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06 06 22 City Council Proceedings Official_Special and RegularCITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on June 6, 2022, in the second- floor Council Chambers of the Historic Federal Building, 350 W. 6 th Street. Present: Mayor Pro Tem Resnick; Mayor Cavanagh (attended virtually); Council Members Farber, Roussell, Sprank, Wethal; City Manager Van Milligen, City Attorney Brumwell . Absent: Council Member Jones Mayor Pro Tem Resnick 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. SWEARING IN 1. Swearing In Police Chief Jensen: City Manager Van Milligen swore in Police Chief Jeremy Jensen. 2. Swearing In Fire Chief Scheller: City Manager Van Milligen swore in Fire Chief Amy Scheller. PRESENTATION(S) 1. Golden Post Award Finalist for Best LinkedIn Presence: Communications Specialist Trevor Fannon was recognized for the City of Dubuque’s LinkedIn presence recently named one of three 2022 finalists for “Best LinkedIn Presence” Golden Post Award from Government Social Media. 2. Anderson Sainci Individual Governor's Volunteer Service Award: Director of Office of Shared Prosperity and Neighborhood Support Anderson Sainci was recognized for receiving an Individual Governor's Volunteer Service Award. 3. Tessie Strohm Individual Governor's Volunteer Service Award: AmeriCorps Teen Specialist Tessie Strohm was recognized for receiving an Individual Governor's Volunteer Service Award. 4. COVID-19 Update: Public Health Specialist Mary Rose Corrigan provided an update on the COVID-19 pandemic and response activities. PROCLAMATION(S) 1. Men's Health Month (June 2022) was accepted by Permit Clerk Pam McCarron on behalf of the City of Dubuque Wellness Committee and the Men's Health Network. 2. Pride Month (June 2022) was accepted by Indigo Channing and City Council member Danny Sprank on behalf of the Dubuque LGBTQ+ Resource Network and the Multicultural Family Center. 3. World Elder Abuse Awareness Day (June 15, 2022) was accepted by Stacie Speirs on behalf of the Northeast Iowa Area Agency on Aging. CONSENT ITEMS Motion by Roussell to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Farber. Motion carried 6-0. 1. Minutes and Reports Submitted: Library Board of Trustees of 3/24; Proof of publication for City Council Proceedings of 5/2; Proof of publication for List of Claims and Summary of Revenues for Month Ended 4/30. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: Missouri Employers Mutual for personal injury. Upon motion the documents were received, filed, and referred to the City Attorney. 3. Disposition of Claims: City Attorney advised that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Missouri Employers Mutual for personal injury. Upon motion the documents were received, filed, and concurred. 4. Approval of City Expenditures: Upon motion the documents were received and filed, and Resolution No. 203-22 Authorizing the Director of Finance and Budget/City Treasurer to make certain payments of bills that must be paid and approved for payment in accordance with City procedures was adopted. RESOLUTION NO. 203-22 AUTHORIZING THE DIRECTOR OF FINANCE AND BUDGET / CITY TREASURER TO MAKE CERTAIN PAYMENTS OF BILLS THAT MUST BE PAID AND APPROVED FOR PAYMENT IN ACCORDANCE WITH CITY PROCEDURES Whereas, Section 1-7-7(E) of the Municipal Code of the City of Dubuque provides that the Finance Director-City Treasurer shall keep an accurate account of all disbursements, money, or property, specifying date, to whom, and from what fund paid; and Whereas, the invoices, presented by those firms and persons providing such goods and services have been pre-audited by Finance Department personnel in accordance with generally accepted internal control procedures and have been determined to have been requisitioned for a lawful municipal purpose; and Whereas, the Finance Director-City Treasurer has provided a list of Expenditures attached hereto, and by this reference made a part hereof, to be drawn to pay for goods and services provided for City purposes; and Whereas, the City Council of the City of Dubuque has heretofore, by Resolution 142 -18 adopted May 7, 2018, authorized the Finance Director-City Treasurer to issue checks in payment of certain expenditures known as Exception Expenditures prior to City Council approval and such list is attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The Finance Director-City Treasurer is hereby authorized to issue payment for goods and services provided for City purposes in response to the purchase orders and contracts issued in compliance with state and municipal code requirements as requested by designated requisitioning authorities in accordance with approved budget appropriations. Section 2. In accordance with Iowa Code Section 372.13(6), the City Clerk and Finance Director are hereby authorized and directed to provide the statement of receipts and disbursements to the City Council, and to publish a summary thereof. Passed, approved, and adopted this 6th day of June, 2022. David T. Resnick, Mayor Pro Tem Attest: Trish L. Gleason, Assistant City Clerk 5. Proceedings to Complete Action on Issuance of $2,345,000 Tax-Exempt General Obligation Bonds, Series 2022A and $7,220,000 Taxable General Obligation Bonds, Series 2022B: Upon motion the documents were received and filed, and Resolution No. 204-22 Appointing UMB Bank, N.A. of West Des Moines, Iowa, to serve as Pa ying Agent, Bond Registrar, and Transfer Agent, approving the Paying Agent and Bond Registrar and Transfer Agent Agreement and authorizing the execution of the agreement ; Resolution No. 205-22 Authorizing and providing for the issuance of $2,345,000 General Obligation Bonds, Series 2022A, and levying a tax to pay said bonds; approval of the Tax Exemption Certificate and Continuing Disclosure Certificate; Resolution No. 206-22 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; and Resolution No. 207-22 Authorizing and providing for the Issuance of $7,220,000 Taxable General Obligation Bonds, Series 2022B, and levying a tax to pay said bonds; approval of the Continuing Disclosure Certificate were adopted. RESOLUTION NO. 204-22 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 Whereas, $2,345,000 General Obligation Bonds, Series 2022A, dated June 29, 2022, have been sold and action should now be taken to provide for the maintenance of records, registration of certificates and payment of principal and interest in connection with the issuance of the Bonds; and Whereas, this Council has deemed that the services offered by UMB Bank, N.A. of West Des Moines, Iowa, are necessary for compliance with rules, regulations, and requirements governing the registration, transfer and payment of registered bonds; and Whereas, a Paying Agent, Bond Registrar and Transfer Agent Agreement (hereafter "Agreement") has been prepared to be entered into between the City and UMB Bank, N.A. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, STATE OF IOWA: That UMB Bank, N.A. of West Des Moines, Iowa, is hereby appointed to serve as Pa ying Agent, Bond Registrar and Transfer Agent in connection with the issuance of $2,345,000 General Obligation Bonds, Series 2022A, dated June 29, 2022. 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 6th day of June, 2022. David T. Resnick, Mayor Pro Tem Attest: Trish L. Gleason, Assistant City Clerk RESOLUTION NO. 205-22 AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $2,345,000 GENERAL OBLIGATION BONDS, SERIES 2022A, AND LEVYING A TAX TO PAY SAID BONDS; APPROVAL OF THE TAX EXEMPTION CERTIFICATE 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 acquisition of ambulances and ambulance equipment and equipping the fire department, essential corporate purpose(s), and it is deemed necessary and advisable that General Obligation Bonds, to the amount of not to exceed $1,990,000 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 hearing 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, installation, improving and equipping of city facilities and buildings, and for technology equipment and software, general corporate purpose(s), and it is deemed necessary and advisable that General Obligation 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 proceedings 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 authorized 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 authorized as hereinabove described shall be combined for the purpose of issuance in a single issue of $2,345,000 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 conditions 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 Resolution 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 Participant 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 $2,345,000 General Obligation Bonds, Series 2022A, authorized to be issued by this Resolution. • "Cede & Co." shall mean Cede & 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 executed and as it may be amended from time to time in accordance with the terms thereof. • "Depository Bonds " shall mean the Bonds as issued in the form of one global certificate for each maturity, registered in the Registration Books maintained by the Registrar in the name of DTC or its nominee. • "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. • "Participants" shall mean those broker-dealers, banks and other financial institutions for which DTC holds Bonds as securities depository. • "Paying Agent" shall mean UMB Bank, N.A., or such successor as may be approved by Issuer as provided herein and who shall carry out the duties prescribed herein as Issuer's agent to provide for the payment of principal of and interest on the Bonds as the same shall become due. • "Project" shall mean various capital improvement projects including the acquisition of ambulances and ambulance equipment and equipping the fire department; and costs of the acquisition, installation, improving and equipping of city facilities and buildings, and for technology equipment and software. • "Project Fund" shall mean the fund required to be established by this Resolution for the deposit of the proceeds of the Bonds. • "Rebate Fund" shall mean the fund so defined in and established pursuant to the Tax Exemption Certificate. • "Registrar" shall mean UMB Bank, N.A. of West Des Moines, Iowa, 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 Bonds. Unless otherwise specified, the Registrar shall also act as Transfer Agent for the Bonds. • "Resolution" shall mean this resolution authorizing the Bonds. • "Tax Exemption Certificate" shall mean the Tax Exemption Certificate approved under the terms of this Resolution and to be executed by the Treasurer and delivered at th e time of issuance and delivery of the Bonds. • "Treasurer" shall mean the Director of Finance & Budget or such other officer as shall succeed to the same duties and responsibilities with respect to the recording and payment of the Bonds issued hereunder. 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 principal and interest of the Bonds hereinafter authorized to be issued, there is hereby levied for each future year the following direct annual 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 $87,559.24 2022/2023* $194,943.76 2023/2024 $190,943.76 2024/2025 $186,943.76 2025/2026 $182,943.76 2026/2027 $178,943.76 2027/2028 $174,943.76 2028/2029 $175,943.76 2029/2030 $176,743.76 2030/2031 $177,343.76 2031/2032 $177,743.76 2032/2033 $177,943.76 2033/2034 $172,943.76 2034/2035 $172,943.76 2035/2036 $172,743.76 2036/2037 $177,175.00 2037/2038 $176,193.76 2038/2039 $175,006.26 2039/2040 $173,612.50 2040/2041 $177,012.50 2041/2042 * Payable from the Capitalized Interest Fund. (NOTE: For example the levy to be made and certified against the taxable valuations of January 1, 2021 will be collected during the fiscal year commencing July 1, 2022.) b) Resolution to be Filed With County Auditor. A certified copy of this Resolution shall be filed with the Auditor of Dubuque County, Iowa and the Auditor is hereby instructed in and for each of the years as provided, to levy and assess the tax hereby authorized 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 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. 