City Paving (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 $117,061.62; and Whereas, the Contractor has previously been paid $111,208.54, leaving a balance of $5,853.08; and Whereas, the City Council finds that the rec- ommendation 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 Air- port Asphalt Repair appropriations for the con- tract amount of $117,061.62 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 $5,853.08 as provided in Iowa Book 151 Regular Session, December 20, 2021 513 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 20th day of December 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF 2021 AIRPORT PARKING LOT RESURFACING PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the 2021 Airport Parking Lot Resur- facing Project, and that said Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $128,767.79. /s/Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the loth day of December 2021. /s/Adrienne N. Breitfelder, City Clerk 28. Acceptance of Multicultural Family Cen- ter (MFC) Expansion and Renovation Project: City Manager recommended acceptance of the construction contract for the Multicultural Fam- ily Center Expansion and Renovation Project, as completed by Sheets Design Build, LLC, in the final contract amount of $1,280,840.53, which is a 9% increase from the original con- tract amount of $1,177,000.00. Upon motion the documents were received and filed, and Resolution No. 440-21 Accepting the Multicul- tural Family Center Expansion and Renovation Project and authorizing the payment to the con- tractor was adopted. RESOLUTION NO. 440-21 ACCEPTING THE MULTICULTURAL FAMILY CENTER EXPANSION AND RENOVATION PROJECT AND AUTHORIZING THE PAY- MENT TO THE CONTRACTOR Whereas, the public improvement contract for the Multicultural Family Center Expansion and Renovation Project, (the Project) has been completed by the Contractor, Sheets Design Build, LLC of Maquoketa, Iowa (Contractor), the City Engineer has examined the work and rec- ommends that the Project be accepted; and Whereas, the final contract amount for the Project is $1,280,840.53; and Whereas, the Contractor has previously been paid $1,280,840.53, leaving a balance of $0.00; and Whereas, the City Council finds that the rec- ommendation 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 $0.00 as provided in Iowa Code chapter 573, and to pay such retainage in ac- cordance with the provisions of Iowa Code chapter 573 or Iowa Code chapter 26.13. Passed, approved and adopted this 201h day of December 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF MULTICULTURAL FAM- ILY CENTER EXPANSION AND RENOVA- TION PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the Multicultural Family Center Ex- pansion and Renovation Project has been per- formed in compliance with the terms of the Pub- lic Improvement Contract, and that the total pro- ject cost of the completed work is $1,280,840.53. /s/Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the loth day of December 2021. /s/Adrienne N. Breitfelder, City Clerk 29. Civil Service Commission - Certified Lists: Civil Service Commission submitted cer- tified lists for the positions of Firefighter/Para- medic, Medical Officer, Police Captain, and Po- lice Corporal. Upon motion the documents were received. filed and made a Matter of Record. December 7, 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 Fire- fighter/Paramedic was administered on Octo- ber 23,2021. We hereby certify that the individ- uals listed below have passed this written ex- amination and the vacancy for this position should be made from this list and that this list is good for twelve (12) months from the above date. FIREFIGHTER/PARAMEDIC 1. Luke Hartmann, 2. Zachary Colvin, 3. Chris- topher Read, 4. Austin Schmit, 5. Dustin Bar- tels, 6. Jacob Fiedler, 7. Andrew Accacian, 8. Ellen Motsch, 9. Seth Rodriguez Whalen, 10. Michael Behn, 11. Cody Udelhoven, 12. Caitlin Kaiser, 13. Mitchell Berendes Respectfully submitted, /s/Phil Baskerville, Civil Service Commissioner 514 Regular Session, December 20, 2021 Book 151 December 7, 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 Med- ical Officer was administered on November 3, 2021. We hereby certify that the individuals listed below have passed this written examina- tion and the vacancy for this position should be filled from this list and that this list is good for two (2) years from above date. MEDICAL OFFICER I. Andrew Morgan Respectfully submitted, /s/Phil Baskerville, Civil Service Commissioner December 7, 2021 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the Code of Iowa, a promotional examination for the po- sition of Police Captain was administered on November 10, 2021. 1 hereby certify that the in- dividuals listed below have passed the exami- nation process and any vacancy for this posi- tion should be made from this list. This list is good for a period of (2) two years from the above date. POLICE CAPTAIN 1. Brandon Bauer, 2. Luke Bock, 3. Bruce Deutsch, 4. Richard Fullmer, 5. Isaiah Hoff, 6. Jay Morrissette, 7. John Pace, 8. Brad Shan- non, 9. David Welsh Respectfully submitted, /s/Phil Baskerville. Civil Service Commissioner December 7, 2021 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the Code of Iowa, a promotional examination for the po- sition of Police Corporal was administered on November 10, 2021. 1 hereby certify that the in- dividuals listed below have passed the exami- nation process and any vacancy for this posi- tion should be made from this list. This list is good for a period of (2) two years from the above date. POLICE CORPORAL 1. Chad Crabill, 2. Dane Cox, 3. Justin Dura, 4. Kane Hoffmann, 5. Matthew Levin, 6. Gary Pape, 7. Austin Weitz Respectfully submitted, /s/Phil Baskerville, Civil Service Commissioner 30. 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. 441-21 Approving applications for beer, liquor, and/or wine permits, as re- quired 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. 441-21 APPROVING APPLICATIONS FOR BEER, LIQUOR, AND/OR WINE PERMITS, AS RE- QUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LI- CENSE REGULATIONS, CHAPTER 2 LIQ- UOR CONTROL, ARTICLE B LIQUOR, 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, provisionally approved, and/or approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City, and the applicants have filed the proper fees and bonds and otherwise complied with the requirements of the Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Renewals Beecher Liquor, 1691 Asbury Rd. Steve's Ace Home and Garden, 3350 J.F. Ken- nedy Blvd. Holiday Inn Dubuque Five Flags, 450 Main St. The Moracco, 1413 Rockdale Rd. New Application PitStop Carryout, 1735 Central Ave. Section 1. The City Clerk is hereby author- ized and directed to cause to be issued the noted permit types to the following applicants pending submission of the locally required doc- umentation: Passed, approved, and adopted this 20th day of December 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk ITEMS SET FOR PUBLIC HEARING Motion by Jones to receive and file the doc- uments, adopt the resolutions, and set the pub- lic hearings as indicated. Seconded by Sprank. Motion carried 7-0. 1. Recommendation to Set for Public Hear- ing an Amended Lease with the Dubuque Rac- ing Association: City Manager and City Attorney recommended that an amended lease with the Dubuque Racing Association be placed on the January 3, 2022, City Council Agenda for a pub- lic hearing. Upon motion the documents were received and filed, and Resolution No. 442-21 Intent to dispose of an interest in real property Book 151 Regular Session, December 20, 2021 515 owned by the City of Dubuque by lease be- tween the City of Dubuque, Iowa and Dubuque Racing Association, Ltd was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on January 3, 2022, in the Historic Federal Building. RESOLUTION NO. 442-21 INTENT TO DISPOSE OF AN INTEREST IN REAL PROPERTY OWNED BY THE CITY OF DUBUQUE BY LEASE BETWEEN THE CITY OF DUBUQUE, IOWA AND DUBUQUE RAC- ING ASSOCIATION, LTD Whereas, the City of Dubuque, Iowa (City) is the owner of the real property legally de- scribed on Exhibit A and B attached hereto; and Whereas, City and Dubuque Racing Asso- ciation, Ltd. have tentatively agreed to the Sec- ond Amended and Restated Lease Agreement, a copy of which is now on file at the Office of the City Clerk, City Hall, 50 W. 13th St., Dubu- que, IA 52001, for a lease of the real property which among other things, provides for a term through December 31, 2036; and Whereas, the City Council believes it is in the best interest of the City of Dubuque to ap- prove the Second Amended and Restated Lease Agreement. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The City of Dubuque intends to dispose of its interest in the foregoing -de- scribed real property by the Second Amended and Restated Lease Agreement between City and Dubuque Racing Association. Section 2. The City Clerk is hereby author- ized 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 -de- scribed real property by lease, to be held on the 3rd day of January 2022, at 6:30 o'clock p.m. at the Historic Federal Building, Council Cham- bers, 350 W. 611 Street, Dubuque, Iowa. Passed, approved and adopted this 20th day of December 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk BOARDS/COMMISSIONS 1. Boards and Commission Appointments: Appointments were made to the following boards/commissions. i. Civic Center Advisory Commission: One, 3-Year term through June 29, 2022 (Vacant term of Huff). Applicants: Brenda Christner, 655 Florence St.; Peter Gael, 2021 Ellen St. (Additional Applicant). Upon roll call vote, Ms. Christner was appointed to the three-year term through June 29, 2022. Mr. Gael received 1 vote (Farber), and Ms. Christner received the remaining 6 votes. ii. Historic Preservation Commission: One, 3-Year term through July 1, 2022 (Interim Jack- son Park term of Reber) Applicant: Janice Es- ser, 1072 Locust St. — Qualifies for Jackson Park District. This commission is subject to the State of Iowa Gender Balance Law. 9 Commis- sioners total; currently 5 males/2 females/2 opening. Motion by Jones to appoint Ms. Esser to the three-year term through July 1, 2022. Se- conded by Cavanagh. Motion carried 7-0. iii. Investment Oversight Advisory Commis- sion: One, 3-Year term through July 1, 2022 (Vacant term of Reisdorf). Applicant: Joshua Merritt, 2454 Pennsylvania Ave. Motion by Roussell to appoint Mr. Merritt to the three-year term through July 1, 2022. Seconded by Sprank. Motion carried 7-0. PUBLIC HEARINGS 1. Request to rezone 701 Bluff Street: Proof of publication on notice of public hearing to con- sider City Council approval of a request from Ken Lin, K&L Leasing LLC, to rezone property located at 701 Bluff Street from C-4 Downtown Commercial to OR Office Residential to accom- modate a residential use on the first floor, and Zoning Advisory Commission recommended approval. 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 sus- pended. Seconded by Cavanagh. Planning Services Manager Wally Wernimont provided a staff report. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 45-21 Amending Ti- tle 16 of the City of Dubuque Code of Ordi- nances, Unified Development Code, by reclas- sifying hereinafter described property located at 701 Bluff Street from C-4 Downtown Commer- cial District to OR Office Residential District. Se- conded by Cavanagh. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 45-21 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI- FIED DEVELOPMENT CODE, BY RECLASSI- FYING HEREINAFTER DESCRIBED PROP- ERTY LOCATED AT 701 BLUFF STREET FROM C-4 DOWNTOWN COMMERCIAL DIS- TRICT TO OR OFFICE RESIDENTIAL DIS- TRICT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: 516 Regular Session, December 20, 2021 Book 151 Section 1. That Title 16 of the City of Dubu- que Code of Ordinances, Unified Development Code, is hereby amended by reclassifying the hereinafter —described property from C-4 Down- town Commercial District to OR Office Residen- tial District, to wit: Lot 1 of 2 of 2 City Lot 653 and Lot 1 of 3 City Lot 653A, and to the centerline of the adjoining public right-of-way, all in the city of Dubuque, Iowa. Section 2. That the foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This Ordinance shall take effect immediately upon publication as provided by law. Passed, approved, and adopted this 20th day of December, 2021. /s/Roy D. Buol, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 24th day of December, 2021. /s/Adrienne N. Breitfelder, City Clerk 2. Public Hearing for Community Develop- ment Block Grant FY2022 Annual Action Plan Amendment #2: Proof of publication on notice of public hearing to consider City Council ap- proval of the Community Development Block Grant FY2022 Annual Action Plan Amendment #2, and City Manager recommended approval. Motion by Jones to receive and file the docu- ments and adopt Resolution No. 443-21 Adopt- ing the Fiscal Year 2022 (Program Year 2021) Community Development Block Grant (CDBG) Annual Action Plan Amendment #2. Seconded by Resnick. Motion carried 7-0. RESOLUTION NO. 443-21 ADOPTING THE FISCAL YEAR 2022 (PRO- GRAM YEAR 2021) COMMUNITY DEVELOP- MENT BLOCK GRANT (CDBG) ANNUAL AC- TION PLAN AMENDMENT #2 Whereas, the City of Dubuque, through a series of public meetings and hearings, pro- posed a Fiscal Year 2022 (Program Year 2021) Community Development Block Grant Annual Action Plan for inclusion in the City Budget ad- dressing housing and non -housing needs in the community; and Whereas, the Community Development Ad- visory Commission approved the second amendment to the Fiscal Year 2022 (Program Year 2021) Community Development Block Grant Annual Action Plan; and Whereas, all services provided will be to a minimum of 51 % low/moderate income resi- dents. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Community Develop- ment Block Grant Fiscal Year 2022 (Program Year 2021) Annual Action Plan Amendment #2, attached hereto and by this reference made a part hereof, is hereby approved. Section 2. The City Manager is hereby au- thorized to directed staff to prepare and submit to the United States Department of Housing and Urban Development the Fiscal Year 2022 (Program Year 2021) Annual Action Plan Amendment #2 with all related documents, for the use of Community Development Block Grant funds based on this adopted budget and execute standard contracts and agreements. Passed, approved, and adopted this 20th day of December 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 3. Vacate Portion of Tanzanite Drive/Right of Way Easement - Althaus Agreement to Va- cate Easement: Proof of publication on notice of public hearing to consider City Council ap- proval of the request to vacate a 48,391 square foot permanent right of way easement that is part of Tanzanite Drive across Lot 2 of Alt's Subdivision, Plat 2, in Dubuque County, Iowa, and City Manager recommended approval. Mo- tion by Jones to receive and file the documents and adopt Resolution No. 444-21 Vacating a permanent right of way easement, being part of Tanzanite Drive, over and across Lot 2 of Alt's Subdivision, Plat 2, in Dubuque County, Iowa; and Resolution No. 445-21 Disposing of city in- terest in a permanent right of way easement, being part of Tanzanite Drive, over and across Lot 2 of Alt's Subdivision, Plat 2, in Dubuque County, Iowa. Seconded by Sprank. Brian Kane, 2100 Asbury Road, provided input on be- half of Harry and Mary Althaus. Mr. Kane spoke in support of the resolutions. Motion carried 7- 0. RESOLUTION NO. 444-21 VACATING A PERMANENT RIGHT OF WAY EASEMENT, BEING PART OF TANZANITE DRIVE, OVER AND ACROSS LOT 2 OF ALT'S SUBDIVISION, PLAT 2, IN DUBUQUE COUNTY, IOWA Whereas, Harry J. and Mary E. Althaus (Al- thaus) are the current owners of Lot 2 of Alt's Subdivision, Plat 2, in Dubuque County, Iowa; and Whereas, the City holds a 48,391 square foot permanent right of way easement that is part of Tanzanite Drive across Lot 2 of Alt's Subdivision, Plat 2, in Dubuque County, Iowa, as shown on the Acquisition Plat recorded as Instrument Number 12718-01 in the Dubuque County Recorder's Office; and Whereas, the City and Althaus have en- tered into an agreement to vacate said 48,391 square foot permanent right of way easement Book 151 Regular Session, December 20, 2021 517 that is part of Tanzanite Drive across Lot 2 of Alt's Subdivision, Plat 2, in Dubuque County, Iowa as shown on the attached Exhibit A; and Whereas, Althaus has requested the vaca- tion of the aforementioned right of way ease- ment and the release of the property to Althaus per said agreement; and Whereas, pursuant to resolution and pub- lished notice of time and place of hearing, pub- lished in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on the loth day of December 2021, the City Council of the City of Dubuque, Iowa met by public and/or virtual means on the 20th day of December 2021, at 6:30 p.m. in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Dubuque County, Iowa to consider the request to vacate; and Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objec- tions, oral or written to the request to vacate; and Whereas, the City Council of the City of Dubuque, Iowa, has determined that the pro- posed vacation of the aforementioned right of way easement, in the City of Dubuque, Iowa, Iowa should be approved. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the aforementioned right of way easement, in the City of Dubuque, Iowa, and as shown on the Attached Exhibit A, be and the same is hereby vacated. Passed, approved, and adopted this 20th day of December 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk RESOLUTION NO. 445-21 DISPOSING OF CITY INTEREST IN A PER- MANENT RIGHT OF WAY EASEMENT, BE- ING PART OF TANZANITE DRIVE, OVER AND ACROSS LOT 2 OF ALT'S SUBDIVI- SION, PLAT 2, IN DUBUQUE COUNTY, IOWA Whereas, Harry J. and Mary E. Althaus (Al- thaus) are the current owners of Lot 2 of Alt's Subdivision, Plat 2, in Dubuque County, Iowa; and Whereas, the City holds a 48,391 square foot permanent right of way easement that is part of Tanzanite Drive across Lot 2 of Alt's Subdivision, Plat 2, in Dubuque County, Iowa, as shown on the Acquisition Plat recorded as Instrument Number 12718-01 in the Dubuque County Recorder's Office; and Whereas, the City and Althaus have en- tered into an agreement to vacate said 48,391 square foot permanent right of way easement that is part of Tanzanite Drive across Lot 2 of Alt's Subdivision, Plat 2, in Dubuque County, Iowa as shown on the attached Exhibit A; and Whereas, pursuant to resolution and pub- lished notice of time and place of hearing, pub- lished in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on the loth day of December, 2021, the City Council of the City of Dubuque, Iowa met by public and/or virtual means on the 20th day of December, 2021, at 6:30 p.m. in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Dubuque County, Iowa, to consider the dis- posal of City interest in a 48,391 square foot permanent right of way easement that is part of Tanzanite Drive across Lot 2 of Alt's Subdivi- sion, Plat 2, in Dubuque County, Iowa, as shown on the Acquisition Plat recorded as In- strument Number 12718-01 in the Dubuque County Recorder's Office as shown on the at- tached exhibit labelled "Exhibit A Release of Public Right of Way Easement"; and Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objec- tions, oral or written to the proposal to dispose of City interest in said right of way easement. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the release of City of Dubu- que interest in the aforementioned right of way easement in the City of Dubuque, Iowa, to Al- thaus is hereby approved. Section 2. That the Mayor be authorized and directed to execute the attached Release of Easement, and the City Clerk be and is hereby authorized and directed to deliver said Release to Althaus. Section 3. That the City Clerk be and is hereby authorized and directed to record a cer- tified copy of this resolution and Release of Easement in the offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved, and adopted this 20th day of December 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk PUBLIC INPUT Tom Loguidice, 786 Stone Ridge PI., pro- vided virtual input via chat in support of Action Item No. 4. ACTION ITEMS 1. Smart Parking and Mobility Management Plan Development and Implementation Project: Request to Distribute RFP and Create an RFQ Review Committee: City Manager requested City Council approval to distribute a Request for Proposals (RFP) for engineering services re- lated to managing the Smart Parking and Mo- 518 Regular Session, December 20, 2021 Book 151 bility Management Plan Development and Im- plementation Project. Motion by Cavanagh to receive and file the documents and approve the request. Seconded by Jones. Project Manager Steve Sampson Brown responded to questions from the City Council regarding previous infor- mation gathered for the project and the pro- posed timeline. Transportation Services Direc- tor Ryan Knuckey responded to questions about the current technology in parking ramps and how the hybrid workforce will factor into project development. City Manager Van Milli- gen responded to questions about how the city's development agreement with Cottingham and Butler and HTLF impact future parking needs and the funding source of the project. Motion carried 7-0. 2. East-West Corridor Capacity Improve- ments: Approve Professional Consultant Ser- vices Contract - Preliminary Engineering De- sign and Environmental Clearance Phase: City Manager recommended approval of the Profes- sional Consultant Services Contract with HDR, Inc. to complete the Preliminary Engineering Design and Environmental Clearance Phase to advance the development of the East-West Corridor Capacity Improvements along Univer- sity Avenue at the intersections at Loras Boulevard, Asbury Road and Pennsylvania Avenue. Motion by Farber to receive and file the documents and adopt Resolution No. 446-21 Approving Professional Services Consultant Contract with HDR, Inc. to complete the prelim- inary engineering design and environmental clearance phase to advance the development of East-West Corridor Capacity Improvements. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 446-21 APPROVING PROFESSIONAL SERVICES CONSULTANT CONTRACT WITH HDR, INC. TO COMPLETE THE PRELIMINARY ENGI- NEERING DESIGN AND ENVIRONMENTAL CLEARANCE PHASE TO ADVANCE THE DEVELOPMENT OF EAST -WEST CORRI- DOR CAPACITY IMPROVEMENTS Whereas, the City Council listed the East - West Corridor Capacity Improvement Imple- mentation as a "Top -Priority" in its 2017-2019 Goals and Priorities; and Whereas, the City Council has directed City staff to begin implementation plans for the rec- ommendations contained in the East-West Cor- ridor Connectivity Report; and Whereas, in accordance with the Iowa De- partment of Transportation consultant selection process, the City solicitated competitive pro- posals from qualified consulting engineering firms to determine interest and capabilities to perform preliminary engineering design and en- vironmental clearance phase; and Whereas, the Mayor and City Council con- curred with the Consultant Selection Commit- tee's recommendation in the selection of HDR, Inc. of Omaha, Nebraska, as the first -ranked Consultant and authorized the City Engineer to initiate contract negotiations for Professional Consultant Services to complete the prelimi- nary engineering design and environmental clearance phase; and Whereas, the City in collaboration with HDR, Inc., developed a consultant scope of work and a negotiated fee for services in the amount of $ 1,042,055 for Professional Con- sultant Services to complete the preliminary en- gineering design and environmental clearance phase. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA, THAT: Section 1. That said Professional Services Consultant Contract with HDR, Inc. to complete preliminary engineering design and the environ- mental clearance phase for East-West Corridor Capacity Improvements is hereby approved. Section 2. The City Manager is authorized and directed to execute the Professional Ser- vices Consultant Contract with HDR, Inc. Passed, approved and adopted this 20'h day of December 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 3. Fiber to the Home/Business Aesthetic Guidelines: City Manager recommended City Council approval of Fiber to the Home/Business Aesthetic Guidelines. Motion by Cavanagh to receive and file the documents and that the re- quirement that a proposed ordinance be con- sidered and voted on for passage at two Coun- cil meetings prior to the meeting at which it is to be passed be suspended. Seconded by Jones. City Council commended city staff creating the guidelines. Motion carried 7-0. Motion by Cavanagh for final consideration and passage of Ordinance No. 46-21 Requiring the City Manager to develop, with the approval of the City Council, written guidelines to estab- lish general procedures and standards, con- sistent with all applicable federal and state laws, for the siting, construction, installation, collocation and aesthetics of Fiber to the Home/Business within the city's right-of-way and on city property. Seconded by Jones. Mo- tion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 46-21 REQUIRING THE CITY MANAGER TO DE- VELOP, WITH THE APPROVAL OF THE CITY COUNCIL, WRITTEN GUIDELINES TO ES- TABLISH GENERAL PROCEDURES AND STANDARDS, CONSISTENT WITH ALL AP- PLICABLE FEDERAL AND STATE LAWS, Book 151 Regular Session, December 20, 2021 519 FOR THE SITING, CONSTRUCTION, IN- STALLATION, COLLOCATION AND AES- THETICS OF FIBER TO THE HOME/BUSI- NESS WITHIN THE CITY'S RIGHT-OF-WAY AND ON CITY PROPERTY Section 1. City of Dubuque Code of Ordi- nances Title 11 Rights -Of -Way is amended by adding the following new Chapter 8: Chapter 8 FIBER TO THE HOME/BUSINESS AESTHET- ICS GUIDELINES 11-8-1: FIBER TO THE HOME/BUSINESS AESTHETICS GUIDELINES ESTABLISHED: The city manager shall develop, with the approval of the City Council, written guidelines to establish general proce- dures and standards, consistent with all applicable federal and state laws, for the siting, construction, installation, colloca- tion, and aesthetics of fiber to the home and business within the city's right of way and on city property. Section 2. This Ordinance shall take effect upon publication. The above ordinance was introduced, ap- proved, and ordered placed on file with the City Clerk this 20th day of December 2021. /s/Roy D. Buol, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 24th day of December, 2021. /s/Adrienne N. Breitfelder, City Clerk 4. Proposed Ordinance Amendment for Va- cant/Abandoned Buildings: City Manager rec- ommended the City Council adopt proposed Ordinance amendments for vacant/abandoned buildings to make processes and procedures more efficient and user friendly. 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. City Council commended city staff for the amendment. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 47-21 Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 4 Li- censing of Vacant and/or Abandoned Buildings. Seconded by Resnick. Motion car- ried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 47-21 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND DE- VELOPMENT, CHAPTER 4 LICENSING OF VACANT AND/OR ABANDONED BUILDINGS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. Title 14, Chapter 4 of the City of Dubuque Code of Ordinances is amended to read as follows: 14-4-1: DEFINITIONS: For the purpose of this chapter, certain terms, phrases, words and their derivatives shall be con- strued as specified in either this chapter or as specified in the Building Code or the Property Maintenance Code. Where terms are not defined, they shall have their ordinary accepted meanings within the context in which they are used. Unless otherwise expressly stated or unless the context clearly indicates a different intent, the following terms shall, for the purpose of this chapter, have the following mean- ings: ABANDONED BUILDING: Any build- ing or portion thereof which has stood with an incomplete exterior shell for six (6) months or longer which meets one or more of the fol- lowing criteria: A. Is unsecured; B. Is unoccupied; or C. Is in violation of the Interna- tional Property Maintenance Code, International Building Code, International Residential Code, or International Fire Code adopted by the City of Dubuque. BUILDING CODE: The Building Codes promulgated by the Interna- tional Code Council and their locally adopted amendments, as adopted in section 14-1 of this title. CITY MANAGER: Includes the City Manager's designee. DANGEROUS BUILDING: Any build- ing or structure which has any or all of the conditions or defects hereinaf- ter described; provided, that such conditions or defects exist to the ex- tent that the life, health, property or safety of the public or the occupants of the building are endangered: A. Whenever any door, aisle, pas- sageway, stairway or other means of exit is not of sufficient width or size or is not so ar- ranged as to provide safe and adequate means of exit in case of fire or panic. B. Whenever the walking surface of any aisle, passageway, stair- way or other means of exit is warped, worn, loose, torn or oth- erwise unsafe as to not provide safe and adequate means of exit in case of fire or panic. C. Whenever the stress in any ma- terials, member or portion thereof, due to all dead and live 520 Regular Session, December 20, 2021 Book 151 loads, is more than one and one- half (11/2) times the working stress or stresses allowed in the Building Code for new buildings of similar structure, purpose or location. D. Whenever any portion thereof has been damaged by fire, earth- quake, wind, flood or by any other cause, to such an extent that the structural strength or sta- bility thereof is materially less than it was before such catastro- phe and is less than the mini- mum requirements of the Build- ing Code for new buildings of similar structure, purpose or lo- cation. E. Whenever any portion or mem- ber or appurtenance thereof is found by the code official to be likely to fail, or to become de- tached or dislodged, or to col- lapse and thereby injure persons or damage property. F. Whenever any portion of a building, or any member, appur- tenance or ornamentation on the exterior thereof is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting a wind pressure of one- half (1/2) of that specified in the Building Code for new buildings of similar structure, purpose or location without exceeding the working stresses permitted in the Building Code for such buildings. G. Whenever any portion thereof has wracked, warped, buckled or settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquakes than is required in the case of similar new construction. H. Whenever the building or struc- ture, or any portion thereof, is found by the code official to be likely to partially or completely collapse because of: 1. Dilapidation, deterioration or decay; 2. Faulty construction; 3. The removal, movement or instability of any portion of the ground necessary for the purpose of supporting such building; 4. The deterioration, decay or inadequacy of its foundation; or 5. Any other cause. I. Whenever, for any reason, the building or structure, or any por- tion thereof, is manifestly unsafe for the purpose for which it is be- ing used. J. Whenever the exterior walls or other vertical structural members list, lean or buckle to such an ex- tent that a plumb line passing through the center of gravity does not fall inside the middle one-third (1/3) of the base. K. Whenever the building or struc- ture, exclusive of the foundation, shows thirty-three percent (33%) or more damage or deterioration of its supporting member or members, or fifty percent (50%) damage or deterioration of its non -supporting members, en - closings or outside walls or cov- erings. L. Whenever the building or struc- ture has been so damaged by fire, wind, earthquake or flood, or has become so dilapidated or deteriorated as to become: 1) an attractive nuisance to children; 2) a harbor for vagrants or crimi- nals; or as to 3) enable persons to resort thereto for the purpose of committing unlawful acts. M. Whenever any building or struc- ture has been constructed, exists or is maintained in violation of any specific requirement or pro- hibition applicable to such build- ing or structure provided by the building regulations of this City, as specified in the Building Code or Property Maintenance Code, or of any law or ordinance of this State or City relating to the con- dition, location or structure of buildings. N. Whenever any building or struc- ture which, whether or not erected in accordance with all applicable laws and ordinances, has in any non -supporting part, member or portion less than fifty percent (50%), or in any support- ing part, member or portion less than sixty six percent (66%) of the: 1) strength; 2) fire resisting qualities or characteristics; or 3) weather resisting qualities or characteristics required by law in the case of a newly constructed building of like area, height and occupancy in the same location. Book 151 Regular Session, December 20, 2021 521 O. Whenever a building or struc- ture, used or intended to be used for dwelling purposes, because of inadequate maintenance, di- lapidation, decay, damage, faulty construction or arrange- ment, inadequate light, air or sanitation facilities, or otherwise, is determined by the Health Of- ficer to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease. P. Whenever any building or struc- ture, because of obsolescence, dilapidated condition, deteriora- tion, damage, inadequate exits, lack of sufficient fire resistive construction, faulty electric wir- ing, gas connections or heating apparatus, or other cause, is de- termined by the Fire Marshal to be a fire hazard. Q. Whenever any building or struc- ture is in such condition as to constitute a public nuisance known to the common law or in equity jurisprudence. R. Whenever any portion of a building or structure remains on a site after the demolition or de- struction of the building or struc- ture or whenever any building or structure is abandoned for a pe- riod in excess of six (6) months so as to constitute such building or portion thereof an attractive nuisance or hazard to the public. FIRE CODE: International Fire Code, as adopted by chapter 1, article E of this title. NUISANCE: Each of the following shall be defined as a "nuisance": A. Any public nuisance known at common law or in equityjurispru- dence. B. Any attractive nuisance which may prove detrimental to per- sons whether in a building, on the premises of a building, or upon an unoccupied lot. C. Whatever is dangerous to hu- man life or is a menace to the public health, welfare or safety as determined by the City Man- ager. D. A building that is structurally un- safe, unsanitary or not provided with adequate safe egress, or that constitutes a fire hazard, or otherwise constitutes a hazard by reason of inadequate mainte- nance, dilapidation or obsoles- cence or abandonment. E. Uncleanliness to the risk of un- healthiness, as determined by the City Manager. F. Whatever renders air, food or drink unwholesome or detri- mental to the health of human beings, as determined by the City Manager. PROPERTY MAINTENANCE CODE: The City of Dubuque Property Maintenance Code, as adopted in chapter 1, article J of this title. RESIDENTIAL CODE: International Residential Code, as adopted by chapter 1, article B of this title. UNOCCUPIED: Not engaged in any principal permitted uses or approved conditional uses designated for the zoning district in which a building is located. VACANT BUILDING: Any building or portion thereof which has been un- occupied for a continuous period of time over twelve (12) months and which meets one or more of the fol- lowing criteria: A. Unsecured; B. Secured by means other than those used in the design of the building; C. Declared a "dangerous build- ing" as defined in this section; D. Unfit for occupancy as deter- mined by the City Manager; E. Noncompliant with the Interna- tional Property Maintenance Code; F. Has Housing, Building, Fire, Health or Zoning Code viola- tions; G. Open to vagrants, vandals, chil- dren or the unwary; or H. Not consuming or using one or more utilities provided by any one or more of the public utilities. 1. For purposes of this chapter, public utilities are defined as water, natural gas, and elec- tricity. 2. The minimum fee billed for properties having a water meter, stop box, or service line but not actually using wa- ter does not constitute water consumption for purposes of this chapter. a. Minimum water usage, not conducive to the pri- mary or conditional uses of the building or portion 522 Regular Session, December 20, 2021 Book 151 thereof, does not consti- tute water consumption for purposes of this chap- ter. Stormwater does not consti- tute a public utility for pur- poses of this chapter. 14-4-3: REGISTRATION: A. Registration Required: The owner shall register a vacant or abandoned building with the City Manager not later than thirty (30) calendar days after any build- ing in the City becomes abandoned or vacant as defined in this chapter. Failure to register an abandoned or vacant building or providing false information to the City Manager shall be a violation of this chapter. B. Information: The registration shall in- clude the following information: 1. A description of the premises; 2. The names and addresses of the owner or owners; 3. The names and addresses of all known lien holders and all other par- ties with an ownership interest in the building; 4. The name of the agent designated to act on the behalf of an out of town property owner to accept legal pro- cesses and notices, and to authorize repairs as required; 5. The period of time the building is ex- pected to remain vacant; and 6. A plan and proposed timeline for restoration to a code compliant and occupied status or for the demoli- tion/sale of the building(s). 14-4-5: TERMS OF LICENSES: A. License Term: Every license issued un- der this chapter shall expire twelve (12) months after issuance. B. Application For Renewal: Upon appli- cation, a license may be renewed and remain effective for successive periods of one year unless sooner revoked at any time by the City Manager for non- compliance with any applicable provi- sions of this Code. C. Transfer: Licenses may be transferred from one person or business to another, provided notice of the transfer is given in writing within five (5) working days of the transfer, to the City Manager. D. Nontransferable From Building To Building: Licenses shall not be transfer- able from one building to another. E. Notify City Of Transfer Or Disposal: Every person or business holding a li- cense shall give notice in writing to the City Manager within five (5) working days after having transferred or other- wise disposed of the legal control of the licensed building. Such notice shall in- clude the name and address of the per- sons or businesses succeeding to the ownership or control of such licensed building. 14-4-6: INSPECTIONS: The owner shall allow inspection of the building by City representatives upon request and shall allow quarterly inspections of the exte- rior and annual inspection of the interior of the premises for the purpose of en- forcing and assuring compliance with the provisions of this chapter and the Property Maintenance, Building, Fire Codes, or other applicable codes and ordinances. 14-4-7: RENEWAL LICENSES: The City Manager is hereby authorized to issue and renew vacant or abandoned build- ing licenses for specific buildings, in the names of the applicant owners, opera- tors or managers, provided the following criteria are met: A. Building In Compliance With Regula- tions: The building for which the license is sought is warranted by the owner or operator to substantially comply with ap- plicable provisions of this Code. B. Application By Owner: The owner or operator legally authorized and respon- sible for maintenance of the building for which a vacant or abandoned building li- cense is sought shall first make applica- tion therefor on an application provided by the City Manager. C. Payment Of Fees: All fees required by this Code pursuant to the issuance of a vacant or abandoned building license are paid in full to the City. D. Agent Of Owner/Operator: The appli- cant shall designate a local responsible agent to represent the owner/operator whenever the said applicant is not avail- able for maintenance of the building for which a license is sought. Said agent shall have full authority and responsibil- ity, the same as the owner/operator, for maintaining the building. 14-4-8: RENEWAL, PENALTY FOR FAIL- URE TO RENEW LICENSE: An applica- tion for renewal of a vacant or aban- doned building license may be made within sixty (60) days prior to the expira- tion of an existing operating license.. Each day that the owner fails to renew an expired license as required by this chapter shall constitute a separate vio- lation for which a Municipal infraction ci- tation may be issued. 14-4-9: REVOCATION, REINSTATE- MENT MEASURES: Book 151 Regular Session, December 20, 2021 523 A. Notice To Licensee: The Code Offi- cial shall cause to be issued to the li- censee a notice that the license is re- voked, setting forth the reason(s) therefor. The notice shall be sent by certified United States mail to the li- censee at the address on file with the Inspection and Construction Services Division. B. Appeal: The licensee may appeal the decision of the City Manager to the Housing Appeals and Mediation Board. An appeal must be filed, in writ- ing, within twenty (20) days from the date of the notice of suspension or revocation. 14-4-10: RELATIONSHIP OF LICENSE TO OTHER CODES: The issuance of any license for any vacant or abandoned building shall not in any way signify or imply that the building conforms with the Iowa State Building Code or the hous- ing, building, zoning, fire ordinances or other codes and ordinances adopted by the City. The issuance of a license shall not relieve the owner or operator of the responsibility for compliance with said applicable Property Maintenance , Building, Zoning, Fire or other applica- ble codes and ordinances. Section 2. This ordinance shall take effect upon publication. Passed, approved, and adopted this 20th day of December, 2021. /s/Roy D. Buol, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 24th day of December, 2021. /s/Adrienne N. Breitfelder, City Clerk 5. Adoption of the 2020 National Electric Code: City Manager recommended City Coun- cil approval of an ordinance adopting the 2020 National Electric Code with local amendments. Motion by Cavanagh to receive and file the doc- uments and that the requirement that a pro- posed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be sus- pended. Seconded by Sprank. Assistant Hous- ing and Community Development Director Mi- chael Belmont responded to questions from the City Council regarding authority of electrical li- censing and the codes adopted by the city. Mo- tion carried 7-0. Motion by Cavanagh for final consideration and passage of Ordinance No. 48-21 Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Building Codes, Article D Electrical Code. Seconded by Sprank. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 48-21 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND DE- VELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE D ELECTRICAL CODE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. Title 14, Chapter 1, Article D of the City of Dubuque Code of Ordinances is amended to read as follows: 14-1 D-1: NATIONAL ELECTRICAL CODE ADOPTED: Except as hereinaf- ter added to, deleted, modified or amended, there is hereby adopted by reference as the Electrical Code of the City that certain Electrical Code known as the National Electrical Code, 2020 edition, as prepared and edited by the National Fire Protection Agency, Quincy, Massachusetts, and the provi- sions of such Electrical Code shall be controlling in the supply of electricity and in the installation, maintenance and use of all electrical conductors and equip- ment and installation of optical fiber ca- ble within the corporate limits of the City, and shall be known as the Dubuque Electrical Code. A copy of the National Electrical Code, 2020 edition, as adopted, shall be on file in the Office of the City Clerk for public inspection. 14-1 D-2: NATIONAL ELECTRICAL CODE AMENDMENTS: The National Electrical Code adopted by section 14- 1 D-1 of this article is hereby amended as follows: Article 80. 80-2. Application To Existing Electri- cal Systems And Equipment. (a) Additions, Alterations, Or Re- pairs. Additions, alterations, or repairs may be made to any electrical system and equipment without requiring the existing electrical system and equipment to comply with all the require- ments of this code, provided the addition, alteration, or repair con- forms to that required for a new electrical system and equipment and provided further that no haz- ard to life, health, or safety will be created by such additions, alter- ations, or repairs. Minor additions, alterations, and repairs to existing electrical sys- tems and equipment may be made in accordance with the law in effect at the time the original 524 Regular Session, December 20, 2021 Book 151 installation was made, when ap- proved by the code official. (b) Existing Installations. Electrical systems and equipment lawfully in existence at the time of the adoption of this code may have their use, maintenance, or repair continued if the use, mainte- nance, or repair is in accordance with the original design and no hazard to life, health, or property has been created by such elec- trical system and equipment. (c) Changes In Building Occu- pancy. Electrical systems and equipment which are a part of any building or structure under- going a change in use or occu- pancy, as defined in the Dubu- que building code, shall comply with the requirements of this code which are applicable to the new use or occupancy. (d) Maintenance. All electrical sys- tems and equipment, both exist- ing and new, and all parts thereof shall be maintained in a proper operating condition in accord- ance with the original design and in a safe and hazard -free condi- tion. Any devices or safeguards which are required by this code shall be maintained in conform- ance with this code. The owner or designated agent shall be re- sponsible for the maintenance of the electrical system. To deter- mine compliance with this sub- section, the code official may cause any electrical system to be re -inspected. (e) Moved Building. Electrical sys- tems and equipment which are a part of buildings or structures moved into or within this jurisdic- tion shall comply with the provi- sions of this code for new instal- lations. 80-3. Definitions, General. For the pur- pose of these provisions, certain terms, phrases, words, and their de- rivatives shall be construed as spec- ified in this section. Where terms are not defined, they shall have their or- dinarily accepted meanings within the context with which they are used. Webster's third new international dictionary of the English language, unabridged, copyright 1981, shall be considered as providing ordinarily accepted meanings. Words used in the singular include the plural and the plural the singular. Words used in masculine gender include the fem- inine and the feminine the mascu- line. Approved agency. An established and recognized agency regularly en- gaged in conducting tests or furnish- ing inspection services, when such agency has been approved by the code official. Approved, as to materials, equipment, and method of construction. Ap- proval by the code official as the re- sult of investigation and tests con- ducted or by reasons of accepted principles or tests by recognized au- thorities, technical, or scientific or- ganizations. Building code. The international build- ing code promulgated by the Interna- tional Code Council, Inc., as adopted by this jurisdiction. Chief electrical inspector. The person providing expertise for the code offi- cial in the area of electrical regula- tions. Code enforcement agency. The de- partment, division, or agency of this jurisdiction charged with the function of code enforcement and shall be under the administration and opera- tional control of the code official. Code official. The officer charged with the administration and enforcement of this code, or duly authorized rep- resentatives, and is the authority having jurisdiction for this code. Commercial installation. An installa- tion intended for commerce, but does not include a residential instal- lation. Dubuque board. The city of Dubuque Building Code Advisory and Appeal board. Electrical code. The national electrical code promulgated by the National Fire Protection Association, as adopted by this jurisdiction. Electrical equipment. All electrical ma- terials, wiring, conductors, fittings, devices, appliances, fixtures, signs, and apparatus or parts thereof. Electrical work. All installations, alter- ations, repairs, removals, renewals, replacements, connections, discon- nections, and maintenance of all electrical equipment except as oth- erwise noted. Firewall. The same as an area sepa- ration wall as used in the building code. In-house electricians. Not for hire by the general public. Book 151 Regular Session, December 20, 2021 525 (i) In-house electricians are re- quired to carry an Iowa Mas- ter's level license in order to obtain a permit. (ii) In-house electricians can only work on the premises for which the licensee is directly employed and any other per- sons doing electrical work under the supervision of the in-house electricians must also be registered with the state of Iowa as an appren- tice, journeyman, or Master A or B electrician. Industrial installation. An installation intended for use in the manufacture or processing of products involving systematic labor or habitual employ- ment and includes installations in which agricultural or other products are habitually or customarily pro- cessed or stored for others, either by buying or reselling on a fee basis. Inspector. A person certified as an electrical inspector upon such rea- sonable conditions as may be adopted by the board. Listed and listing. Equipment and ma- terials which are shown in a list pub- lished by an approved testing agency, qualified and equipped for experimental testing, and maintain- ing an adequate periodic inspection of current productions and whose listing states that the equipment complies with nationally recognized safety standards. Multiple occupancy building. A build- ing having more than one (1) tenant and may be of single or mixed use groups as classified by the building code. New electrical installation. The instal- lation of electrical wiring, apparatus, and equipment for light, heat, power, and other purposes. Occupancy. The purpose for which a building, or part thereof, is used or intended to be used. Public use building or facility. Any building or facility designated for public use, including all property owned and occupied or designated for use by the state of Iowa. Residential installation. An installation intended for a single-family or two- family residential dwelling or a multi- family residential dwelling not larger than a four -family dwelling. Routine maintenance. The servicing, maintaining, or repairing of existing electrical apparatus or equipment for which no changes in wiring are made. State board. The electrical examining board created under Iowa Code sec- tion 103.2. 