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2 17 25 City Council Proceedings Official Special and Regular1 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 5:30 p.m. on February 17, 2025, in the second-floor Council Chambers of the Historic Federal Building, 350 W. 6th Street. Present: Mayor Cavanagh; Council Members Farber, Jones, Resnick, Roussell, Sprank (virtual), Wethal; City Manager Van Milligen, City Attorney Brumwell. Mayor Cavanagh read the call and stated this is a special session of the City Council called for the purpose of conducting a work session on Sustainable Dubuque. WORK SESSION Sustainable Dubuque Sustainability Director Gina Bell introduced Rachel Meier, Senior Associate with Lotus Engineering, who provided an overview of the City’s greenhouse gas inventory, the 50% by 2030 reduction goal and what a science-based target would mean for the city. Answer- ing questions, Meier stated that the estimated costs to achieve the goals would vary based on the actions taken. She outlined different sustainable fuel options for vehicles, methods for collecting real-time data on refrigerant leakage, and potential organizations for outreach efforts. City Council Members emphasized that this is a community -driven initiative reliant on partnerships, acknowledged that the current 2030 target will not be met, and expressed interest in establishing a revised target. There being no further business, Mayor Cavanagh declared the meeting adjourned at 6:28 p.m. /s/Adrienne N. Breitfelder, CMC, City Clerk 2 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on February 17, 2025, in the second-floor Council Chambers of the Historic Federal Building, 350 W. 6th Street. Present: Mayor Cavanagh; Council Members Farber, Jones, Resnick, Roussell, Sprank (virtual), Wethal; City Manager Van Milligen, City Attorney Brumwell. Mayor Cavanagh read the call and stated this is a regular session of the City Council called for the purpose of conducting such business that may properly come before the City Council. PLEDGE OF ALLEGIANCE PROCLAMATIONS 1. Dubuque Military Chaplains Day (February 3, 2025) was accepted by Veterans of Foreign Wars Post #508 Service Officer Janet Grass on behalf of the Dubuque American Legion Post #6 and Veterans of Foreign Wars Post #508. 2. Dubuque Main Street's 40th Anniversary (2025) was accepted by Interim Director David Barba on behalf of Dubuque Main Street. CONSENT ITEMS Motion by Resnick to receive and file the documents, adopt the resolutions, and dis- pose of as indicated. Seconded by Farber. Motion carried 7-0. 1. Minutes and Reports Submitted: City Council Proceedings of February 3, 2025; Air- port Commission of December 17, 2024; Housing Commission of October 22, 2024; Re- silient Community Advisory Commission of January 9, 2025; Zoning Advisory Commis- sion of January 8, 2025; Proof of Publication for City Council Proceedings of January 21, 2025. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: Gerald Breitbach for vehicle damage; Robert Hochrein for vehicle damage; Kathryn Luher for vehicle damage. 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 As- surance Pool: Kathryn Luher for vehicle damage. Upon motion the documents were re- ceived, filed, and concurred. 3 4. Approval of City Expenditures: Upon motion the documents were received and filed, and Resolution No. 44-25 Authorizing the Chief Financial Officer/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. 44-25 AUTHORIZING THE CHIEF FINANCIAL OFFICER / CITY TREASURER TO MAKE CERTAIN PAYMENTS OF BILLS THAT MUST BE PAID AND APPROVED FOR PAY- MENT 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 Chief Financial Officer-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 Chief Financial Officer -City Treasurer to issue checks in payment of certain expenditures known as Exception Expenditures prior to Cit y Council approval and such list is [provided] hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The Chief Financial Officer-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 Chief Financial Officer 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 17th day of February 2025. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 5. Resolution Supporting Iowa State Historic Preservation Tax Credit Part 2B Applica- tion for 1047 Bluff Street: Upon motion the documents were received and filed, and Res- olution No. 45-25 In Support of Iowa State Historic Preservation Tax Credit Part 2B Ap- plication Submitted to The Iowa Economic Development Authority by Forward Invest- ments Group LLC For a Historic Rehabilitation Project At 1047 Bluff Street was adopted. RESOLUTION NO. 45-25 IN SUPPORT OF IOWA STATE HISTORIC PRESERVATION TAX CREDIT PART 2B APPLICATION SUBMITTED TO THE IOWA ECONOMIC DEVELOPMENT 4 AUTHORITY BY FORWARD INVESTMENTS GROUP LLC FOR A HISTORIC REHA- BILITATION PROJECT AT 1047 BLUFF STREET Whereas, Forward Investments Group LLC has requested City support for its Historic Preservation Tax Credit Part 2B application to the Iowa Economic Development Authority (“IEDA”) for the rehabilitation of its historic church building located at 1047 Bluff Street, Dubuque, Iowa (the “Project”); and Whereas, the building is a contributing building in the Jackson Park Historic District and is eligible for State Historic Preservation Tax Credits for the rehabilitation of the build- ing; and Whereas, the successful completion of the Project requires funding from a number of sources, including the State of Iowa Historic Preservation Tax Credit; and Whereas, the Historic Preservation Tax Credit Part 2B application is a competitive ap- plication that gives points for various aspects, including local government support of the Project in the jurisdiction of which it is located; and Whereas, City support will help the Project to score higher on its application and in- crease the likelihood that the Part 2B application results in an award of Historic Preser- vation Tax Credits for the Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The City Council of the City of Dubuque does hereby express its support for the Project and for Forward Investments Group LLC to submit its Historic Preservation Part 2B application to the IEDA seeking an award of Historic Preservation Tax Credits for the Project. Section 2. The City’s Office of Economic Development is directed to transmit a copy of this resolution to Forward Investments Group LLC. Passed, approved, and adopted this 17th day of February 2025. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 6. Hy-Vee, Inc. 2023 Property Tax Appeal Stipulation of Settlement Notice : Senior Counsel transmitting notice of a Stipulation of Settlement for a 2023 property tax appeal filed by Hy-Vee, Inc. for their property located at Parcel No. 1017476005. Upon motion the documents were received and filed. 7. Real Property Exchange Agreement between the City of Dubuque and Theisen's Warehouse, LLC: Upon motion the documents were received and filed, and Resolution No. 46-25 Accepting the Deed to Certain Real Estate in Dubuque County, Iowa From Theisen’s Warehouse, LLC was adopted. RESOLUTION NO. 46-25 ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IOWA FROM THEISEN’S WAREHOUSE, LLC Whereas, Theisen’s Warehouse, LLC is the owner of the following real estate Lot 2A Dubuque Industrial Center West 9th Addition being part of Lot 2 of Dubuque Industrial Center West 9th Addition in the Northeast Quarter of the Southeast Quar- ter of Section 30, Township 89 North, Range 2 East of the 5th Principal Meridian, in 5 the City of Dubuque, Dubuque County, Iowa, subject to easements and restrictions of record (the Property); and Whereas, the City of Dubuque (City) and Theisen’s Warehouse, LLC (Theisen’s) en- tered into a Purchase Agreement pursuant to which Theisen’s agreed to convey the Prop- erty to City; and Whereas, the terms of the Purchase Agreement have been fulfilled by the parties; and Whereas, the City Council finds that it is the best interest of the City to accept Deed from Theisen’s Warehouse, LLC. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: 1. The City of Dubuque, Iowa, hereby accepts the Deed from Theisen’s Warehouse, LLC, a copy of which is attached hereto. 2. The City Clerk is hereby authorized and directed to record this Resolution and the Deed with the Dubuque County Recorder. Passed, approved and adopted this 17th day of February 2025. Brad M. Cavanaugh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 8. Novelty Iron Landlord, LLC Assignment of Development Agreement to GT Novelty, LLC and GT Novelty Condos, LLC: Upon motion the documents were received and filed, and Resolution No. 47-25 Approving an Assignment of Development Agreement By Nov- elty Iron Landlord, LLC To GT Novelty, LLC And GT Novelty Condos, LLC was adopted. RESOLUTION NO. 47-25 APPROVING AN ASSIGNMENT OF DEVELOPMENT AGREEMENT BY NOVELTY IRON LANDLORD, LLC TO GT NOVELTY, LLC AND GT NOVELTY CONDOS, LLC Whereas, a Development Agreement was entered into in 2013 by and between the City of Dubuque and Warehouse Trust, LLC, now Novelty Iron Landlord, LLC, for the development of the Novelty Ironwork Building in the Millwork District (the Property); and Whereas, GT Novelty, LLC and GT Novelty Condos, LLC recently purchased the Prop- erty and are now requesting City approval of the attached Assignment of Development Agreement; and Whereas, the City Council finds that the Assignment of Development Agreement should be approved. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Assignment of Development Agreement is hereby approved. Section 2. The City Manager is hereby authorized and directed to take such action as may be necessary to implement the Assignment of Development Agreement. Passed, approved and adopted this 17th day of February 2025. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 9. First Amendment to Development Agreement by and between the City of Dubuque, Iowa and Millwork Flats, L.L.C.: Upon motion the documents were received and filed, and 6 Resolution No. 48-25 Approving the First Amendment to Development Agreement by And Between the City of Dubuque, Iowa and Millwork Flats, L.L.C. was adopted. RESOLUTION NO. 48-25 APPROVING THE FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE, IOWA AND MILLWORK FLATS, L.L.C. Whereas, the City of Dubuque (City) and Millwork Flats, L.L.C. (Developer) entered into a Development Agreement dated June 17, 2024; and Whereas, City and Developer desire to amend the Development Agreement as set forth in the attached First Amendment to Development Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The First Amendment to Development Agreement by and between the City of Dubuque, Iowa and Millwork Flats, L.L.C., copy of which is attached hereto, in hereby approved. Section 2. The Mayor is hereby authorized and directed to execute the First Amend- ment to Development Agreement on behalf of the City of Dubuque and the City Clerk is authorized and directed to attest to his signature. Section 3. The City Manager is authorized to take such actions as are necessary to comply with the terms of the First Amendment to Development Agreement as herein ap- proved. Passed, approved, and adopted this 17th day of February 2025. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 10. Housing Commission Appointment of Liaison to the Long Range Planning Advisory Commission: Housing Commission recommended City Council approval to appoint Com- missioner Julietta Scott as the Housing Commission Liaison to the Long Range Planning Advisory Commission. Upon motion the documents were received, filed, and approved. 11. Calendar Year 2024 Urban Revitalization Program Applications : Upon motion the documents were received and filed, and Resolution No. 49-25 Approving Property Tax Abatement Applications Submitted by Property Owners in Urban Revitalization Areas and Authorizing the Transmittal of The Approved Applications to The City Tax Assessor was adopted. RESOLUTION NO. 49-25 APPROVING PROPERTY TAX ABATEMENT APPLICATIONS SUBMITTED BY PROPERTY OWNERS IN URBAN REVITALIZATION AREAS AND AUTHORIZING THE TRANSMITTAL OF THE APPROVED APPLICATIONS TO THE CITY TAX AS- SESSOR Whereas, Chapter 404 of the Code of Iowa, the Urban Revitalization Act, permits cities to abate property taxes for improvements made to properties in designated revitalization areas; and Whereas the Urban Revitalization Act requires property owners to submit a written application for abatement by February 3, 2025, of the assessment year for which the 7 abatement is first claimed and requires the City Council to approve all applications that meet the requirements of the adopted Urban Revitalization Plan. Copies of the Urban Revitalization applications are forwarded to the City Assessor for review by March 1, 2025; and Whereas, pursuant to the requirements of said Urban Revitalization Act, the following Urban Revitalization Areas were established: Dubuque Urban Revitalization Area, Alta Vista, Radford Road, 210 Jones Street, Kunkel & Associates, Lange Estates; and Whereas, the City of Dubuque, as of February 3, 2025, received tax abatement appli- cations from the following property owners in the aforementioned urban revitalization dis- tricts eligible for tax exemption for the time period indicated: Whereas, the Housing and Community Development Department has reviewed the above-described applications, verified required permits were obtained and inspected for applicable improvements, verified inspections of the properties, and determined the ap- plications and the improvements conform to the requirements of the City of Dubuque’s Urban Revitalization Plans. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the above-described tax abatement applications meet the require- ments of the City of Dubuque’s Urban Revitalization Plans. Section 2. That the above-described tax abatement applications are hereby approved by the City Council, subject to the review and approval of the City Assessor. Section 3. That the City Clerk is hereby authorized and directed to forward the above - described tax abatement applications to the City Assessor. Passed, approved, and adopted this 17th day of February 2025. Brad M. Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk 12. Final Plat of Lots 129 thru 136 and Lot J of Silver Oaks Estates No. 3: Upon motion the documents were received and filed, and Resolution No. 50 -25 Authorizing Approval of The Final Plat of Lots 129 Thru 136 And Lot J Of Silver Oaks Estates No. 3 In the City of Dubuque, Iowa was adopted. District Address Property Owner Type of Property Exemption Period DBQ UR Area 156 Bluff Steve & Robyn McAreavy Residential 10-year DBQ UR Area 346/348 W Locust Weaver Castle, LLC Residential 10-year DBQ UR Area 629 Groveland Pl Jeffrey Robbins Residential 10-year DBQ UR Area 1412 Washington Kenny J Birch, Sr Residential 10-year DBQ UR Area 477 W. 3rd Troy & Stacy Lynn Froistad Residential 10-year DBQ UR Area 2050 White St (late app) Gonzalo Leon Residential 10-year 8 RESOLUTION NO. 50-25 AUTHORIZING APPROVAL OF THE FINAL PLAT OF LOTS 129 THRU 136 AND LOT J OF SILVER OAKS ESTATES NO. 3 IN THE CITY OF DUBUQUE, IOWA Whereas, there has been filed with the City Clerk a Final Plat of Lots 129 thru 136 and Lot J of Silver Oaks Estates No. 3, in the City of Dubuque, Iowa; and Whereas, upon said final plat appears a public street to be known as Cambria Drive, (Lot J), which the owner by said final plat has dedicated to the public forever; and Whereas, upon said final plat appear certain public utility and storm drainage ease- ments, which the owner by said final plat has dedicated to the public forever; and Whereas, upon said final plat appears certain water main, sanitary sewer, and storm sewer easement, which the owner by said final plat has dedicated to the City of Dubuque forever; and Whereas, said final plat has been reviewed by the City Planner and his approval has been endorsed thereon, subject to the owner’s agreeing to the conditions specified herein; and Whereas, said final plat has been examined by the City Council and the City Council find the final plat conforms to the applicable statutes and ordinances, except that streets and public utilities have not yet been completely constructed or installed. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedication of Cambria Drive (Lot J) together with certain water main, sanitary sewer, and storm sewer easements, as they appear on said final plat, to the City of Dubuque be and the same are hereby accepted; and Section 2. That the Final Plat of Lots 129 thru 136 and Lot J of Silver Oaks Estates No. 3, in the City of Dubuque, Iowa is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said final plat, provided the owners of said property herein named, execute their written acceptance of the attached conditions and further agree: (a) To reduce Cambria Drive (Lot J) to grade and to construct longitudinal sub -drain, concrete curb and gutter with asphaltic concrete pavement or with Portland Cement concrete pavement with integral curb, all in accordance with the City of Dubuque standard specifications in a manner acceptable to the City Engineer, in conformance with construction improvement plans approved by the City Engineer, and inspected and approved by the City Engineer. (b) To install sanitary sewer mains and sewer service laterals into each individual lot, water mains and water service laterals into each individual lot, storm sewers and catch basins, boulevard street lighting, fiber optic conduit and vaults, and erosion control devices all in accordance with the City of Dubuque standard specifications in a manner acceptable to the City Engineer, and in accordance with construction improvement plans approved by the City Engineer, and inspected and approved by the City Engineer. (c) To construct accessible sidewalk ramps at each intersection and street crossings in accordance with City of Dubuque Standards and Specifications, all in a manner acceptable to the City Engineer, and in accordance with the construction improve- ment plans approved by the City Engineer, and inspected and approved by the City Engineer. 