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 current funds of the City available for that purpose and reimbursement shall be made from such special fund in the amounts thus advanced. Section 3. Bond Fund. Said tax shall be assessed and collected each year at the same time and in the same manner as, and in addition to, all other taxes in and for the City, and when collected they shall be converted into a special fund within the Debt Service Fund to be known as the "2022A 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 interest 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 req uired for its purposes may be invested not inconsistent with limitations provided by law or this Resolution. Section 5. Investment of Bond Fund Proceeds. All moneys held in the Bond Fund, provided 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 institution shall be continuously secured in compliance with Chapter 12C of the Code of Iowa, as amended, or otherwise by a valid pledge of direct obligations of the United States Government having an equivalent market value. All such interim investments shall mature before the date on which the moneys are required for payment of principal of or interest on the Bonds as herein provided. Section 6. Bond Details, Execution and Redemption. a) Bond Details. General Obligation Bonds of the City in the amount of $2,345,000, 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 2022A", be dated June 29, 2022, and bear interest from the date thereof, until payment thereof, at the office of the Paying Agent, said interest payable on December 1, 2022, 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 executed by the manual or facsimile signature of the Mayor and attested by the manual or facsimile signature of the Clerk, and impressed or prin ted with the seal of the City and shall be fully registered as to both principal and interest as provided in this Resolution; principal, interest and premium, if any, shall be payable at the office of the Paying Agent by mailing of a check to the registered owner of the Bond. The Bonds shall be in the denomination of $5,000 or multiples thereof. The Bonds shall mature and bear interest as follows: Principal Amount Interest Rate Maturity June 1st $100,000 4.000% 2024 $100,000 4.000% 2025 $100,000 4.000% 2026 $100,000 4.000% 2027 $100,000 4.000% 2028 $100,000 4.000% 2029 $105,000 4.000% 2030 $110,000 4.000% 2031 $115,000 4.000% 2032 $120,000 4.000% 2033 $125,000 4.000% 2034 $255,000 4.000% 2036* $915,000 4.125% 2042* *Term Bonds, Final Maturity b) Redemption. i. Optional Redemption. Bonds maturing after June 1, 2029, 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 s hall be par, plus accrued interest to date of call. Thirty days' written notice of redemption 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 validity of any proceedings for the redemption of the Bonds. All Bonds or portions thereof called for redemption will cease to bear interest after the specified redemption date, provided funds for their redemption are on deposit at the place of payment. Written notice will be deemed completed 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 selection of the names of the registered owners of the e ntire 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 d etermine by lot the amount of each Participant's interest in such maturity to be redeemed and each Participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. All prepayments shall be at a price of par plus accrued interest. ii. Mandatory Payment and Redemption of Term Bonds. All Term Bonds are subject to mandatory redemption prior to maturity at a price equal to 100% of the portion of the principal amount thereof to be redeemed plus accrued interest at the redemption date on June 1st of each of the years in the principal amount set opposite each year in the following schedule: Term Bond #1 Principal Amount Interest Rate Maturity June 1st $125,000 4.000% 2035 $130,000 4.000% 2036* *Final Maturity Term Bond #2 Principal Amount Interest Rate Maturity June 1st $135,000 4.125% 2037 $145,000 4.125% 2038 $150,000 4.125% 2039 $155,000 4.125% 2040 $160,000 4.125% 2041 $170,000 4.125% 2042* *Final Maturity The principal amount of Term Bonds may be reduced through the earlier optional redemption, with any partial optional redemption of the Term Bonds credited against future mandatory redemption requirements for such Term Bonds in such order as the City shall determine. 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 & Co., as nominee for DTC. Payment of semiannual interest for any Bonds registered in the name of Cede & Co. will be made by wire transfer or New York Clearing House or equivalent next day funds to the account of Cede & Co. on the interest payment date for the Bonds at the address indicated 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 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 & 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, o btaining any consent or other action to be taken by registered 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 maintained by DTC or any Participant; with respect to the payment by DTC or Participant of an amount of principal or redemption price of or interest on the Bonds; with respect to any notice given to owners of Bonds under the Resolution; with respect to the Participant(s) selected to receive payment in the event of a partial redemption of the Bonds, or a consent given or other action 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 & Co. in accordance with the Representation Letter, and all payments are valid and effective to fully satisfy and discharge the Issuer'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 payments 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 & Co., the Bonds will be transferable to the new nominee 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 availability through DTC of Bonds certificates. The Bonds will be transferable in accordance with this Section. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the Issuer and the Paying Agent and Registrar and discharging its responsibilities 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 & Co., as nominee of DTC, all payments with respect to the principal of and premium, if any, and interest on the Bond and all notices 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 Bondholders by the Issuer or the Paying Agent and Registrar with respect to a consent or other action to be taken by Bondholders, the Issuer 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 th e Issuer is ratified and confirmed. g) In the event that a transfer or exchange 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 appropriate instruments of transfer. In the event Bond certificates are issued to holders other than Cede & Co., its successor as nominee 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 designated in writing by the Issuer to the Paying Agent. Any such substitute depository shall be a qualified and registered "clearing agency" as provided in Section 17A of the Securities Exchange Act of 1934, as amended. The substitute depository shall provide for (i) immobilization of the Depository Bonds, (ii) registration and transfer of interests in Depository Bonds by book entries made on records of the depository or its nominee and (iii) payment of principal of, premium, if any, and interest on the Bonds in accordance with and as such interests may appear with respect to such book entries. h) The officers of the Issuer are authorized and directed to prepare and furnish to the purchaser, and to the attorneys approving 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, certificates, affidavits and other instruments constitute representations of the Issuer as to the correctness of all stated or recited facts. Section 8. Registration of Bonds; Appointment of Registrar; Transfer; Ownership; Delivery; and Cancellation. a) Registration. The ownership of Bonds may be transferred only by the making of an entry upon the books kept for the registration and transfer of ownership of the Bonds, and in no other way. UMB Bank, N.A. is hereby appointed as Bond Registrar under the terms of this Resolution and under the provisions of a separate agreement with the Issuer filed herewith which is made a part hereof by this reference. Registrar shall maintain the books of the Issuer for the registration of ownership of the Bonds for the payment of principal of and interest on the Bonds as provided in this Resolution. All Bonds sh all be negotiable as provided in Article 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 Resolution. b) Transfer. The ownership of any Bond may be transferred only upon the Registration 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 identification number of such transferee (or, if registration is to be made in the name of multiple individuals, of all su ch 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 pertaining 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 unredeemed principal amount of such transferred fully registered Bond, and bearing interest at the same rate and maturing on the same date or dates shall be delivered by the Registrar. c) Registration of Transferred Bonds. In all cases of the transfer of the Bonds, the Registrar shall register, at the earliest practicable time, on the Registration Books, the Bonds, in accordance with the provisions of this Resolution. d) Ownership. As to any Bond, the person in whose name the ownership of the same shall be registered on the Registration Books of the Registrar shall be deemed and regarded as the absolute owner thereof for all purposes, and payment of or on account of the principal of any such Bonds and the premium, if any, and interest thereon shall be made only to or upon the order of the registered owner thereof or his legal 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 Registrar shall be destroyed and a certificate of the destruction thereof shall be furnished promptly to the Issuer; provided that if the Issuer shall so direct, the Registrar shall forward the cancelled Bonds to the Issuer. f) Non-Presentment of Bonds. In the event any payment check, wire, or electronic transfer of funds representing payment of principal of or interest on the Bonds is 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 principal of or interest on Bonds shall have been made available to the Paying Agent for the benefit of the owner thereof, all liability of the Issuer to the owner thereof for such interest or payment of such Bonds shall forthwith cease, terminate and be completely discharged, and thereupon it shall be the duty of the Paying Agent to hold such funds, without liability for interest thereon, for the benefit of the owner of such Bonds who shall thereafter be restricted exclusively to such funds for any claim of whatever nature on his part under this Resolution or on, or with respect to, such interest or Bonds. The Paying Agent's obligation to hold such funds shall continue for a period equal to two years and six months following the date on which such interest or principal became due, whether at maturity, or at the date fixed for redemption thereof, or otherwise, at which time the Paying Agent shall surrender any remaining funds so held to the Issuer, whereupon any claim under this Resolution by the Owners of such interest or Bonds of whatever nature shall be made upon the Issuer. 