80-5. Alternate Materials And Methods Of Construction. The provisions of this code are not intended to prevent the use of any material or method of construction not specifically pre- scribed by this code, provided any alternate has been approved and its use authorized by the code official. The code official may approve any al- ternate, provided it is found that the proposed design is satisfactory and complies with the provisions of this code and that the material, method, or work offered is, for the purpose in- tended, at least the equivalent of that prescribed in this code in suitability, strength, effectiveness, fire re- sistance, durability, and safety. The code official shall require that suf- ficient evidence or proof be submit- ted to substantiate any claims re- garding the use of alternates. The details of any action granting ap- proval of an alternate shall be rec- orded and entered in the files of the code enforcement agency. 80-6. Modifications. Whenever there are practical difficulties involved in carrying out the provisions of this code, the code official may grant modifications for individual cases, provided it is found that a special in- dividual reason makes the strict let- ter of this code impractical and the modification is in conformity with the intent and purpose of this code, and that such modification does not lessen health, life, and fire safety re- quirements. The details of actions granting modifications shall be rec- orded and entered in the files of the code enforcement agency. 80-7. Tests. Whenever there is insuffi- cient evidence of compliance with any of the provisions of this code or evidence that materials or construc- tion do not conform to the require- ments of this code, the code official may require tests as evidence of compliance to be made at no ex- pense to this jurisdiction. Test methods shall be as specified by this code or by other recognized test standards. In the absence of recog- nized and accepted test methods for 526 Regular Session, December 20, 2021 Book 151 the proposed alternate, the code of- owner or other persons having ficial shall determine test proce- charge or control of the building dures. or premises and request entry. If All tests shall be made by an approved entry be refused, the code official agency. Reports of such tests shall or authorized representative be retained by the code official for shall have recourse to every the period required for the retention remedy provided by law to se - of public records. cure entry. Article 81. When the code official or author- 81-1. Powers And Duties Of Code Of- ized representative shall have ficial. first obtained a proper inspection (a) General. The code official is warrant or other remedy pro - hereby authorized and directed vided by law to secure entry, no to enforce all the provisions of owner or occupant or any other this code. For such purposes, persons having charge, care, or the code official shall have the control of any building or prem- powers of a law enforcement of- ises shall fail or neglect, after ficer. proper request is made as herein The code official shall have the provided, to promptly permit en - power to render interpretations try therein by the code official or of this code and to adopt and en- authorized representative for the force rules and regulations sup- purpose of inspection and exam- plemental to this code as ination pursuant to this code. deemed necessary in order to (d) Stop Orders. Whenever any clarify the application of the pro- work is being done contrary to visions of this code. Such inter- the provisions of this code, the pretations, rules, and regulations code official may order the work shall be in conformity with the in- stopped by notice in writing tent and purpose of this code. served on any persons engaged (b) Deputies. In accordance with in the doing or causing such prescribed procedures and with work to be done and any such the approval of the appointing persons shall forthwith stop such authority, the code official may work until authorized by the code appoint a chief electrical inspec- official to proceed with the work. for and other related technical of- (e) Authority To Disconnect Utili- ficers and inspectors and other ties In Emergencies. The code employees as shall be author- official or authorized representa- ized from time to time. tive shall have the authority to (c) Right Of Entry. Whenever nec- disconnect any electric power or essary to make an inspection to energy service supplied to the enforce any of the provisions of building, structure, or building this code, or whenever the code service equipment therein regu- official or authorized representa- lated by this code in case of tive has reasonable cause to be- emergency where necessary to lieve that there exists in any eliminate an immediate hazard building or upon any premises to life or property. The code offi- any condition or code violation cial shall whenever possible no - which makes such buildings or tify the serving utility, the owner, premises unsafe, dangerous, or and occupant of the building, hazardous, the code official or structure, or electrical system or authorized representative may equipment of the decision to dis- enter such building or premises connect prior to taking such sc- at all reasonable times to inspect tion, and shall notify such serving the same or to perform any duty utility, owner, and occupant of imposed upon the code official the building, structure, or build - by such codes, provided that if ing service equipment, in writing, such building or premises be oc- of such disconnection immedi- cupied, the code official shall first ately thereafter. present proper credentials and (f) Authority To Condemn Electri- request entry. If such building or cal System And Equipment. premises is unoccupied, the Whenever the code official as - code official shall first make a certains that any electrical sys- reasonable effort to locate the tem or equipment regulated in Book 151 Regular Session, December 20, 2021 527 this code has become hazardous through the enforcement of this to life, health, or property, the code or enforced by the code en- code official shall order in writing forcement agency shall be de - that such electrical system or fended by this jurisdiction until fi- equipment either be removed or nal termination of such proceed - restored to a safe condition, ings, and any judgment resulting whichever is appropriate. The therefrom shall be assumed by written notice itself shall fix a this jurisdiction. time limit for compliance with This code shall not be construed to such order. No person shall use relieve from or lessen the re - or maintain defective electrical sponsibility of any person own - systems or equipment after re- ing, operating, or controlling any ceiving such notice. building or structure for any dam - When such equipment or installa- ages to persons or property tion is to be disconnected, a writ- caused by defects, nor shall the ten notice of such disconnection code enforcement agency or its and causes therefor shall be parent jurisdiction be held as as - given within twenty- four (24) suming any such liability by rea- hours of the order to disconnect son of the inspections authorized to the serving utility, the owner, by this code or any permits or and occupant of such building, certificates issued under this structure, or premises. code. When any electrical system or (i) Cooperation Of Other Offi- equipment is maintained in viola- cials And Officers. The code tion of this code and in violation official may request, and of any notice issued pursuant to shall receive so far as is re - the provisions of this section, the quired in the discharge of du - code official shall institute any ties, the assistance and co - appropriate action to prevent, re- operation of other officials of strain, correct, or abate the viola- this jurisdiction. tion. 81-2. Unsafe Electrical Systems Or (g) Connection After Order To Dis- Equipment. All electrical systems or connect. No person shall make equipment regulated by this code connections from any energy or which are unsafe or which constitute power supply nor supply power a fire hazard or are otherwise dan- to any electrical system or equip- gerous to human life are, for the pur- ment which has been discon- pose of this section, unsafe. Any use nected or ordered to be discon- of electrical systems or equipment nected by the code official or the regulated by this code constituting a use of which has been ordered to hazard to safety, health, or public be discontinued by the code offi- welfare by reason of inadequate cial until the code official author- maintenance, dilapidation, obsoles- izes the reconnection and use of cence, fire hazard, disaster, dam - such electrical system or equip- age, or abandonment is, for the pur- ment. pose of this section, an unsafe use. (h) Liability. The code official, or All such unsafe electrical systems or authorized representative equipment are hereby declared to be charged with the enforcement of public nuisances and shall be this code, acting in good faith abated by repair, rehabilitation, and without malice in the dis- demolition, or removal in accord - charge of duties, shall not ance with the procedures set forth in thereby be rendered personally title 1, chapter 4 of the city of Dubu- liable for any damage that may que code of ordinances. As an alter - accrue to persons or property as native, the code official or other em- a result of any act or by reason ployee or official of this jurisdiction of any act or omission in the dis- as designated by the governing body charge of duties. Any suit may institute any other appropriate brought against the code official action to prevent, restrain, correct, or or employee because of such act abate the violation. or omission performed in the en- 81-3. Building Code Advisory and Ap- forcement of any provision of peal Board. See section 14-1A-6 of such codes or other pertinent the city of Dubuque code of ordi- laws or ordinances implemented nances. 528 Regular Session, December 20, 2021 Book 151 Article 82. 82-1. Permits Required. (a) Permits Required. Except as specified in subsections (b) and (c) of this section, no electrical system regulated by this code shall be installed, altered, re- paired, replaced, or remodeled unless a separate electrical per- mit for each building or structure has first been obtained from the code official. (b) Exempt Work. An electrical permit shall not be required for the following: (1) Portable motors or other portable appliances ener- gized by means of a cord or cable having an attachment plug end to be connected to an approved receptacle when that cord or cable is permitted by this code; (2) Repair or replacement of fixed motors, transformers, or fixed approved appliances of the same type and rating in the same location; (3) Temporary decorative light- ing; (4) Repair or replacement of current -carrying parts of any switch, contractor, or control device; (5) Reinstallation of attach- ment plug receptacles, but not the outlets therefor; (6) Repair or replacement of any overcurrent device of the required capacity in the same location; (7) Repair or replacement of electrodes or transformers of the same size and capacity for signs or gas tube sys- tems; (9) Removal of electrical wir- ing; (10) Temporary wiring for ex- perimental purposes in suita- ble experimental laborato- ries; or (11) The wiring for temporary theater, motion picture, ortel- evision stage sets. However, any such exempted work that is to be performed in other than a single-family home by the qualifying homeowner shall be per- formed by or directly super- vised by the holder of a state of Iowa class "A" or "B" mas- ter or journeyman electrical license. Exemption from the permit re- quirements of this code shall not be deemed to grant au- thorization for any work to be done in violation of the provi- sions of this code or any other laws or ordinances of this jurisdiction. (c) Exempt Systems And Utilities. An electrical permit shall not be required for the following: (1) Electrical wiring, devices, appliances, apparatus, or equipment operation at less than twenty-five (25) volts and not capable of supplying more than fifty (50) watts of energy. (2) Low energy power, control, and signal circuits of classes II and III as defined in this code. (3) A permit shall not be re- quired for the installation, al- teration, or repair of electrical wiring, apparatus, or equip- ment for the generation, transmission, distribution, or metering of electrical energy, or in the operation of signals or the transmission of intelli- gence by a public or private utility in the exercise of its function as a serving utility. Exemption from the permit re- quirements of this code shall not be deemed to grant au- thorization for any work to be done in violation of the provi- sions of this code or any other laws or ordinances of this jurisdiction. 82-2. Permit Process. (a) Application For Permit. The applicant for an electrical permit must be one of the fol- lowing: (1) The homeowner as defined elsewhere in this ordinance; or, (2) Registered with the state of Iowa as a class "A" master electrical licensee and affili- ated with an electrical con- tracting firm or business that is also licensed by and regis- tered with the state of Iowa. (3) In-house electricians, not for hire by the general public. Book 151 Regular Session, December 20, 2021 529 (b) Application. To obtain a permit, Plans for buildings more than two the applicant shall first file an ap- (2) stories in height of other than plication therefor in writing on a groups R, division 3, and M oc- form furnished by the code en- cupancies shall indicate how re- forcement agency for that pur- quired structural and fire-resis- pose. Every such application tive integrity will be maintained shall: where a penetration will be made (1) Identify and describe the for electrical and communication work to be covered by the conduits, pipes, and similar sys- permit for which application tems. is made; 82-3. Permit Issuance. (2) Describe the land on which (a) Issuance. The application, the proposed work is to be plans, specifications, and other done by legal description, data filed by an applicant for per - street address, or similar de- mit shall be reviewed by the code scription that will readily iden- official. Such plans may be re- tify and definitely locate the viewed by other departments of proposed building or work; this jurisdiction to verify compli- (3) Identify the owner of prop- ance with any applicable laws erty, and tenant if applicable, under their jurisdiction. If the on which the proposed work code official finds that the work is to be done; described in an application for a (4) Indicate the use or occu- permit and the plans, specifica- pancy for which the proposed tions, and other data filed there - work is intended; with conform to the requirements (5) Be accompanied by plans, of this code and other pertinent diagrams, computations, and laws and ordinances and that the specifications and other data fees specified in section 82-4 as required in subsection (c) have been paid, a permit shall be of this section; issued therefor to the applicant. (6) Be signed by permittee or When the code official issues the authorized agent; and permit where plans are required, (7) Give such other data and the plans and specifications shall information as may be re- be endorsed in writing or quired by the code official. stamped "APPROVED". Such (c) Plans And Specifications. approved plans and specifica- Plans, engineering calculations, tions shall not be changed, mod - diagrams, and other data shall ified, or altered without authori- be submitted in one or more sets zation from the code official and with each application for a per- all work shall be done in accord- mit. The code official may require ance with the approved plans. plans, computations, and specifi- The code official may issue a per - cations to be prepared and de- mit for the construction of part of signed by an engineer or archi- an electrical system before the tect licensed by the state of Iowa entire plans and specifications to practice as such. for the whole system have been EXCEPTION: The code official may waive submitted or approved, provided the submission of plans, calculations, adequate information and de - etc., if it is found that the nature of the tailed statements have been filed work applied for is such that reviewing of complying with all pertinent re - plans is not necessary to obtain compli- quirements of this code. The ance with this code. holder of such permit shall pro- (d) Information On Plans And ceed at personal risk without as - Specifications. Plans and speci- surance that the permit for the fications shall be drawn to scale entire building, structure, or upon substantial paper or cloth building service will be granted. and shall be of sufficient clarity to (b) Retention Of Plans. One set of indicate the location, nature, and approved plans and specifica- extent of the work proposed and tions shall be returned to the ap- show in detail that it will conform plicant and shall be kept on the to the provisions of this code and site of the building work at all all relevant laws, ordinances, times during which the work au - rules, and regulations. thorized thereby is in progress. 530 Regular Session, December 20, 2021 Book 151 One set of approved plans, spec- and satisfactory reasons. The ifications, and computations code official may extend the time shall be retained by the code of- for action by the permittee for a ficial until final approval of the period not exceeding one hun- work. dred eighty (180) days upon writ- (c) Validity Of Permit. The issu- ten request by the permittee ance of a permit or approval of showing that circumstances be - plans and specifications shall not yond the control of the permittee be construed to be a permit for, have prevented action from be - or an approval of, any violation of ing taken. No permit shall be ex - any of the provisions of this tended more than once. code, or of any other ordinance (e) Suspension Or Revocation. of the jurisdiction. No permit pre- The code official may, in writing, suming to give authority to vio- suspend or revoke a permit is - late or cancel the provisions of sued under the provisions of this these codes shall be valid. code whenever the permit is is - The issuance of a permit based sued in error or on the basis of upon plans, specifications, and incorrect information supplied or other data shall not prevent the in violation of any ordinance or code official from thereafter re- regulation of the jurisdiction. quiring the correction of errors in 82-4. Fees. said plans, specifications, and (a) Permit Fees. The fee for each other data or from preventing electrical permit shall be as es - building operations being carried tablished by the city manager. on thereunder when in violation (b) Plan Review Fees. When a of this code or of any other ordi- plan or other data are required to nances of this jurisdiction. be submitted by subsection (c) of (d) Expiration. Every permit issued section 82-2, a plan review fee by the code official under the shall be paid as established by provisions of this code shall ex- the city manager. Where plans pire by limitation and become are incomplete or changed so as null and void, if the building or to require additional plan review, work authorized by such permit an additional plan review fee is not commenced within one shall be charged at the rate es - hundred eighty (180) days from tablished by the city manager. the date of such permit, or if the (c) Expiration Of Plan Review. Ap- work authorized by such permit plications for which no permit is is suspended or abandoned for a issued within one hundred eighty period of one hundred eighty (180) days following the date of (180) days following the last in- application shall expire by limita- spection of said work. Before tion and plans and other data such work can be recommenced, submitted for review may there - a new permit shall be first ob- after be returned to the applicant tained so to do, and the fee or destroyed by the code official. therefor shall be one-half (1/2) The code official may extend the the amount required for a new time for action by the applicant permit for such work provided no for a period not exceeding one changes have been made or will hundred eighty (180) days upon be made in the original plans and request by the applicant showing specifications for such work; and that circumstances beyond the provided further that such sus- control of the applicant have pre - pension or abandonment has not vented action from being taken. exceeded one (1) year. In order No application shall be extended to renew action on a permit after more than once. In order to re - expiration, the permittee shall new action on an application af- pay a new full permit fee. ter expiration, the applicant shall Any permittee holding an unex- resubmit plans and pay a new pired permit may apply for an ex- plan review fee. tension of the time within which (d) Investigation Fees For Work work may commence under that Without A Permit. permit when unable to com- (1) Investigation. Whenever mence work within the time re- any work for which a permit is quired by this section for good required by this code has Book 151 Regular Session, December 20, 2021 531 been commenced without jurisdiction shall be liable for ex - first obtaining said permit, a pense entailed in the removal or special investigation shall be replacement of any material re- made before a permit may be quired to allow inspection. When issued for such work. the installation of an electrical (2) Fee. An investigation fee, in system and equipment is com- addition to the permit fee, plete an additional and final in - shall be collected whether or spection shall be made. Electri- not a permit is then or subse- cal systems and equipment reg- quently issued. The investi- ulated by this code shall not be gation fee shall be equal to connected to the energy source the amount of the permit fee until authorized by the code offi- that would be required by this cial. code if a permit were to be is- (b) Inspection Requests. It shall be sued. The payment of such the duty of the person doing the investigation fee shall not ex- work authorized by a permit to empt any person from com- notify the code official that such pliance with all other provi- work is ready for inspection. The sions of either this code nor code official may require that from any penalty prescribed every request for inspection be by law. filed at least one (1) business (e) Fee Refunds. day before such inspection is de- (1) The code official may au- sired. Such request may be in thorize the refunding of any writing or by telephone at the op - fee paid hereunder which tion of the code official. was erroneously paid or col- It shall be the duty of the person lected. requesting inspections required (2) The code official may au- by this code to provide access to thorize the refunding of not and means for proper inspection more than eighty percent of such work. (80%) of the permit fee paid (c) Operation Of Electrical Equip - when no work has been done ment. The requirements of this under a permit issued in ac- section shall not be construed to cordance with this code. prohibit the operation of any (3) The code official may au- electrical system or equipment thorize the refunding of not installed to replace existing more than eighty percent equipment. The request for in- (80%) of the plan review fee spection of such equipment must paid when an application for have been filed with the code of - a permit for which a plan re- ficial not more than forty-eight view fee has been paid is (48) hours after such replace - withdrawn or canceled be- ment work is completed and be- fore any plan reviewing is fore any portion of such electrical done. system is concealed by any per - The code official shall not au- manent portion of the building. thorize the refunding of any (d) Other Inspections. In addition fee paid except upon written to the called inspections required application filed by the origi- by this code, the code official nal permittee no later than may make or require other in - one hundred eighty (180) spections of any work to ascer- days after the date of fee tain compliance with the provi- payment. sions of this code and other laws 82-5. Inspections. which are enforced by the code (a) General. All electrical systems enforcement agency. and equipment for which a per- (e) Re -Inspections. A re -inspection mit is required by this code shall fee may be assessed for each in - be subject to inspection by the spection or reinspection when code official. No portion of any such portion of work for which in - electrical system intended to be spection is called is not complete concealed shall be concealed or when corrections called for until inspected and approved. are not made. Neither the code official nor this This provision is not to be inter- preted as requiring re -inspection 532 Regular Session, December 20, 2021 Book 151 fees the first time a job is re- jected for failure to comply with the requirements of this code, but as controlling the practice of calling for inspections before the job is ready for such inspection or re -inspection. Re -inspection fees may be as- sessed when the approved plans are not readily available to the in- spector, for failure to provide ac- cess on the date for which in- spection is requested, or for de- viating from plans requiring the approval of the code official. To obtain a re -inspection, the ap- plicant shall file an application therefor in writing upon a form furnished for that purpose and pay the re -inspection fee in ac- cordance with table no. 13-A. In instances where re -inspection fees have been assessed, no ad- ditional inspection of the work will be performed until the re- quired fees have been paid. (f) Monthly Maintenance Inspec- tions. In industrial plants where experienced electricians are reg- ularly employed and who have charge of the electrical work in such plants, a monthly inspec- tion shall be made by the code official of the installation of elec- tric wiring, fixtures, appliances, work and materials used in con- nection with the operation of work in said plant. A record shall be kept at such plants covering the preceding month. This record shall be filed with the code offi- cial each month prior to the time set for making regular inspec- tion. Any falsity contained in the reports required to be filed with the code official shall subject the person, firm, or corporation re- sponsible therefor to the penal- ties provided in this article. 82-6. Connection Approval. (a) Energy Connections. An elec- trical system or equipment regu- lated by this code for which a permit is required shall not be connected to a source of energy or power until approved by the code official. (b) Temporary Connections. The code official may authorize the temporary connection of the electrical system or equipment to the source of energy or power for the purpose of testing the equip- ment or for use under a tempo- rary certificate of occupancy. Article 83. 83-1. Definitions. For use within this article, the following words and phrases are defined: Electrical equipment. All electrical ma- terials, wiring, conductors, fittings, devices, appliances, fixtures, signs, and apparatus or parts thereof. Electrical work. All installations, alter- ations, repairs, removals, renewals, replacements, connections, discon- nections, and maintenance of all electrical equipment except as oth- erwise noted. Homeowner. The owner of property that is the owner's principal place of residence, if such residence is an existing dwelling rather than new construction and is not larger than a single family dwelling or farm prop- erty and shall qualify for the home- stead tax exemption. Licensed. Licensed under this article or Iowa Code section 103.2, except as otherwise specified. Maintenance electrician. A person who has the necessary training, ex- perience, and technical knowledge to undertake the work of servicing, maintaining, and repairing electrical devices, appliances, and equipment within the stipulated confines of property owned or controlled by the firm, business, or company by whom employed. An electrical mainte- nance certificate of competency may be issued to an individual and will entitle the holder thereof to under- take the work of servicing, maintain- ing, and repairing electrical devices, appliances, and equipment only within the confines of the property owned by such individual for use or application to such property. Registered, under this article. A copy of the licensed person's license and current contact information has been provided to the city of Dubuque building services department on forms provided by building services department, except as otherwise specified. 83-2. Registration Required; Excep- tions. (a) No person, firm, or corporation shall perform any electrical work as an electrical contractor, mas- ter electrician, journeyman elec- trician, apprentice electrician, Book 151 Regular Session, December 20, 2021 533 unclassified person, or mainte- nance electrician in the city of Dubuque unless registered as provided in this article. (b) No electrical contractor or elec- trical maintenance electrician shall employ any apprentice or unclassified person to perform any electrical work unless said apprentice or unclassified per- son is under the direct personal on-the-job supervision of a state master electrician or state jour- neyman electrician. The ratio of apprentice electricians or un- classified persons to holders of state of Iowa master or journey- man electrical licenses or electri- cal maintenance licenses at any time shall not exceed the ratios given in subsection 83-2(f). Direct personal on-the-job supervi- sion and control and in the imme- diate presence of a licensee shall mean the licensee and the apprentice electrician or unclas- sified person shall be working at the same project location but shall not require that the licensee and apprentice electrician or un- classified person be within sight of one another at all times. Every person who desires to per- form the work of an electrical la- borer/helper shall provide their name and contact information to the building services department on such forms as the code offi- cial shall prescribe. Apprentice electricians shall not in- stall, alter, or repair electrical equipment except as provided in this ordinance and the licensee employing or supervising the ap- prentice electricians shall not au- thorize or permit such actions by the apprentice electricians. Unclassified persons shall not in- stall, alter, or repair any ener- gized electrical equipment and the licensee employing or super- vising the unclassified persons shall not authorize or permit such actions by the unclassified per- sons. Apprentice electricians shall do no electrical wiring except under the direct personal on-the-job super- vision and control and in the im- mediate presence of a licensee as provided in this ordinance. Such supervision shall include both on-the-job training and re- lated classroom training as ap- proved by the state of Iowa elec- trical examining board and the bureau of apprenticeship and training of the United States de- partment of labor. Unclassified persons shall do no electrical wiring except under the direct personal on-the-job super- vision and control and in the im- mediate presence of a licensee as provided in this ordinance. Employment of unregistered mas- ter, journeyman, apprentice electricians, or unclassified per- sons shall be grounds for the suspension or revocation of the employing electrical contractor's registration and their ability to do work within the limits of the city of Dubuque. Employment of unregistered mas- ter, journeyman, apprentice electricians, or unclassified per- sons shall be grounds for the suspension or revocation of the employing maintenance electri- cian's registration and their abil- ity to do work within the limits of the city of Dubuque. (c) The owner or owners of a sin- gle-family dwelling, or mobile home, including the usual acces- sory building and quarters used exclusively for living purposes may do such electrical work with- out registration as demonstrated by the capability to do, to the code official, providing that the dwelling or mobile home is occu- pied by the owner and that a per- mit is issued as provided in the electrical code. (d) The provisions of this article shall not apply to any regular em- ployee of a public utility who does electrical work for such public utility only, nor shall they apply to the electrical work of a telephone or telegraph com- pany, nor the persons, firms, or corporations performing electri- cal work for such a company, where such electrical work is an integral part of the plant used by such telephone or telegraph company in rendering its duly au- thorized service to the public, nor to any regular employee of any railroad who does electrical work only as a part of that employ- ment. 534 Regular Session, December 20, 2021 Book 151 (e) The provisions of this article shall not apply to the replace- ment of integral parts of equip- ment or appliances by firms or persons in possession of a valid electrical maintenance license issued previously to the firm or person by the building services department of the city under other pertinent city ordinances. (f) The maximum number of state of Iowa licensed apprentice elec- tricians or state of Iowa licensed unclassified persons that may be supervised by a licensed city of Dubuque or state of Iowa mas- ter, journeyman, or maintenance electrician shall not exceed one to one (1:1). The supervision ratio of this sec- tion need not apply to appren- ticeship classroom training. 83-3. Classes Of Dubuque Electrical License. (a) One (1) class of license is hereby established and certifi- cates thereof shall be renewed only upon the direction of the Building Code Advisory and Ap- peals board. This class shall be designated respectively as: Electrical maintenance license shall entitle the holder thereof to undertake, within the corporate limits of the city of Dubuque, the work of installing, servicing, maintaining, altering, and repair- ing electrical devices, appli- ances, and equipment within the confines of property owned or controlled by the firm, business, or company employing such reg- istration holder or within the con- fines of property owned by an in- dividual. 83-10. Suspension Of Permit Privilege For Multiple Violations. Where a li- censed electrical contractor is found doing electrical work without an elec- trical permit on three (3) separate occasions in one (1) year, a hearing shall be held by the code official at which time the permit privileges of said electrical contractor may be suspended for a period of time not to exceed one (1) year. The Building Code Advisory and Appeal board as established by article 81-3 shall be present at such hearings and shall act as advisors to the code official in determining the course of action to be taken. 210.8. Ground -Fault Circuit -Inter- rupter Protection For Personnel. Ground -fault circuit -interrupter pro- tection for personnel shall be pro- vided as required in 210.8(A) through (F). The ground -fault circuit - interrupter shall be installed in a readily accessible location. 210.8(A) Dwelling Units. All 125-volt, single-phase, 15- and 20-ampere re- ceptacles installed in locations spec- ified in 210.8(A)(1) through 210.8(A)(11) shall have ground -fault circuit -interrupter protection for per- sonnel. (1) Bathrooms. (2) Garages and also acces- sory buildings that have a floor located at or below grade level not intended to be habitable rooms and lim- ited to storage areas, work areas or similar use. (3) Outdoors. Exception to (3): Receptacles that are not readily accessi- ble and are supplied branch circuit dedicated to electrical snow -melting, deicing, or pipeline and vessel heating equipment shall be permitted to be installed in accordance with 426.28 or 427.22, as ap- plicable. (4) Crawl spaces — at or below grade level. (5) Basements. Exception to (5): A receptacle supplying only a permanently installed fire alarm or burglar alarm system shall not be re- quired to have ground -fault circuit -interrupter protection. Informational Note: See 760.41 B and 760.121(B) for power supply requirements for fire alarm systems. Re- ceptacles installed under the exception to 210.8(A)(5) shall not be considered as meeting the requirements of 210.52(G). (6) Kitchens — where the re- ceptacles are installed to serve the countertop sur- faces. (7) Sinks — where the recepta- cles are installed within 1.8 m (6 ft) from the top inside edge of the bowl of the sink. (8) Boathouses. Book 151 Regular Session, December 20, 2021 535 (9) Bathtubs or shower stalls — where receptacles are in- stalled within 1.8 m (6 ft) of the outside edge of the bath- tub or shower stall. (10) Laundry areas. Exception to (1) through (3), (5) through (8), and (10): Listed locking support and mounting receptacles utilized in combination with compati- ble attachment fittings in- stalled for the purpose of serving a ceiling luminaire or ceiling fan shall not be re- quired to be ground -fault cir- cuit -interrupter protected. If a general-purpose conven- ience receptacle is integral to the ceiling luminaire or ceil- ing fan, GFCI protection shall be provided. (11) Indoor damp and wet loca- tions. 334.10. Uses Permitted. Type NM, type NMC, and type NMS cables shall be permitted to be used in the following: (2) Multifamily dwellings, two (2) stories or less in height, permitted to be of types III, IV, and V construction except as prohibited in 334.12. (3) Other residential or acces- sory structures, two (2) sto- ries or less in height, permit- ted to be of types III, IV, and V construction except as pro- hibited in 334.12. Cables shall be concealed within walls, floors, or ceilings that provide a thermal barrier of material that has at least a fif- teen (15) minute finish rating as identified in listings of fire - rated assemblies. (4) Manufactured buildings as defined and regulated in arti- cle 545 of the national electri- cal code. Manufactured buildings must comply with the provisions of article 545. Section 2. This ordinance shall take effect upon publication. Passed, approved, and adopted this 20th day of December, 2021. /s/Roy D. Buol, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 24th day of December, 2021. /s/Adrienne N. Breitfelder, City Clerk 6. Request for Consideration of Project and Facilities Manager: City Manager recom- mended City Council consideration of the addi- tion of a Project and Facilities Manager for the Leisure Services Department that would di- rectly report to the Leisure Services Manager. Motion by Sprank to receive and file the docu- ments and approve the recommendation. Se- conded by Jones. City Council Members thanked City Manager Mike Van Milligen for providing extensive details about this position and funding sources in his memo. Motion car- ried 7-0. 7. Budget Amendment Two Additional Posi- tions in Human Resources Department: City Manager recommended two additional posi- tions in the Human Resources Department to complete the volume of work and to provide the level of customer service that is needed. Motion by Jones to receive and file the documents and approve the recommendation. Seconded by Cavanagh. Motion carried 7-0. COUNCIL MEMBER REPORTS Council Member Farber reported on speak- ing at the University of Dubuque's Physician Assistant Graduation. Ms. Farber also reported on recently volunteering for the Dubuque Area Labor Harvest, which provided holiday meals and toys to area residents in need. Mayor Buol thanked his council colleagues, city staff, and the residents of Dubuque for their leadership and support throughout his tenure on City Council. There being no further business, Mayor Buol declared the meeting adjourned at 8:05 p.m. /s/Adrienne N. Breitfelder, City Clerk 536 INDEX Book 151 A A.Y. McDonald Mfg. Co........................................................................................................................ 334, 335, 346 A.Y. McDonald Park..................................................................................................................................... 146,302 AB(MC)2, LLC...............................................................................................................................................334, 335 Abstractof Votes............................................................................................................................. 65, 81, 414, 436 Adams, Jeff..........................................................................................................................................................444 Adobo's Mexican Grill..........................................................................................................................................242 Advanced Directional Drillers.............................................................................................................................. 239 Affordable Housing Network, Inc.(AHNI)...............................................................22, 31, 65, 66, 89, 168, 207, 216 Agreements 2021 Asphalt Overlay Program - City of Asbury...............................................................................................114 Dubuque and ITC Midwest, LLC to operate an Electric Transmission System ................................................... 37 DubuqueGolf and Country Club......................................................................................................................113 East 14th Railroad Grade Crossing Safety Improvements................................................................................. 241 East Dubuque Fire Department Mutual Aid......................................................................................................42 Grant Administration with The Fountain of Youth Program.............................................................................. 57 HDREngineering, Inc.........................................................................................................................................19 Housing TIF (North Grandview Estates Housing Urban Renewal Area)............................................................. 31 Proposed Amendment to Master Co -Location and Shared Services...............................................................114 U.S. Department of the Army for an Engineering Analysis on the Force Main Stabilization Project.................41 Ahlers and Cooney, P.0........................................................................................................................ 189, 196, 300 Airport Commission Members................................................................................................................................................. 338,354 AirportMaster Plan Update................................................................................................................................ 275 Airport Zoning Advisory Commission Members.........................................................................................................................................................198 Airport Zoning Board of Adjustment Members.........................................................................................................................................................198 AldiIncorporated.................................................................................................................................................414 All -Dubuque Croquet Association (ADCA)...........................................................................................................431 AlliantEnergy......................................................................................................................................................... 24 AlpineMobile Park..............................................................................................................................................447 AlteredState, The................................................................................................................................................ 243 Althaus, Harry J. and Mary E........................................................................................................ 451, 454, 456, 496 Ambrosy, Connor.................................................................................................................................................235 AmbulanceBilling Vendor...................................................................................................................................434 AMCTheatres Dubuque........................................................................................................................................ 20 Amended and Restated Urban Renewal Plan ..... 84, 86, 87, 134, 135, 148, 153, 320, 321, 355, 356, 360, 366, 379, 420, 422, 447 AmericanCruise Lines..........................................................................................................................................303 American Legal Publishing............................................................................................................. 19, 203, 336, 437 AmericanLegion Post #6..................................................................................................................................... 242 American Queen Steamboat Company Inc..........................................................................................................286 AmericanRed Cross...............................................................................................................................................77 American Red Cross Everyday Heroes Award........................................................................................................ 77 American Rescue Plan Act (ARPA)..........................................................................................93, 289, 290, 332, 357 Americans for the Arts' Arts and Economic Prosperity........................................................................................432 America's River Corporation................................................................................................................................ 217 AmeriCorps...........................................................................................9, 74, 80, 126, 267, 302, 313, 326, 406, 409 Analysis of Impediments to Fair Housing............................................................................................................... 24 AnnualAction Plan........................................................................................................................................ 30,455 Applebee's Neighborhood Grill and Bar...................................................................................................... 287,318 Appointments to Various Boards and Commissions, Mayor and City Council.......................................................11 Arton the River........................................................................................................................................... 302,375 Arts and Cultural Affairs Advisory Commission Members................................................................................................................................................. 224,244 Minutes...............................................................................................................77, 105, 164, 293, 373, 431, 449 Book 151 INDEX 537 Arts and Culture Creative Resiliency Grant..........................................................................................................345 Arts and Culture Master Plan................................................................................................................. 13, 433, 484 Arts and Culture Operating Support Grants........................................................................................................309 Asbury Road, 3049................................................................................................................ See Request to Rezone AsburySquare LLC........................................................................................................................................... 60,61 Ashley Regan............................................................................................................See Human Rights Commission Assessments Chavenelle Road...................................................................................................................... 222, 223, 269, 270 Grass and Weed Cutting and Garbage..........................................................................63, 64, 201, 303, 412, 413 John F. Kennedy Road Sidewalk Installation............................................................................ 220, 261, 440, 456 SnowRemoval.................................................................................................................................................284 Vacant or Abandoned Building Problem Property...........................................................................................413 West 32nd Street, 1951, water service connection charge...................................................................... 378,400 AssisiVillage.........................................................................................................................................................257 Association of Food and Drug Officials(AFDO)....................................................................................................487 Atchison, Shelley..................................................................................................................................................1, 8 Avery, Jennifer............................................................................................................................................. 293,294 B Backpocket Brewing Taproom............................................................................................................. 