9 (d) To construct the improvements outlined in (a), (b), and (c) above within two years from the date of acceptance of this resolution, at the sole expense of the owners, or future owner. (e) To maintain the improvements outlined in (a), (b), and (c) above for a period of two (2) years from the date of the acceptance of those improvements by the City Council of the City of Dubuque, Iowa, at the sole final expense of the owners, or future owner. (h) To provide securities for the performance of the foregoing conditions specified in this Section in such form and with such sureties as may be acceptable to the City Manager of the City of Dubuque, Iowa. Section 3. Per Section 16-11-16-D of the City of Dubuque Unified Development Code, sidewalk installation shall be the responsibility of the owner of property abutting the public right-of-way. This responsibility shall extend to all successors, heirs and assignees. Side- walk installation shall be required when the development of a lot has been completed. All vacant lots shall have sidewalks installed upon development of eighty percent (80%) of the lots shown on the approved final plat. Section 4. That the owner must construct and maintain erosion control devices in Lots 129 thru 136 and Lot J of Silver Oaks Estates No. 3, in the City of Dubuque, Iowa which control erosion and prevent sediment from leaving the site. Section 5. That the planting of street trees shall be coordinated with the City’s Urban Forester. Any tree(s) planted within the street right-of-way must be approved by the Urban Forester. The location and species of tree(s) will be approved by the Urban Forester and planted and cared for through establishment by the developer at the developer’s expens e. Section 6. That the final acceptance of the public improvements shall only occur upon certification of the City Engineer to the City Council that the public improvements have been completed in accordance with the approved improvement plans and City standards and specifications and accepted by City Council Resolution. Section 7. That in the event Royal Oaks Development Corporation fails to execute the acceptance and furnish the guarantees provided hereof within 180 days after the date of this Resolution, the provisions hereof shall be null and void and the acceptance of the dedication and approval the plat shall not be effective. Passed, approved and adopted this 17th day of February 2025. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 13. Accepting Public Water Distribution System Improvements in Kerrigan Heights Subdivision from IADU Table Mound MHP, LLC, in Dubuque County, Iowa : Upon motion the documents were received and filed, and Resolution No. 51 -25 Accepting Public Water Distribution System Improvements in Kerrigan Heights Subdivision, In Dubuque County, Iowa was adopted. RESOLUTION NO. 51-25 ACCEPTING PUBLIC WATER DISTRIBUTION SYSTEM IMPROVEMENTS IN KERRI- GAN HEIGHTS SUBDIVISION, IN DUBUQUE COUNTY, IOWA Whereas, per the Memorandum of Understanding between the City of Dubuque and IADU Table Mound MHP, LLC, approved by the City Council via Resolution 201 -18 and 10 amended by Resolution 106-19, the parties wished to set forth terms for repairs and im- provements to the private IADU water distribution system which serves multiple areas including Kerrigan Heights Subdivision in the Dubuque County, Iowa; and Whereas, pursuant to said Memorandum of Understanding, repairs and improvements to the Kerrigan Heights water distribution system have been completed by IADU Table Mound MHP, LLC and IADU Table Mound MHP, LLC now wishes to dedicate said im- provements to the City of Dubuque for ownership and maintenance; and Whereas, the Kerrigan Heights water distribution system improvements have been completed and the City Manager has examined the work and has filed a certificate stating that the same has been completed in accordance with the plans approved by the City Council and in conformance with City specifications, and has recommended that the im- provements be accepted by the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said public water distribution system improvements in Kerrigan Heights Subdivision, in Dubu- que County, Iowa, as shown on the attached Exhibit A, be and the same are hereby accepted. Passed, approved and adopted this 17th day of February 2025. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 14. Acceptance of Grant of Easement for Storm Sewer Utility across Interstate Power and Light Company Property off Julien Dubuque Drive in Dubuque : Upon motion the doc- uments were received and filed, and Resolution No. 52-25 Accepting A Grant Of Ease- ment For Storm Sewer Utility Through, Under And Across Part Of Lot 2 Of Lot 1 Of Lot 1 Of Mineral Lot 13, In The City Of Dubuque, Iowa was adopted. RESOLUTION NO. 52-25 ACCEPTING A GRANT OF EASEMENT FOR STORM SEWER UTILITY THROUGH, UNDER AND ACROSS PART OF LOT 2 OF LOT 1 OF LOT 1 OF MINERAL LOT 13, IN THE CITY OF DUBUQUE, IOWA Whereas, Interstate Power and Light Company has executed a Grant Easement for Storm Sewer Utility through, under and across Lot 2 of Lot 1 of Lot 1 of Mineral Lot 13, in the City of Dubuque, Iowa. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts and consents to the Grant of Easement for Storm Sewer Utility through, under and across Part of Lot 2 of Lot 1 of Lot 1 of Mineral Lot 13, in the City of Dubuque, Iowa from Intersta te Power and Light Company, a copy of which is attached hereto. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Passed, approved and adopted this 17th of February 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 11 15. 2024 Pavement Marking Project - Acceptance of Public Improvement Construction Contract - Project Code: 5521000013: Upon motion the documents were received and filed, and Resolution No. 53-25 Accepting The 2024 Pavement Marking Project and Au- thorizing the Payment to The Contractor was adopted. RESOLUTION NO. 53-25 ACCEPTING THE 2024 PAVEMENT MARKING PROJECT AND AUTHORIZING THE PAY- MENT TO THE CONTRACTOR Whereas, the public improvement contract for the 2024 Pavement Marking Project, (the Project) has been completed by the Contractor, Ostrom Painting and Sandblasting, Inc. (Contractor), the City Engineer has examined the work and recommends that the Project be accepted; and Whereas, the final contract amount for the Project is $225,922.02; and Whereas, the Contractor has previously been paid $214,625.92, leaving a balance of $11,296.10; 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 $11,296.10 as provided in Iowa Code chapter 573, and to pay such retainage in accordance with the provisions of Iowa Code chapter 573 or Iowa Code chapter 26.13. Passed, approved and adopted this 17th day of February 2025. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF 2024 PAVEMENT MARKING PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the 2024 Pavement Marking Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $235,022.94. Dated this 17th day of February 2025. /s/Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 17th day of February 2025. /s/Adrienne N. Breitfelder, City Clerk 16. Bloomberg’s Youth Climate Action Grant Award Acceptance: Upon motion the doc- uments were received, filed, and approved. 17. Approval of Retail Alcohol Licenses: Upon motion the documents were received and filed, and Resolution No. 54-25 Approving applications for retail alcohol licenses, as required by City of Dubuque Code of Ordinances Title 4 Business and License 12 Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits was adopted. RESOLUTION NO. 54-25 APPROVING APPLICATIONS FOR RETAIL ALCOHOL LICENSES, 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 Whereas, applications for retail alcohol licenses have been submitted and filed with the City Council for approval, and the same have been examined, provisionally approved, and/or approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City; and Whereas ,the applicants have filed the proper fees and bonds to the Iowa Department of Revenue Alcohol and Tax Compliance Division and have 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 at the noted premise address to the following applicants pending submission of the locally required documentation: New Applications Key City Tavern 1121 University Ave. Casey's 4900 Old Highway Rd. Fuel Express Food Mart 250 West 1st St. Renewals 7 Hills Brewing Co. 333 East 10th St., Ballroom Only Convivium Urban Farmstead 2811 Jackson St. Dollar Geneal 6896 605 West Locust St. Dollar General 10074 2400 Gateway Dr. Dollar General 7289 3250 Kennedy Circle, Ste 8 Dubuque Mining Co. 555 John F. Kennedy Rd., Suite 600 