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 additional Bonds in lesser denominations (but not less than the minimum denominatio n) to an owner who so requests. Section 9. Reissuance of Mutilated, Destroyed, Stolen or Lost Bonds. In case any outstanding Bond shall become mutilated or be destroyed, stolen or lost, the Issuer shall at the request of Registrar authenticate and deliver a new Bond of like tenor and amount as the Bond so mutilated, destroyed, stolen or lost, in exchange and substitution for such mutilated Bond to Registrar, upon surrender of such mutilated Bond, or in lieu of and substitution for the Bond destroyed, stolen or lost, upon filing with the Registrar evidence satisfactory to the Registrar and Issuer that such Bond has been destroyed, stolen or lost and proof of ownership thereof, and upon furnishing the Registrar and Issuer with satisfactory indemnity and complying with such other reasonable regulations as the Issuer or its agent may prescribe and paying such expenses as the Issuer may incur in connection therewith. Section 10. Record Date. Payments of principal and interest, otherwise than upon full redemption, made in respect of any Bond, shall be made to the registered holder thereof or to their designated agent as the same appear on the books of the Registrar on the 15th day of the month preceding the payment date. All such payments shall fully discharge th e 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 signature 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 purpose or shall be entitled to any right or benefit hereunder unless the Registrar shall duly endorse and execute on such Bond a Certificate of Authentication substantially in the form of the Certificate herein set forth. Such Certificate upon any Bond executed on behalf of the Issuer shall be conclusive evidence that the Bond so authenticated has been duly issued under this Resolution and that the holder thereof is entitled to the benefits of this Resolution. No Bonds shall be authenticated and delivered by the Registrar unless and until there shall have been provided the following: 1. A certified copy of the Resolution of Issuer authorizing the issuance of the Bonds; 2. A written order of Issuer signed by the Treasurer 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 & Cooney, P.C., Bond Counsel, concerning the validity and legality of all the Bonds proposed to be issued. Section 12. Right to Name Substitute Paying 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 [provided] Section 14. Closing Documents. The Mayor and City Clerk are authorized and directed to execute, attest, seal and deliver for and on behalf of the City any other additional certificates, documents, or other papers and perform all other acts, including without limitation the execution of all closing documents, as they may deem necessary or appropriate in order to implement and carry out the intent and purposes of this Resolution. Section 15. Contract Between Issuer and Purchaser. This Resolution constitutes a contract 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 hereunder which will cause any of the Bonds to be classified as arbitrage bonds within the meaning 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 Issuer, there are no facts or circumstances that would materially change the foregoing statements 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 arbitrage bonds. Section 17. Approval of Tax Exemption Certificate. Attached hereto is a form of Tax Exemption Certificate stating the Issuer's reasonable expectations as to the use of the proceeds of the Bonds. The form of Tax Exemption Certificate is approved. The Issuer hereby agrees to comply with the provisions of the Tax Exemption Certificate and the provisions of the Tax Exemption Certificate are hereby incorporated by reference as part of this Resolution. The Director of Finance & Budget is hereby directed to make and insert all calculations and determinations necessary to complete the Tax Exemption Certificate 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 Issuer hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate, and the provisions of the Continuing Disclosure Certificate are hereby incorporated by reference as part of this Resolution and made a part hereof. Notwithstanding any other provision of this Resolution, failure of the Issuer to comply with the Continuing Disclosure Certificate shall not be considered an event of default under this Resolution; however, any holder of the Bonds or Beneficial Owner may take such actions as may be necessary and appropriate, including seeking specific 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 dispose of ownership of, any Bond (including persons holding Bonds through nominees, depositories or other intermediaries), or (b) is treated as the owner of any Bonds for federal income tax purposes. Section 19. Additional Covenants, Representations and Warranties of the Issuer. The Issuer certifies and covenants with the purchasers and holders of the Bonds from time to time outstanding that the Issuer through its officers, (a) will make such further specific covenants, representations and assurances as may be necessary or advisable; (b) comply with all representations, covenants and assurances contained in the Ta x Exemption Certificate, which Tax Exemption Certificate shall constitute a part of the contract between the Issuer and the owners of the Bonds;(c) consult with Bond Counsel (as defined in the Tax Exemption Certificate); (d) pay to the United States, as ne cessary, such sums of money representing required rebates of excess arbitrage profits relating to the Bonds;(e) file such forms, statements and supporting documents as may be required and in a timely manner; and (f) if deemed necessary or advisable by its officers, to employ and pay fiscal agents, financial advisors, attorneys and other persons to assist the Issuer in such compliance. 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 applicable Federal law or regulations. Section 21. Repeal of Conflicting Resolutions or Ordinances. All ordinances and resolutions and parts of ordinances and resolutions in conflict herewith are hereby repealed. Section 22. Severability Clause. If any section, paragraph, clause or provision of this Resolution be held invalid, such invalidity shall not affect any of th e remaining provisions hereof, and this Resolution shall become effective immediately upon its passage and approval. Passed and approved this 6th day of June, 2022. David T. Resnick, Mayor Pro Tem Attest: Trish L. Gleason, Assistant City Clerk RESOLUTION NO. 206-22 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 Whereas, $7,220,000 Taxable General Obligation Bonds, Series 2022B, dated June 29, 2022, have been sold and action should now be taken to provide for the maintenance of records, registration of certificates and payment of principal and interest in connec tion with the issuance of the Bonds; and Whereas, this Council has deemed that the services offered by UMB Bank, N.A. of West Des Moines, Iowa, are necessary for compliance with rules, regulations, and requirements governing the registration, transfer and payment of registered bonds; and Whereas, a Paying Agent, Bond Registrar and Transfer Agent Agreement (hereafter "Agreement") has been prepared to be entered into between the City and UMB Bank, N.A. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, STATE OF IOWA: That UMB Bank, N.A. of West Des Moines, Iowa, is hereby appointed to serve as Paying Agent, Bond Registrar and Transfer Agent in connection with the issuance of $7,220,000 Taxable General Obligation Bonds, Series 2022B, dated June 29, 2022. 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 6th day of June, 2022. David T. Resnick, Mayor Pro Tem Attest: Trish L. Gleason, Assistant City Clerk RESOLUTION NO. 207-22 AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $7,220,000 TAXABLE GENERAL OBLIGATION BONDS, SERIES 2022B, AND LEVYING A TAX TO PAY SAID BONDS; APPROVAL OF THE 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 City is in need of funds to pay costs of th e acquisition, installation, improving and equipping of city facilities and buildings, including at the Five Flags Arena, general corporate purpose(s), and it is deemed necessary and advisable that Taxable General Obligation 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 proceedings 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 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 expanding, constructing, reconstructing and equipping 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 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 pro posal to institute proceedings 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 authorized 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 under the authority of Chapter 403 and the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District, such as those costs associated with the construction, reconstruction, improvement, renovation, and equipping of parking ramps and facilities, essential corporate urban renewal purpose project(s), and it is deemed necessary and advisable that the City issue Taxable General Obligation Bonds, for such purpose(s) to the amount of not to exceed $975,000 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 resident or property owner of the City were received 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, the Issuer is in need of funds to pay costs of aiding in the planning, undertaking and carrying out of urban renewal projects under the authority of Chapter 403 and the Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic Development District such as those costs associated with the acquisition and development of industrial property, essential corporate urban renewal purpose project(s), and it is deemed necessary and advisable that the City issue Taxable General Obligation Bonds, for such purpose(s) to the amount of not to exceed $5,800,000 as authorized by Sections 384.25 and 403.12 of the Code of Iowa; and Whereas, pursuant to notice published as required by Sections 38 4.25 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 resident or property owner of the City were received 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 authorized as hereinabove described shall be combined for the purpose of issuance in a single issue of $7,220,000 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 s aid Bonds conforming to the terms and conditions 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 Resolution 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 Participant 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 $7,220,000 Taxable General Obligation Bonds, Series 2022B, authorized to be issued by this Resolution. • "Cede & Co." shall mean Cede & 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 executed and as it may be amended from time to time in accordance with the terms thereof. • "Depository Bonds " shall mean the Bonds as issued in the form of one global certificate for each maturity, registered in the Registration Books maintained by the Registrar in the name of DTC or its nominee. • "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. • "Participants" shall mean those broker-dealers, banks and other financial institutions for which DTC holds Bonds as securities depository. • "Paying Agent" shall mean UMB Bank, N.A., or such successor as may be approved by Issuer as provided herein and who shall carry out the duties prescribed herein as Issuer's agent to provide for the payment of principal of and interest on the Bonds as t he same shall become due. • "Project" shall mean the costs of the expansion of the riverfront docking facility; aiding in the planning, undertaking and carrying out of urban renewal projects under the authority of Chapter 403 and the Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic Development District such as those costs associated with the acquisition and development of industrial property; aiding in the planning, undertaking and carrying out of urban renewal projects under the authority of Chapter 403 and the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District, such as those costs associated with the construction, renovation, remodeling, improvement, equipping and repairing of parking garages and ramps; and costs of the acquisition, installation, improving and equipping of city facilities and buildings, including at the Five Flags Arena. • "Project Fund" shall mean the fund required to be established by this Resolution for the deposit of the proceeds of the Bonds. • "Registrar" shall mean UMB Bank, N.A. of West Des Moines, Iowa, 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 Bonds. Unless otherwise specified, the Registrar shall also act as Transfer Agent for the Bonds. • "Resolution" shall mean this resolution authorizing the Bonds. • "Treasurer" shall mean the Director of Finance & Budget or such other offi cer as shall succeed to the same duties and responsibilities with respect to the recording and payment of the Bonds issued hereunder. 