131, 353, 414 BarAssociation.................................................................................................................................................... 216 BarrelHouse Dubuque.........................................................................................................................................438 Baum, Alex, Community Foundation of Greater Dubuque Knowledge Management Director ...........................346 Baumhover, Rick, 601 Garfield..............................................................................................................................73 BaymontInn and Suites.........................................................................................................................................20 BeeBranch Creek Greenway................................................................................................................................. 39 BeeBranch Healthy Homes.........................................................................................................................166, 433 Bee Branch Railroad Culvert Trail........................................................................................................................225 BeecherLiquor............................................................................................................................................. 243,494 Bel -Aire Home Improvement LLC........................................................................................................................433 BellTower Productions........................................................................................................................................307 BettyBuilding, LLC...............................................................................................................................................408 Big10 Mart............................................................................................................................................ 20, 243, 438 Biggin, Robert ......................................................................................................................................................456 Birkenholz, Spencer J. and Emily A........................................................................ See Pre -Annexation Agreements BishopBlock.................................................................................................................................................168, 207 bizTimesMagazine.............................................................................................................................. 216, 286, 406 BlackHeritage Survey..........................................................................................................................................488 BlackHills Energy................................................................................................................................. 263, 311, 312 Blocktoberfest..................................................................................................................................................... 353 Bluff Street, 701................................................................................................................................... 279, 486, 495 BluffStreet, 801...................................................................................................................................................199 Blum, Bill..............................................................................................................................................................216 Boardand Brush Creative Studio.........................................................................................................................131 Boardof Health....................................................................................................................................................352 BoazBBQ.............................................................................................................................................................378 Bodish, Becky, Four Mounds Foundation Program Manager......................................................................125, 276 Bohumil Shimek Environmental Educator Award..................................................................................................77 Bonds General Fund Lease Agreement - Postage Machine.......................................................................................117 General Obligation Annual Appropriation Refunding.......................................................................... 66, 90, 106 General Obligation Bonds.................................................................................................... 83, 84, 119, 120, 172 General Obligation Urban Renewal Bonds........................................................................................ 84, 119, 120 Sewer Revenue Capital Loan Notes..............................................................................29, 44, 319, 340, 439, 466 Stormwater Utility Revenue Capital Loan Notes........................................................................... 25, 66, 90, 106 Taxable General Obligation Bonds..................................................................................... 84, 120, 158, 172, 181 Tax -Exempt General Obligation Bonds............................................................................................ 158, 172, 181 WaterRevenue Bonds.....................................................................................................................................291 538 INDEX Book 151 Water Revenue Capital Loan Notes......................................................................................................... 438,476 Water Revenue Refunding Bonds............................................................................................ 219, 259, 291, 295 Botanicanna......................................................................................................................................................... 243 Boys' and Girls' Club.................................................................................................................................... 268,303 BPFuel......................................................................................................................................................... 131,243 Bradley, Andy.......................................................................................................................................................164 Brain Health................................................................................................................................... 69, 125, 126, 373 BrazenOpen Kitchen Bar....................................................................................................................................... 20 Breiner, Ronald W. and Jessalynn J.............................................................................................................. 280,316 Breitbach, Nicole, Senior Community Affairs Manager....................................................................................... 311 BridgeRestaurant The......................................................................................................................................... 438 Brigadoon............................................................................................................................................................ 292 Broadband Expansion and Connecting Fiber Infrastructure..................................................................................24 Bryson, Mike, Dubuque Lowe's........................................................................................................................... 372 Budget Amendment......................................................................................................................132, 169, 337, 357, 515 AnnualBudget for FY22.....................................................................................................................................92 Departmental Presentations................................................................................................71, 72, 73, 74, 76, 92 FiveFlags Civic Center...................................................................................................................................... 432 Maximum Property Tax Dollars for FY22........................................................................................................... 68 Recommendations....................................................................................................................................... 70,93 SetPublic Hearing.............................................................................................................................................. 75 Buesing and Associates, Inc............................................................ 82, 112, 113, 118, 130, 137, 220, 260, 289, 308 BuffaloWild Wings..............................................................................................................................................218 Building Code Advisory and Appeals Board Members..................................................................................................................................... 22, 30, 338, 354 BuildingCode Amendments................................................................................................................................177 BulletproofVest...................................................................................................................................................199 BunkerHill Golf Course........................................................................................................................................131 Buol, Roy D...........................................................................................................................See Mayor Recognition Burger, Jeffrey and Carolyn.................................................................................................................................433 BustinAxeThrowing Range....................................................................................................................................82 BVM-PHS Senior Housing, Inc..............................................................................................................................409 C Cable TV Commission Members................................................................................................................................................... 89,118 Minutes...............................................................................................................................77, 212, 277, 449, 485 Canadian Pacific (CP) Railroad..................................................................................................... 241, 242, 290, 333 Captain Robert L. Martin Commemoration Committee........................................................................................ 36 Carbon Disclosure Project(CDP)..........................................................................................................................483 CareConstellation Open Call............................................................................................................................... 267 CARESAct............................................................................................................................................................ 310 CARES Recovery Fund Grant Agreement................................................................................................................. 9 Carin, Ethain........................................................................................................................................................ 208 CarmacManagement, Inc....................................................................................................................................408 CarmelDrive Right of Way...................................................................................................................................409 Carroll, Patrice, ImOn Communications President and CEO................................................................................482 Cascade Drive, 10829............................................................................................ See Pre -Annexation Agreements Cascade Drive, 10906............................................................................................ See Pre -Annexation Agreements Casey's General Stores........................................................................................................................... 29, 243, 307 CatfishCharlie's...................................................................................................................................................168 Catfish Creek Lift Station and Force Main....................................................................................................... 29,44 CDs4 Change....................................................................................................................................................... 243 Cedar Ridge Commercial Park....................................................................................................................... 37,199 CedarRidge Farm Place No. 19............................................................................................................................ 349 CelebrationBelle................................................................................................................................................. 286 Centers for Disease Control (CDC).......................................................................................................................172 Book 151 INDEX 539 Central Avenue Corridor...................................................................................................................... 422, 446, 485 CentralAvenue, 1540..........................................................................................................................................330 CentralAvenue, 1638..........................................................................................................................................172 CentralAvenue, 1739-1763................................................................................................................................. 267 CentralAvenue, 2243.............................................................................................................................. 66, 90, 172 CentralAvenue, 2535.......................................................................................................................................... 374 CentralAvenue, 2887..........................................................................................................................................279 CentralAvenue, 2900..........................................................................................................................................350 Central Avenue, 880 and 898.....................................................................................................See Warrenty Deed CentralAvenue, 880-890.....................................................................................................................................227 CentralGrocery and Beauty.................................................................................................................................243 Certified Local Government (CLG).........................................................................................................................28 CGM, LLC..............................................................................................................................................................210 Chaplain Schmitt Island......................................................................................................... 15, 234, 305, 328, 334 Chavenelle Road Hike -Bike Trail............................................................................................................................40 Chavenelle Warehouse Development, LLC..........................................................................................................334 Chicagoand Eastern Railroad..............................................................................................................................145 Chicago Central and Pacific Railroad...................................................................................................................230 Childcare Availability and affordability..............................................................................................................................63 Challenges and Collaborations.........................................................................................................................199 Challengesand Progress..........................................................................................................................210, 276 GrantOpportunity................................................................................................................................... 267,450 Childhood Lead Poisoning Prevention Program..................................................................................................352 ChipotleMexican Grill.........................................................................................................................................378 Chopper's............................................................................................................................................................... 82 CitizenCorrespondence.........................................................................................................................................21 Citizensof the Year Award................................................................................................................................... 277 CityAssessor..........................................................................................................................................................38 City Council Compensation Task Force................................................................................................ 178, 234, 262 CityFocus Magazine............................................................................................................................................484 City of Dubuque 2021-2023 Equity Plan................................................................................................................58 City of Sageville Annexation Proposal................................................................................................. 128, 166, 388 City/School Election.............................................................................................................................................431 Civic Center Advisory Commission Members................................................................................................................................. 395, 441, 456, 495 Civil Service Commission Certified Lists................................................................................................................................... 114, 437, 493 Members................................................................................................................................................. 395,416 Minutes.............................................................................................................................. 60, 105, 312, 449, 485 Clancy, Sheri........................................................................................................................................................456 Clark, Karlene, Riverview Center Sexual Assault Advocate..................................................................................104 ClarkeDrive, 654.......................................................................................................................................... 320,345 ClarkeUniversity..................................................................................................................................................131 Clasen, Jacqueline................................................................................................................................................ 213 ClimateAction Plan................................................................................................................................................59 Clubhouse, The......................................................................................................................................................82 Cobbins, Anthony T......................................................................................................................................432, 449 Code of Ordinances Supplements.................................................................................................. 19, 203, 336, 437 Comelec Internet Services, LLC............................................................................................................ 415, 430, 445 ComiskeyPark..............................................................................................................................................161, 264 Commerce Park, 7869.......................................................................................................... See Request to Rezone Commercial Driver's License Testing...................................................................................................................353 Commission on the Accreditation for Law Enforcement Agencies (CALEA) Accreditation..................................483 Community Development Advisory Commission.................................................................24, 32, 57, 74, 123, 273 Members............................................................................................................................. 67, 89, 269, 288, 332 Minutes.........................................................................................................1, 14, 27, 36, 77, 105, 180, 213, 277 Community Development Block Grant (CDBG)...... 30, 32, 57, 72, 123, 199, 238, 272, 273, 412, 432, 446, 455, 496 Community Foundation of Greater Dubuque...................................................................................... 216, 238, 311 540 INDEX Book 151 Community Organizations Active in Disaster (COAD) group............................................................................... 265 Community Solutions of Eastern Iowa (CSEI)...................................................................................................... 290 Competitive Revitalize Iowa's Sound Economy (RISE)........................................................................................... 39 Comprehensive Annual Financial Report ............................................................................................................... 70 Congress's Build Back Better legislation..............................................................................................................450 ConlonConstruction, LLC.....................................................................................................................................139 Connolly, Jennifer and Michael........................................................................................................... 27, 36, 60, 61 ConservationBoard..................................................................................................................................... 400,422 Consolidated Annual Performance and Evaluation Report (CAPER)...................................................................... 73 Consolidated Funding Application....................................................................................................... 205, 206, 258 Contracted Services Agreements..................................................................................238, 262, 330, 377, 390, 432 Convivium Urban Farmstead....................................................................................................32, 42, 123, 272, 273 Cook, HR, Five Flags Manager, ASM Global (formerly SMG)............................................................................... 360 CopperKettle Inc., The........................................................................................................................................ 378 Corken, Chris, Community Foundation of Greater Dubuque Project Coordinator ..............................................126 Cottingham and Butler, Inc.......................................................................................................................... 227,498 CountryView Estates................................................................................................................................... 280,316 Courtney, Jill, Four Mounds Foundation Executive Director...............................................................................125 COVID-19 Assistance..............................................................................................................................................10 COVID-19 Pandemic Updates ..........14, 27, 35, 60, 77, 104, 126, 163, 208, 212, 234, 265, 293, 329, 372, 406, 449 COVID-19 Response....................................................................................................................................... 70,161 COVID-19 Vaccination Incentives.................................................................................................................... 27,32 COVID-19 Vaccine Point of Delivery and Call Center...........................................................................................129 Crescent Community Health Center.................................................................................................................... 326 CrimeStatistics...................................................................................................................................................... 81 CrimeStatistics Handout.......................................................................................................................................92 CyberSecurity Update................................................................................................................................. 123,162 D&D Concrete, Inc............................................................................................................................................... 215 Daisy Trail, 106975................................................................................................ See Pre -Annexation Agreements Dakota, Minnesota and Eastern Railroad Corporation (Canadian Pacific) ................................................... 241,333 DARE.................................................................................................................................................................... 353 David, Jayne...........................................................................................................................................................15 Davis, John........................................................................................................................................................... 1,8 Day, Dennis............................................................................................................................................................36 Days Inn and Spirits Bar and Grill......................................................................................................................... 204 Deereand Company............................................................................................................................................490 Degenhardt, Abigail, Dubuque County Early Childhood......................................................................................276 Delaney, Lisa................................................................................................................................................347, 348 Delhi Street, 1597..................................................................................................................See Request to Rezone Denny's Lux Club.................................................................................................................................................. 378 DepotRidge, 15016............................................................................................................................................. 281 DerbyGrange Road.............................................................................................................................................. 281 DesignMill, Inc......................................................................................................................................................63 Development Agreements 210 Jones, LLC.................................................................................................................................................. 376 Affordable Housing Network, Inc.(AHNI)................................................................................................ 168,216 BettyBuilding, LLC...........................................................................................................................................408 Cottinghamand Butler, Inc..............................................................................................................................498 DerbyGrange, LLC........................................................................................................................................... 375 Dubuque Racing Association, LTD...................................................................................................................... 37 East91h Street, 220.......................................................................................................................................... 217 Giese Properties, LLC....................................................................................................................... 116, 136, 164 GreenState Credit Union (GSCU).....................................................................................................................434 Hendricks' Feed and Seed Co., Inc...................................................................................................................227 HTLF................................................................................................................................................................. 498 Kretschmer, LLC.................................................................................................................................................61 Book 151 INDEX 541 MedlineIndustries, Inc....................................................................................................................................331 Oberbroeckling, Kenneth and Ned....................................................................................................................62 Offal Food Group, LLC (Termination)...............................................................................................................128 RoshekProperty, LLC.......................................................................................................................................227 Rouse and Dean Foundry Building, LLC..............................................................................................................28 Setzer Properties DBQ, LLC......................................................................................................................392, 447 SimmonsPet Food, Inc................................................................................................................................9, 307 ThreeAmigos, LLC............................................................................................................................................389 WalterDevelopment, LLC................................................................................................................................389 Wilmac.............................................................................................................................................................408 DiamondJo Casino............................................................................................................................... 243, 269, 287 Dickinson, Rick, Greater Dubuque Development Corporation President and CEO ...... 1, 35, 69, 104, 225, 265, 276, 359,482 Dickson, Alan, Dubuque Racing Association Director of Operations...................................................................264 DigitechComputer, LLC.......................................................................................................................................434 Digmann, Steve...................................................................................................................See Property Tax Appeal Dimensional Brewing Company...........................................................................................................................414 Disposing of City Interest.................................................................... 31, 89, 90, 118, 137, 171, 259, 339, 345, 496 Distinguished Budget Presentation Award..........................................................................................................131 Dmyterko, Mike, Coffman and Associates...........................................................................................................346 DockingLicense...................................................................................................................................................242 Dodd, Robin, Miller Riverview Park and Campground and Dubuque Water Sports Club Management .............286 DoghouseLounge................................................................................................................................................414 DolanJr., Keith.....................................................................................................................................................1, 8 DollarGeneral Store(s)..................................................................................................................................42, 243 Dollars and Cents Public Information Brochure........................................................................... 226, 309, 346, 357 Dollarsand Cents Video.......................................................................................................................................346 DowntownBilliards......................................................................................................................................287, 318 Downtown Rehabilitation Loan Program..................................................................................... 237, 330, 350, 374 Doyle, Bill.....................................................................................................................................................163, 172 Dragotto, Erin..................................................................................................................................................13, 74 Dragotto, Kevin, Dubuque County Auditor...................................................................................... 65, 81, 407, 419 Drew Cook and Sons Excavating Co. Inc.............................................................................. 268, 333, 384, 389, 433 DriftlessCatering, LLC..........................................................................................................................................353 DubJones Real Estate, LLC..................................................................................................................................350 Dubuque Area Chamber of Commerce.......................................................................................................... 69,431 Dubuque Area Convention and Visitors Bureau (a.k.a. Travel Dubuque)............................................................330 Dubuque Area Labor Harvest's food giveaway......................................................................................................91 Dubuque Area Labor -Management Council........................................................................................................238 DubuqueBowling Lanes......................................................................................................................................242 DubuqueCity Board of Review............................................................................................................................314 Dubuque Community Ice and Recreation Center........................................................................................313, 333 Dubuque Community School District(DCSD)..................................32, 146, 148, 153, 172, 227, 353, 361, 366, 422 Dubuque County Board of Supervisors...............................................................87, 88, 89, 163, 321, 322, 380, 466 Dubuque County Intergovernmental...................................................................................................................282 DubuqueCounty REAP 5-Year Plan.....................................................................................................................325 Dubuque Dream Center........................................................................................32, 34, 59, 60, 122, 144, 145, 238 Dubuque Eagles "Eyes on the Future"...........................................................................................................14, 482 Dubuque Golf and Country Club.....................................................................................20, 112, 113, 117, 137, 146 Dubuque Industrial Center Economic Development District... 87, 88, 134, 148, 153, 320, 355, 356, 360, 366, 379, 420, 422, 447 Dubuque Industrial Center North................................................................................................................351, 434 Dubuque Industrial Center West.........................................................................................................368, 392, 393 DubuqueInitiatives..............................................................................................................................................334 DubuqueIrish Hooley..................................................................................................................................307, 318 DubuqueJaycees................................................................................................................................. 302, 307, 353 DubuqueLodge No. 355......................................................................................................................................132 Dubuque Main Street, LTD.......................................................................................................... 238, 277, 287, 375 Dubuque Metropolitan Area Solid Waste Agency (DMASWA) ............................................................................312 542 INDEX Book 151 Dubuque Metropolitan Area Transportation Study (DMATS)............................................................. 225, 241, 261 DubuqueMining Co....................................................................................................................................... 82,243 DubuqueMuseum of Art....................................................................................................................... 13, 242, 353 DubuquePlumbing and Heating..........................................................................................................................490 Dubuque Police Department Brain Health Initiatives............................................................................................70 Dubuque Racing Association (DRA)..........................................................................................26, 37, 264, 302, 494 Dubuque Regional Airport................................................................................................................... 346, 446, 453 DubuqueReligious Center.....................................................................................................................................42 Dubuque Small Business Assistance Grant Program.............................................................................................57 Dubuque Tobacco and Grocery........................................................................................................... 204, 243, 318 DubuqueWine and Spirits...................................................................................................................................243 Dubuque YMCA/YWCA........................................................................................................................ 123, 272, 273 Dubuque's Oktoberfest....................................................................................................................................... 372 Dubuque's Black Heritage Survey................................................................................................................ 128,280 Duehr, Michael, Eagles "Eyes on the Future" Committee Chair............................................................ 14, 277, 482 Dungeon................................................................................................................................................................42 Dupaco Community Credit Union........................................................................................................................227 DupacoVoices, LLC.............................................................................................................................................. 227 DuRide................................................................................................................................................... 73, 167, 377 Durnin, Jody, Dubuque for Indigenous Peoples' Day Committee........................................................................372 Duster, Paul, Community Foundation of Greater Dubuque Director of Community Initiatives .................. 276,311 Dutchik, Bernard, ImOn Communications Vice President of Network Operations and Engineering ...................322 E.B. Lyons Interpretive Center.............................................................................................................................422 E.K.M. LLC, Developer..............................................................................................................................................9 EagleCountry Market.................................................................................................................................. 243,378 EaglePoint Park..................................................................................................................................... 75, 167,215 EaglePoint Water Plant.......................................................................................................................................167 Eagles"Eyes on the Future"................................................................................................................................. 277 EaglesClub.............................................................................................................................................................82 Earles, Amma, Loras College student..................................................................................................................163 EarlyChildhood Board.........................................................................................................................................123 Early Learning Center.....................................................................................................See Hirschbach Motor Lines East 14t" Street Railroad Grade Crossing.............................................................................................................241 East 22"d Street, 305-307....................................................................................... See Sale of City Owned Property East 9t" Street, 151 (Linseed Oil Paintworks Company Building).........................................................................408 East9th Street, 220................................................................................................................................................ 61 East Central Intergovernmental Association(ECIA)..................................................................................... 225,389 Eastern Iowa Excavating and Concrete, LLC.................................................................................................. 80,453 EasyStreet............................................................................................................................................................. 82 Economic Development Authority(IEDA).............................................................................................. 63, 331, 404 Ede, Tyler and Michelle....................................................................................................See Central Avenue, 2243 EducationalJustice Group..................................................................................................................................... 69 Edwards, Nicholas J. MD, Acting Fire Department Emergency Medical Services Division Medical Director ....... 268 Egelhof, Siegert and Casper Funeral Home and Crematory................................................................................318 Ehrlich Properties, LLC................................................................................................16, 21, 31, 130, 220, 259, 260 Eighty-four (84) Main, LLC...................................................................................................................................267 ElPaisano Grocery Store........................................................................................................................................ 29 Elizabeth Reuter 2018 Revocable Trust...............................................................................................................489 Emergency Operations Center(EOC)................................................................................................................... 268 EmergingLeader Award....................................................................................................................................... 293 Employment ConfidentialAccount Clerk..............................................................................................................................181 Finance Accounting Intern Hours......................................................................................................................28 Human Resources Department.......................................................................................................................515 Project and Facilities Manager........................................................................................................................515 EMSTeams..........................................................................................................................................................180 Book 151 INDEX 543 Enterprise Resource Planning(ERP).............................................................................................................131, 161 Environmental Protection Agency (EPA)..............................................................................................................450 Equitable Poverty Prevention and Reduction Plan................................................................................................60 Equitable Poverty Reduction and Prevention Plan.................................................11, 12, 13, 24, 69, 280, 322, 326 EquityPlan........................................................................................................................................... 210, 293, 325 Establishing Fees...............................................................................................95, 98, 103, 166, 209, 324, 401, 510 EstablishingSewer Rates.......................................................................................................................................94 Evans, Octavius, School Connector........................................................................................................................59 EveryVoice Matters.............................................................................................................................................372 Ewing, Jeff, Developer and owner of Vintage-Cooperatives................................................................................ 289 Excellence on the Waterfront Honor Award.......................................................................................................431 EZStop Stores........................................................................................................................................ 42, 243, 353 F F.H. Uelner Precision Tools and Dies, Inc..................................................................................................... 334,335 Face Covering Requirements............................................................................................... 163, 171, 208, 211, 212 Family Dollar Stores............................................................................................................................. 243, 287, 414 Farber, Susan R......................................................................................................................................................81 FarewayStores, Inc......................................................................................................................................115, 243 Farleyand Loetscher building..............................................................................................................................143 Farmer's Market..................................................................................................................................................178 Farrall, Alexis, Green Iowa AmeriCorps (GIA)......................................................................................................126 FasMart............................................................................................................................................... 243, 287, 318 FastFreddy's........................................................................................................................................................414 FatTuesday's............................................................................................................................................... 204,378 Federal Aviation Administration (FAA)................................................................................................................347 Federal Emergency Management Agency(FEMA)...............................................................................................314 Federal Historic Tax Credit National Sign On Letter.............................................................................................450 Felderman, Bob...........................................................................................................................................129, 277 FergusonWaterworks.........................................................................................................................................433 Fieldof Dreams............................................................................................................................................ 264,326 Fillinga Vacancy...................................................................................................................................................482 Firnstahl, Kevin, Sister City Relationships Committee of Travel Dubuque...........................................................372 First(1st ) and Main...................................................................................................................................... 287,318 FirstReading........................................................................................................................................ 122, 289, 308 FischerLanes.......................................................................................................................................................269 FitzGerald, Kyle........................................................................................................................................ 73, 76, 127 Five Flags Civic Center.........................................................................................10, 74, 81, 242, 328, 359, 432, 446 Five Flags Civic Center Advisory Commission......................................................................................................313 Minutes....................................................................................................................................................293, 312 Fleming, Katie, Sustainability and ESG Director...................................................................................................311 FlexsteelIndustries.............................................................................................................................................. 389 FlexsteelWay......................................................................................................................................... 9, 10, 23, 32 FloodHazard Overlay District..............................................................................................................................245 Flood Insurance Rate Map (FIRM).......................................................................................................................314 Foht, Denise.........................................................................................................................................................443 Food and Drug Administration Development Base Retail Flexible Model Grants ...............................................412 Forgivable Loan Pilot Program.............................................................................................................................422 Fountain of Youth........................................................................................................................ 34, 57, 59, 60, 238 Four Mounds......................................................................................................................... 80, 215, 325, 390, 487 Foundation......................................................................................................................... 91, 125, 199, 275, 276 Inn and Conference Center................................................................................................................................82 FourMounds Foundation............................................................................................................................125, 276 Four Oaks Family and Children's Services............................................................................................................123 Four Sisters Court, 9970........................................................................................ See Pre -Annexation Agreements FourthWard................................................................................................................................................466, 482 FoxDen Motel.....................................................................................................................................................438 Freibruger, Michaela, Dubuque County Energy District......................................................................................179 544 INDEX Book 151 Freund, Norm......................................................................................................................................................431 Friendsof Paradise Church..................................................................................................................................165 Friendsof the Mines of Spain.............................................................................................................................. 422 Frommelt, Dave, American Realty .......................................................................................................................441 FuelExpress Food Mart............................................................................................................................... 287,455 FujiAsian Buffet..................................................................................................................................................... 29 Fuller, Alison, Driftless Consulting ......................................................................................................................... 59 C G& R Tree Service....................................................................................................................................... 333,435 Gansen, Bill............................................................................................................................................................77 Garcia, Kelly, Iowa Department of Public Health Interim Director........................................................................10 Gardiner,Mallory, Loras College student and Dubuque Human Rights Commission Chair .................................163 GarfieldAve., 709................................................................................................................................................ 201 Gassman, Vickie, Mental Health America of Dubuque County............................................................................180 Gatch, Barbara and Calvin................................................................................................................................... 335 Gavilon facility (located at the Port of Dubuque).................................................................................................. 79 Geisz, Stephen....................................................................................................................................................... 77 GeneralBob Realty..............................................................................................................................................129 GenesisThree Holdings, LLC................................................................................................................................281 Giese Properties, LLC........................................................................................................................... 116, 136, 164 Gillig and Para Transit Buses........................................................................................................................ 268,313 Gilligan, Amy, Telegraph Herald..........................................................................................................................406 GinRickeys.............................................................................................................................................................42 Gino's East of Dubuque.........................................................................................................................................82 Goalsand Priorities..............................................................................................................................................498 GoldStandard Athletics.........................................................................................................................................82 Goodman Miller, Allen, Development Consultant............................................................................................... 276 Gordon, Dawnelle, Captain Robert L. Martin Commemoration Committee Member ........................................... 36 GovernanceSession.............................................................................................................................................124 Government Finance Officers Association (GFOA)........................................................................................ 20,131 GraceStreet................................................................................................................................................. 319,339 Grand Harbor Resort and Water Park..................................................................................................................438 Grand River Center.........................................................................................................74, 122, 129, 326, 327, 336 GrandRiver Medical Group........................................................................................................................... 82,118 GrandTap The..................................................................................................................................................... 336 Grant Agreements ....................... 8, 79, 165, 267, 279, 280, 330, 350, 374, 385, 403, 432, 433, 446, 450, 486, 488 Grant Applications ................. 9, 39, 80, 128, 241, 261, 267, 279, 289, 290, 322, 323, 325, 333, 350, 432, 450, 487 Grant Funding Recommendations.......................................................................................................................290 Grant/Agreements Purchase of Services.................................................................................................................... 32, 74, 123, 272 GrantsApproved...................................................................................................................................................80 Grants Awarded......................................................................................................................79, 330, 350, 374, 432 Grants of Easements Hike/bike trail.................................................................................................................................................. 335 Hike/Bike Trail................................................................................................................................................. 334 PrivateParking Lot...........................................................................................................................................118 PrivateRetaining Wall............................................................................................................................. 220,259 PublicUtilities.......................................................................................................................................... 334,335 Sanitary Sewer Utility.................................................................................................................. 17, 27, 114, 335 StormDrainage................................................................................................................................................114 T.S.D. Building Partnership, L.L.P.......................................................................................................................82 WaterMain Utility................................................................................................................................... 114,283 Grassley, Lee, Mediacom Communications Company Senior Manager of Government Relations .....................450 GrayfieldTax Credit Program.............................................................................................................................. 217 GraymontWestern Lime.....................................................................................................................................167 GreatVape, The................................................................................................................................................... 243 Greater Dubuque Development Corporation (GDDC)............................................11, 167, 178, 225, 238, 359, 482 Book 151 INDEX 545 GreenIowa AmeriCorps (GIA).............................................................................................................................179 Greene, Sue, ZTM Sober Living............................................................................................................................329 Greene, Tom, Davis Street.....................................................................................................................................75 GreenState Credit Union (GSCU).........................................................................................................................434 GronenRestoration, Inc.......................................................................................................................................453 Gronen, John, 1766 Plymouth Ct.........................................................................................................................122 Growing Sustainable Communities Conference....................................................................................................20 GRTDInvestments, LLC........................................................................................................................................373 GTDevelopment, LLC...........................................................................................................................................171 GTInvestments............................................................................................................................................132, 171 T X HACAP / Operation New View.......................................................................................................................11, 265 Haferbecker, Steve..............................................................................................................................................213 Hagerty, Duane, Heritage Works President and CEO..................................................................................122, 144 HalesMill Road....................................................................................................................................................281 Hamid, Masud..............................................................................................................................................293, 312 Hammerheads Bar and Billiards.....................................................................................................................82, 243 Hankel, Phyllis......................................................................................................................................................449 Hanson, Ken.........................................................................................................................................................312 Hanson, Shane and April........................................................................................................................................15 Happy Joe's Old Fashioned Ice Cream and Pizza Parlor.......................................................................................414 Happy's Place.......................................................................................................................................................455 Hartig Drug Company.............................................................................................................. 42, 82, 132, 218, 243 Hartig, Robert, 1804 Creekwood Drive..................................................................................................................23 Hawkeye Area Community Action Program(HACAP)............................................................................................11 HawkinsInc..........................................................................................................................................................352 HDREngineering, Inc............................................................................................................................. 19, 430, 498 HealthyHomes Program..............................................................................................................................165, 352 HeartlandFinancial USA, Inc................................................................................................................................227 Hebei, China.........................................................................................................................................................233 Helen Ridge Court.......................................................................................................................... 16, 130, 220, 259 Helgerson, Sandy, Dubuque Arboretum and Botanical Gardens Executive Director.............................................13 Hendricks Feed and Seed Co., Inc........................................................................................................ 226, 227, 390 HerMagazine's....................................................................................................................................................406 HeritageWorks............................................................................................................................................122, 144 HGAPT, LLC......................................................................................................................................................... 279 Hidden Valley Road, 8315...................................................................................... See Pre -Annexation Agreements Hilary, Jenny, Dubuque County Deputy Commissioner of Elections....................................................................482 HillcrestFamily Services.......................................................................................................................................409 Hillsand Dales Senior Center...............................................................................................................................432 Hilton Garden Inn and Q Casino and Houlihan's......................................................................................... 218,242 HirschbachMotor Lines.......................................................................................................................................450 HistoricMillwork District..................................................................................................................... 139, 140, 142 Historic Preservation Commission Members..................................................................................................224, 244, 307, 322, 338, 354, 456, 495 Minutes.........................................................................................................................14, 27, 105, 293, 406, 449 Recommendations............................................................................................................................................. 28 Historic Preservation Tax Credits.........................................................................................................................199 Historic Resources Development Program(HRDP)......................................................................................128, 280 Historic US Highway 20 Auto Trail....................................................................................................................... 292 HistoricalSociety............................................................................................................................... 13, 74, 80, 487 Hoerner, Sally A......................................................................................................See Pre Annexation Agreements Hoffmann, Nicholas and Kaylyn............................................................................. See Pre -Annexation Agreements Hoffy's.................................................................................................................................................................... 82 Holder, Joshua.....................................................................................................................................................449 HolidayInn Dubuque Five Flags...........................................................................................................................494 HolySpirit Church................................................................................................................................................336 546 INDEX Book 151 Hopsand Rye.........................................................................................................................................................82 Horsfield Construction, Inc.......................................................................................................................... 289,333 HotelJulien Dubuque..........................................................................................................................................438 Houseof China Co....................................................................................................................................... 287,318 Housing and Urban Development (HUD)......................................................................................................... 69,73 Housing Appeals and Mediation Board Members..........................................................................................................................23, 31, 67, 89, 244, 269 Housing Choice Vouchers(HCVs)................................................................................................... 69, 207, 293, 333 HousingCommission....................................................................................................................................... 24,57 MeetingSchedule............................................................................................................................................429 Members................................................................................................................................... 89, 118, 307, 322 Minutes...................................................................................................27, 36, 77, 105, 180, 213, 265, 373, 485 Recommendations............................................................................................................................................. 69 HousingTIF Agreement......................................................................................................................................... 21 Housing Trust Fund Advisory Committee.............................................................................................................. 57 Members................................................................................................................................. 307, 322, 339, 354 Howie Block, 278 West 171h Street......................................................................................................................172 Hub, The..............................................................................................................................................................132 HUD -Veteran Affairs Supportive Housing(VASH)................................................................................................487 HumanRights Commission....................................................................................................................................24 Members..................................................................................................................11, 23, 31, 89, 118, 134, 169 Minutes.................................................................................................................................36, 77, 213, 373, 449 Request for Commissioner Removal............................................................................................................ 43,68 HumanTrafficking............................................................................................................................................... 333 HybridMeetings.................................................................................................................................. 178, 263, 275 Hy-Vee Store(s)...........................................................................................20, 42, 82, 115, 242, 243, 287, 318, 378 Ichiban Habachi Steakhouse and Sushi Bar.........................................................................................................204 IchibanRealty, LLC........................................................................................................................................... 17,27 IIW, P.0..................................................................................................................................................................40 ImagineDubuque........................................................................................................................ 128, 310, 328, 484 ImOn Communications LLC.............................................................................................63, 114, 322, 323, 412, 482 Improvement Contracts / Performance, Payment and Maintenance Bonds................130, 167, 303, 333, 352, 377 Inclusive Dubuque....................................................................................................................... 180, 238, 275, 311 Industrial Center Economic Development District...................................................................................... 135,227 Intelligent Transportation System (ITS).................................................................................................................19 Intent to Dispose ................... 22, 65, 82, 89, 116, 132, 168, 171, 220, 260, 287, 320, 345, 392, 415, 445, 456, 494 Interstate Power and Light (IPL)............................................................................................................ 63, 203, 353 Investment Oversight Advisory Commission Members................................................................................................................................. 395, 416, 456, 495 Minutes............................................................................................................................................................ 431 Iowa and Minnesota Campus Compact Engaged Campus Award.......................................................................163 Iowaand Wisconsin Bridge..................................................................................................................................353 Iowa Arts and Culture Emergency Relief Fund Award...........................................................................................10 Iowa Arts Council American Rescue Plan Arts Grant........................................................................................... 350 IowaCARES Act....................................................................................................................................................432 Iowa City/County Managers Association(IaCMA)...............................................................................................293 Iowa Commission on Volunteer Service..............................................................................................................409 Iowa Communities Assurance Pool(ICAP)...........................................................................................................200 Iowa Conservation Education Coalition Award.....................................................................................................77 Iowa Department of Agriculture and Land Stewardship(IDALS)......................................................... 209, 377, 490 Iowa Department of Cultural Affairs (IDCA).........................................................................199, 215, 280, 432, 433 Iowa Department of Inspections and Appeals............................................................................................... 20,313 Iowa Department of Natural Resources(IDNR)....................................................................107, 226, 351, 382, 422 Iowa Department of Public Health (IDPH)...........................................................................................................352 Iowa Department of Transportation (IaDOT) ...39, 40, 203, 205, 239, 240, 241, 258, 314, 353, 373, 404, 411, 421, 491 Book 151 INDEX 547 Iowa Economic Development Authority.......................................................................................... 9, 199, 331, 488 IowaFederal Legislators......................................................................................................................................279 Iowa Finance Authority (IFA)..............................................................................25, 44, 90, 267, 332, 340, 476, 487 Iowa Greyhound Association....................................................................................................................... 392,420 Iowa League of Cities(ILC)................................................................................................... 178, 275, 371, 385, 484 Iowa Natural Heritage Magazine.........................................................................................................................216 Iowa Society of Solid Waste Operations Awards.................................................................................................406 Iowa State Fire Marshal Fireworks Grant Program.............................................................................................. 302 Iowa State University Extension(ISU)..................................................................................................................432 IowaStreet, 1560.................................................................................................................................................433 Iowa Street, 1659, 1665, 1671 and 1677.....................................................................................................132, 171 IowaStreet, 1699.................................................................................................................................................374 IowaTourism....................................................................................................................................... 350, 450, 488 IowaUrban Renewal Report................................................................................................................................407 Iowa Values Funds Financial Assistance Contract..................................................................................................63 Iowa Water Pollution Control Works Financing Program......................................................................................29 Isenhart, Chuck, Iowa State Representative of House District 100.....................................................................332 ITC Midwest, LLC............................................................................................................................ 37, 406, 450, 488 JacksLounge........................................................................................................................................................438 JacksonStreet, 2501....................................................................................................................................165, 172 JacksonStreet, 3400............................................................................................................................................389 JacksonStreet, 868..............................................................................................................................................139 JacksonStreet, 898.............................................................................................................................. 139, 142, 389 Jackson, Earnest...................................................................................................................................................264 JahnkeCohen, Lavonne.......................................................................................................................................456 Jahnke, Virginia....................................................................................................................................................456 Jayde's Vapor Lounge..........................................................................................................................................243 JaylinInc..............................................................................................................................................................105 Johanna Favrot Fund for Historic Preservation.....................................................................................................80 John F. Kennedy Road Sidewalk Installation........................................................................................ 210, 220, 261 Johnson, [Ashley] Ashlynn............................................................................................................................... 36,61 Johnstad, Tim...............................................................................................................................................171, 180 JolietBuilding Corporation..................................................................................................................................242 JonesReal Estate, LLC..........................................................................................................................................350 Jones, Caprice, Fountain of Youth Program Executive Director .................................................................... 59,449 Jones, Jackie..................................................................................................................................................... 60,61 Jordan, Jennifer, Iowa Society of Solid Waste Operators....................................................................................406 JTMProperties, LLC............................................................................................................................................... 79 Jubeck New World Brewing......................................................................................................... 168, 204, 269, 287 Jule Transportation System....................................................................28, 205, 258, 264, 333, 353, 407, 408, 409 JulienDubuque Bridge.........................................................................................................................................203 JuneteenthCelebration.......................................................................................................................................264 Justice Assistant Grant (JAG) Application............................................................................................................279 119 K&L Leasing, LLC.................................................................................................................................. 279, 486, 495 Kane, Brain...........................................................................................................................................................496 Kasza, Nick, National League of Cities (NLC) Sustainability Program Manager....................................................450 KatherineA. Kalb Trust........................................................................................................................................ 302 KatieCove, 9843..................................................................................................................................................347 Kaune, Allison, 155 Fremont Ave...........................................................................................................................69 Kay, Clyde............................................................................................................................................................105 Keehner, Laura, Hills and Dells Director of Autism Services................................................................................104 Keeping National Service National.........................................................................................................................80 Kemp, Jesse E. and Jessica P....................................................................................................See Sanitary Easment 548 INDEX Book 151 KenKringle Awards..............................................................................................................................................172 Key West Drive, 10495........................................................................................... See Pre -Annexation Agreements KeywestConoco.......................................................................................................................................... 287,318 Kimble, Nakiah, School Connector.........................................................................................................................59 Kimble, Robert, Dubuque Dream Center Executive Director........................................................... 34, 59, 122, 144 KirbyBuilding.......................................................................................................................................................143 Klavitter, David............................................................................................................................................ 122,164 Kluesner, Karen....................................................................................................................................................406 Knicker's Saloon...................................................................................................................................................353 Knuckey, Ryan, Director of Transportation Services............................................................................................407 Koehler, Jordan......................................................................................................................................................15 Koehler, Robert......................................................................................................................................................27 Koehler, Ronald............................................................................................................................................... 27,60 Konnexion, The............................................................................................................................................ 132,243 Krapfl, Brittany.....................................................................................................................................................208 Kress, Scott.......................................................................................................................................................... 449 Kretschmer, LLC............................................................................................................................................. 61,217 Krier, Allyssa........................................................................................................................................................164 Kronlage, Julie, Women's Leadership Network...................................................................................................180 Kurczek, Dr. Jake, PhD, Loras College Assistant Professor of Neuroscience and Psychology..............................163 Kwik Star Stores........................................................................................................................... 243, 269, 287, 318 Kwik Stop Stores...........................................................................................115, 132, 243, 287, 318, 391, 414, 438 L L. May Eatery.......................................................................................................................................................414 Labor Harvest's Annual Food Giveaway..............................................................................................................178 Land and Water Conservation Fund(LWCF)........................................................................................................351 LandlordIncentives...............................................................................................................................................92 Landscape Architect and Specifier News Magazine............................................................................................... 39 LaPlante, Kathy, Main Street America................................................................................................................. 277 Last, Jeffrey.......................................................................................................................................................... 1,8 Laudeville Road, 8939...............................................................................................................See Pre -Annexations Lawsuit, Simon vs. City of Dubuque and Police Chief Dalsing..............................................................................200 Lease Agreements.................................................................................. 37, 117, 129, 137, 353, 392, 415, 420, 445 Legal Aid Fair Housing Initiatives Program Grant................................................................................................239 Legislative Priorities..................................................................................................................11, 59, 124, 325, 371 Letter of Support..............................................................................................10, 80, 216, 217, 324, 391, 450, 487 Leute, Kevin and Sue........................................................................................................................................... 1,8 Levasseur, Ali, Dubuque County Fine Arts Society Chairwoman...........................................................................13 LibertyRecovery House.......................................................................................................................................264 Library Board of Trustees Council Updates............................................................................................36, 77, 164, 312, 347, 373, 431, 449 Members................................................................................................................................................. 269,288 Minutes....................................................................... 1, 27, 36, 77, 127, 180, 213, 234, 265, 312, 329, 373, 449 Lift, The........................................................................................................................................................ 287,318 Lin, Ken, K&L Leasing, LLC....................................................................................................................................495 Lina's Lounge.......................................................................................................................................................414 Lina's Thai Bistro..................................................................................................................................................115 Link, Mark and Diane................................................................................................................................... 293,294 Linseed Oil Paintworks Company Building...................................................................................................408, 409 LiquorTobacco and Gas............................................................................................................................... 132,243 Liquor, Tobacco and Grocery....................................................................................................................... 168,243 Livai, Marylynn, Inclusive Dubuque and the Pacific Islander Health Project .......................................................180 Loan and Disbursement Agreements........................................................... 25, 44, 67, 90, 106, 319, 340, 438, 466 LoBianco, Dan, Dubuque Main Street..................................................................................................................277 LocustTobacco and Liquor..................................................................................................................................353 Loewen, Donna, Community Foundation of Greater Dubuque Local College Access Network Coordinator ......346 Loguidice, Tom.....................................................................................................................................................497 Book 151 INDEX 549 Long Range Planning Advisory Commission..........................................................................................................57 Members......................................................................................................23, 31, 129, 224, 245, 332, 339, 354 Minutes......................................................................................................................................................27, 406 Lopez Ortiz, Clara, Community Foundation of Greater Dubuque Equity Coordinator.........................................311 Loras College Campus Center..............................................................................................................................132 Los Aztecas Mexican Restaurants................................................................................................................ 242,336 LotOne, LLC.........................................................................................................................................................132 Lott, Allison..........................................................................................................................................................277 LouisMurphy Park...............................................................................................................................................409 Low -and Moderate-Income(LMI).................................................................................................................. 57,272 Lowes100 Hometowns............................................................................................................................... 106,268 Luckstead, Jon D..................................................................................................................................................378 LyleSumek Associates, Inc........................................................................................................................... 326,327 Lynch, Kevin, Serving as the Ward 1 Council Member...........................................................................................70 Lyons, David, Greater Dubuque Development Corporation Sustainable Innovation Consultant........ 293, 323, 482 M MagnoliaEvents LLC, The.................................................................................................................................... 353 Mailingand Inserting Machine............................................................................................................................137 MainStreet Social................................................................................................................................................115 MainStreet, 1043-1053.........................................................................................................................................79 MainStreet, 253....................................................................................................................................................62 MainStreet, 90............................................................................................................................................168, 207 MajorLeague Baseball (MLB)..............................................................................................................................264 Manders, Jenna, Community Foundation of Greater Dubuque Director of Strategic Relationsl, 35, 104, 163, 265, 279 Marco's Italian American Food............................................................................................................................168 Mario's Italian Restaurant and Lounge..................................................................................................................20 Marita Theisen Childcare Center................................................................................................................. 