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 principal and interest of the Bonds hereinafter authorized to be issued, there is hereby levied for each future year the following direct annual 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 $283,705.53 2022/2023* $307,632.50 2023/2024 $472,632.50 2024/2025 $421,032.50 2025/2026 $651,232.50 2026/2027 $642,032.50 2027/2028 $642,632.50 2028/2029 $647,632.50 2029/2030 $641,832.50 2030/2031 $220,632.50 2031/2032 $640,632.50 2032/2033 $638,832.50 2033/2034 $641,432.50 2034/2035 $637,777.50 2035/2036 $643,037.50 2036/2037 $636,752.50 2037/2038 $639,312.50 2038/2039 $630,237.50 2039/2040 $629,937.50 2040/2041 $628,200.00 2041/2042 *Payable from the Capitalized Interest Fund. (NOTE: For example the levy to be made and certified against the taxable valuations of January 1, 2021 will be collected during the fiscal year commencing July 1, 2022.) b) Resolution to be Filed With County Auditor. A certified copy of this Resolution shall be filed with the Auditor of Dubuque County, Iowa and the Auditor is hereby instructed in and for each of the years as provided, to levy and assess the tax hereby authorized 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 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. 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 current funds of the City available for that purpose and reimbursement shall be made from such special fund in the amounts thus advanced. Section 3. Bond Fund. Said tax shall be assessed and collected each year at the same time and in the same manner as, and in addition to, all other taxes in and for the City, and when collected they shall be converted into a special fund within the Debt Service Fund to be known as the "2022B 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 interest 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 immedia tely required for its purposes may be invested not inconsistent with limitations provided by law or this Resolution. Section 5. Investment of Bond Fund Proceeds. All moneys held in the Bond Fund, provided for by Section 3 of this Resolution shall be inves ted 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 institution shall be continuously secured in compliance with Chapter 12C of the Code of Iowa, as amended, or otherwise by a valid pledge of direct obligations of the United States Government having an equivalent market value. All such interim investments shall mature before the date on which the moneys are required for payment of principal of or interest on the Bonds as herein provided. Section 6. Bond Details, Execution and Redemption. a) Bond Details. Taxable General Obligation Bonds of the City in the amount of $7,220,000, 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 "TAXABLE GENERAL OBLIGATION BOND, SERIES 2022B", be dated June 29, 2022, and bear interest from the date thereof, until payment thereof, at the office of the Paying Agent, said interest payable on December 1, 2022, 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 executed by the manual or facsimile signature of the Mayor and attested by the manual or facsimile signature of the Clerk, and i mpressed or printed with the seal of the City and shall be fully registered as to both principal and interest as provided in this Resolution; principal, interest and premium, if any, shall be payable at the office of the Paying Agent by mailing of a check to the registered owner of the Bond. The Bonds shall be in the denomination of $5,000 or multiples thereof. The Bonds shall mature and bear interest as follows: Principal Amount Interest Rate Maturity June 1st $165,000 4.000% 2025 $120,000 4.000% 2026 $355,000 4.000% 2027 $360,000 4.000% 2028 $375,000 4.000% 2029 $395,000 4.000% 2030 $405,000 4.000% 2031 --- --- 2032 $420,000 4.000% 2033 $435,000 4.000% 2034 $455,000 4.100% 2035 $470,000 4.200% 2036 $495,000 4.300% 2037 $510,000 4.400% 2038 $535,000 4.500% 2039 $550,000 4.600% 2040 $575,000 4.650% 2041 $600,000 4.700% 2042 b. Redemption. i. Optional Redemption. Bonds maturing after June 1, 2029, 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 redemption 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 validity of any proceedings for the redemption of the Bonds. All Bonds or portions thereof called for redemption will cease to bear interest after the specified redemption date, provided funds for their redemption are on deposit at the place of payment. Written notice will be deemed completed 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 selection of the names of the registered owners of the e ntire 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 d etermine by lot the amount of each Participant's interest in such maturity to be redeemed and each Participant will then select by lot the beneficial ownership interests 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 & Co., as nominee for DTC. Payment of semiannual interest for any Bonds registered in the name of Cede & Co. will be made by wire transfer or New York Clearing House or equivalent next day funds to the account of Cede & Co. on the interest payment date for the Bonds at the address indicated or in the Representation Letter. b) The Bonds will be initially issued in the form of separate single authent icated 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 & 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, 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 maintained by DTC or any Participant; with respect to the payment by DTC or Participant of an amount of principal or redemption price of or interest on the Bonds; with respect to any notice given to owners of Bonds under the Resolution; with respect to the Participant(s) selected to receive payment in the event of a partial redemption of the Bonds, or a consent given or other action 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 & Co. in accordance with the Representation Letter, and all payments are valid and effective to fully satisfy and discharge the Issuer'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 payments 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 & Co., the Bonds will be transferable to the new nominee 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 availability through DTC of Bonds certificates. The Bonds will be transferable in accordance with this Section. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the Issuer and the Paying Agent and Registrar and discharging its responsibilities 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 & Co., as nominee of DTC, all payments with respect to the principal of and premium, if any, and interest on the Bond and all notices 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 Bondholders by the Issuer or the Paying Agent and Registrar with respect to a consent or other action to be taken by Bondholders, the Issuer 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 exchange 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 appropriate instruments of transfer. In the event Bond certificates are issued to holders other than Cede & Co., its successor as nominee 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 designated in writing by the Issuer to the Paying Agent. Any such substitute depository shall be a qualified and registered "clearing agency" as provided in Section 17A of the Securities Exchange Act of 1934, as amended. The substitute depository shall provide for (i) immobilization of the Depository Bonds, (ii) registration and transfer of interests in Depository Bonds by book entries made on records of the depository or its nominee and (iii) payment of principal of, premium, if any, and interest on the Bonds in accordance with and as such interests may appear with respect to such book entries. h) The officers of the Issuer are authorized and directed to prepare and furnish to the purchaser, and to the attorneys approving 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, certificates, affidavits and other instruments constitute representations of the Issuer as to the correctness of all stated or recited facts. Section 8. Registration of Bonds; Appointment of Registrar; Transfer; Ownership; Delivery; and Cancellation. a) Registration. The ownership of Bonds may be transferred only by the making of an entry upon the books kept for the registration and trans fer of ownership of the Bonds, and in no other way. UMB Bank, N.A. is hereby appointed as Bond Registrar under the terms of this Resolution and under the provisions of a separate agreement with the Issuer filed herewith which is made a part hereof by this reference. Registrar shall maintain the books of the Issuer for the registration of ownership of the Bonds for the payment of principal of and interest on the Bonds as provided in this Resolution. All Bonds shall be negotiable as provided in Article 8 of the Uniform Commercial Code and Section 384.31 of the Code of Iowa, subject to the provisions for registration and transfer contained in the Bonds and in this Resolution. b) Transfer. The ownership of any Bond may be transferred only upon the Registration 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 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 pertaining 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 unredeemed principal amount of such transferred fully registered Bond, and bearing interest at the same rate and maturing on the same date or dates shall be delivered by the Registrar. c) Registration of Transferred Bonds. In all cases of the transfer of the Bonds, the Registrar shall register, at the earliest practicable time, on the Registration Books, the Bonds, in accordance with the provisions of this Resolution. d) Ownership. As to any Bond, the person in whose name the ownership of the same shall be registered on the Registration Books of the Registrar shall be deemed and regarded as the absolute owner thereof for all purposes, and payment of or on account of the principal of any such Bonds and the premium, if any, and interest thereon shall be made only to or upon the order of the registered owner thereof or his legal 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 Registrar shall be destroyed and a certificate of the destruction thereof shall be furnished promptly to the Issuer; provided that if the Issuer shall so direct, the Registrar shall forward the cancelled Bonds to the Issuer. f) Non-Presentment of Bonds. In the event any payment check, wire, or electronic transfer of funds representing payment of principa l 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 principal of or interest on Bonds shall have been made available to the Paying Agent for the benefit of the owner thereof, all liability of the Issuer to the owner thereof for such interest or payment of such Bonds shall forthwith cease, terminate and be completely discharged, and thereupon it shall be the duty of the Paying Agent to hold such funds, without liability for interest thereon, for the benefit of the owner of such Bonds who shall thereafter be restricted exclusively to such funds for any claim of whatever nature on his part under this Resolution or on, or with respect to, such interest or Bonds. The Paying Agent's obligation to hold such funds shall continue for a period equal to two years and six months following the date on which such interest or principal became due, whether at maturity, or at the date fixed f or redemption thereof, or otherwise, at which time the Paying Agent shall surrender any remaining funds so held to the Issuer, whereupon any claim under this Resolution by the Owners of such interest or Bonds of whatever nature shall be made upon the Issuer. 