272,273 Martin Luther King Jr.(MLK).................................................................................................................... 25, 26, 350 Martin, Dominique and Gabrielle, Captain Robert L. Martin Commemoration Committee Members .................36 Maskay, Biniv.........................................................................................................................................................36 MasonDixon Saloon............................................................................................................................................ 218 Mason, Perry, Radio Dubuque General Manager........................................................................................146, 302 Master Co -Location and Shared Services Agreement.................................................................... 63, 114, 203, 353 MathiasHam House........................................................................................................................................ 74,80 Mayne, Daniel "Joe"..............................................................................................................................................77 MayorRoy D. Buol - Recognition.........................................................................................................................485 MBMSD, LLC........................................................................................................................................................164 McAleece Park and Recreation Complex...............................................................................................................82 McCauley, Latoya, School Connector....................................................................................................................59 McClain, Mark J. .................................................................................................................................................. 281 McClellan, Racquel, Dubuque Dream Center Executive Assistant.........................................................................59 McCullough, Jack,Tamarack Property Owners Association.................................................................................419 McDermott Excavating Company, Inc.................................................................................. 303, 304, 352, 377, 433 McDonnell, Margie..............................................................................................................................................456 McGonigle, Dustin...............................................................................................................................................265 McKinzie Flanagan, City of Dubuque Health Services Department Animal Control Officer.................................104 Mediacom Communications Company........................................................................................................ 213,450 Medline Industries, Inc........................................................................................................................ 331, 332, 404 Memorandum of Understanding(MOU).............................................................................................................226 Merrick, Cerrie, Hillcrest Family Services Vice President of Behavioral Health...................................................126 MetzManufacturing Company..............................................................................................................................28 Midwest Concrete, Inc........................................................................................................... 40, 131, 239, 410, 421 MidwestVapors...................................................................................................................................................243 Mihm-Herold, Wendy, Northeast Iowa Community College............................................................................... 276 MillworkMarketplace...................................................................................................................................... 20,42 Millwork Night Market................................................................................................................................ 307,353 550 INDEX Book 151 Minnesota Board of Water and Soil Resources................................................................................................... 324 Minnick, Chuck......................................................................................................................................................15 Minority -Owned Business Support - Efforts and Partnerships............................................................................105 MiracleLeague of Dubuque......................................................................................................................... 313,326 Moez, Joseph.......................................................................................................................................................235 Moilien, Abbie, Saiki Design.................................................................................................................................161 Mondale, Walter, former United States Vice President......................................................................................162 MonksKaffee Pub................................................................................................................................................132 MontanaHouse, LLC........................................................................................................................................8, 172 Monticello Drive, 9565, 9607, 9610, 9620, and 9653...................................................198, 266, 302, 433, 489, 490 Moody's Investors Service........................................................................................................................... 172,209 MoondogMusic................................................................................................................................................... 243 Moracco, The.......................................................................................................................................................494 Morarend, Luke................................................................................................................................................... 312 MortonSalt, Inc...................................................................................................................................................286 Mosle, Mira, Dubuque International Day of Peace Coordinating Committee..................................................... 329 MIREDIA, LLC............................................................................................................................................... 331,404 Mulfinger, Dylan, City of Oelwein City Administrator.......................................................................................... 293 MulgrewOil Company.........................................................................................................................................488 Multicultural Family Center (MFC).............................................................40, 63, 74, 216, 303, 304, 377, 385, 493 Murphy, Bruce.....................................................................................................................................................180 Musicin the Gardens........................................................................................................................................... 310 MyCap Vendors.................................................................................................................................................. 243 Mystique Community Ice Center......................................................................................................... 333, 336, 435 Nachtman, Cyndy, Creekwood Drive.....................................................................................................................74 Nadermann, Dan.................................................................................................................................................487 National Association for the Advancement of Colored People (NAACP) ......................................................... 25,36 NationalElectric Code......................................................................................................................................... 503 National Endowment for the Arts(NEA)...................................................................................................... 290,484 NationalHousing Trust Fund............................................................................................................................... 267 National League of Cities (NLC)..........................................................................................9, 91, 123, 292, 450, 484 National Mississippi River Museum and Aquarium............................................................................. 336, 450, 487 NationalNight Out............................................................................................................................................... 310 NationalPark Service...........................................................................................................................................199 National Register of Historic Places....................................................................................................... 28, 247, 256 National Service Recognition Day Awards...........................................................................................................406 Native American Land Acknowledgement........................................................................................................... 372 Neighborhood Quick Mart ........................................................................................................................... 242,243 NextPhase Bar.....................................................................................................................................................455 NEZTROP, LLC...................................................................................................................................................... 316 Noel, Lavonne, Hospice of Dubuque...................................................................................................................406 Noonan's Tap......................................................................................................................................................... 20 North Grandview Estates Housing Urban Renewal Area................................................21, 31, 32, 33, 86, 134, 146 North Grandview Estates No. 2................................................................................................15, 33, 130, 220, 259 Northeast Iowa School of Music (NISOM)...........................................................................................................446 NorthsideBar, Inc..................................................................................................................................................43 Norton, Patrick, Buesing and Associates............................................................................................................. 289 Notice of Funding Availability (NOFA)................................................................................................................. 333 0 Obeforth, Keith, University of Dubuque Assistant Vice President....................................................................... 339 Oberbroeckling, Kenneth and Ned........................................................................................................................ 62 Oberbroeckling, Kevin...........................................................................................................................................43 Occupational Safety Health Administration (OSHA)..............................................................................................97 OffalFood Group, LLC..........................................................................................................................................128 Book 151 INDEX 551 Officeof Shared Prosperity....................................................................................................................................60 Oglesby- Ram bousek, Diane, Michael W. Oglesby Foundation............................................................................431 OkyDoky#1......................................................................................................................................................... 204 OldChicago Pizza and Taproom...........................................................................................................................168 OldMule, LLC.......................................................................................................................................................359 Olive Garden Italian Restaurant...........................................................................................................................168 OohLa La............................................................................................................................................................. 242 OpeningDoors.....................................................................................................................................................123 Operation New View(ONV).................................................................................See HACAP / Operation New View Oppelt, Mike........................................................................................................................................................359 OpportunityZone program..................................................................................................................................279 Ordinances No. 01-21 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying property described as Lot 1 Dubuque Industrial Center Second Add, all in the City of Dubuque, from PI Planned Industrial District to C-3 General Commercial District........................................................23 No. 02-21 Providing that general property taxes levied and collected each year on all property located within the North Grandview Estates Housing Urban Renewal Area, in the City of Dubuque, County of Dubuque, State of Iowa, by and for the benefit of the State of Iowa, City of Dubuque, County of Dubuque, Dubuque Community School District and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said City in connection with said North Grandview Estates Housing Urban Renewal Area ......................32 No. 03-21 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located at 7869 Commerce Park from CS Commercial Service and Wholesale District to C-3 General Commercial District..........................................................................44 No. 04-21 Amending City of Dubuque Code of Ordinances Title 15 Planning and Zoning, Chapter 2 Long Range Planning Advisory Commission, Sections 15-2-5 Membership and 15-2- 7 Terms........................................57 No. 05-21 Amending City of Dubuque Code of Ordinances Title 2 Boards and Commissions, Chapter 5 Housing Agency and Community Development Commissions....................................................................................57 No. 06-21 Establishing City of Dubuque Code of Ordinances Title 13 Public Utilities, Chapter 1 Water Use and Service, Article C Rates, Section 13-1C-1(A) Fixing Water Rates for Residential, Commercial, Industrial, and allother uses..................................................................................................................................................93 No. 07-21 Establishing the City of Dubuque Code of Ordinances Title 13 Public Utilities Chapter 1 Water Use and Service, Article C Rates Section 13-1C-2 Fixing Water Rates for Fire Sprinkler Service ..........................93 No. 08-21 City of Dubuque Code of Ordinances Title 13 Public Utilities, Chapter 2 Sewers and Sewage Disposal, Article C Rates, Section 13-2C-3 Rates Established for FY22..........................................................95 No. 09-21 Amending City of Dubuque Code of Ordinances Title 13 Public Utilities, Chapter 6 Solid Waste, Sections 13-6-1 Definitions; 13-6-3 Container Requirements; Collection Restrictions; 13-6-6 Storage and Accumulation Restricted; 13-6-7 Hazardous and Prohibited Wastes Regulated; and Title 13 Public Utilities, Chapter 6 Solid Waste, Article A City or Private Collection Service, Sections 13-6A-2 Availability Of Collection Services; 13-6A-3 Frequency, Time And Areas Of Collection; 13-6A-4 Placement Of Containers For Collection; 13-6A-6 Rates And Charges Established; Exceptions; 13-6A-8 Yard Waste And Food Scraps; 13-6A-9 Private Collection Service.................................................................................................................95 No. 10-21 Amending City of Dubuque Code of Ordinances Section 13-4-5 (D) SFU Rate, Charges; Utility Revenues.....................................................................................................................................................103 No. 11-21 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by Amending 16-9-5-3 City Council Action, 16-11-2 Applicability and 16-13-2 Applicability to remove references to Southwest Arterial Moratoriums and Subdivision Review....................................................138 No. 12-21 Amending Title 16 of the Unified Development Code of the City of Dubuque Code of Ordinances by rescinding Ordinance 30-19 which provides regulations for a PUD Planned Unit Development District with a Planned Commercial Designation for the Historic Millwork District PUD and now being amended to allow the removal of the building behind 898 Jackson Street (Parcel#10-24-484-002).......................................139 No. 13-21 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 and 1628 White Street..............................................................144 No. 14-21 Amending Ordinance No. 2-21, providing that General Property Taxes levied and collected each year on all property located within the North Grandview Estates Housing Urban Renewal Area, in the City of Dubuque, County of Dubuque, State of Iowa, by and for the benefit of the State of Iowa, City of Dubuque, County of Dubuque, Dubuque Community School District and other Taxing Districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, 552 INDEX Book 151 including bonds issued or to be issued, incurred by said City in connection with said North Grandview Estates Housing Urban Renewal Area..........................................................................................................146 No. 15-21 Amending Ordinance No. 45-18, previously amended, providing that General Property Taxes levied and collected each year on all property located within the Amended and Restated Dubuque Industrial Center Economic Development District Urban Renewal Area of the City of Dubuque, County of Dubuque, State of Iowa, by and for the benefit of the State of Iowa, City of Dubuque, County of Dubuque, Dubuque Community School District, and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said City in connection with the Amended and Restated Dubuque Industrial Center Economic Development District Urban Renewal Redevelopment Project...................................................................148 No. 16-21 Amending Ordinance No. 15-21, previously Amended, providing that General Property Taxes levied and collected each year on all property located within the Amended and Restated Dubuque Industrial Center Economic Development District Urban Renewal Area of the City Of Dubuque, County of Dubuque, State of Iowa, by and for the benefit of the State of Iowa, City of Dubuque, County of Dubuque, Dubuque Community School District, and other Taxing Districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said City in connection with the Amended and Restated Dubuque Industrial Center Economic Development District Urban Renewal Redevelopment Project...................................................................153 No. 17-21 Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Building Codes, Article J Property Maintenance Code, Section 14-1J- 2 International Property Maintenance CodeAmendments......................................................................................................................................177 No. 18-21 Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Building Codes, Article K International Existing Building Code, Section 14-1K-2 International Existing BuildingCode Amendments........................................................................................................................177 No. 19-21 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located at 3049 Asbury Road from C-2 Neighborhood Commercial Shopping Center District to C-3 General Commercial District with conditions as established in the attached Memorandum of Agreement................................................................................................. 207 No. 20-21 Amending City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 14 Parking, Division 3 Municipal Parking Lots, Section 9-14-321.645 Meters; Time and Fee Schedule for SpecificLots................................................................................................................................................. 209 No. 21-21 Amending City of Dubuque Code of Ordinances Title 6 Health, Housing, Sanitation and Environment, Chapter 1 Health and Safety Regulations, Section 2 Face Covering Requirement................211 No. 22-21 Amending Ordinance No. 16-21, previously amended, providing that general property taxes levied and collected each year on all property located within Amended & Restated Dubuque Industrial Center Economic Development District Urban Renewal Area of City of Dubuque, County of Dubuque, State of Iowa, by & for benefit of the State of Iowa, City of Dubuque, County of Dubuque, Dubuque Community School District, & other taxing districts, be paid to a special fund for payment of principal & interest on loans, monies advanced to & indebtedness, including bonds issued or to be issued, incurred by said city in connection with Amended & Restated Dubuque Industrial Center Economic Development District Urban Renewal Redevelopment Project by Removing Subarea B from the Division Of Revenues ........................ 227 No. 23-21 Amending City of Dubuque Code of Ordinances Title 6 Health, Housing, Sanitation and Environment, Chapter 4 Nuisances, Section 6-4-4 Public Nuisances Prohibited; Authority to Abate .........233 No. 24-21 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by repealing Section 6-4 Flood Hazard Overlay District and enacting a new Section 6-4 Flood Hazard Overlay District to comply with National Flood Insurance Program Requirements..................................................245 No. 25-21 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, rescinding Ordinance 36-19 and approving an amended Conceptual Development Plan for the Padre Pio Health Care Center and Assisi Village Planned Unit Development..............................................................257 No. 26-21 Amending City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 7 Operation, Division 5 Speed Restrictions, Section 9-7-321.285 Limits Generally by amending the speed limit for a portion of Seippel Road from 45 M.P.H. to 35 M.P.H.........................................................................262 No. 27-21 Amending City of Dubuque Code of Ordinances Title 1 Administration, Chapter 6 Mayor and City Council, Section 1-6-2 Compensation..........................................................................................................271 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 DubuqueDevelopment................................................................................................................................308 Book 151 INDEX 553 No. 29-21 Amending City of DBQ Code of Ordinances Title 4 Business and License Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits, Sections 4-213-7 Proof of Financial Responsibility, 4-213-8 Fees and Surcharges, and 4-26-9 Action by Council.................................................324 No. 30-21 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by amending Chapter 16-2-3, Definitions, to add a definition of Registered Child Development Home, and by amending Articles 16-5-7 (OR), 16-5-8 (OS), 16-5-9 (OC), 16-5-10 (C-1), 16-5-11 (C-2), 16-5-12 (C-2A), 16-5- 13 (C-3), 16-5-14 (C-4), 16-5-15 (C-5), 16-5-16 (CS), 16-5-17 (CR), 16-5-18 (LI), 16-5-19 (HI), and 16-5-20 (MHI) by adding Registered Child Development Home to the list of permitted uses..................................354 No. 31-21 Amending Ordinance No. 22-21, previously amended, providing that general property taxes levied & collected each year on all property located within Amended & Restated Dubuque Industrial Center Economic Development District Urban Renewal Area of City of Dubuque, County of Dubuque, State of Iowa, by and for benefit of State of Iowa, City of Dubuque, County of Dubuque, Dubuque Community School District, & other taxing districts, be paid to a special fund for payment of principal & interest on loans, monies advanced to & indebtedness, including bonds issued or to be issued, incurred by said city in connection with the Amended & Restated Dubuque Industrial Center Economic Development District Urban Renewal Redevelopment Project by removing part of Subarea C from Division of Revenues . ........ 361 No. 32-21 Amending Ordinance No. 31-21, previously amended, providing that general property taxes levied & collected each year on all property located within Amended & Restated Dubuque Industrial Center Economic Development District Urban Renewal Area of City of Dubuque, County of Dubuque, State of Iowa, by and for the benefit of the State of Iowa, City of Dubuque, County of Dubuque, Dubuque Community School District, & other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said city in connection with Amended & Restated Dubuque Industrial Center Economic Development District Urban Renewal Redevelopment Project by adding Subarea 0 to Division of Revenues.................366 No. 33-21 Amending City of Dubuque Code of Ordinances Title 8 Human Rights...........................................383 No. 34-21 Amending Title 16 of Unified Development Code of City of Dubuque Code of Ordinances by rescinding Ordinance 41-91 which provides regulations for a PUD Planned Unit Development District with a PC Planned Commercial Designation for Westmark Corporate Center & adopting amended PUD Ordinance to allow Drive -Through Pharmacies when associated with permitted principal & accessory uses .............395 No. 35-21 FAILED due to Zoning Advisory Commission recommendation to deny rezoning request for 684 KaneStreet..................................................................................................................................................400 No. 36-21 Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Building Codes, Article 1 Property Maintenance Code, Section 14-11- 2 International Property Maintenance CodeAmendments......................................................................................................................................400 No. 37-21 Amending Ordinance No. 32-21, previously amended, providing that general property taxes levied & collected each year on all property located within Amended & Restated Dubuque Industrial Center Economic Development District Urban Renewal Area of the City of Dubuque, County of Dubuque, State of Iowa, by & for the benefit of the State of Iowa, City of Dubuque, County of Dubuque, Dubuque Community School District, & other taxing districts, be paid to a special fund for payment of principal & interest on loans, monies advanced to & indebtedness, including bonds issued or to be issued, incurred by said city in connection with Amended and Restated Dubuque Industrial Center Economic Development District Urban Renewal Redevelopment Project by adding Subarea P to the division of revenues....................................422 No. 38-21 Amending City of DBQ Code of Ordinances Title 2 Boards & Commissions, Chapter 5 Housing Agency & Community Devel. Commissions, Article B Housing Commissions, Section 2-513-10 Meetings ... 430 No. 39-21 Amending Title 16 of the Unified Development Code of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at Bies Drive from C-3c General Commercial with conditions to PUD Planned Unit Development District with a PR Planned Residential District Designation and adopting a Conceptual Development Plan for two 28-unit multi -family residential buildings with detachedgarages.........................................................................................................................................441 No. 40-21 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying Lot 1 - 1 Evelyn Tharp Place Located at the corner of Peru Road, Louise Street and Monroe Avenue from R-1 Single -Family Residential District to R- 3 Moderate Density Multi -Family Residential ZoningDistrict..............................................................................................................................................444 No. 41-21 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located at 1597 Delhi Street from ID Institutional District to C-2 Neighborhood Shopping Center District......................................................................................................444 No. 42-21 Amending City of Dubuque Code of Ordinances Title 2 Boards and Commissions, Chapter 6 Resilient Community Advisory Commission, Section 2-6-10 Meetings........................................................446 554 INDEX Book 151 No. 43-21 Amending Title 1 Administration of City of DBQ Code, by amending Chapter 8 Elections, Precincts & Wards, by updating precinct boundaries to reflect the 2021 Wards & Precincts Redistricting Plan ........... 457 No. 44-21 Amending City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 1 General Provisions, Section 9-1-321.1 Definitions.......................................................................................482 No. 45-21 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located at 701 Bluff Street from C-4 Downtown Commercial District to OR Office Residential District......................................................................................................495 No. 46-21 Requiring the City Manager to develop, with the approval of the City Council, written guidelines to establish general procedures and standards, consistent with all applicable federal and state laws, for the siting, construction, installation, collocation and aesthetics of Fiber to the Home/Business within the city's right-of-way and on city property................................................................................................................498 No. 47-21 Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 4 Licensing of Vacant and/or Abandoned Buildings.......................................................................................499 No. 48-21 Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Building Codes, Article D Electrical Code..................................................................................................... 503 OriginDesign Co.................................................................................................................................. 303, 409, 430 Orwell, Greg, Executive Director for DuRide......................................................................................................... 73 Otting, Sarah........................................................................................................................................................482 P Pacific Islander Health Project.............................................................................................................................180 PadrePio Health Care Center..............................................................................................................................257 Panchero's Mexican Grill.....................................................................................................................................115 ParagonSquare...................................................................................................................................................128 Park and Recreation Advisory Commission Members................................................................................................................................................. 224,245 ParoFood Mart............................................................................................................................................ 168,243 PARSONS..............................................................................................................................................................167 Patzner, Troy, City Assessor................................................................................................................................. 314 Paul's Tavern........................................................................................................................................................ 269 Peacock, Daved C. and Cheryl A..........................................................................................................................198 Peiffer, John........................................................................................................................................................... 77 PepperSprout, Inc...............................................................................................................................................455 Perpetual Flowage Easement..............................................................................................................................260 PeruRoad, 4392.................................................................................................................................................. 325 PeruRoad, 723....................................................................................................................................................444 Peters, Steve........................................................................................................................................................359 Peterson, Ryan, RDG Planning & Design Senior Partner......................................................................................485 Pete'sThai Kitchen, LLC.......................................................................................................................................336 Petition to Vacate.............................................................................................................10, 23, 117, 137, 319, 339 Phillips66/Arby's......................................................................................................................................... 243,353 PhoenixTheatres...................................................................................................................................................82 Pioneer's Rest Stop...................................................................................................................................... 242,243 PitStopCarryout.......................................................................................................................................... 414,494 Platinum Hospitality Group, LLC.......................................................................................................... 217, 303, 352 Plats of Survey..................................................................................................................9, 112, 128, 197, 314, 434 Pooler, Tionna, Independent Public Advisors President......................................................................................172 Portof Dubuque Marina................................................................................................................................ 82,243 Portzen Construction, Inc............................................................................................................................ 167,306 Pratt, Mike, former City Council Member........................................................................................................... 275 Pre -Annexation Agreements Birkenholz, Spencer J. and Emily A.................................................................................................................. 349 Breiner, Ronald W. and Jessalynn J.................................................................................................................. 280 Dennis J. and Carol A. Schmitt Estates............................................................................................................. 237 Donald R. and Barbara K. Preston....................................................................................................................489 Elizabeth Reuter 2018 Revocable Trust...........................................................................................................489 GenesisThree Holdings, LLC............................................................................................................................281 HarryJ. and Mary E. Althaus............................................................................................................................451 Book 151 INDEX 555 Hoffmann, Nicholas and Kaylyn.......................................................................................................................349 Isidore and Dayna Haverland...........................................................................................................................388 ITCMidwest, LLC......................................................................................................................................406, 450 Jeffreyand Carolyn Burger..............................................................................................................................433 JonD. Luckstead..............................................................................................................................................378 KatherineA. Kalb Trust....................................................................................................................................302 LTD Ranch, LLC, Laura M. DeMaio...................................................................................................................387 Mark J. McClain, Ridge View Acres..................................................................................................................281 MartyJ. and Dawn Wagner.............................................................................................................................218 Mueller, Randy W. and Constance J................................................................................................................452 MulgrewOil Company.....................................................................................................................................488 Peacock, Daved C. and Cheryl A.......................................................................................................................198 Pregler, Joseph R. and Kelly L...........................................................................................................................197 RiverCity Stone Company................................................................................................................................377 Royal Oaks Development Corporation..............................................................................................................78 SallyA. Hoerner...............................................................................................................................................266 Stecklein, Russell K. and Tracey L.....................................................................................................................452 Vendors Unlimited Corporation.......................................................................................................................217 WwbInvestments, LC......................................................................................................................................488 Pregler, John T................................................................................................................................................. 65,81 Pregler, Joseph R. and Kelly L................................................................................ See Pre -Annexation Agreements Preston, Brian, Dubuque County Conservation Board Executive Director..........................................................400 Preston, Donald R. and Barbara K................................................................................................................489, 490 PrideParade........................................................................................................................................................264 Priest, J.B.............................................................................................................................................................265 Problem Property Assessment............................................................................................................. 200, 201, 413 Proclamations Arbor Day (April 30, 2021)...............................................................................................................................104 Arts and Humanities Month (October 2021)...................................................................................................372 Asian American and Pacific Islander (AAPI) Day Against Bullying and Hate (May 18, 2021) ...........................180 Autism Acceptance Month (April 2021)...........................................................................................................104 Bike Week (May 17-23, 2021)..........................................................................................................................164 Brain Health Awareness Month (October 2021)..............................................................................................373 Captain Robert L. Martin (February 2021).........................................................................................................36 Days of Peace and Non -Violence (September 11 - September 29, 2021)........................................................329 Dubuque Eagles "Eyes on the Future" Month (January 2021)...........................................................................14 Dubuque Eagles Aerie and Auxiliary Month (February 2021)............................................................................36 Dubuque Lowe's Community Day (October 17, 2021).....................................................................................372 Dubuque Service Partnership and Vaccine Clinic Volunteer Appreciation Day (November 15, 2021) ............431 Earth Day (April 22, 2021)................................................................................................................................126 Emergency Medical Service Week (May 16 - May 22, 2021)...........................................................................180 Energy Efficiency Day (October 6, 2021)..........................................................................................................372 Eradication of Generational Poverty Day (December 7, 2021)........................................................................449 Extra Mile Day (November 1, 2021).................................................................................................................406 Girl Scout Tree Promise Day (April 22, 2021)...................................................................................................104 Human Slavery and Human Trafficking Prevention Month (January 2021).........................................................1 Indigenous Peoples' Day (October 11, 2021)...................................................................................................372 Key City Pride Week Proclamation (June 21-27, 2021)....................................................................................234 Main Street Public/Private Partnership Week (July 18 -July 24, 2021)...........................................................277 Mental Health Month (May 2021)...................................................................................................................180 Miracle League of Dubuque Day Proclamation (August 10, 2021)..................................................................293 National Animal Care and Control Appreciation Week (April 11-17, 2021).....................................................104 National Hospice Month (November 2021).....................................................................................................406 National Library Card Signup Month (September 2021)..................................................................................329 National Rail Safety Week Proclamation (September 20-26, 2021)................................................................347 National Recovery Month (September 2021)..................................................................................................329 Pancreatic Cancer Awareness Day (November 18, 2021)................................................................................431 Peace Officers' Recognition Week (May 16 - May 22, 2021)...........................................................................180 Philanthropy Day (November 15, 2021)..........................................................................................................406 556 INDEX Book 151 Pollinator Week Proclamation (June 21-27, 2021).......................................................................................... 234 Preservation Month (May 2021).....................................................................................................................163 Public Works Week (May 16-22, 2021)............................................................................................................164 Sexual Assault Awareness Month (April 2021)................................................................................................104 Sister City Relationships Recognition Days (October 14 - 16, 2021)................................................................ 372 Small Business Saturday (November 27, 2021)...............................................................................................431 Soil and Water Stewardship Week (April 25 - May 2, 2021)............................................................................126 St. John's Community Kindness Month (September 2021)..............................................................................329 Summer Learning Week Proclamation (July 12-16, 2021)...............................................................................265 US Highway 20 Medal of Honor Highway (July 19, 2021)................................................................................277 ProgressiveProcessing, LLC.................................................................................................................................217 ProjectH.O.P.E.................................................................................................................................... 238, 310, 346 Projects 141h Street Railroad Overpass bridge...............................................................................................................289 161h and Kerper Peosta Channel Bridge Fiber Collaboration...........................................................................352 17thStreet Storm Sewer.................................................................................................................................. 333 Airport Parking Lot Resurfacing.......................................................................................................................492 Asbury Road Fiber Optic Collaboration...............................................................11, 20, 24, 42, 81, 130, 304, 305 Asphalt Overlay Ramp .................................................... 40, 81, 83, 119, 131, 133, 167, 171, 215, 268, 334, 410 Bee Branch Creek Railroad Culvert...................................................................................204, 225, 292, 304, 351 Bee Branch Creek Restoration.........................................................................................................................431 Bee Branch Gate and Pump Replacement...............................................................................................415, 444 Burlington and National Water Main Replacement........................................................................................286 Cedar Street Force Main Air Vacuum Release Valve Replacement...................................................................18 Chaplain Schmitt Island............................................................................................................... 15, 42, 305, 334 Chavenelle Road.................................................................................................................40, 222, 284, 289, 421 City Hall Sidewalk Heating Boilers and Sensor System....................................................................................167 City -Wide Water Distribution System, Storage and Pumping Improvements.................................................430 ClarkeDrive Fiber............................................................................................................................................ 239 DillonStreet Drain Tile............................................................................................................................. 241,268 Dubuque Industrial Center Project at U.S. Highway 151/61/52 Interchange..................................................484 Dubuque Initiatives Rehabilitation Project at 1739-1763 Central Avenue......................................................267 Eagle Point Park Bridge Complex Roof Replacement......................................................................................453 Eagle Point Water Treatment Plant.........................................................................................................378, 430 Enterprise Resource Planning(ERP).................................................................................................................161 Fire Station 6 External Stairwell Addition................................................................................ 205, 225, 240, 303 FloodControl Levee Repair..............................................................................................................................314 Granger Creek Pump Station Upgrade Design.................................................................................................454 Iowa Department of Transportation HMA Crack Filling...........................................................................453, 491 John F. Kennedy Road Sidewalk Installation.................................................................................... 261, 440, 456 John F. Kennedy Water Main Extension - Forest Glen Ct. to Daisy Trail..........................................................433 Kaufmann Avenue Storm Sewer Improvement...............................................................................................306 Kennedy Road Water Main Extension..................................................................................................... 338,359 Lower Bee Branch Restoration.......................................................................................................................... 25 Lower Bee Branch Security Network.................................................................................................................80 MillworkDistrict Parking Lot 1...........................................................................................................................80 Multicultural Family Center (MFC).............................................................................................. 40, 63, 303, 493 Mystique Community Ice Center Floor Slab Void Filling, Lifting and Leveling.................................................435 Northwest Arterial - Pennsylvania Avenue Right Turn Lane............................................................................239 Northwest Arterial - State of Good Repair.......................................................................................................490 Old Mill Road Lift Station and Force Main....................................................................................... 411, 434, 491 Orchard Drive, Cider Ridge and Jonathan Lane Water Main........................................................... 308, 324, 352 Pavement Marking.................................................................................................................... 18, 243, 270, 283 Planning and design analysis of the Force Main Stabilization...........................................................................41 Purina Drive Flood Wall Replacement..................................................................................................... 242,268 Right -of -Way Adjacent to 821-877 Oak Street..................................................................................................42 Simpson -Southgate Water Main Extension.....................................................................................................283 Smart Parking and Mobility Management Plan Development and Implementation.......................................497 South Gate Drive to Simpson Street Water Main............................................................................................433 Book 151 INDEX 557 South Port Flood Control Levee Repair............................................................................................................303 SouthwestArterial................................................................................................................................... 240,282 Stumps/Sidewalks.................................................................................................................... 306, 333, 351, 435 Tamarack Sanitary Sewer Extension Design....................................................................................................454 Tiffany Court - Lead Mine Sinkhole Remediation............................................................................ 337, 359, 490 Twin Ridge Sanitary Sewer Extension Design..................................................................................................454 US52 - Central Avenue (9th - 215t) HMA Pavement Resurfacing.......................................................................411 Webber Property Water Distribution System Improvements.........................................................................438 Wood Street Sanitary / Water................................................................................................................. 284,492 PropertyAcquisition.................................................................................................................................... 360,431 Property Assessment Appeal Board....................................................................................................................487 PropertyInvestments, LLC...................................................................................................................................330 Property Tax Appeal Digmann. vs. City of Dubuque Board of Review 2020.......................................................................................38 Ryan vs. City of Dubuque Board of Review........................................................................................................ 63 Property Tax Dollars FY22 Maximum.....................................................................................................................56 ProposedService Agreement.............................................................................................................................. 210 Public Assistance Source of Income; Housing Vouchers........................................................................................61 Public Entity Risk Services of Iowa..1, 15, 61, 77, 105, 127, 164, 180, 213, 235, 265, 277, 294, 312, 329, 348, 373, 386, 406, 449 Public Health Incident Management Team(IMT)................................................................................................167 PublicHousing Agency (PHA)...............................................................................................................................202 Public Input Availability..................................................................................11, 24, 56, 69, 91, 171, 208, 225, 261 PublicWorks, LLC.............................................................................................................................................12, 13 Public, Educational, and Government (PEG)........................................................................................ 208, 453, 487 PurchaseAcquisition...........................................................................................................................................360 Pusateris................................................................................................................................................................43 PyrotechnicsPermit...............................................................................................................................................81 0 QCasino....................................................................................................................................... 218, 242, 243, 333 Quarterly Investment Report................................................................................................................. 38, 181, 432 QuitClaim Deed........................................................................................................................................... 340,410 11 Race, Equity, and Leadership Council..................................................................................................................123 RadioDubuque............................................................................................................................................146, 302 Rahe, Keith, Travel Dubuque President and CEO...................................................................................................35 RailroadOverpass Project....................................................................................................................................328 RainbowLounge..................................................................................................................................................414 RandallPlace................................................................................................................................................117, 137 Rang, Aaron..................................................................................................................................................... 60,61 RatesEstablished.............................................................................................................................................94, 95 Ravada, Chandra, East Central Intergovernmental Association Director of Transportation & Transit Services.. 225 Rebuilding America's Infrastructure with Sustainability and Equity (RAISE).......................................................289 Red Cross Everyday Heroes Award........................................................................................................................ 77 Red Robin America's Gourmet Burgers and Spirits..............................................................................................336 ReedConstruction....................................................................................................................................... 240,303 Referendum Dubuque County Land and Water Legacy conservation, Bond........................................................................400 FiveFlags Civic Center......................................................................................................................................482 Regan Farm Subdivision Final Plat.......................................................................................................................127 Regan, Ashley................................................................................43, 68, See Human Rights Commission Removal Regional Emergency Responders Training Facility...............................................................................................346 Release Liens on Properties.................................................................................................................................237 Rent Abatement and Escrow Accounts................................................................................................................ 233 Request to Rezone 558 INDEX Book 151 3049 Asbury Road............................................................................................................................................ 206 701 Bluff Street................................................................................................................................................495 CommercePark, 7869.......................................................................................................................................43 DelhiStreet, 1597............................................................................................................................................444 Dubuque Industrial Center, Chavenelle Road/Northwest Arterial....................................................................23 KaneStreet, 684 - FAILED................................................................................................................................400 Lot D of Rustic Point Estates (End of Lasso Court)................................................................................... 289,308 PeruRoad, 723................................................................................................................................................443 Propertyat Bies Drive......................................................................................................................................441 Resilient Community Advisory Commission..........................................................................................................59 Members................................................................................................................................. 224, 245, 416, 441 OrdinanceUpdate...........................................................................................................................................446 Recommendations...........................................................................................................................................131 Resolutions No. 001-21 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.......................................8 No. 002-21 Approving the Second Amendment to Grant Agreement between the City of Dubuque, Iowa, and MontanaHouse, LLC........................................................................................................................................8 No. 003-21 Accepting public improvements in Sky Blue Estates #2 Subdivision, in the City of Dubuque, Iowa .9 No. 004-21 Approving Plat of proposed vacated portion of Flexsteel Way, in the City of DBQ Iowa, to be known as Lot 5A of Dubuque Industrial Center South First Addition, in the City of DBQ, Iowa ...................... 9 No. 005-21 Resolution of intent to vacate a portion of Flexsteel Way, in the City of Dubuque, Iowa, to be known as Lot 5A of Dubuque Industrial Center South First Addition, in the City of Dubuque, Iowa.............10 No. 006-21 Approval of plans, specifications, form of contract, and estimated cost for the Asbury Road Fiber Optic Collaboration — Phase 2 Project...........................................................................................................11 No. 007-21 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.....................................15 No. 008-21 Approving modifications to the original approval of plans and the Final Plat of North Grandview Estates No. 2 in 2006, in the City of Dubuque, Iowa......................................................................................15 No. 009-21 Accepting Public Sanitary................................................................................................................17 No. 010-21 Accepting the Cedar Street Force Main Air Vacuum Release Valve Replacement Project and authorizing the payment to the contractor...................................................................................................18 No. 011-21 Accepting the 2020 Pavement Marking Project and authorizing the payment to the contractor..18 No. 012-21 Approving the Consultant Professional Services Agreement between the City of Dubuque and HDR Engineering, Inc. for the development and implementation of an Intelligent Transportation System (ITS) along the Southwest Arterial / U.S. 52 Corridor............................................................................................19 No. 013-21 Adopting Supplement No. 2020 S-2 to the Code of Ordinances of the City of Dubuque, Iowa ......19 No. 014-21 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 Licenses and Permits............................................................................................................................20 No. 015-21 Intent to approve Agreement between City of Dubuque & Ehrlich Properties, LLC & fixing date for public hearing of City Council of City of DBQ Iowa on proposed reimbursement of Ehrlich Properties LLC for certain infrastructure improvements as described in agreement with Urban Renewal Tax Increment Revenue & providing for publication of notice thereof.................................................................................21 No. 016-21 Intent to dispose of an interest in City of Dubuque real estate, setting a time and place for hearing and providing for the publication of notice thereof...................................................................................... 22 No. 017-21 Vacating a portion of Flexsteel Way, in the City of Dubuque, Iowa, to be known as Lot 5A of Dubuque Industrial Center South First Addition, in the City of Dubuque, Iowa ............................................ 24 No. 018-21 Awarding Public Improvement Contract, Asbury Rd. Fiber Optic Collaboration, Phase 2 Project..25 No. 019-21 Approving and authorizing Amendment to Loan and Disbursement Agreement by and between the City of Dubuque and the Iowa Finance Authority and authorizing and providing for the reissuance of the Stormwater Utility Revenue Capital Loan Note, Series 2010G (Rate Reset)...........................................25 No. 020-21 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.....................................27 No. 021-21 Accepting a Grant of Easement for Sanitary Sewer Utility through, under and across part of Lot 1 of Sara S. and Edward R. Bartels Addition, in the City of Dubuque, Iowa ...................................................... 27 No. 022-21 Approving the First Amendment to Development Agreement between the City of Dubuque, Iowa and Rouse and Dean Foundry Building, LLC...................................................................................................28 Book 151 INDEX 559 No. 023-21 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 WineLicenses and Permits............................................................................................................................28 No. 024-21 Approving applications for retail cigarette / tobacco sales / nicotine / vapor permits, as required byIowa Code 453A.47A.................................................................................................................................28 No. 025-21 Fixing date for a meeting on the authorization of loan and disbursement agreement(s) and the issuance of not to exceed $1,600,000 Sewer Revenue Capital Loan Notes of the City of Dubuque, Iowa, and providing for publication of notice thereof...................................................................................................29 No. 026-21 Setting a public hearing on the FY22 (Program Year 2021) Community Development Block Grant (CDBG) Annual Action Plan Budget................................................................................................................30 No. 027-21 Disposing of City interest in Real Property by Deed to Affordable Housing Network, Inc..............31 No. 028-21 Approving Urban Renewal Plan for North Grandview Estates Housing Urban Renewal Area ........31 No. 029-21 Approving an Agreement between the City of Dubuque, Iowa, and Ehrlich Properties, LLC for the development of property in the North Grandview Estates Housing Urban Renewal Area ............................32 No. 030-21 Authorizing execution of Community Development Block Grant (CDBG) Purchase of Services Grant Agreements...................................................................................................................................................32 No. 031-21 Changing a street name on the Final Plat of Dubuque Industrial South First Addition in the City of Dubuque by renaming Flexsteel Way to Simmons Way................................................................................32 No. 032-21 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.....................................36 No. 033-21 Approving an Agreement between the City of Dubuque and ITC Midwest, LLC to operate an Electric Transmission System in the City of Dubuque....................................................................................37 No. 034-21 Accepting a Special Warranty Deed from Roasting Solutions, LLC..................................................37 No. 035-21 Approving the Seventh Amendment to Amended and Restated Lease Agreement between the Dubuque Racing Association and the City of Dubuque..................................................................................37 No. 036-21 Approving Property Tax Abatement Applications submitted by property owners in recognized Urban Revitalization Areas & authorizing transmittal of approved applications to City Tax Assessor ..........38 No. 037-21 Endorsing the submission of a Revitalize Iowa's Sound Economy (RISE) application to the Iowa Department of Transportation for roadway improvements to the east entrance of the Dubuque Industrial Center West on Chavenelle Road in the City of Dubuque.............................................................................39 No. 038-21 Approving Acquisition Plat of Lot A of Lot 2-1 of Wolff Place No. 2, in the City of DBQ, Iowa ........ 40 No. 039-21 Accepting the Chavenelle Road Hike -Bike Trail — Phase 1 Project Iowa DOT Project No. EDP- 2100(695)-7Y-31 and authorizing the payment to the contractor..............................................................40 No. 040-21 Accepting the Dedication of Sanitary Easement through, under and across Part of Lot 1 of Julian's Hill, in the City of Dubuque, Iowa..................................................................................................................41 No. 041-21 Authorizing the execution of an Agreement with the Department of the Army to collaborate on stabilization and protection of the Force Main along the Mississippi River..................................................41 No. 042-21 Accepting Public Water Main Improvements in the Row Adjacent to Lot 1 and Lot 2 Third Union Addition in the City of Dubuque, Iowa, Common Address 821 -887 Oak Street (Routley Property).............42 No. 043-21 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 Licenses and Permits............................................................................................................................42 No. 044 -21 Setting a Public Hearing on the intent to consider the removal of a commissioner from the HumanRights Commission............................................................................................................................43 No. 045-21 Instituting proceedings to take additional action for the authorization of Loan and Disbursement Agreements and the issuance of not to exceed $1,600,000 Sewer Revenue Capital Loan Notes .................44 No. 046-21 Approving and authorizing a form of Interim Loan and Disbursement Agreement by and between the City of Dubuque, Iowa, and the Iowa Finance Authority, and authorizing and providing for the issuance and securing the payment of $970,000 Sewer Revenue Capital Loan Notes Anticipation Project Note, Series 2021A, of the City of Dubuque, Iowa, under the provisions of the Code of Iowa, and providing for a method ofpayment of said Notes...............................................................................................................................44 No. 047-21 Approving and authorizing a form of Interim Loan and Disbursement Agreement by and between the City of Dubuque, Iowa, and the Iowa Finance Authority, and authorizing and providing for the issuance and securing the payment of $350,000 Sewer Revenue Capital Loan Notes Anticipation Project Note, Series 2021B, of the City of Dubuque, Iowa, under the provisions of the Code of Iowa, and providing for a method ofpayment of said Notes...............................................................................................................................44 No. 048-21 Approving and authorizing a form of Interim Loan and Disbursement Agreement by and between the City of Dubuque, Iowa, and the Iowa Finance Authority, and authorizing and providing for the issuance and securing the payment of $160,000 Sewer Revenue Capital Loan Notes Anticipation Project Note, Series 560 INDEX Book 151 2021C, of the City of Dubuque, Iowa, under the provisions of the Code of Iowa, and providing for a method ofpayment of said Notes...............................................................................................................................44 No. 049-21 (FAILED) Setting a public hearing on the FY22 maximum property tax dollars for the affected tax levy total, set the public hearing as indicated, direct the City Clerk to publish notice as prescribed by law, and set the property tax rate per the revised recommendation at$9.98607............................................... 56 No. 049-21, (APPROVED) set the public hearing as indicated, direct the City Clerk to publish notice as prescribed by law, and set the property tax rate at$10.0496....................................................................... 56 No. 050-21 Approving a Grant Administration Agreement with The Fountain of Youth Program to administer the Low- And Moderate -Income Small Business Assistance Grant Program ................................................. 57 No. 051-21 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.....................................61 No. 052-21 Approving the First Amendment to Development Agreement between the City of Dubuque, Iowa andKretschmer, LLC......................................................................................................................................61 No. 053-21 Consenting to the Assignment of the Development Agreement between the City of Dubuque and Kenneth Oberbroeckling from Kenneth Oberbroeckling to Ned Oberbroeckling..........................................62 No. 054-21 Approving the Second Amendment to Development Agreement between the City of Dubuque, Iowaand Ned Oberbroeckling.......................................................................................................................62 No. 055-21 Approving the Fourth Amendment to the Economic Development Financial Assistance Contract by and among Design Mill, Inc., the City of Dubuque, and the Iowa Department of Economic Development..63 No. 056-21 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 ... 64 No. 057-21 Intent to dispose of an interest in City of Dubuque real estate to Affordable Housing Network, Inc., setting a time and place for hearing, and providing for the publication of notice thereof....................65 No. 058-21 Intent to dispose of an interest in City of Dubuque real estate to Tyler and Michelle Ede setting a time and place for hearing and providing for the publication of notice thereof ........................................... 66 No. 059-21 Fixing date for a meeting on the authorization of a Loan and Disbursement Agreement and the issuance of not to exceed $24,000,000 General Obligation Annual Appropriation Refunding Capital Loan Notes of the City of Dubuque, Iowa, and providing for publication of notice thereof .................................. 67 No. 060-21 Removing a Commissioner from the Human Rights Commission ................................................... 68 No. 061-21 Approval of the FY22 Maximum Property Tax Dollars for the Affected Tax Levy Total .................. 68 No. 062-21 Adopting the FY22 (Program Year 2021) Community Development Block Grant (CDBG) Annual Action Plan for inclusion in the City budget...................................................................................................72 No. 063-21 Authorizing the submission of a Consolidated Annual Performance and Evaluation Report (CAPER) for the period commencing July 1, 2019 and concluding June 30, 2020....................................................... 73 No. 064-21 Setting the date for the public hearing on the FY22 budget as amended for the City of Dubuque 75 No. 065-21 Setting the date for the public hearing on the Five -Year Capital Improvement Program for Fiscal Years 2022 through 2026 for the City of Dubuque........................................................................................ 75 No. 066-21 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.....................................77 No. 067-21 Approving a Pre -Annexation Agreement between the City of Dubuque, Iowa and Royal Oaks Development Corporation.............................................................................................................................78 No. 068-21 Approving the Final Plat of Table Mound Acres in Dubuque County, Iowa .................................... 78 No. 069-21 Approving a Grant Agreement between the City of Dubuque, Iowa and JTM Properties, LLC for the Redevelopment of 1043-1053 Main Street................................................................................................... 79 No. 070-21 Expressing the willingness of the City of Dubuque to apply for and participate in Infrastructure for Rebuilding America (INFRA) Transportation Grant........................................................................................79 No. 071-21 Accepting Millwork District Parking Lot #1 Project & authorizing payment to contractor ............. 80 No. 072-21 Accepting the Lower Bee Branch Security Network Project and authorizing the payment of the contract amount to the contractor................................................................................................................ 80 No. 073-21 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 Licenses and Permits............................................................................................................................81 No. 074-21 Intent to dispose 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...............................................82 No. 075-21 Preliminary approval of plans, specifications, form of contract, and estimated cost; setting date of public hearing on plans, specifications, form of contract, and estimated cost; and ordering the advertisementfor bids................................................................................................................................... 83 Book 151 INDEX 561 No. 076-21 Fixing date for a meeting on the proposition of the issuance of not to exceed $46,250,000 General Obligation Bonds of the City of Dubuque, State of Iowa (for essential corporate purposes), and providing for publication of notice thereof...................................................................................................................83 No. 077-21 Fixing date for a meeting on the proposition of the issuance of not to exceed $950,000 General Obligation Urban Renewal Bonds of the City of Dubuque, State of Iowa (for essential corporate urban renewal purposes), and providing for publication of notice thereof.............................................................83 No. 078-21 Fixing date for a meeting on the proposition of the issuance of not to exceed $700,000 General Obligation Bonds of the City of Dubuque, State of Iowa (for general corporate purposes), and providing for publication of notice thereof (GCP-2)............................................................................................................83 No. 079-21 Fixing date for a meeting on the proposition of the issuance of not to exceed $700,000 General Obligation Bonds of the City of Dubuque, State of Iowa (for general corporate purposes), and providing for publication of notice thereof (GCP-3)............................................................................................................83 No. 080-21 Fixing date for a meeting on the proposition of the issuance of not to exceed $600,000 General Obligation Bonds of the City of Dubuque, State of Iowa (for general corporate purposes), and providing for publication of notice thereof.........................................................................................................................84 No. 081-21 Authorizing and directing the City Manager to prepare an Amended and Restated Urban Renewal Plan for the North Grandview Estates Housing Urban Renewal Area and setting the date for a public hearing and consultation on the proposed Amended and Restated Urban Renewal Plan for said district ... 86 No. 082-21 Authorizing and directing City Manager to prepare an Amended & Restated Urban Renewal Plan for Dubuque Industrial Center Economic Development District & setting dates for public hearing & consultation process on proposed Amended & Restated Urban Renewal Plan for said district ...................87 No. 083-21 Authorizing and directing City Manager to prepare an Amended and Restated Urban Renewal Plan for Dubuque Industrial Center Economic Development District and setting dates for the public hearing and consultation process on proposed Amended and Restated Urban Renewal Plan for said district................88 No. 084-21 Disposing of City interest in real property located at 305-307 E. 22nd St, in City of DBO, IA ........... 89 No. 085-21 Disposing of City interest in real property located at 2243 Central Ave., in City of DBQ, IA ........... 90 No. 086-21 Instituting proceedings to take additional action for the authorization of a Loan and Disbursement Agreement and the issuance of not to exceed $24,000,000 General Obligation Annual Appropriation RefundingCapital Loan Notes........................................................................................................................90 No. 087-21 Adopting the City of Dubuque FY22 Annual Budget.......................................................................93 No. 088-21 Adopting the City of Dubuque Five Year Capital Improvement Program........................................93 No. 089-21 Adopting the Five -Year Street Construction Program for Fiscal Years 2022 — 2026 .....................103 No. 090-21 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...................................105 No. 091-21 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.....................................105 No. 092-21 Approving & authorizing a form of Loan & Disbursement Agreement by & between City of Dubuque, Iowa, and Iowa Finance Authority, & authorizing and providing for issuance & securing the payment of $22,138,000 General Obligation Annual Appropriation Refunding Capital Loan Notes, Series 2021, & providing for a method of payment of said Notes, Approval of the Tax Exemption Certificate ....106 No. 093-21 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................................................112 No. 094-21 Approving an agreement between City of DBQ, Iowa and Dubuque Golf and Country Club .......112 No. 095-21 Approving the Acquisition Plat of Lot B of Silver Oaks Estates, in the City of Dubuque, Iowa ......113 No. 096-21 Accepting a Grant of Easement for Storm Drainage, Sanitary Sewer Utility, & Water Main Utility through, under & across parts of Silver Oaks Estates & Walter Metcalf Place, in City of DBQ, Iowa ..........114 No. 097-21 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 WineLicenses and Permits..........................................................................................................................115 No. 098-21 Intent to dispose of an interest in City of Dubuque real estate by sale to Giese Properties, LLC pursuant to a Development Agreement by and among the City of Dubuque, Giese Properties, LLC, 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 issuance of Urban Renewal Tax Increment Revenue Grant Obligations to Giese Manufacturing Company, Inc and providing for the publication of notice thereof.......................................................................................................................116 No. 099-21 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.......................................................................................................................117 562 INDEX Book 151 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...........................................................................117 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...........................................................................118 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...............................................................................................................118 No. 103-21 Approval of plans, specifications, form of contract, and estimated cost for the 2021 Asphalt OverlayRamp Project 3...............................................................................................................................119 No. 104-21 Instituting proceedings to take additional action for the issuance of not to exceed $46,250,000 GO Bonds...........................................................................................................................................................120 No. 105-21 Instituting proceedings to take additional action for the issuance of not to exceed $700,000 GO Bonds(GCP-2)..............................................................................................................................................120 No. 106-21 Instituting proceedings to take additional action for the issuance of not to exceed $700,000 GO Bonds(GCP-3)..............................................................................................................................................120 No. 107-21 Instituting proceedings to take additional action for the issuance of not to exceed $600,000 GO Bonds...........................................................................................................................................................120 No. 108-21 Instituting proceedings to take additional action for the issuance of not to exceed $950,000 GO UrbanRenewal Bonds.................................................................................................................................120 No. 109-21 Authorizing execution of Community Development Block Grant (CDBG) Purchase of Services Grant Agreements.................................................................................................................................................123 No. 110-21 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...................................127 No. 111-21 Approving the Final Plat Regan Farm Subdivision Dubuque County, Iowa...................................127 No. 112-21 Approving the Plat of Survey of Paragon Square #2, in the City of Dubuque, Iowa......................128 No. 113-21 Authorizing HRDP Grant Application to State Historic Preservation Office for the Dubuque Black HeritageSurvey...........................................................................................................................................128 No. 114-21 Approving the Termination Agreement of the Development Agreement by and between the City of Dubuque, Iowa and Offal Food Group, LLC.............................................................................................129 No. 115-21 Approving Listing Agreements for Real Estate Broker Services between the City of Dubuque, Iowa and General Bob Realty for the sale or lease of City -owned properties......................................................129 No. 116-21 Accepting Public Improvements in Silver Oaks Estates Subdivision, in City of DBQ, Iowa ............ 130 No. 117-21 Approving the Acquisition Plat of Lot A of Lot 25 of North Grandview Estates No. 2, in the City of Dubuque, Iowa............................................................................................................................................130 No. 118-21 Awarding the Public Improvement Contract for the 2021 Asphalt Overlay Ramp Project ...........131 No. 119-21 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 Licenses and Permits..........................................................................................................................131 No. 120-21 Approving applications for retail cigarette / tobacco sales / nicotine / vapor permits, as required byIowa Code 453A.47A...............................................................................................................................131 No. 121-21 Setting the date for the public hearing on Amendment No. 2 to the Fiscal Year 2021 Budget for theCity of Dubuque.....................................................................................................................................132 No. 122-21 Intent to dispose of an interest in City of Dubuque real estate to GT Development, setting a time and place for hearing, and providing for the publication of notice thereof................................................132 No. 123-21 2021 Asphalt Overlay Ramp Project 4 Preliminary Approval of Plans, Specifications, Form of Contract, and Estimated Cost, Setting Date of Public Hearing on Plans, Specifications, Form of Contract, and Estimated Cost, and Ordering the Advertisement for Bids..........................................................................133 No. 124-21 Approving the Amended and Restated Urban Renewal Plan Version 2021.2, for the North Grandview Estates Housing Urban Renewal Area.......................................................................................134 No. 125-21 Approving the Amended and Restated Urban Renewal Plan, Version 2021.1, for the Dubuque Industrial Center Economic Development District.......................................................................................134 No. 126-21 Approving the Amended and Restated Urban Renewal Plan, Version 2021.2, for the Dubuque Industrial Center Economic Development District.......................................................................................135 No. 127-21 Approving the disposal of an interest in City of Dubuque Owned real estate by sale to Giese Properties, LLC, pursuant to a Development Agreement by and among the City of Dubuque, Giese Properties, LLC, and Giese Manufacturing Company, Inc. including the issuance of Urban Tax Increment Revenue Obligations to Giese Manufacturing Company, Inc......................................................................136 No. 128-21 Instituting Proceedings to take additional action for authorization of a Lease Agreement (General Fund) in principal amount of not to exceed $180,000 to acquire personal property for City.....................137 Book 151 INDEX 563 No. 129-21 Vacating 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............................................................................................137 No. 130-21 Disposing of City Interest in Lot 1A Block 7 of Grandview Park, in the City of Dubuque, Iowa ..... 137 No. 131-21 Directing the Advertisement for sale of $29,395,000* (subject to adjustment per terms of offering) General Obligation Bonds, Series 2021A, and approving electronic bidding procedures and distribution of preliminary official statement..............................................................................................158 No. 132-21 Directing the advertisement for sale of $12,940,000* (subject to adjustment per terms of offering) taxable General Obligation Bonds, Series 2021B, and approving electronic bidding procedures and distribution of preliminary official statement..............................................................................................158 No. 133-21 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...................................164 No. 134-21 Approving the assignment of the Development Agreement by and among the City of Dubuque, Giese Properties, LLC and Giese Manufacturing Company, Inc by Giese Properties, LLC to MBMSD, LLC.. 164 No. 135-21 Approving the First Amendment to Grant Agreement between the City of Dubuque, Iowa and Friendsof Paradise Church..........................................................................................................................165 No. 136-21 Approving a Data Transfer and Use Agreement with the University of Iowa for the National Disaster Resiliency Grant Review requested by the US Department of Housing and Urban Development 165 No. 137-21 Rescinding Resolution No. 46-18, Establishing a Schedule of Development Services Fees, and adopting in lieu thereof a new Schedule of Development Services Fees as provided in Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code.........................................................................166 No. 138-21 Accepting the City Hall Sidewalk Heating Boilers and Sensor System and authorizing the payment tothe contractor..........................................................................................................................................167 No. 139-21 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 Licenses and Permits..........................................................................................................................167 No. 140-21 Intent to dispose of an interest in City of Dubuque real estate pursuant to a Development Agreement with Affordable Housing Network, Inc. providing for the release of a mortgage and setting a time and place for hearing and providing for the publication of notice thereof.........................................168 No. 141-21 Record of Hearing and Adoption of Budget Amendment.............................................................169 No. 142-21 Disposing of City interest in real estate located at 1659 Iowa St. in City of DBQ, Iowa ................171 No. 143-21 Approval of plans, specifications, form of contract, and estimated cost for the 2021 Asphalt OverlayRamp Project 4...............................................................................................................................171 No. 144-21 Directing sale of $29,395,000* (subject to adjustment per terms of offering) General Obligation Bonds, Series 2021A....................................................................................................................................172 No. 145-21 Directing Sale of $12,945,000* (subject to adjustment per terms of offering) Taxable General Obligation Bonds, Series 2021B...................................................................................................................172 No. 146-21 Authorizing the Redemption of Outstanding General Obligation Urban Renewal Bonds, Series 2012A, of the City of Dubuque, State of Iowa, dated March 15, 2012, and directing notice be given ........ 172 No. 147-21 Authorizing the Redemption of Outstanding General Obligation Bonds, Series 2012B, of the City of Dubuque, State of Iowa, dated March 15, 2012, and directing notice be given..........................................172 No. 148-21 Authorizing the Redemption of Outstanding General Obligation Bonds, Series 2012E, of the City of Dubuque, State of Iowa, Dated December 10, 2012, and directing notice be given...................................172 No. 149-21 Authorizing the Redemption of Outstanding General Obligation Urban Renewal Bonds, Series 2012H, of the City of Dubuque, State of Iowa, dated December 10, 2012, and directing notice be given .172 No. 150-21 Authorizing the Redemption of Outstanding Taxable General Obligation Bonds, Series 2012C, of the City of Dubuque, State of Iowa, dated June 28, 2012, and directing notice be given ...........................172 No. 151-21 Authorizing the Redemption of Outstanding Taxable General Obligation Bonds, Series 2012F, of the City of Dubuque, State of Iowa, dated December 10, 2012, and directing notice be given ..................172 No. 152-21 Authorizing the Redemption of Outstanding General Obligation Capital Loan Notes, Series 2014B, of the City of Dubuque, State of Iowa, dated December 8, 2014, and directing notice be given................172 No. 153-21 Authorizing the Redemption of Outstanding Taxable General Obligation Capital Loan Notes, Series 2014C, of the City of Dubuque, State of Iowa, dated December 8, 2014, and directing notice be given .... 172 No. 154-21 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...................................180 No. 155-21 Appointing Paying Agent, Bond Registrar, and Transfer Agent, Approving the Paying Agent and Bond Registrar and Transfer Agent Agreement and Authorizing the Execution of the Agreement ............181 No. 156-21 Authorizing and providing for the issuance, and levying a tax to pay the Bonds; Approval of the Tax Exemption Certificate and Continuing Disclosure Certificate................................................................181 564 INDEX Book 151 No. 157-21 Appointing Paying Agent, Bond Registrar, and Transfer Agent, Approving the Paying Agent and Bond Registrar and Transfer Agent Agreement and Authorizing the Execution of the Agreement ............181 No. 158-21 Authorizing and providing for the issuance, and levying a tax to pay the Bonds; Approval of the Continuing Disclosure Certificate.................................................................................................................181 No. 159-21 Approving the Plat of Survey of Vize Place #2, Dubuque County, Iowa........................................197 No. 160-21 Approving a Pre -Annexation Agreement between the City of Dubuque, Iowa and Joseph R. and KellyL. Pregler.............................................................................................................................................197 No. 161-21 Approving a Pre -Annexation Agreement between the City of Dubuque, Iowa and Daved C. and CherylA. Peacock.........................................................................................................................................198 No. 162-21 Supporting the filing of application by Woodward Communications, Inc. with Iowa Economic Development Authority, Iowa Department of Cultural Affairs, and National Park Service for Historic Preservation Tax Credits for redevelopment of 810 Bluff Street in City of Dubuque, Iowa ........................199 No. 163-21 Approving an Agreement for construction of certain off -site public roadway (Cedar Cross Road) and sanitary sewer improvements related to the Cedar Ridge Commercial Park Subdivision on Cedar Cross Road between the City of Dubuque, Iowa and Royal Oaks Development Corporation ............................... 200 No. 164-21 Authorizing the City to Collect Delinquent Problem Property Charges in accordance with 14-1J1 International Property Maintenance Code Section 106.5 and/or Section 109.5 Code of Ordinances of the Cityof Dubuque, Iowa................................................................................................................................. 200 No. 165-21 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 . 201 No. 166-21 Approving the Continuum of Care Grant Agreement and authorizing the Director of Housing and Community Development and the City Manager to execute and administer the grant .............................. 