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 additional Bonds in lesser denominations (but not less than the minimum denomination) t o an owner who so requests. Section 9. Reissuance of Mutilated, Destroyed, Stolen or Lost Bonds. In case any outstanding Bond shall become mutilated or be destroyed, stolen or lost, the Issuer shall at the request of Registrar authenticate and deliver a new Bond of like tenor and amount as the Bond so mutilated, destroyed, stolen or lost, in exchange and substitution for such mutilated Bond to Registrar, upon surrender of such mutilated Bond, or in lieu of and substitution for the Bond destroyed, stolen or lost, upon filing with the Registrar evidence satisfactory to the Registrar and Issuer that such Bond has been destroyed, stolen or lost and proof of ownership thereof, and upon furnishing the Registrar and Issuer with satisfactory indemnity and complying with such other reasonable regulations as the Issuer or its agent may prescribe and paying such expenses as the Issuer may incur in connection therewith. Section 10. Record Date. Payments of principal and interest, otherwise than upon full redemption, made in respect of any Bond, shall be made to the registered holder thereof or to their designated agent as the same appear on the books of the Registrar on the 15th day of the month preceding the payment date. All such payments shall fully discharge the ob ligations 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 signature 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 purpose or shall be entitled to any right or benefit hereunder unless the Registrar shall duly endorse and execute on such Bond a Certificate of Authentication substantially in the form of the Certificate herein set forth. Such Certificate upon any Bond executed on behalf of the Issuer shall be conclusive evidence that the Bond so authenticated has been duly issued under this Resolution and that the holder thereof is entitled to the benefits of this Resolution. No Bonds shall be authenticated and delivered by the Registrar unless and until there shall have been provided the following: 1. A certified copy of the Resolution of Issuer authorizing the issuance of the Bonds; 2. A written order of Issuer signed by the Treasurer 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 & Cooney, P.C., Bond Counsel, concerning the validity and legality of all the Bonds proposed to be issued. Section 12. Right to Name Substitute Paying 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 [provided] form. Section 14. Closing Documents. The Mayor and City Clerk are authorized and directed to execute, attest, seal and deliver for and on behalf of the City any other additional certificates, documents, or other papers and perform all other acts, including without limitation the execution of all closing documents, as they may deem necessary or appropriate in order to implement and carry out the intent and purposes of this Resolution. Section 15. Contract Between Issuer and Purchaser. This Resolution constitutes a contract between said City and the purchaser of the Bonds. Section 16. Continuing Disclosure. The Issuer hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate, and the provisions of the Continuing Disclosure Certificate are hereby incorporated by reference as part of this Resolution and made a part hereof. Notwithstanding any other provision of this Resolution, failure of the Issuer to comply with the Continuing Disclosure Certificate shall not be considered an event of default under this Resolution; however, any ho lder of the Bonds or Beneficial Owner may take such actions as may be necessary and appropriate, including seeking 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, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, any Bond (including persons holding Bonds through nominees, depositories or other intermediaries), or (b) is treated as the owner of any Bonds for federal income tax purposes. Section 17. Repeal of Conflicting Resolutions or Ordinances. All ordinances and resolutions and parts of ordinances and resolutions in conflict herewith are hereby repealed. Section 18. Severability Clause. If any section, paragraph, clause or provision of this Resolution be held invalid, such invalidity shall not affect any of the remaining provisions hereof, and this Resolution shall become effective immediately upon its passage and approval. Passed and approved this 6th day of June, 2022. David T. Resnick, Mayor Pro Tem Attest: Trish L. Gleason, Assistant City Clerk 6. Resolution Approving Fund Transfers for Capital Projects and Other Expense Reimbursements in Fiscal Year 2022 – Period 12: Upon motion the documents were received and filed, and Resolution No. 208-22 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 2022 for the City of Dubuque, Iowa was adopted. RESOLUTION NO. 208-22 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 2022 FOR THE CITY OF DUBUQUE, IOWA Whereas, Iowa Administrative Rules Code Section 545-2.5(5) implements Iowa Code Section 384.18 and provides that the City Council shall approve all transfers of moneys from one budgeted fund to another budgeted fund as provided in Iowa Administrative Rules Code Section 545-2.5(5). NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Authorize the Director of Finance and Budget to Transfer Funds. That the Director of Finance and Budget be and is hereby authorized by the City Council to make the appropriate interfund transfer of sums and record the same in the appropriate manner for FY 2022. Section 2. Transfer of Funds. That the Director of Finance and Bud get will transfer the following sums and to record the same in the appropriate manner: 1. Transfer from General Fund to the Section 8 Fund $160,671.00 for the deficit related to HUD administrative funding. 2. Transfer from the General Fund to the DRA Distribution Fund $2,453,433.00 for budgeted capital projects. 3. Transfer from General Fund to Transit Fund $1,735,994.00 for the Transit Levy and reimbursement of the downtown shuttle. 4. Transfer from the Tort Liability Fund to the General Fund $440,734.16 fo r the cost of liability insurance. 5. Transfer from the Trust & Agency Fund to the General Fund $2,433,577.38 for the cost of employee benefits. 6. Transfer from the Dubuque Industrial Center Tax Increment Financing Fund to the General Fund $290,689.37 for the reimbursement of Tax Increment Financing eligible expenses. 7. Transfer from the Greater Downtown Tax Increment Financing Fund to the General Fund $143,422.67 for the reimbursement of Tax Increment Financing eligible expenses. 8. Transfer from Dubuque Industrial Center TIF fund to the General Construction Fund $310,000.00 for Tax Increment financing eligible construction projects. 9. Transfer from the North Cascade Road Housing Tax Increment Financing Fund to the General Fund $13,165.00 for the reimbursement of Tax Increment Financing eligible expenses. 10. Transfer from Greater Downtown TIF Fund to Parking Operations Fund $280,000.00 for debt service on downtown ramps. 11. Transfer from Greater Downtown TIF Fund to Housing Trust Fund $50,000.00 for reimbursement of Tax Increment Financing eligible construction projects. 12. Transfer from Greater Downtown TIF Fund to the General Construction Fund $46,394.00 for reimbursement of Tax Increment Financing eligible construction projects. 13. Transfer from Sanitary Sewer Operating Fund to General Fund $1,718,133.00 for recharge of administrative overhead. 14. Transfer from Sanitary Sewer Operating Fund to Sanitary Sewer Capital Fund $700,000.00 for capital construction. 15. Transfer from Stormwater Operating Fund to General Fund $625,258.00 for recharge of administrative overhead. 16. Transfer from Stormwater Operating Fund to Stormwater Construction Fund $518,685.00 for capital construction. 17. Transfer from Parking Operating Fund to General Fund $211,318.00 for recharge of administrative overhead. 18. Transfer from Water Operating Fund to General Fund $578,155.00 for recharge of administrative overhead. 19. Transfer from Water Operating Fund to Water Construction Fund $400,000.00 for capital construction. 20. Transfer from Refuse Fund to General Fund $1,219,202.00 for recharge of administrative overhead. 21. Transfer from Landfill Fund to General Fund $440,255.00 for recharge of administrative overhead. 22. Transfer from General Fund to the Debt Service Fund $194,877.03 for annual debt service payments. 23. Transfer from Dubuque Industrial Center Tax Increment Financing Fund to the Debt Service Fund $624,642.48 for annual debt service payments. 24. Transfer from Greater Downtown Tax Increment Financing Fund to the Debt Service Fund $4,316,372.06 for annual debt service payments. 25. Transfer from Road Use Tax Special Revenue Fund to the Debt Service Fund $63,754.00 for annual debt service payments. 26. Transfer from Street Construction Fund to the Debt Service Fund $272,391.36 for annual debt service payments. 27. Transfer from Sales Tax Increment Special Revenue Fund to the Debt Service Fund $2,554,296.10 for annual debt service payments. 28. Transfer from Sales Tax Construction Fund to the Debt Service Fund $605,143.50 for annual debt service payments. 29. Transfer from Passenger Facility Fund to the Debt Service Fund $182,305.00 for annual debt service payments. Passed, approved, and adopted this 6th day of June 2022. David T. Resnick, Mayor Pro Tem Attest: Trish L. Gleason, Assistant City Clerk 7. Audit Service Recommendation: City Manager recommended the selection of BKD LLP, to replace the City’s current auditor Eide Bailly LLP, to provide the City’s auditing services for the next five fiscal years and authorize the City Manager to sign the audit service agreement. Upon motion the documents were received, filed, and approved. 8. First Amendment to Grant Agreement for Dubuque Dream Center Improvements : Upon motion the documents were received and filed, and Resolution No. 209-22 Approving the First Amendment to Grant Agreement between the City of Dubuque, Iowa and Dubuque Dream Center, Inc. was adopted. RESOLUTION NO. 209-22 APPROVING THE FIRST AMENDMENT TO GRANT AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND DUBUQUE DREAM CENTER, INC. Whereas, the City of Dubuque (City) and Dubuque Dream Center, Inc. (Grant Recipient) previously entered into a Grant Agreement dated July 6, 2020 for the renovation and rehabilitation of a building located at 1600 White 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 Dubuque Dream Center, Inc., a copy of which is attached hereto, is hereby approved. Section 2. That the Mayor is hereby authorized and directed to execute the First Amendment to Grant Agreement on behalf of the City of Dubuque and t he City Clerk is authorized and directed to attest to his signature. Section 3. That the City Manager is authorized to take such actions as are necessary to comply with the terms of the First Amendment to Grant Agreement as herein approved. Passed, approved and adopted this 6th day of June, 2022. David T. Resnick, Mayor Pro Tem Attest: Trish L. Gleason, Assistant City Clerk 9. State of Iowa Business Financial Assistance Contract among Hormel Foods Corporation and Progressive Processing, LLC, the City of Dubuque, Iowa, and Iowa Economic Development Corporation: Upon motion the documents were received and filed, and Resolution No. 210 -22 Approving the Contract for State Business Financial Assistance by and among Hormel Foods Corporation and Progressive Processing, LLC, the City of Dubuque, Iowa, and the Iowa Economic Development Authority was adopted. RESOLUTION NO. 210-22 APPROVING THE CONTRACT FOR STATE BUSINESS FINANCIAL ASSISTANCE BY AND AMONG HORMEL FOODS CORPORATION AND PROGRESSIVE PROCESSING, LLC, THE CITY OF DUBUQUE, IOWA, AND THE IOWA ECONOMIC DEVELOPMENT AUTHORITY Whereas, Hormel Foods Corporation