202 No. 167-21 Authorizing the Mayor to execute the certification by State or Local Office of Public Housing Agency (PHA) Plan's Consistency with the Consolidated Plan and approval of the PHA Annual Plan ......... 202 No. 168-21 Adopting Supplement No. 2021 S-3 to the Code of Ordinances of the City of Dubuque, Iowa .... 203 No. 169-21 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 Licenses and Permits..........................................................................................................................203 No. 170-21 Approving applications for retail...................................................................................................203 No. 171-21 Bee Branch Railroad Culvert Trail Project Preliminary approval of plans, specifications, form of contract, and estimated cost; setting date of public hearing on plans, specifications, form of contract, and estimated cost; and ordering the advertisement for bids........................................................................... 204 No. 172-21 Fire Station 6 External Stairwell Addition Project preliminary approval of plans, specifications, form of contract, and estimated cost; setting date of public hearing on plans, specifications, form of contract, and estimated cost; and ordering the advertisement for bids ..................................................... 205 No. 173-21 Setting the date for a public hearing on Iowa DOT Consolidated Funding Application ................ 205 No. 174-21 Approving Agreement w/ Affordable Housing Network, Inc. for redevelopment of Bishop Block207 No. 175-21 Approving a Cooperative 28E Agreement with the Iowa Department of Agriculture and Land Stewardship and approving Property Owner Site Access Agreements for a project to remediate and mitigate the lead mine sinkhole subsidence at 2784 and 2792 Tiffany Court.............................................209 No. 176-21 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...................................213 No. 177-21 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 ..... 213 No. 178-21 Awarding the Public Improvement Contract for the 2021 Asphalt Overlay Ramp Project 4 ........ 215 No. 179-21 Accepting the 2021 Asphalt Overlay Access Ramp Project 1 and authorizing the final payment to thecontractor.............................................................................................................................................. 215 No. 180-21 Approving the First Amendment to Development Agreement between the City of Dubuque, Iowa and Affordable Housing Network, Inc..........................................................................................................216 No. 181-21 Approving a Pre -Annexation Agreement between the City of Dubuque, Iowa and Vendors UnlimitedCorporation.................................................................................................................................217 No. 182-21 Approving a Pre -Annexation Agreement between the City of Dubuque, Iowa and Marty J. and DawnWagner..............................................................................................................................................218 No. 183-21 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 Licenses and Permits..........................................................................................................................218 No. 184-21 Fixing date for a meeting on proposition of issuance of not to exceed $3,800,000 Water Revenue Refunding Bonds of City of DBQ, State of Iowa, & providing for publication of notice thereof .................. 219 Book 151 INDEX 565 No. 185-21 Setting date of public hearing on the Agreement with the Army Corps of Engineers Consent to EasementStructures....................................................................................................................................219 No. 186-21 Intent to dispose of City interest by Grant of Retaining Wall Easement to Ehrlich Properties, LLC across part of Helen Ridge Court Right of Way in North Grandview Estates No. 2, City of DBO, la ............220 No. 187-21 John F. Kennedy Road Sidewalk Installation Project 2021 preliminary approval of plans, specifications, form of contract, and estimated cost; setting date of public hearing on plans, specifications, form of contract, and estimated cost; and ordering the advertisement for bids........................................220 No. 188-21 Approving the preliminary plats, schedule of assessments and estimate of total cost for the John F. Kennedy Road Sidewalk Installation Project 2021...................................................................................220 No. 189-21 Resolution of necessity for the John F. Kennedy Road Sidewalk Installation Project 2021 ..........220 No. 190-21 Fixing date of public hearing on resolution of necessity...............................................................220 No. 191-21 Chavenelle Road — NW Arterial to Radford Road Reconstruction Project preliminary approval of plans, specifications, form of contract, and estimated cost; setting date of public hearing on plans, specifications, form of contract, and estimated cost; and ordering the advertisement for bids ................222 No. 192-21 Approving the preliminary plats, schedule of assessments and estimate of total cost for the Chavenelle Road — NW Arterial to Radford Road Reconstruction Project...................................................222 No. 193-21 Necessity for the Chavenelle Road — NW Arterial to Radford Road Reconstruction Project ........222 No. 194-21 Fixing date of public hearing on resolution of necessity...............................................................222 No. 195-21 Approval of plans, specifications, form of contract, and estimated cost for the Bee Branch Railroad CulvertTrail Project.....................................................................................................................................225 No. 196-21 Approval of plans, specifications, form of contract, and estimated cost for the Fire Station 6 External Stairwell Addition Project..............................................................................................................225 No. 197-21 Approving a Memorandum of Understanding between the City of Dubuque and Vendors Unlimited Corporation for improvements and connection to its water distribution system ......................226 No. 198-21 Approving an offer to buy real estate and acceptance for the purchase of Hendricks Feed and Seed Co., Inc. for the construction of a downtown parking structure.........................................................226 No. 199-21 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...................................235 No. 200-21 Appointing UMB Bank, N.A. as Substitute Paying Agent, Bond Registrar, and Transfer Agent; Terminating Existing Paying Agent, Bond Registrar and Transfer Agent Agreements with Wells Fargo Bank, N.A.; and Approving the Paying Agent, Bond Registrar and Transfer Agent Agreement with UMB Bank, N.A. and authorizing execution of the agreement..............................................................................................235 No. 201-21 Approving the Final Plat Schmitt Estates, Dubuque County, Iowa................................................236 No. 202-21 Approving a Pre -Annexation Agreement between the City of Dubuque, Iowa and Dennis J. and CarolA. Schmitt...........................................................................................................................................237 No. 203-21 Authorizing the City Manager or the City Manager's designee to file and release liens on properties participating in the Downtown Rehabilitation Loan Program....................................................237 No. 204-21 Adopting the FY22 (Program Year 2021) Community Development Block Grant (CDBG) Annual Action Plan for Inclusion in the City Budget.................................................................................................238 No. 205-21 Accepting the Clarke Dr Fiber from Asbury Rd to N. Grandview Project and authorizing the payment to the contractor..........................................................................................................................239 No. 206-21 Accepting the Northwest Arterial - Pennsylvania Avenue Right Turn Lane Improvement Project and authorizing the final payment to the contractor..................................................................................239 No. 207-21 Accepting Southwest Arterial North Cascade Road, English Mill Road, and Military Road Local Bridge Railing and Decorative Concrete Post Coloring Project, Iowa DOT..................................................240 No. 208-21 Awarding Public Improvement Contract for Fire Station 6 External Stairwell Addition Project ...240 No. 209-21 Authorizing the City's Grant Application to the State Recreational Trail Program for the Bee Branch Creek Trail Phase 2 Project and assurance that the improvements will be maintained following completionof the project............................................................................................................................241 No. 210-21 State of Iowa Federal -Aid Section 130 Railroad Grade Crossing Safety Improvements Agreement for the Construction of Activated Signals at the Railroad Crossing located at East 14th Street ................... 241 No. 211-21 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 WineLicenses and Permits..........................................................................................................................242 No. 212-21 Approving applications for retail cigarette/tobacco sales/nicotine/vapor permits, as required by Iowa Code Chapter 453A.47A......................................................................................................................242 No. 213-21 Preliminary approval of plans, specifications, form of contract, and estimated cost; setting date of public hearing on plans, specifications, form of contract, and estimated cost; and ordering the advertisementfor bids.................................................................................................................................244 566 INDEX Book 151 No. 214-21 Authorizing Resolution Approval of Consolidated Funding Application to Iowa DOT ................... 258 No. 215-21 Instituting proceedings to take additional action for the issuance of not to exceed $3,800,000 Water Revenue Refunding Bonds................................................................................................................259 No. 216-21 Disposing of city interest by Grant of Retaining Wall Easement to Ehrlich Properties, LLC across part of the Helen Ridge Court right of way in North Grandview Estates No. 2, City of Dubuque, Iowa ...... 259 No. 217-21 Granting a Retaining Wall Easement to Ehrlich Properties, LLC across part of the Helen Ridge Court right of way in North Grandview Estates No. 2, City of Dubuque, Iowa ............................................ 259 No. 218-21 Disposing of an Interest in Real Estate through Agreement with the Army Corps of Engineers... 260 No. 219-21 Rescinding Resolution Nos. 187-21, 188-21, 189-21, 190-21........................................................261 No. 220-21 Authorizing the City's Grant Application to the Transportation Alternatives Program for the John F. Kennedy Sidewalks Installation Project and assurance that the improvements will be maintained following completion of the project............................................................................................................ 261 No. 221-21 Adopting a City Council Code of Conduct..................................................................................... 262 No. 222-21 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...................................266 No. 223-21 Approving Pre -Annexation Agreement between City of DBQ Iowa & Sally A. Hoerner............... 266 No. 224-21 Approving the First Amendment to Grant Agreement between the City of Dubuque, Iowa and 84 Main, LLC..................................................................................................................................................... 267 No. 225-21 Authorizing Mayor to execute application for City of DBQ Americorps Program Partners in Learning & authorizing Leisure Services Manager & City Manager to approve application ........................267 No. 226-21 Authorizing Mayor to execute application for City of DBQ Americorps Program Creating Opportunities & Authorizing Leisure Services Manager &City Manager to approve application................268 No. 227-21 Authorizing the Mayor to execute an application for the Lowes 100 Hometowns and authorizing the Leisure Services Manager and the City Manager to approve the application ....................................... 268 No. 228-21 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 Licenses and Permits..........................................................................................................................269 No. 229-21 Approval of plans, specifications, form of contract, and estimated cost for the Chavenelle Road — NW Arterial to Radford Road Reconstruction Project.................................................................................269 No. 230-21 With respect to the adoption of the Resolution of Necessity Proposed for the Chavenelle Road — NW Arterial to Radford Road Reconstruction Project.................................................................................269 No. 231-21 Approving schedule of assessments and estimate of total cost for the Chavenelle Road — NW Arterial to Radford Road Reconstruction Project........................................................................................ 269 No. 232-21 Approval of plans, specifications, form of contract, and estimated cost for the 2021 Pavement MarkingProject........................................................................................................................................... 271 No. 233-21 Authorizing Execution of FY21/PY20 Homeless Shelter Rehabilitation Agreements .................... 272 No. 234-21 Authorizing Execution of FY22 Purchase of Services Grant Agreements ...................................... 272 No. 235-21 Authorizing Execution of CDBG-CV Agreement with Dubuque Food Pantry ................................ 273 No. 236-21 Adopting the Fiscal Year 2021 (Program Year 2020) Community Development Block Grant (CDBG) Annual Action Plan Amendment#2............................................................................................................. 273 No. 237-21 Directing the advertisement for sale of $3,720,000* (subject to adjustment per terms of offering) Water Revenue Refunding Bonds, Series 2021C, and approving electronic bidding procedures and distribution of preliminary official statement..............................................................................................274 No. 238-21 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...................................277 No. 239-21 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 ..... 278 No. 240-21 Approving the First Amendment to Grant Agreement between the City of Dubuque, Iowa and K&L Leasing, LLC..................................................................................................................................................279 No. 241-21 Approving 111 Amendment to Grant Agreement between City of DBQ Iowa, & HG APT, LLC...... 279 No. 242-21 Approving HRDP Grant Agreement with the Iowa Department of Cultural Affairs for Dubuque's BlackHeritage Survey.................................................................................................................................. 280 No. 243-21 Approving a Pre -Annexation Agreement between the City of Dubuque, Iowa and Ronald W. and JessalynnJ. Breiner......................................................................................................................................280 No. 244-21 Approving a Pre -Annexation Agreement between the City of Dubuque, Iowa and Genesis Three Holdings, LLC................................................................................................................................................281 No. 245-21 Approving Pre -Annexation Agreement between City of DBQ, Iowa and Mark J. McClain............ 281 No. 246-21 Approving the Final Plat of Ridge View Acres in Dubuque County, Iowa......................................282 Book 151 INDEX 567 No. 247-21 Approving an Intergovernmental 28E Funding Agreement Amendment No. 2 between the City of Dubuque and Dubuque County for the Southwest Arterial Project............................................................282 No. 248-21 Accepting a Grant of Easement for Water Main Utility through, over and across part of Lot 1-1-1 of Potterveld Place, in the City of Dubuque, Dubuque County, Iowa..........................................................283 No. 249-21 Awarding Public Improvement Contract for the 2021 Pavement Marking Project .......................283 No. 250-21 Adopting the Final Assessment Schedule for the 2020 — 2021 Snow Removal Assessment — Right - Of -Way Obstruction Removal Assessment Project......................................................................................284 No. 251-21 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 Licenses and Permits..........................................................................................................................286 No. 252-21 Approving applications for retail cigarette/tobacco sales/nicotine/vapor permits, as required by Iowa Code Chapter 453A.47A......................................................................................................................286 No. 253-21 Intent to dispose of an interest in real property by Subordination of Consent Rights Under Development Agreement, Payment Direction and Estoppel Certificate with Simmons Pet Foods, Inc. and Request no. 2 to schedule a Public Hearing on Orchard Drive, Cider Ridge and Jonathan Dr. Water Main Project2021.................................................................................................................................................287 No. 254-21 Preliminary approval of plans, specifications, form of contract, and estimated cost; setting date of public hearing on plans, specifications, form of contract, and estimated cost; and ordering the advertisementfor bids.................................................................................................................................287 No. 255-21 Awarding Public Improvement Contract for the Chavenelle Road — NW Arterial to Radford Road ReconstructionProject................................................................................................................................289 No. 256-21 Approving application for Rebuilding America's Infrastructure with Sustainability and Equity (RAISE) Grant Funding for the planning and design of a Multimodal Transportation Corridor Project for proposed improvements to the Elm Street Corridor, 16th Street Corridor and the proposed 141h Street Railroad Overpass Project............................................................................................................................289 No. 257-21 Approving Agreement w/ Community Solutions of Eastern Iowa for Rapid Rehousing Program.290 No. 258-21 Directing Sale of $3,720,000* (subject to adjustment per terms of offering) Water Revenue Refunding Bonds, Series 2021C...................................................................................................................291 No. 259-21 Authorizing the redemption of outstanding Water Revenue Bonds, Series 2008D, of the City of Dubuque, State of Iowa, dated November 4, 2008, and directing notice be given.....................................291 No. 260-21 Authorizing the redemption of outstanding Water Revenue Bonds, Series 2010D, of the City of Dubuque, State of Iowa, dated September 21, 2010, and directing notice be given..................................291 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...................................294 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 .....294 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 Registrar and Transfer Agent Agreement and authorizing the execution of the agreement...............................................................................................295 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 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.................295 No. 265-21 Approving Pre -Annexation Agreement between City of DBQ, Iowa and Katherine A. Kalb Trust 302 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 .303 No. 267-21 Accepting the Multicultural Family Center Sidewalk Replacement Project and authorizing the final payment to the contractor..........................................................................................................................303 No. 268-21 Awarding the Public Improvement Contract for the Bee Branch Railroad Culvert Trail Project ... 304 No. 269-21 Accepting the Asbury Road Fiber Optic Collaboration Project Phase I and authorizing the payment tothe contractor..........................................................................................................................................304 No. 270-21 Accepting the Asbury Road Fiber Optic Collaboration — Phase 2 Project, and authorizing the payment to the contractor..........................................................................................................................305 No. 271-21 Accepting the Asbury Road Fiber Optic Collaboration — Phase 3 Project and authorizing the payment to the contractor..........................................................................................................................305 No. 272-21 Accepting Chaplain Schmitt Island Fiber Collaboration Project & authorizing payment to contractor.................................................................................................................................................... 305 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..............................................................306 568 INDEX Book 151 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 Liquor, Beer and WineLicenses and Permits..........................................................................................................................306 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.............................307 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.....................................................................................308 No. 277-21 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...................................313 No. 278-21 Approving plat of proposed vacated portion of Grace Street, in the City of Dubuque, Iowa, to be known as Lot 14A of O'Hare's Subdivision, in the City of Dubuque, Iowa ................................................... 314 No. 279-21 Authorizing approval of Final Plat of Stone Brook Center 3r6 Addition in City of DBQ Iowa ........ 314 No. 280-21 Approving the final plat of Country View Estates in Dubuque County, Iowa ................................ 316 No. 281-21 Authorizing approval of Final Plat of Rustic Point Estates #2 in City of DBQ, DBQ County, la ...... 316 No. 282-21 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 Licenses and Permits..........................................................................................................................318 No. 283-21 Fixing date for a meeting on the authorization of a Loan and Disbursement Agreement and the issuance of not to exceed $290,000 Sewer Revenue Capital Loan Notes of the City of Dubuque, Iowa, and providing for publication of notice thereof................................................................................................. 319 No. 284-21 Intent to vacate a portion of Grace Street, in the City of Dubuque, Iowa, to be known as Lot 14A of O'Hare's Subdivision, in the City of Dubuque, Iowa.................................................................................... 319 No. 285-21 Intent to dispose of an interest in City of Dubuque real estate to Torrent Property Management LLC, setting a time and place for hearing, and providing for the publication of notice thereof..................320 No. 286-21 Authorizing and directing City Manager to prepare an Amended and Restated Urban Renewal Plan for Dubuque Industrial Center Economic Development District and setting dates for the public hearing and consultation process on proposed Amended and Restated Urban Renewal Plan for said district..............321 No. 287-21 Authorizing and directing City Manager to prepare an Amended and Restated Urban Renewal Plan for Dubuque Industrial Center Economic Development District and setting dates for public hearing and consultation process on proposed Amended and Restated Urban Renewal Plan for said district..............321 No. 288-21 Approving Application for U.S. Department of Commerce's National Telecommunications and Information Administration (NTIA) Funding for the deployment of Broadband Infrastructure .................. 322 No. 289-21 Awarding Public Improvement Contract for the Jonathan Lane, Cider Ridge and Orchard Drive Water Main Replacement Project 2021......................................................................................................324 No. 290-21 Authorizing the Mayor to execute an application for the expansion of Four Mounds Park acquisition of Four Mounds Farm and authorizing the Leisure Services Manager and the City Manager to approvethe application...........................................................................................................................325 No. 291-21 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...................................329 No. 292-21 Approving a Grant Agreement between the City of Dubuque, Iowa and Real Property Investments, LLC for the Redevelopment of 1540 Central Avenue................................................................................... 330 No. 293-21 Approving the First Amendment to Agreement between the City of Dubuque, Iowa and Dubuque Area Convention and Visitors Bureau (a.k.a. Travel Dubuque).................................................................... 330 No. 294-21 Approving the Contract Amendment to the Economic Development Financial Assistance Contract by and among Medline Industries, Inc., MRE DIA, LLC, the City of Dubuque, Iowa, and the Iowa Economic DevelopmentAuthority...............................................................................................................................331 No. 295-21 Approving an Assignment Agreement between MIRE DIA, LLC and MIRE Propco, LP....................331 No. 296-21 Approving the First Amendment to Amended and Restated Development Agreement between the City of Dubuque, Iowa and Medline Industries, Inc.....................................................................................331 No. 297-21 Approving commitment of matching funds for an application to the Iowa Finance Authority (IFA) for State Housing Trust Funds...................................................................................................................... 332 No. 298-21 Authorizing the Director of Housing and Community Development to execute an application for the HUD Family Self -Sufficiency Program Grant and authorizing the Director of Housing and Community Development and the City Manager to approve the application................................................................ 333 No. 299-21 Accepting Asphalt Overlay Access Ramp Project 2 & authorizing payment to contractor ........... 334 No. 300-21 Accepting Chaplain Schmitt Veterans Memorial Project & authorizing payment to contractor ..334 No. 301-21 Accepting Grants of Easement for hike/bike trail and public utilities associated with the Chavenelle Road Hike/Bike Trail Project - Phase 2, in the City of Dubuque, Iowa ....................................... 335 Book 151 INDEX 569 No. 302-21 Accepting Grants of Easement for sanitary sewer utility across parts of Lot 1 and 2 of the subdivision of the Northwest Quarter of the Northwest Quarter of Section 7, T88N, R3E, of the 5th P.M., DubuqueCounty, Iowa................................................................................................................................335 No. 303-21 Adopting Supplement Nos. 2021 S-4 and 2021 S-4 Replacement to the Code of Ordinances of the Cityof Dubuque, Iowa.................................................................................................................................336 No. 304-21 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 Licenses and Permits..........................................................................................................................336 No. 305-21 Setting the date for the public hearing on Amendment No. 1 to the Fiscal Year 2022 Budget for theCity of Dubuque.....................................................................................................................................337 No. 306-21 Tiffany Court - Lead Mine Sinkhole Subsidence Remediation Project preliminary approval of plans, specifications, form of contract, and estimated cost; setting date of public hearing on plans, specifications, form of contract, and estimated cost; and ordering the advertisement for bids........................................337 No. 307-21 Kennedy Road Water Main Extension Project 2021 preliminary approval of plans, specifications, form of contract, and estimated cost, setting date of public hearing on plans, specifications, form of contract, and estimated cost, and ordering the advertisement for bids.....................................................338 No. 308-21 Vacating a portion of Grace Street, in the City of Dubuque, Iowa, to be known as Lot 14A of O'Hare's Subdivision, in the City of Dubuque, Iowa....................................................................................339 No. 309-21 Disposing of City Interest in Lot 14A of O'Hare's Subdivision, in the City of Dubuque, Iowa ........ 339 No. 310-21 Instituting proceedings to take additional action for the authorization of a Loan and Disbursement Agreement and the issuance of not to exceed $290,000 Sewer Revenue Capital Loan Notes....................340 No. 311-21 Approving and authorizing a form of Interim Loan and Disbursement Agreement by and between the City of Dubuque and the Iowa Finance Authority, and authorizing and providing for the issuance and securing the payment of $290,000 Sewer Revenue Capital Loan Notes Anticipation Project Note, Series 2021, of the City of Dubuque, Iowa, under the provisions of the Code of Iowa, and providing for a method ofpayment of said note...............................................................................................................................340 No. 312-21 Disposing of city interest in real property located at 654 Clarke Drive, in City of DBQ, IA ...........345 No. 313-21 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...................................348 No. 314-21 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 .....348 No. 315-21 Approving the Final Plat of Cedar Ridge Farm Place No. 19, City of DBQ DBQ County, Iowa ......349 No. 316-21 Approving a Pre -Annexation Agreement between the City of Dubuque, Iowa and Spencer J. and EmilyA. Birkenholz......................................................................................................................................349 No. 317-21 Approving a Pre -Annexation Agreement between the City of Dubuque, Iowa and Nicholas and KaylynHoffmann.........................................................................................................................................350 No. 318-21 Approving a Grant Agreement between the City of Dubuque, Iowa and Dub Jones Real Estate, LLC for the redevelopment of 2900 Central Avenue..........................................................................................350 No. 319-21 Approving a Federal Land and Water Conservation Fund Program Project Agreement between the Iowa Department of Natural Resources, the Land and Water Conservation Fund, and the City of Dubuque, Iowa for the Bee Branch Creek Trail Connector Project..............................................................................351 No. 320-21 Approving the Acquisition Plat of Lot 2A of Dubuque Industrial Center North Third Addition in the Cityof Dubuque, Iowa.................................................................................................................................351 No. 321-21 Accepting the 16th and Kerper Peosta Channel Bridge Fiber Collaboration Project and authorizing the payment to the contractor.................................................................................................................... 352 No. 322-21 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 Licenses and Permits..........................................................................................................................353 No. 323-21 Approving the Amended and Restated Urban Renewal Plan, Version 2021.4, for the Dubuque Industrial Center Economic Development District.......................................................................................355 No. 324-21 Approving the Amended and Restated Urban Renewal Plan, Version 2021.5, for the Dubuque Industrial Center Economic Development District.......................................................................................356 No. 325-21 Record of Hearing and Adoption of Budget Amendment.............................................................357 No. 326-21 Approval of plans, specifications, form of contract, and estimated cost for the Tiffany Court - Lead Mine Sinkhole Remediation Project............................................................................................................359 No. 327-21 Approval of plans, specifications, form of contract, and estimated cost for the Kennedy Road Water Main Extension Project 2021............................................................................................................359 No. 328-21 Approving the acquisition of real estate owned by River City Development Group LLC in Dubuque County, Iowa................................................................................................................................................360 570 INDEX Book 151 No. 329-21 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...................................373 No. 330-21 Approving the City of Dubuque Fiscal Year 2021 City Street Financing Report ............................ 373 No. 331-21 Approving a Grant Agreement between the City of Dubuque, Iowa and Unitarian Universalist Fellowship of Dubuque, Iowa for the redevelopment of 1699 Iowa Street ................................................ 374 No. 332-21 Approving a Grant Agreement between the City of Dubuque, Iowa and TKWJ Estates, LLC for the redevelopment of 2535 Central Avenue...................................................................................................... 374 No. 333-21 Approving Agreement by & among Iowa Economic Development Authority, DBQ Main Street, LTD., & City of DBQ providing for the DBQ Main Street Program in the City of Dubuque ........................... 375 No. 334-21 Approving the First Amendment to Development Agreement between the City of Dubuque, Iowa andDerby Grange, LLC................................................................................................................................ 375 No. 335-21 Approving the sale of real estate owned by 210 Jones, LLC......................................................... 376 No. 336-21 Approving the Third Amendment to Development Agreement between the City of Dubuque, Iowa and210 Jones, LLC....................................................................................................................................... 376 No. 337-21 Approving a Pre -Annexation Agreement between City of DBQ la & River City Stone Company. 377 No. 338-21 Award Public Improvement Contract, Tiffany Court, Lead Mine Sinkhole Remediation Project.. 377 No. 339-21 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 Licenses and Permits..........................................................................................................................378 No. 340-21 Setting a public hearing on the Voluntary Assessment Agreement for Water Connection Fee for 1951 W. 32nd Street..................................................................................................................................... 379 No. 341-21 Authorizing and directing City Manager to prepare an Amended and Restated Urban Renewal Plan for Dubuque Industrial Center Economic Development District and setting dates for public hearing and consultation process on the proposed Amended and Restated Urban Renewal Plan for said district........ 379 No. 342-21 Setting a public hearing on an application for voluntary annexation of territory to the City of Dubuque, Iowa............................................................................................................................................ 380 No. 343-21 Setting a public hearing on an application for voluntary annexation of territory to the City of Dubuque, Iowa............................................................................................................................................ 381 No. 344-21 State Revolving Fund Loan Environmental Review, Old Mill Pump Station and Force Main Project, Preliminary Approval of an Environmental Review as provided by SRF's Department of Natural Resources for the Old Mill Pump Station and Force Main Project, ordering advertisement for public notice.............382 No. 345-21 Awarding Public Improvement Contract for Kennedy Rd Water Main Extension 2021 Project ... 384 No. 346-21 Authorizing City Manager or his designee to execute Agreement & any further documents required for execution of HUD Older Adult Home Modification Program Grant Award of $1,000,000 ...... 385 No. 347-21 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...................................386 No. 348-21 Approving the Final Plat of Rolling Hills Farm Subdivision Plat 2, Dubuque County, Iowa ............ 387 No. 349-21 Approving the Final Plat of Stone Quarry Subdivision Plat 4, Dubuque County, Iowa..................387 No. 350-21 Approving a Pre -Annexation Agreement between the City of Dubuque, Iowa and LTD Ranch, LLC, LauraM. Demaio......................................................................................................................................... 387 No. 351-21 Approving a Pre -Annexation Agreement between the City of Dubuque, Iowa and Isidore and DaynaHaverland..........................................................................................................................................388 No. 352-21 Accepting Public Improvements on South Heacock Road, in the City of Dubuque, Iowa ............. 388 No. 353-21 Accepting Dillon Street Drain Tile Project 2021 & authorizing payment to the contractor .......... 389 No. 354-21 Approving the First Amendment to Development Agreement between the City of Dubuque, Iowa andThree Amigos, LLC................................................................................................................................. 389 No. 355-21 Accepting Deed to Real Estate owned by Hendricks Feed & Seed Co., Inc. in DBQ County, la ..... 390 No. 356-21 Authorizing Execution FY22 Contracted Services Agreement w/ 4 Mounds Heart Program ........ 390 No. 357-21 Authorizing the Mayor to execute an application for the Continuum of Care Grant and authorizing the Director of Housing and Community Development and the City Manager to approve the application 391 No. 358-21 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 WineLicenses and Permits..........................................................................................................................391 No. 359-21 Approving applications for retail cigarette/tobacco sales/nicotine/vapor permits, as required by Iowa Code Chapter 453A.47A......................................................................................................................391 No. 360-21 Intent to dispose of an interest in real property by Second Amendment to Lease Agreement with Iowa Greyhound Association....................................................................................................................... 392 No. 361-21 (1) Approving the minimum requirements, competitive criteria, and offering procedures for the development and the sale of certain real property and improvements in The Dubuque Industrial Center Book 151 INDEX 571 West Urban Renewal District; (2) Determining that the offer to purchase submitted by Setzer Properties DBQ, LLC satisfies the offering requirements with respect to the real property and improvements and declaring the intent of the City Council to approve the sale to Setzer Properties DBQ, LLC in the event that no competing proposals are submitted; and (3) Soliciting competing proposals........................................393 No. 362-21 Approval of the Final Schedule of Assessments for 1951 W. 32"d Street......................................400 No. 363-21 Authorizing the City Manager or his designee to execute an agreement and any further documents required for the execution of the Lead and Healthy Homes Grant Award of $1,000,000 ........ 403 No. 364-21 Chavenelle Road Hike -Bike Trail — Phase 2 Project, Iowa DOT Project No. EDP-2100(696)-7Y-31, Preliminary approval of plans, specifications, form of contract, & estimated cost, setting date of public hearing on plans, specifications, form of contract, & estimated cost, & set public hearing as indicated ...404 No. 365-21 Approving the Second Amendment to the Economic Development Financial Assistance Contract by and among Medline Industries, Inc., MRE DIA, LLC, the City of Dubuque, Iowa, and the Iowa Economic DevelopmentAuthority...............................................................................................................................404 No. 366-21 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...................................406 No. 367-21 Approving the Fiscal Year 2021 Urban Renewal Report for the City of Dubuque .........................407 No. 368-21 Authorizing the Director of Transportation Services File Applications with the Iowa Department of Transportation — Office of Public Transit.....................................................................................................407 No. 369-21 Authorizing the Director of Transportation Services File Applications with the Federal Transit Administration, an operating administration of the United States Department of Transportation, for Federal Transportation Assistance authorized by 49 U.S.C. Chapter 53 Title 23 United States Code and other federal statutes administered by the Federal Transit Administration...............................................407 No. 370-21 Approving the Assignment of the Development Agreement between the City of Dubuque and Betty Building, LLC from Betty Building, LLC to Carmac Management, Inc..................................................408 No. 371-21 Approving the Acquisition Plat of Lot 1A of Carmel Heights No. 2, in the City of Dubuque, Iowa 409 No. 372-21 Approving the Acquisition Plat of Lot 2A of Carmel Heights No. 2, in the City of Dubuque, Iowa 409 No. 373-21 Approving the dedication of Lot 2-1 of Evelyn Tharp Place in Mineral Lot 324 in the City of Dubuque, Iowa as right of way for Louise Lane, in the City of Dubuque, Iowa...........................................410 No. 374-21 Accepting Asphalt Overlay Access Ramp Project 3 & Authorizing Payment to Contractor .......... 410 No. 375-21 Approving the Iowa Department of Transportation Cooperative Agreement for Primary Road Project (Agreement No. 2019-16-189) for the Phase 4 - US52 Central Avenue (9th - 2111) HMA Pavement ResurfacingProject......................................................................................................................................411 No. 376-21 Rescinding Resolution No. 344-21................................................................................................411 No. 378-21 Authorizing execution of FY22/PY21 Community Development Block Grant Agreement ............412 No. 379-21 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 .412 No. 380-21 Authorizing the city to collect delinquent problem property charges in accordance with 14-1J1 International Property Maintenance Code Section 106.5 and/or Section 109.5 Code of Ordinances of the Cityof Dubuque, Iowa.................................................................................................................................413 No. 381-21 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 Licenses and Permits..........................................................................................................................414 No. 382-21 Setting Date of Public Hearing on the Agreement with the Army Corps of Engineers Consent to EasementStructures....................................................................................................................................415 No. 383-21 Intent to dispose of an interest in real property owned by the City of Dubuque by Lease Supplement between the City of Dubuque, Iowa and Comelec Internet Services, LLC...............................415 No. 384-21 Approving an application for voluntary annexation of territory to the City of Dubuque, Iowa .... 416 No. 385-21 Approving an application for voluntary annexation of territory to the City of Dubuque, Iowa .... 419 No. 386-21 Disposing of an Interest in Real Estate by approving the Second Amendment to Lease Agreement between the City of Dubuque, Iowa, and Iowa Greyhound Association.....................................................420 No. 387-21 Approving the Amended and Restated Urban Renewal Plan, Version 2021.6, for the Dubuque Industrial Center Economic Development District.......................................................................................420 No. 388-21 Approval of plans, specifications, form of contract, and estimated cost for the Chavenelle Road Hike -Bike Trail — Phase 2 Project Iowa DOT Project No. EDP-2100(696)— 7Y-31........................................421 No. 389-21 Awarding Public Improvement Contract for the Chavenelle Road Hike -Bike Trail — Phase 2 Project Iowa DOT Project No. EDP-2100(696)-7Y-31.............................................................................................421 No. 390-21 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...................................432 No. 391-21 Awarding Bee Branch Healthy Homes Program Contract for 1560 Iowa St. Construction Project433 572 INDEX Book 151 No. 392-21 Approving a Pre -Annexation Agreement between the City of Dubuque, Iowa and Jeffery and CarolynBurger.............................................................................................................................................433 No. 393-21 Approving Plat of Survey of Lot 1-C and Lot 2-C Dubuque Industrial Center North First Addition, in theCity of Dubuque, Iowa...........................................................................................................................434 No. 394-21 Approving an Agreement for Construction of Roadway Improvements on Stoneman Road and JFK Road between the City of Dubuque, Iowa and GreenState Credit Union....................................................434 No. 395-21 Accepting Stumps / Sidewalks Project One & authorizing payment to contractor .......................435 No. 396-21 Accepting the Mystique Community Ice Center Floor Slab Void Filling, Lifting and Leveling Project and authorizing the payment to the contractor..........................................................................................435 No. 397-21 Adopting Supplement No. 2021 S-5 to the Code of Ordinances of the City of Dubuque, Iowa ....437 No. 398-21 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 Licenses and Permits..........................................................................................................................437 No. 399-21 Setting a Public Hearing on 2021 Redistricting Plan for the Wards and Precincts of the City of Dubuque, Iowa............................................................................................................................................438 No. 400-21 Fixing date for a meeting on the authorization of a Loan and Disbursement Agreement and the issuance of not to exceed $1,570,000 Water Revenue Capital Loan Notes of the City of Dubuque, Iowa, and providing for publication of notice thereof.................................................................................................438 No. 401-21 Fixing date for a meeting on the authorization of a Loan and Disbursement Agreement and the issuance of not to exceed $900,000 Sewer Revenue Capital Loan Notes of the City of Dubuque, Iowa, and providing for publication of notice thereof.................................................................................................439 No. 402-21 Necessity for the 2022 John F. Kennedy Road Sidewalk Installation Project ................................ 440 No. 403-21 Approving the preliminary plats, schedule of assessments and estimate of total cost for the 2022 John F. Kennedy Road Sidewalk Installation Project....................................................................................440 No. 404-21 Disposing of interest in real estate through Agreement with the U.S. Army Corps of Engineers.445 No. 405-21 Approving the disposal of an interest in real property owned by the City of Dubuque by Lease Supplement between the City of Dubuque, Iowa and Comelec Internet Services, LLC...............................445 No. 406-21 Approving a Development Agreement between the City of Dubuque Iowa and Setzer Properties DBQ LLC providing for the sale of real property owned by the City of Dubuque.......................................447 No. 407-21 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...................................449 No. 408-21 Approving a Pre -Annexation Agreement between the City of DBQ, IA and ITC Midwest, LLC .....450 No. 409-21 Approving a Pre -Annexation Agreement between the City of Dubuque, Iowa and Harry J. and MaryE. Althaus............................................................................................................................................451 No. 410-21 Approving a Pre -Annexation Agreement between the City of Dubuque, Iowa and Harry J. and MaryE. Althaus............................................................................................................................................451 No. 411-21 Approving a Pre -Annexation Agreement between the City of Dubuque, Iowa and Randy W and Constance1 Mueller.....................................................................................................................................452 No. 412-21 Approving a Pre -Annexation Agreement between the City of Dubuque, Iowa and Russell K. and TraceyL. Stecklein.......................................................................................................................................452 No. 413-21 Accepting the Eagle Point Park Bridge Complex Roof Project and authorizing the payment to the contractor.................................................................................................................................................... 