and Progressive Processing, LLC have proposed making a Forty-Three Million Dollar ($43,000,000.00) investment in building improvements to property located at 1205 Chavenelle, in the City of Dubuque, Iowa (the Project) which will allow the creation of thirty-eight (38) full-time jobs in the City; and Whereas, the City Council of the City of Dubuque, Iowa has considered the proposal and ha s determined that the proposed Project will contribute to the local economy; and Whereas, financial assistance from the Iowa Economic Development Authority is designed to assist in the economic development efforts of local jurisdictions; and Whereas, the Iowa Economic Development Authority has requested execution of an Economic Development Assistance Contract 22-HQJP-018 in order to finalize incentives and document associated terms for the proposed Project; and Whereas, the City Council finds that approval by the City of Dubuque of Economic Development Assistance Contract 22-HQJP-018 between and among Hormel Foods Corporation and Progressive Processing, LLC, the City of Dubuque, and the Iowa Economic Development Authority, a copy of which is attached hereto, is in the best interest of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Economic Development Assistance Contract 22 -HQJP-018 is hereby approved. Section 2. That the Mayor is hereby authorized and directed to execute and the City Manager is hereby directed to submit the Economic Development Assistance Contract 22 -HQJP-018 to the Iowa Economic Development Authority together with such other documents as may be required. Passed, approved, and adopted this 6th day of June, 2022. David T. Resnick, Mayor Pro Tem Attest: Trish L. Gleason, Assistant City Clerk 10. Sculptures for 2022-23 Art on the River Rotating Public Art Exhibition: City Manager recommended City Council approve the Arts & Cultural Affairs Advisory Commission’s recommendation as noted, related to the 2022 -23 Art on the River exhibit. Upon motion the documents were received, filed, and approved. 11. Asset Purchase Agreement between the City of Dubuque and Twin Ridge Water, In c. Reconveyance of Well Parcel: Upon motion the documents were received and filed, and Resolution No. 211-22 Approving a Quit Claim Deed to Linda S. Schuster was adopted. RESOLUTION NO. 211-22 APPROVING A QUIT CLAIM DEED TO LINDA S. SCHUSTER Whereas, on November 2, 2015, the City of Dubuque and Twin Ridge Water, Inc. entered into an Asset Purchase Agreement (the Agreement); and Whereas, pursuant to the Agreement, the City acquired the following real property from Twin Ridge Water, Inc.: That part of Lot 18 in “Twin Ridge” Subdivision, in Table Mound Township, Dubuque County, Iowa, according to the Plat thereof in Book of Plats # 34, page 93, as described in Warranty Deed, Instrument #748-72 and Correction Warranty Deed, Instrument #4272-72, records of Dubuque County, Iowa referred to as the Well Parcel; and Whereas, the Agreement provided that in the event the City no longer needed the Well Parcel, the Well Parcel would be deeded back to Schuster; and Whereas, the City has determined that it no longer needs the Well Parcel; and Whereas, the Well Parcel should now be deeded to Linda S. Schuster who now owns the property pursuant to the attached Quit Claim Deed. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Quit Claim Deed is hereby approved. Section 2. The Mayor is hereby authorized and directed to sign the Quit Claim Deed on behalf of the City of Dubuque to be delivered to Linda S. Schuster. Passed, approved and adopted this 6th day of June, 2022. David T. Resnick, Mayor Pro Tem Attest: Trish L. Gleason, Assistant City Clerk 12. Memorandum of Understanding – City Water Service to Briarwood Residential Subdivision: Upon motion the documents were received and filed, and Resolution No. 212-22 Approving a Memorandum of Understanding between the City of Dubuque and Briarwood Homeowners Association for improvements and connection to its water distribution system was adopted. RESOLUTION NO. 212-22 APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DUBUQUE AND BRIARWOOD HOMEOWNERS ASSOCIATION FOR IMPROVEMENTS AND CONNECTION TO ITS WATER DISTRIBUTION SYSTEM Whereas, Briarwood Homeowners Association owns a private water distribution system that serves an area outside the corporate City limits of Dubuque; and Whereas, Briarwood Homeowners Association wishes to connect to the City of Dubuque’s Water Distribution System; and Whereas, the City of Dubuque owns and operates, and maintains the City of Dubuque water distribution system that serves over 23,000 customers located both in and outside the corporate limits of the City; and Whereas, the City of Dubuque will complete the improvements to extend water main and connect to the Briarwood Subdivision; and Whereas, Briarwood Homeowners Association’s water distribution system will be connected to the City of Dubuque’s water distribution system. Customers served by the existing Briarwood Homeowners Association system will be served by the City of Dubuque’s water distribution system after connection; and Whereas, the City desires to accept the Briarwood Homeowners Association system and will serve customers located within the system; and Whereas, the City of Dubuque and Briarwood Homeowners Association wish to enter into a Memorandum of Understanding for the extension of water main and connection to the City of Dubuque water distribution system; and Whereas, the City Council of the City of Dubuque, Iowa finds that it is in the best interests 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 Understanding attached is approved on behalf of the City of Dubuque. The Mayor and City Clerk are authorized to execute the Memoran dum of Understanding. Section 2. The City Manager, City Attorney, and the City’s legal counsel are hereby authorized to take all necessary actions to execute this Memorandum of Understanding. Section 3. The City Clerk is hereby authorized and directed to record this Resolution with the Dubuque County Recorder. Passed, approved and adopted this 6th day of June, 2022 David T. Resnick, Mayor Pro Tem Attest: Trish L. Gleason, Assistant City Clerk 13. 2022 Asphalt Overlay Curb Ramp Project 4: Upon motion the documents were received, filed, and made a Matter of Record. 14. 2021 Asphalt Overlay Access Ramp Project 4: Upon motion the documents were received and filed, and Resolution No. 213-22 Accepting the 2021 Asphalt Overlay Access Ramp Project 4 and authorizing the payment to the contractor was adopted. RESOLUTION NO. 213-22 ACCEPTING THE 2021 ASPHALT OVERLAY ACCESS RAMP PROJECT 4 AND AUTHORIZING THE PAYMENT TO THE CONTRACTOR Whereas, the public improvement contract for the 2021 Asphalt Overlay Access Ramp Project 4 (the Project) has been completed by the Contractor, Tschiggfrie 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 $168,958.94; and Whereas, the Contractor has previously been paid $160,510.99, leaving a balance of $8,447.95; and Whereas, the City Council finds that the recommendation of the City Engineer should be accepted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved, and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor the balance of the retainage of $8,447.95 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 June 2022. David T. Resnick, Mayor Pro Tem Attest: Trish L. Gleason, Assistant City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF 2021 ASPHALT OVERLAY ACCESS RAMP PROJECT 4 The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the 2021 Asphalt Overlay Access Ramp Project 4 has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $185,854.83. Dated this 31st day of May 2022. /s/Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 31st day of May 2022. /s/Adrienne N. Breitfelder, City Clerk 15. Smart Traffic Routing with Efficient and Effective Traffic Systems (STREETS) Professional Consultant Services Contract: Upon motion the documents were received and filed, and Resolution No. 214-22 Approving Professional Services Consultant Contract with Parsons Transportation Group, Inc. to design and implement the Smart Traffic Routing with Efficient and Effective Traffic System (STREETS) was adopted. RESOLUTION NO. 214 - 22 APPROVING PROFESSIONAL SERVICES CONSULTANT CONTRACT WITH PARSONS TRANSPORTATION GROUP, INC. TO DESIGN AND IMPLEMENT THE SMART TRAFFIC ROUTING WITH EFFICIENT AND EFFECTIVE TRAFFIC SYSTEM (STREETS) Whereas, the City Council listed the STREETS project in its 2021 Goals and Priorities; and Whereas, in accordance with the Iowa Department of Transportation consultant selection process, the City solicitated competitive proposals from qualified consulting engineering firms to determine interest and capabilities for Professional Consultant Services for design and implementation; and Whereas, the Mayor and City Council concurred with the Consultant Selection Committee’s recommendation in the selection of Parsons Transportation Group, Inc . of Schaumburg, Illinois, as the first-ranked Consultant and authorized the City Engineer to initiate contract negotiations for Professional Consultant Services to design and implement the Smart Traffic Routing with Efficient and Effective Traffic System (STREETS); and Whereas, the City in collaboration with Parsons Transportation Group Inc., developed a consultant scope of work and a negotiated fee for services in the amount of $3,692,541 to design and implement the Smart Traffic Routing with Efficient and Effective Traffic System (STREETS) project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, THAT: SECTION 1. That said Professional Services Consultant Contract with Parsons Transportation Group, Inc. to design and implement the Smart Traffic Routing with Efficient and Effective Traffic System (STREETS) project is hereby approved. SECTION 2. The City Manager is authorized and directed to execute the Professional Services Consultant Contract with Parsons Transportatio n Group, Inc. Passed, approved, and adopted this 6th day of June 2022. David T. Resnick, Mayor Pro Tem Attest: Trish L. Gleason, Assistant City Clerk 16. Improvement Contracts / Performance, Payment and Maintenance Bonds : BCD Contractors, LLC for the 2022 Asphalt Overlay Ramp Project Two; BCD Contractors, LLC for the 2022 Asphalt Overlay Ramp Project Three; McDermott Excavating for the Stoneman Road Reconstruction Project; Portzen Construction, Inc. for the Mystique Ice Cen ter Ice Rink Concrete Subfloor Project; Portzen Construction, Inc. for the Mystique Ice Arena Stadium Seating Removal and Replacement Project; Rink-Tec International, Inc. for the Mystique Ice Center Rink Ice System Removal and Replacement Project; SELCO, Inc. for the 2022 Pavement Marking Project. Upon motion the documents were received, filed, and approved. 17. Signed Contract(s): Electric Service Agreement with Interstate Power and Light Company. Upon motion the documents were received and filed. 18. Proposed 11th Amendment to Master Co-location and Shared Services Agreement between the City of Dubuque and ImOn Communications LLC: Upon motion the documents were received, filed, and approved. 19. Jule Low Emission/No Emission Grant Application: City Manager submitted the Letter of Financial Commitment by the City Manager to be included in the 2022 FTA Low Emission / No Emission Grant Application. Upon motion the documents were received and filed. 20. 2022 Water Quality Report: City Manager provided a copy of the 2022 Water Quality Report Public Information Brochure. Upon motion the documents were received and filed. 21. Field of Dreams Project Brochure: City Manager provided a copy of Travel Dubuque's Field of Dreams Project Brochure. Upon motion the documents were received and filed. 