453 No. 414-21 Accepting HMA Pavement Milling & Resurfacing Project on White Street (formerly US52) from 9th to 11th St. and on 11th St. from White to Elm St. and authorizing payment to contractor ..........................453 No. 415-21 Approving an Agreement to Vacate Easement between the City of Dubuque, Iowa and Harry J. andMary E. Althaus.....................................................................................................................................454 No. 416-21 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 WineLicenses and Permits..........................................................................................................................454 No. 417-21 Setting a public hearing on the Fiscal Year 2022 (Program Year 2021) Community Development Block Grant (CDBG) Annual Action Plan Amendment #2 was......................................................................455 No. 418-21 Intent to vacate and dispose of city interest in a Permanent Right of Way Easement, being part of Tanzanite Drive, over and across Lot 2 of Alt's Subdivision, Plat 2, in Dubuque County, Iowa ...................455 No. 419-21 Necessity for the 2022 John F. Kennedy Road Sidewalk Installation Project ................................ 456 No. 420-21 Approving the Preliminary Plats, Schedule of Assessments and estimate of total cost for the 2022 John F. Kennedy Road Sidewalk Installation Project....................................................................................456 No. 421-21 Approving a Precinct Agreement between Dubuque County and the City of Dubuque ...............457 No. 422-21 Instituting proceedings to take additional action for the authorization of a Loan and Disbursement Agreement and the issuance of not to exceed $900,000 Sewer Revenue Capital Loan Notes....................466 Book 151 INDEX 573 No. 423-21 Approving and authorizing a form of Interim Loan and Disbursement Agreement by and between the City of Dubuque and the Iowa Finance Authority, and authorizing and providing for the issuance and securing the payment of $465,000 Sewer Revenue Capital Loan Notes Anticipation Project Note, Series 2022A, of the City of Dubuque, Iowa, under the provisions of the Code of Iowa, and providing for a method ofpayment of said note...............................................................................................................................466 No. 424-21 Approving and authorizing a form of Interim Loan and Disbursement Agreement by and between the City of Dubuque and the Iowa Finance Authority, and authorizing and providing for the issuance and securing the payment of $400,000 Sewer Revenue Capital Loan Notes Anticipation Project Note, Series 2022B, of the City of Dubuque, Iowa, under the provisions of the Code of Iowa, and providing for a method ofpayment of said note...............................................................................................................................466 No. 425-21 Instituting proceedings to take additional action for the authorization of a Loan and Disbursement Agreement and the issuance of not to exceed $1,570,000 Water Revenue Capital Loan Notes.................476 No. 426-21 Approving and authorizing a form of Interim Loan and Disbursement Agreement by and between the City of Dubuque and the Iowa Finance Authority, and authorizing and providing for the issuance and securing the payment of $1,570,000 Water Revenue Capital Loan Notes Anticipation Project Note, Series 2022, of the City of Dubuque, Iowa, under the provisions of the Code of Iowa, and providing for a method ofpayment of said note...............................................................................................................................476 No. 427-21 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...................................486 No. 428-21 Approving the Termination Agreement and Release Terminating the Grant Agreement by and between the City of Dubuque, Iowa and K&L Leasing, LLC..........................................................................486 No. 429-21 Approving increase in voucher payment standards for HUD-VASH Program in the City of DBQ..487 No. 430-21 Approving an agreement between the City of Dubuque and ITC Midwest, LLC to operate an electric transmission system in the City of Dubuque...................................................................................488 No. 431-21 Approving a Pre -Annexation Agreement between the City of Dubuque, Iowa and Wwb InvestmentsLC.............................................................................................................................................488 No. 432-21 Approving a Pre -Annexation Agreement between City of DBQ, IA & Mulgrew Oil Company ......489 No. 433-21 Approving a Pre -Annexation Agreement between the City of Dubuque, Iowa and Elizabeth Reuter 2018 Revocable Trust Agreement................................................................................................................489 No. 434-21 Approving a Pre -Annexation Agreement between the City of Dubuque, Iowa and Donald R and BarbaraK Preston........................................................................................................................................489 No. 435-21 Approving an amendment to the Cooperative 28E Agreement with the Iowa Department of Agriculture and Land Stewardship for a project to remediate and mitigate the lead mine sinkhole subsidence at 2784 and 2792 Tiffany Court.................................................................................................490 No. 436-21 Approving a Federal -Aid Swap Funding Agreement (6-21-STBG-SWAP-021) with the Iowa Department of Transportation for the Northwest Arterial - State of Good Repair Project .........................491 No. 437-21 Accepting public parking lot improvements on Jones Street in the City of Dubuque, Iowa .........491 No. 438-21 Accepting Wood Street Sanitary / Water Project & authorizing payment to contractor..............492 No. 439-21 Accepting Airport Parking Lot Resurfacing Project & authorizing final payment to contractor .... 492 No. 440-21 Accepting the Multicultural Family Center Expansion and Renovation Project and authorizing the payment to the contractor..........................................................................................................................493 No. 441-21 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 Licenses and Permits..........................................................................................................................494 No. 442-21 Intent to dispose of an interest in real property owned by the City of Dubuque by lease between the City of Dubuque, Iowa and Dubuque Racing Association, Ltd...............................................................495 No. 443-21 Adopting the Fiscal Year 2022 (Program Year 2021) Community Development Block Grant (CDBG) Annual Action Plan Amendment#2.............................................................................................................496 No. 444-21 Vacating a permanent right of way easement, being part of Tanzanite Drive, over and across Lot 2 of Alt's Subdivision, Plat 2, in Dubuque County, Iowa.................................................................................496 No. 445-21 Disposing of city interest in a permanent right of way easement, being part of Tanzanite Drive, over and across Lot 2 of Alt's Subdivision, Plat 2, in Dubuque County, Iowa..............................................496 No. 446-21 Approving Professional Services Consultant Contract with HDR, Inc. to complete the preliminary engineering design and environmental clearance phase to advance the development of East-West Corridor CapacityImprovements...............................................................................................................................498 Rettenberger, Jolene...........................................................................................................................................456 Revitalize Iowa's Sound Economy (RISE)................................................................................................................39 Reynolds, Kim, Iowa Governor............................................................................................................................332 Rheingans, Stan, Dubuque Community School District Superintendent.............................................................172 574 INDEX Book 151 Rhodes, Dr. Linda, Consultant...............................................................................................................................12 RhombergAvenue, 801.......................................................................................................................................128 RichardsHouse B & B, The.....................................................................................................................................43 Richards, Joshua-James....................................................................................................................................... 373 RidgeView Acres......................................................................................................................................... 236,282 River City Development Group, LLC............................................................................................. 360, 380, 418, 419 RiverCity Paving.................................................................................................................................................. 492 RMNLounge LLC....................................................................................................................................................29 RoaldDahl's - Matilda.......................................................................................................................................... 292 Roasting Solutions, LLC......................................................................................................... 37, See Warranty Deed Roche, Art............................................................................................................................................ 180, 329, 400 Roddick, Tara, Childcare Resource and Referral .................................................................................................. 276 Rodriguez, P.E., Luis V., Federal Insurance and Mitigation Administration Director of Engineering and Modeling Division............................................................................................................................................................ 314 Ron's Discount Smokes and Beverage. Center.................................................................................................... 336 Ron's Five Point Mart...........................................................................................................................................168 RootedTable event............................................................................................................................................. 346 RoshekProperty, LLC...........................................................................................................................................227 RotaryClub of Dubuque...................................................................................................................................... 242 Rouse and Dean Foundry Building, LLC................................................................................................................. 28 Rouse, Jenny........................................................................................................................................................127 RoutleyConstruction............................................................................................................................................. 42 Royal Oaks Development Corporation........................................................................................ 113, 114, 199, 200 Rudden, Dick, Former Assistant Fire Chief........................................................................................................... 275 RusticPoint Estates............................................................................................................................................. 317 RustyTaco........................................................................................................................................................... 318 Ryan, Tamara...................................................................................................................... See Property Tax Appeal S&S Builders......................................................................................................................................... 334, 377, 378 Saleof City Owned Property........................................................................................................................ 129,136 CentralAvenue, 2243.................................................................................................................................. 66,90 ClarkeDrive, 654...................................................................................................................................... 320,345 East22nd Street, 305-307............................................................................................................................. 65,89 GieseProperties, LLC.......................................................................................................................................116 IowaStreet, 1659..................................................................................................................................... 132,171 Lot 14A of O'Hare's Subdivision....................................................................................................................... 339 Lot 1A Block 7 of Grandview Park....................................................................................................................137 Setzer Properties DBO, LLC...................................................................................................................... 392,447 SimmonsPet Food, Inc................................................................................................................................ 10,24 WalnutStreet, 1293..................................................................................................................................... 21,31 Salsa's Mexican Restaurant...................................................................................................................................82 Salzmann, Nathan and Amanda.............................................................................................................................15 Sanitary Asset Management Master Plan........................................................................................................ 29,44 SanitaryEasement.................................................................................................................................................41 Santjer, Merlin, Miracle League of Dubuque....................................................................................................... 293 Scales Mound Packet Co. d/b/a River Cruises..................................................................................................... 242 Schlosser, Jacob............................................................................................................................................... 60,61 SchmittEstates....................................................................................................................................................236 Schmitt, Dennis J. and Carol A............................................................................... See Pre -Annexation Agreements Schneider, James L. and Sharon M...................................................................................................................... 283 Schnurer, Eric, Public Works, LLC President..........................................................................................................12 School Resource Officer (SRO)............................................................................................................................. 353 Schwendinger, Adam...........................................................................................................................................339 SecondReading........................................................................................................................................... 144,308 SeippelRoad........................................................................................................................................................262 SELCO, Inc...................................................................................................................................... 18, 283, 284, 333 Sertoma............................................................................................................................................................... 353 Book 151 INDEX 575 Service Agreements........................................................................................................19, 167, 313, 330, 333, 352 SetzerProperties DBQ, LLC.......................................................................................................................... 392,447 Seven(7) Hills Brewing Co, LLC............................................................................................................................269 Shannon's Bar and Grill........................................................................................................................................307 SheetsDesign Build, LLC......................................................................................................................................493 ShenanigansPub, LLC.................................................................................................................................. 204,218 SheridanRoad, 3160............................................................................................................................................258 Shimek, David, Green Iowa AmeriCorps..............................................................................................................179 ShotTower Inn....................................................................................................................................................204 SidewalkReplacement Policy.............................................................................................................................. 210 Sid's Beverage Store Inc....................................................................................................................................... 243 Signed Contract(s).................................................... 9, 167, 200, 217, 242, 286, 303, 333, 352, 409, 433, 453, 490 Asbury Road Fiber Optic Collaboration........................................................................................................ 20, 42 CellularTelephone L.P. .................................................................................................................................... 129 Chaplain Schmitt Island Fiber Option Collaboration Project..............................................................................42 ImOnCommunications......................................................................................................................................63 JuleTransit Bus Camera System........................................................................................................................28 Multicultural Family Center Sidwalk Replacement Project................................................................................63 WaterSports Club............................................................................................................................................129 SilverOaks Estates.......................................................................................................................................130, 236 Silverwood Drive, 10314........................................................................................ See Pre -Annexation Agreements Simmons Pet Food, Inc.........................................................................................................9, 10, 23, 105, 287, 307 SimmonsWay..................................................................................................................................................23, 32 Simon vs. City of Dubuque and Dalsing lawsuit...................................................................................................200 Simon, Dave, Former City Council Member...........................................................................................................11 SkinnyMaginny's.................................................................................................................................................438 SkyBlue Estates.......................................................................................................................................................9 SmallBusiness Saturday Coalition.......................................................................................................................431 Smart Traffic Routing with Efficient and Effective Traffic System (STREETS).......................................................167 Smith, Janet......................................................................................................................................................... 277 Smokestack, The..................................................................................................................................................242 Sourceof Income (SOI)..........................................................................................................................................69 SouthendTap.......................................................................................................................................................353 Southway, 2206...................................................................................................................................................359 Southwest Arterial Moratoriums.........................................................................................................................138 Spahnand Rose Lumber Co............................................................................................................................. 39,40 Special Needs Assistance Program (SNAP)..........................................................................................................202 SpeedLimit Reduction.........................................................................................................................................262 SpencerGifts........................................................................................................................................................243 SportstersPub and Grub......................................................................................................................................115 Spyrison, Douglas.................................................................................................................................................265 Sr. Marilou Irons, PVBM, of the Tri-State Coalition.................................................................................................1 Sr. Mary Lechtenberg..............................................................................................................................................1 St. John's, Homeless Shelter................................................................................................................................123 StateChildcare Board..........................................................................................................................................123 StateFarm Insurance.............................................................................................................................................27 State Historic Preservation..................................................................................................................................215 State Historic Resources Development Program (HRDP)....................................................................................128 State Historical Society of Iowa(SHSI).................................................................................................................280 State of Iowa Business Financial Assistance Contract..........................................................................................105 State Recreational Trail (SRT)..............................................................................................................................241 State Revolving Fund (SRF)......................................................... 25, 29, 44, 319, 340, 382, 411, 438, 439, 466, 476 Staudenmaier, Jeff, Eastern Iowa Operations Manager......................................................................................311 Stecklein, Russell K. and Tracy L............................................................................. See Pre -Annexation Agreements Steeple Square....................................................................................................................... 29, 122, 144, 272, 273 Steve's Ace Home and Garden.............................................................................................................................494 Stewart, John, St. John's Episcopal Church Kindness Community Campaign......................................................329 Stewart, R.R.S................................................................................................................................................36, 329 Stoffel, Bill and Jan...............................................................................................................................................456 576 INDEX Book 151 Stohmeyer, Robert..............................................................................................................................................128 StoneBrook Center............................................................................................................................................. 314 StoneCliff Winery................................................................................................................................................168 StonewoodDrive, 10426.....................................................................................................................................488 Stoppelman, Gary, Dubuque Museum of Art Executive Director..........................................................................13 Strand Associates, Inc.................................................................................................................. 200, 378, 430, 491 Strand, Kurt, Dubuque County Historical Society President, and CEO...................................................................13 Suave, Rio, Key City Pride.................................................................................................................................... 234 Subbert, Sarah, Iowa Association of Naturalist's Awards Committee Chair..........................................................77 Sullivan, Dan, Dubuque Area Chamber of Commerce Vice President of Membership........................................431 SuperStar Tobacco........................................................................................................................................ 29,243 SuperStop IV............................................................................................................................................... 218,243 Supple, Peter, Community Foundation of Greater Dubuque Economic Opportunity Coordinator ............. 346,373 Sustainable Dubuque................................................................ 11, 26, 131, 179, 211, 216, 328, 372, 403, 405, 431 Sutton, Lynn, Co-chair of Friends of Fair Housing.................................................................................................. 73 Swearing-In....................................................................................................................................................72, 163 Sweeney, John..................................................................................................................................................... 312 III T.S.D. Building Partnership, L.L.P........................................................................................................... 82, 118, 119 TableMound......................................................................................................................................... 78, 310, 335 Taliaferro, Suzan.......................................................................................................................................... 347,348 TanzaniteDrive.................................................................................................................................... 454, 455, 496 TargetStore T-0086............................................................................................................................................. 438 Tatro, Christel, Association of Fundraising Professionals - Greater Tri-State Chapter ........................................406 Tax Increment Financing(TIF)...........................................................................16, 32, 214, 278, 279, 294, 348, 407 TD&I Cable Maintanance......................................................................................................................... 24, 25, 305 Tekippe, Caitlyn...................................................................................................................................................449 Temperley Excavating, Inc....................................................................................................324, 325, 333, 352, 492 Terminationof Grant Agreement........................................................................................................................486 Thorne, Michael and Jane............................................................................................................................ 265,277 ThreeAmigos, LLC............................................................................................................................................... 389 Tibodeau, Jesse, Iowa Department of Transportation Assistant District Engineer ...................................... 453,491 Tiffany Court.................................................................................................................209, 337, 346, 359, 377, 490 Timothy Street, 10096........................................................................................... See Pre -Annexation Agreements Timothy Street, 10121........................................................................................... See Pre -Annexation Agreements Tinkham, Mark.....................................................................................................................................................406 TKWJEstates, LLC................................................................................................................................................ 374 Tobacco Outlet Plus#504............................................................................................................................ 204,243 Torrent Property Management LLC............................................................................................................. 320,345 TowContract....................................................................................................................................................... 352 TownClock Inn......................................................................................................................................................43 TownePlaceSuites by Marriott.............................................................................................................................. 20 Transit Advisory Board Members................................................................................................................................................. 395,416 Transportation Alternatives Program (TAP)........................................................................................................ 261 Travel Dubuque / Dubuque Area Convention and Visitors Bureau ..................20, 35, 262, 360, 372, 378, 403, 484 TreesForever....................................................................................................................................... 211, 292, 403 TriState Coalition................................................................................................................................................ 333 Tricon General Construction, Inc................................................................................................................. 242,304 Tschiggfrie Excavating Co....................................................................................................................... 18, 215, 268 Twenty Eight E (28E) Agreements DubuqueCounty...................................................................................................................................... 282,422 Hawkeye Area Community Action Program (HACAP) Board.............................................................................11 Iowa Department of Agriculture and Land Stewardship................................................................................. 209 Iowa Department of Inspections and Appeals........................................................................................... 20,313 OperationNew View / HACAP...........................................................................................................................11 Stateof Iowa............................................................................................................................................ 209,490 Book 151 INDEX 577 Two hundred ten (210) Jones, LLC............................................................................................................... 376,491 Two-G-Two (2G2,) LLC...................................................................................................................................60, 265 Tyler Technologies cloud -hosted Munis and EnerGov systems...........................................................................161 V U.S. Army Corps of Engineers................................................................................................ 41, 219, 260, 415, 445 U.S. Department of Commerce's National Telecommunications and Information Administration (NTIA).......... 322 U.S. Department of Housing and Urban Development (HUD).......... 72, 74, 165, 202, 238, 333, 385, 390, 403, 412 U.S. Department of Transportation..................................................................................................................... 289 U.S. DOT Infrastructure for Rebuilding America (INFRA) Grant.............................................................................79 U.S. Environmental Protection Agency (EPA)..............................................................................................112, 241 LIMBBank, N.A.................................................................................................................................... 236, 291, 295 Unified Development Code......................................................................................................... 138, 245, 314, 354 Unitarian Universalist Fellowship of Dubuque....................................................................................................374 UnitePrivate Network(UPN)...............................................................................................................................203 University Drive, 3187....................................................................................................... See Grants of Easements Universityof Dubuque................................................................................................................................. 319,339 Universityof Iowa................................................................................................................................................165 Urban Renewal Tax Increment Revenue Grant Obligations................................................................................116 URETEKUSA Inc...................................................................................................................................................435 USDA Natural Resources Conservation Service Conservation Innovation...........................................................324 Utility Bill Delinquency Policy..............................................................................................................................289 UtilityService Contractors...................................................................................................................................304 V Vaassen, Randy and Mimi............................................................................................................................ 347,359 Vacant/Abandoned Buildings..............................................................................................................................499 VacateEasement.................................................................................................................................................454 VacateEasements........................................................................................................................................ 455,496 Valentine Park Community Garden.......................................................................................................................39 VanMilligen, Michael and Nancy........................................................................................................................277 Vanderloo and White Animal Hospital................................................................................................................432 VaporCity Outlet.................................................................................................................................................243 Vault Restaurant and Cocktail Lounge, The ...........................................................................................................82 Vendors Unlimited Corporation............................................................................ See Pre -Annexation Agreements VermontSystems Inc...........................................................................................................................................313 VeteransMemorial Plaza............................................................................................................................. 234,334 Viertel, Dennis.....................................................................................................................................................329 Vinny Vanucchi's Little Italy.........................................................................................................................287, 318 Visiting Nurse Association (VNA).........................................................................................................................352 VoicesStudios......................................................................................................................................................106 Voluntary Annexation.................................................................................................................. 380, 381, 416, 418 Voucher Payment Standard (VPS).......................................................................................................................487 W Wagner, Bev.......................................................................................................................................................... 77 Wagner, Chad...................................................................................................................................................... 359 Wagner, Marty J. and Dawn.................................................................................. See Pre -Annexation Agreements Walgreens............................................................................................................................................ 218, 243, 269 Waller, Drew........................................................................................................................................................127 WalmartSupercenter..................................................................................................................................243, 378 WalnutStreet, 1293......................................................................................................................................... 21,31 WalnutTap.......................................................................................................................................... 243, 287, 318 WalterDevelopment, LLC............................................................................................................................388, 389 Ward1 Primary Election........................................................................................................................................65 Ward 1 Special Election....................................................................................................................... 26, 34, 70, 81 578 INDEX Book 151 Wardsand Precincts............................................................................................................................ 438, 457, 466 Warranty Deed................................................................................. 37, 90, 171, 345, 380, 381, 390, 416, 419, 426 WashingtonNeighborhood................................................................................................................................. 332 Washington Street Neighborhood Conservation District............................................................................ 122,144 WashingtonStreet, 990.........................................................................................................................................28 Water Enterprise Revenue Bonds........................................................................................................................ 209 Water Quality Report Public Information Brochure............................................................................................216 Water Resource and Recovery Center(WRRC).................................................................................................... 340 WeberSurveying, LLC..........................................................................................................................................113 Weber, T.1............................................................................................................................................................ 208 Weidman, Blake, School Connector...................................................................................................................... 59 Wellenkamp, Colin, Mississippi River Cities and Towns Initiative (MRCTI) Executive Director ...........................485 WellsFargo Bank, N.A.................................................................................................................................. 236,291 Welsh, Nellie, Girl Scouts of Eastern Iowa and Western Illinois Regional Program Manager.............................104 WenzelTowing.................................................................................................................................................... 352 West1s' Street, 245................................................................................................................................................. 8 West3rd Street, 1575................................................................................................................................... 415,445 Westmark Drive.......................................................................................................See Grand River Medical Group WestmarkDrive, 4025......................................................................................................................................... 395 Which? Sandwich...................................................................................................................................................29 WhiskeyRiver......................................................................................................................................................168 White Street, 1620 and 1628....................................................................................................................... 122,144 White, Jason, Greater Dubuque Development Corporation Vice President of Business Services ............... 225,359 Whitney House, 1175 Langworthy Street............................................................................................................172 WHKS and Co........................................................................................................................286, 314, 320, 339, 453 WickedDame.......................................................................................................................................................414 Willis, Abby, Green Iowa AmeriCorps..................................................................................................................179 Willis, Danielle, St. Mark Youth Enrichment........................................................................................................265 WilmacProperty Company..................................................................................................................................408 WindsorAve., 3485.............................................................................................................................................257 Winterwood, Charles...........................................................................................................................................456 Wisconsin Independent Network........................................................................................................................203 Wolf, Becky............................................................................................................................................................15 Wolf, Judy, 708 Kelly Ln.......................................................................................................................................122 Womanof the Year Award..................................................................................................................................406 Women of Achievement Awards................................................................................................................. 163,180 Woods, Hobbie, Dubuque Trees Forever Vice President.....................................................................................104 Woodward Communications, Inc........................................................................................................................199 WwbInvestments, LC..........................................................................................................................................488 Y Yardarm................................................................................................................................................................. 43 YenChing Restaurant..........................................................................................................................................414 Yordy, Mitzi, Grand River Center Manager..........................................................................................................122 YourPie................................................................................................................................................................438 Youtzy, Larry........................................................................................................................................................456 Z Zoning Advisory Commission Members................................................................................................................................. 169, 206, 225, 245 Minutes................................................................................... 15, 36, 77, 127, 180, 234, 277, 347, 386, 431, 485 Recommendations............................................................................ 23, 37, 43, 78, 138, 236, 309, 349, 354, 399 Zoning Board of Adjustment Members..................................................................................................................................................... 68,89 Minutes....................................................................................... 15, 127, 180, 234, 277, 312, 347, 386, 449, 486 Zoromski, Marie, Senior Volunteer Program Director.........................................................................................431