22. Alcohol and Tobacco License Applications: Upon motion the documents were received and filed, and Resolution No. 215-22 Approving applications for beer, liquor, and / or wine permits, as required by City of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits and Resolution No. 216-22 Approving applications for retail cigarette / tobacco sales / nicotine / vapor permits, as required by Iowa Code Chapter 453A.47A were adopted. RESOLUTION NO. 215-22 APPROVING APPLICATIONS FOR BEER, LIQUOR, AND/OR WINE PERMITS, AS REQUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LICENSE REGULATIONS, CHAPTER 2 LIQUOR CONTROL, ARTICLE B LIQUOR, BEER AND WINE LICENSES AND PERMITS W hereas, applications for Beer, Liquor, and or W ine Permits have been submitted and filed with the City Council for approval, and the same have been examined, provisionally approved, and/or approved; and W hereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City, and the applicants have filed the proper fees and bonds and otherwise complied with the requirements of the Code of Ordinances. NOW , THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOW A THAT: Section 1. The City Clerk is hereby authorized and directed to cause to be issued the noted permit types to the following applicants pending submission of the locally required documentation: Renewals 7 Hills Brewing Co, 1085 Washington St. and 1098 Jackson St. Adobo's Mexican Grill, 756 Main St. American Legion Post 6, 1306 Delhi St. Diamond Jo Casino, 301 Bell St. Fas Mart 5159, 2175 Central Ave. Fischer Lanes, 880 Locust St. Hy-Vee Wine & Spirits A"", 3500 Dodge St. Store Area Jubeck New World Brewing, 115 West 11th St. Kwik Star 236, 2035 John F. Kennedy Rd. Kwik Star 495, 2685 Dodge St. Ooh La La, 3460 Hillcrest Rd. Oolong Asia Cuisine, 145 West 11th St. Paul's Tavern, 176 Locust St. Walgreens 11942, 345 East 20th St. Adding A Privilege Wicked Dame, Adding Outdoor Seating Provisional Issuances, Wayfarer Coffee - New, 955 Washington St. Dubuque Jaycees - Special Event 6-5-22 to 6-9-22, 7th & Jackson to 9th and Jackson + East 8th St. to Elm St. Passed, approved, and adopted this 6th day of June 2022. David T. Resnick, Mayor Pro Tem Attest: Trish L. Gleason, Assistant City Clerk RESOLUTION NO. 216-22 APPROVING APPLICATIONS FOR RETAIL CIGARETTE / TOBACCO SALES / NICOTINE / VAPOR PERMITS, AS REQUIRED BY IOWA CODE 453A.47A Whereas, applications for Cigarette/Tobacco 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 otherwise complied with the requirements of the Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The City Clerk is hereby authorized and directed to cause to be issued the following named applicants and locations for cigarette/tobacco sales permit. Business Name, Business Address Beecher Liquor, 1691 Asbury Rd. 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. Botanicanna, 555 John F. Kennedy Rd. Unit 558 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. Dollar General Store #10074, 2440 Gateway Dr. Dollar General Store #6896, 605 West Locust St. Dollar General Store #7289, 3250 Kennedy Cir Ste 8 Dubuque #1 Hy-Vee, 3500 Dodge St. Dubuque #2 Hy-Vee, 2395 NW Arterial Dubuque #3 Hy-Vee, 400 S. Locust St. Dubuque Mining Co., 555 John F. Kennedy Rd. #600 Dubuque Tobacco and Grocery, 1248 Iowa St. Dubuque Wine and Spirits LLC, 3305 Asbury Rd. Eagle Country Market, 1800 Elm St. EZ Stop 1, 1101 Rhomberg Ave. EZ Stop II, 700 Rhomberg Ave Fareway Stores #114, 2050 John F. Kennedy Rd. Fas Mart #5159, 2175 Central Ave. Hammerheads Bar and Billiards, 2095 Kerper Blvd. Suite #2 Hartig Drug #2, 157 Locust St. Hartig Drug #3, 2255 John F. Kennedy Rd. Hartig Drug #4, 2225 Central Ave. Hartig Drug #8, 1600 University Ave. Hy-Vee Gas #1, 3270 Dodge St Hy-Vee Gas #2, 2435 NW Arterial Hy-Vee Gas #3, 300 S. Locust St Hy-Vee Wine & Spirits #1, 3500 Dodge St. Kwik Star #236, 2035 John F. Kennedy Rd. Kwik Star #495, 2685 Dodge St. Kwik Stop #300, 1215 East 16th St. Kwik Stop #325, 1210 East 16th St. Kwik Stop #48, 3201 Central Ave. Kwik Stop #58, 3340 John F. Kennedy Rd. Kwik Stop #72, 2255 Kerper Blvd. Kwik Stop #74, 2360 Central Ave. Kwik Stop #76, 2320 Gateway Dr. Kwik Stop #78, 4039 Pennsylvania Ave. Kwik Stop #84, 2335 University Ave. Kwik Stop #86, 2150 Twin Valley Dr. Liquor Tobacco & Gas, 1401 Central Ave Liquor Tobacco and Grocery, 1998 Jackson St Midwest Vapors, 2600 Dodge St. Suite B4 Moondog Music, 806 Wacker Dr. #120 North Side Liquor and Tobacco, 2013 Central Ave. #2 Paro Food Mart, 3200 Central Ave. Phillips 66/Arby's, 10 South Main St. Pioneer's Rest Stop, 4900 Old Hwy Rd. PitStop CarryOut, 1735 Central Ave. Port of Dubuque Marina, 450 East 3rd St. Q Casino, 1855 Greyhound Park Dr. Sid's Beverage Store Inc., 2727 Dodge St. Spencer Gifts, LLC, 555 John F. Kennedy Rd. Super Star Tobacco, 1620 John F. Kennedy Rd. Super Stop IV, 535 Hill St. Suite A The Altered State, 1523 Central Ave. The Great Vape, 3250 Central Ave. The Konnexion, 1099 University Ave. Tobacco Outlet Plus #504, 806 Wacker Dr. Suite 140 Vapor City Outlet, 3330 Asbury Rd. Walgreens #11942, 345 East 20th St. Walgreens #6154, 2260 John F. Kennedy Rd. Walgreens #9708, 55 John F. Kennedy Rd. Walmart # 2004, 4200 Dodge St. Walnut Tap, 709 University Ave Passed, approved, and adopted this 6th day of June 2022. David T. Resnick, Mayor Pro Tem Attest: Trish L. Gleason, Assistant City Clerk ITEMS SET FOR PUBLIC HEARING Motion by Sprank to receive and file the documents, adopt the resolutions, and set the public hearings as indicated. Seconded by Wethal. Motion carried 6-0. 1. FY 2023 Annual Action Plan Set for Public Hearing: Upon motion the documents were received and filed, and Resolution No. 217-22 Setting a Public Hearing on the Fiscal Year 2023 (Program Year 2022) 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 July 5, 2022, in the Historic Federal Building. RESOLUTION NO. 217-22 SETTING A PUBLIC HEARING ON THE FISCAL YEAR 2023 (PROGRAM YEAR 2022) COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN BUDGET Whereas, the City of Dubuque has prepared a proposed Annual Action Plan for the use of Community Development Block Grant funds for inclusion in the City Budget; and Whereas, the Federal Department of Housing and Urban Development has released the allocation of funds and requires a balanced plan to be submitted; and Whereas, the City desires to hold a public hearing to receive comment on the proposed Fiscal Year 2023 (Program Year 2022) Community Development Block Grant Annual Action Plan addressing both housing and non-housing needs in the community. 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 Chambers, 2nd Floor, 350 West 6th Street, Dubuque, Iowa at 6:30 p.m. on July 5, 2022, for the purpose of holding a public hearing and taking action to include the Fiscal Year 2023 (Program Year 2022) Community Development Block Grant Annual Action Plan in the City Budget. Section 2. That the City Clerk is hereby authorized 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 2023 (Program Year 2022) Community Development Block Grant Annual Plan. Section 3. That the City Clerk be and is hereby authorized and directed to publish notice of the public hearing in the form attached hereto, according to law. Passed, approved and adopted this 6th day of June 2022. David T. Resnick, Mayor Pro Tem Attest: Trish L. Gleason, Assistant City Clerk BOARDS/COMMISSIONS Applications were reviewed for the following Boards and Commissions. Applicants were invited to address the City Council regarding their desire to serve on the following Boards/Commissions. Applicants indicated (spoke) in favor of their application and provided a short biography. Other applicant provided written statement supporting their application and short biographies. i. Arts and Cultural Affairs Advisory Commission: Four, 3-Year terms through June 30, 2025 (Expiring terms of Levasseur, Decker, Riedel, and Halder) Applicants: Shirley Davis-Orwoll, 2635 West 32nd St. (spoke), Doug Donald, 2920 Arbor Oaks Ct. (spoke), Ali Levasseur, 1318 Jackson St. Nick Halder, 876 S. Grandview Ave. Aaliyah Herrion, 2761 Broadway St. (spoke), Susan Riedel, 282 Kelly’s Bluff Brianna Thompson, 1691 Main St. Miles Turner, 1129 Center Pl. ii. Civic Center Advisory Commission: Three, 3-Year terms through June 29, 2025 (Expiring terms of Blau, Christner, and Bakke) Applicants: Rod Bakke, 3030 Karen St. (spoke), Brenda Christner, 655 Florence St. (spoke), Peter Gaul, 2021 Ellen St. McKenzie Blau, 1548 Pego Ct. iii. Equity and Human Rights Commission: One, 3-Year term through January 1, 2023 (Vacant term of Gardiner) and Two, 3-Year terms through January 1, 2024 (Vacant terms of Merfeld and McCarthy) and One, 3-Year term through January 1, 2025 (Vacant term of Grant) Applicants: Carla Anderson, 1131 Main St. (spoke), Pamela Birch, 1550 Butterfields Dr. Janelle Branch, 325 ½ West 1st St. Yindra Dixon, 251 Hidden Oaks Ct. Aaliyah Herrion, 2761 Broadway St. Kristen Leffler, 159 Julien Dubuque Dr. Lauren Link, 535 West 5 th St. (spoke). Candace Raymond, 1155 Tressa St. Nina Streauslin, 3904 C ora Dr. Nichole Weber, 535 South Grandview Ave. This commission is subject to the State of Iowa gender Balance Law. 9 Commissioners total; Currently 3 males / 3 females / 3 openings iv. Historic Preservation Commission: Two, 3-Year terms through July 1, 2025 (Expiring terms of Stuter; West 11th District and Esser; Jackson Park District) Applicants: Janice Esser, 1072 Locust St. (Qualifies as Jackson Park District Representative) Rick Stuter, 1296 Prairie St. (Qualifies as West 11th District Representative) This commission is subject to the State of Iowa gender Balance Law. 9 Commissioners total; Currently 4 males / 3 females / 2 opening v. Investment Oversight Advisory Commission: One, 3-Year term through July 1, 2025 (Expiring terms of Merritt) Applicant: Joshua Merritt, 2454 Pennsylvania Ave. vi. Library Board of Trustees (Mayoral Appointment): Two, 4-Year terms through July 1, 2026 (Expiring terms of Kramer and Poggemiller) Applicants: A. Alanda Gregory, 653 White St. (spoke). Andrew Bland, 1227 Timber Hyrst Court, (spoke). Nicole Klar, 2437 Matthew John Dr. This commission is subject to the State of Iowa gender Balance Law. 7 Commissioners total; Currently 3 males / 2 females / 2 openings vii. Park and Recreation Advisory Commission: Three, 3-Year terms through June 30, 2025 (Expiring terms of Werner, McCoy, and Wood) Applicants: Gilbert Baca, 830 Southern Ave. Lori Ollendick, 1390 Oak Park Pl. Hobie Wood, 65 Cambridge Ct. viii. Resilient Community Advisory Commission: One, 3-Year term through July 1, 2025 (Expiring term of Kohlhaas) Applicant: Sandra Evans, 1276 South Grandview Ave. PUBLIC HEARINGS 1. 32nd Street and Northwest Arterial Rezoning Request: Motion by Roussell to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Sprank. Paul Baker, 2945 Breck Rd. Spoke regarding a conflict of interest for the Zoning Advisory Commission and the slope of the proposed street. Chad Cox, 2742 Tiffany Crt. Spoke on behalf of himself and neighbors regarding concerns of traffic and safety. Keith Lucy, 3065 Huntington Dr. Spoke regarding postponing until after studies are complete. Larry Bergquist, 2797 Tiffany Crt. Spoke regarding the desire for a more confident plan moving forward. Emily Ward, 2758 Tiffany Crt., Christian Peterson, 2745 Tiffany Crt., Ray Herzog, 2717 Tiffany Crt., all spoke regarding safety issues with traffic. Wally Wernimont, Planning Services Manager responded to questions from council and provided additional information regarding the zoning process and explained the process that is followed if there appears to be a conflict of interest for members on the Zoning Advisory Commission. Motion Failed 4-2 with Roussell and Farber voting Nay. Motion by Cavanagh to approve fist reading for the proposed Ordinances No. 22-22 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located between 32 nd Street and Northwest Arterial (Parcel 1015276004) from AG Agriculture District to R-1 Single- Family Residential and R-4 Multi-Family Residential Developments District as shown on rezoning Exhibit A. Motion failed due to lack of second. Motion by Wethal to separately evaluate the R1 and R4 zoning portions of Ordinance 22-22 and to receive and file and approve the first reading of an amendment of Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located between 32nd Street and Northwest Arterial (Parcel 1015276004) from AG Agriculture District to R-1 Single-Family Residential Developments District as shown on rezoning Exhibit A. Cavanagh seconded. Council discussion ensued. Amended motion by Russell to include the requirement of a traffic study. Seconded by Farber. Amendment passes 4-2 with Wethal and Cavanagh voting nay. Mayor Pro Tem restated the motion on the floor as motion by Wethal to separately evaluate the R1 and R4 zoning portions of Ordinance 22-22 and to receive and file and approve the first reading of an Amendment of Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located between 32nd Street and Northwest Arterial (Parcel 1015276004) from AG Agriculture District to R -1 Single- Family Residential Developments District as shown on rezoning Exhibit A. including the requirement of a traffic study as amended. Motion carried 4-2 with Wethal and Cavanagh voting nay. Motion by Roussell to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended for the R4 Zoning Request. Seconded by Farber. Motion failed 5-1 with Wethal voting nay. Motion by Cavanagh to approve first reading on an amendment of Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located between 32nd Street and Northwest Arterial (Parcel 1015276004) from AG Agriculture District to R-4 Multi-Family Residential Developments District as shown on rezoning Exhibit A. Seconded by Farber. Motion carried 6 -0. 2. Petition to Vacate and Dispose of City Interest in the 20 -Foot-Wide Alley South of Walker Street and East of Oneida Avenue, in North Dubuque Subdivision, in the City of Dubuque, Iowa: Motion by Sprank to receive and file the documents and adopt Resolution No. 218-22 Vacating the 20-Foot-Wide Alley between Lots 599 thru 610 of North Dubuque, in the City of Dubuque, Iowa, to be known as Lot 599A of North Dubuque, in the City of Dubuque, Iowa and Resolution No. 219-22 Disposing of City interest in Lot 599A of North Dubuque, in the City of Dubuque, Iowa. Seconded by Roussell. Motion carried 6-0. RESOLUTION NO. 218-22 VACATING THE 20-FOOT-WIDE ALLEY BETWEEN LOTS 599 THRU 610 OF NORTH DUBUQUE, IN THE CITY OF DUBUQUE, IOWA, TO BE KNOWN AS LOT 599A OF NORTH DUBUQUE, IN THE CITY OF DUBUQUE, IOWA Whereas, the City of Dubuque has agreed to the vacation and sale of City Owned property including the 20-foot-wide alley right of way south of Walker Street and East of Oneida Avenue in the North Dubuque subdivision, in the City of Dubuque, Iowa; and Whereas, The Bible Baptist Church has requested the vacation of said alley right of way and the conveyance of the property to The Bible Baptist Church; and Whereas, Buesing and Associates, Inc. has prepared and submitted to the City Council a plat showing the proposed vacated alley south of Walker Street and East of Oneida Avenue in North Dubuque, in the City of Dubuque, Iowa and assigned a lot number thereto, to be known as Lot 599A of North Dubuque, in the City of Dubuque, Iowa; and Whereas, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on the 20th day of May 2022, the City Council of the City of Dubuque, Iowa met by public and/or virtual means on the 6th day of June 2022, at 6:30 p.m. in the Historic Federal Building Council Chambers (second floor), 350 West 6 th 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 objections, oral or written to the request to vacate; and Whereas, the City Council of the City of Dubuque, Iowa, has determined that the p roposed vacation Lot 599A of North Dubuque, in the City of Dubuque, Iowa should be approved. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the real estate described as Lot 599A of North Dubuque, in the City of Dubuque, Iowa, be and the same is hereby vacated. Passed, approved, and adopted this 6th day of June 2022. David T. Resnick, Mayor Pro Tem Attest: Trish L. Gleason, Assistant City Clerk RESOLUTION NO. 219-22 DISPOSING OF CITY INTEREST IN LOT 599A OF NORTH DUBUQUE, IN THE CITY OF DUBUQUE, IOWA Whereas, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on the 20th day of May, 2022, the City Council of the City of Dubuque, Iowa met by in person and/or by virtual means on the 6th day of June, 2022, 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 599A of North Dubuque, in the City of Dubuque, Iowa Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written to the proposal to sell such real estate. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the conveyance of City of Dubuque real property described as Lot 599A of North Dubuque, in the City of Dubuque, Iowa, to Bible Baptist Church 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 Bible Baptist Church. Section 3. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution in the offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved, and adopted this 6th day of June 2022. David T. Resnick, Mayor Pro Tem Attest: Trish L. Gleason, Assistant City Clerk 3. Jule Consolidated Funding Application from the Iowa Department of Transportation (DOT) as submitted: Motion by Farber to receive and file the documents and adopt Resolution No. 220- 22 Approval of Consolidated Funding Application to Iowa DOT. Seconded by Roussell. Motion Carried 6-0 RESOLUTION NO. 220-22 APPROVAL OF CONSOLIDATED FUNDING APPLICATION TO IOWA DOT Whereas, the City of Dubuque provides fixed-route and paratransit services for the citizens of Dubuque; and Whereas, the Iowa Department of Transportation (IDOT) is a pass -through funding entity 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 applying for the funds to be beneficial to the continued provision of transit service for the citizens of Dubuque. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa hereby endorses the attached application to the Iowa Department of Transportation, which includes a City match. Section 2. The Iowa Department of Transportation 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: $337,216 From federal funds for transit in non-urbanized areas and/or for transit serving primarily elderly persons and persons with disabilities: $79,816 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 required local match for capital projects and at time of delivery will have the funds to operate and maintain vehicles and equipment purchased under this contract. We request that State Transit Assistance formula funding be advanced as allowed by law, to improve system cash flow. Section 3. That Ryan Knuckey, 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 6th day of June 2022. David T. Resnick, Mayor Pro Tem Attest: Trish L. Gleason, Assistant City Clerk PUBLIC INPUT John Pregler, 1525 Pego Ct. spoke regarding Action Item No. 3 Five flags Referendum requesting more information be provided. ACTION ITEMS 1. Report on Preparations for Critical Incident Response to Dubuque Schools : Motion by Roussell to receive and file and listen to the presentation. Seconded by Farber. Police Chief Jeremy Jensen provided a report on preparations for critical incident response to Dubuque Schools. Motion carried 6-0. 2. Greater Dubuque Development Corporation - Quarterly Update: Motion by Roussell to receive and file and listen to the presentation. Seconded by Sprank. President and CEO Rick Dickinson presented the quarterly update on the activities of the Greater Dubuque Development Corporation. Motion carried 6-0 3. Five Flags Referendum: Motion by Roussell to receive and file the documents and adopt Resolution Calling for a Special City Election. Seconded by Cavanagh. Discussion ensued. Amended motion by Roussell to receive and file and refer to staff to review Five Flags scenario 2 and 3. Seconded by Cavanagh. Marie Ware, Leisure Services Manager provided input regarding options City Council could consider on how to move forward regardin g providing staff with direction. Amended motion to receive and file and refer to staff. Seconded by Cavanagh. Russell motion to amend the amended motion by Russell to receive and file and refer to staff to schedule a work session on Monday July 11 at 6:00 p.m. Seconded by Cavanagh. Motion carried 6-0. 4. Bee Branch Stormwater Pumping Station Project (Phase V of the Bee Branch Watershed Flood Mitigation Project) – Reject Bids: Motion by Sprank to receive and file and adopt Resolution No. 222-22 Rejecting Bid Proposals received for the Bee Branch Stormwater Pumping Station Project. Seconded by Roussell. Teri Goodmann, Director of Strategic Partnerships provided information regarding intentions to request a grant extension do to extenuating circumstances. Motion carried 6-0. RESOLUTION NO. 222-22 REJECTING BID PROPOSALS RECEIVED FOR THE Bee Branch STORMWATER PUMPING STATION PROJECT Whereas, competitive sealed bid proposals were submitted for the Bee Branch Stormwater Pumping Station Project (the Project); and Whereas, the competitive sealed bid proposals were opened and read on the 19 th day of May, 2022; and Whereas, the City Council has deemed it advisable to reject all competitive sealed bid proposals for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The competitive sealed bid proposals for the Bee Branch Stormwater Pumping Station Project are hereby rejected. Section 2. The City Clerk is authorized and instructed to return the bid deposit s to unsuccessful bidders for the Bee Branch Stormwater Pumping Station Project. Passed, approved, and adopted this 6th day of June 2022. David T. Resnick, Mayor Pro Tem Attest: Trish L. Gleason, Assistant City Clerk 5. Appointment to Dubuque County Emergency Management Commission: Motion by Farber to receive and file and approve Mayor Cavanagh’s recommendation to appoint Fire Chief Amy Scheller as the representative to the Dubuque County Emergency Management Commission. Seconded by Roussell. Motion carried 6-0. 6. Work Session Request - Inclusive Dubuque Quarterly Update: Motion by Roussell, to receive and file and schedule a work session for Monday, June 20, 2022, at 6:00 p.m. for the Inclusive Dubuque 2nd Quarter report from 2022. seconded by Farber. Motion carried 6-0. 7. Work Session Request - Workforce Housing Needs Session #2: Motion by Sprank, to receive and file and schedule a work session for Monday, August 1, 2022, at 5:30 p.m. for a report on efforts and strategies to add ress the shortage of workforce housing in Dubuque. seconded by Roussell. Motion carried 6-0. 8. Work Session Request – Historic Building Rehabilitation and Preservation: Motion by Roussell to receive and file and schedule a work session for Monday, August 1, 2022 at 6:00 p.m. for a report on current efforts and strategies to address historic building rehabilitation and preservation in Dubuque. seconded by Wethal. Motion carried 6-0. 9. Work Session Request - Imagine Dubuque Update: Motion by Sprank to receive and file and schedule a work session for Monday, August 15, 2022, at 6:00 p.m. for an update on the Imagine Dubuque 2037: A Call-to-Action Comprehensive Plan. Seconded by Farber. Motion carried 6-0. Motion by Wethal to move Action Items No. 10 "Delivering Dubuque" Video Series: Episodes One and Two and No. 11 Congratulations Class of 2022 Video to the June 20, 2022, City Council agenda. Seconded by Farber. Motion carried 6-0. COUNCIL MEMBER REPORTS Mayor Cavanagh reported on currently attending the U.S. Conference of Mayors in Reno Nevada. Council Member Wethal reported that; 1. She participated in a ride-a-long with a member of the Dubuque Police department. 2. The Early Childhood Board is working on vaccine distribution for children and resources to reginal daycare providers. 3. She attended the opening of Frannie’s BBQ on Central Ave. CLOSED SESSION Motion by Roussell to convene in closed session at 10:53 p.m. to discuss Pending Litigation and Purchase or Sale of Real Estate – Chapter 21.5(1)(c),(j) Code of Iowa. Seconded by Wethal. Mayor Pro Tem Resnick 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. Motion carried 6- 0. The City Council reconvened in open session at 11:26 p.m. stating that staff had been given proper direction. There being no further business, Mayor Pro Tem Resnick declared the meeting adjourned at 11:27 p.m. /s/Trish L. Gleason Assistant City Clerk