Dungeon Ltd 302 Locust St. Grand River Center 500 Bell St. Hammerheads Bar & Billiards 2095 Kerper Blvd., Ste. 2 Hy-Vee Market Cafe 3 400 Locust St. Cafe Area Northside Bar, Inc. 2776 Jackson St. The Richards House B&B 1492 Locust St. Voices Studios 1585 Central Ave. 13 Special Event(s) per Special Event Application Submittal Stone Cliff Winery - Dubuque on Ice Brew Fest - 2-20-25 to 2-24-25 405 Main St. Premises Update Five Flags Center Temp Premise Update to accommodate Iowa Brew Fest 2025 Ownership Changes/Amendments Stone Cliff Winery 600 Star Brewery Dr. Suite 100 Swagat Indian Cuisine 1108 Locust St. Convivium Urban Farmstead 2811 Jackson Street New Applications Provisional Issuances Swagat Indian Cuisine 1108 Locust St. Passed, approved, and adopted this 17th day of February 2025. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk ITEMS SET FOR PUBLIC HEARING Motion by Roussell to receive and file the documents, adopt the resolutions, and set the public hearings as indicated. Seconded by Wethal. Motion carried 7 -0. 1. Resolution Setting a Public Hearing on a Proposed Development Agreement by and among the City of Dubuque, Iowa, FEH Realty, L.L.C., and FEH Associates, Inc.: Upon motion the documents were received and filed and Resolution No. 55-25 Fixing The Date For A Public Hearing Of The City Council Of The City Of Dubuque, Iowa On A Develop- ment Agreement By And Among The City Of Dubuque, Iowa, FEH Realty, L.L.C., And FEH Associates, Inc., Including The Proposed Issuance Of Urban Renewal Tax Incre- ment Revenue Obligations Relating Thereto And Providing For The Publication Of Notice Thereof was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on March 3, 2025 in the Historic Federal Building RESOLUTION NO. 55-25 FIXING THE DATE FOR A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA ON A DEVELOPMENT AGREEMENT BY AND AMONG THE CITY OF DUBUQUE, IOWA, FEH REALTY, L.L.C., AND FEH ASSOCIATES, INC., IN- CLUDING THE PROPOSED ISSUANCE OF URBAN RENEWAL TAX INCREMENT REVENUE OBLIGATIONS RELATING THERETO AND PROVIDING FOR THE PUBLI- CATION OF NOTICE THEREOF Whereas, City, FEH Realty, L.L.C., and FEH Associates, Inc. have tentatively entered into a Development Agreement, subject to the approval of the City Council, a copy of 14 which is now on file at the Office of the City Clerk, City Hall, 50 W. 13th Street, Dubuque, Iowa for the development of property located at 902 Main Street; and Whereas, the City Council has tentatively determined that it would be in the best inter- ests of the City to approve the Development Agreement, with FEH Realty, L.L.C., and FEH Associates, Inc.; and Whereas, it is deemed necessary and advisable that City should authorize Urban Re- newal Tax Increment Revenue obligations, as provided by Iowa Code Chapter 403 pur- suant to the Development Agreement; and Whereas, before said obligations may be approved, Iowa Code Chapter 403 requires that the City Clerk publish a notice of the proposal and of the time and place of the meeting at which the City Council proposes to take action thereon and at which meeting the City Council shall receive oral and/or written objections from any resident or property owner of said City to such proposed action. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Clerk is hereby authorized and directed to cause a notice to be published as prescribed by Iowa Code Section 403.9 of a public hearing on the City's intent to authorize Urban Renewal Tax Increment Revenue obligations, to be held on the 3rd day of March 2025, at 6:30 p.m. The official City Council agenda will be posted the Friday before the meeting and will contain public input options. The agenda can be ac- cessed at https://dubuqueia.portal.civicclerk.com/ or by contacting the City Clerk’s Office at 563-589-4100, ctyclerk@cityofdubuque.org. Section 2. The City Council will meet at said time and place for the purpose of taking action on the matter of authorizing Urban Renewal Tax Increment Revenue obligations and the execution of the Development Agreement relating thereto with FEH Realty, L.L.C., and FEH Associates, Inc. , the proceeds of which obligations will be used to carry out certain of the special financing activities described in the Urban Renewal Plan for the Greater Downtown Urban Renewal District, consisting of the funding of economi c devel- opments grants to FEH Realty, L.L.C., and FEH Associates, Inc. pursuant to the Devel- opment Agreement. It is expected that the aggregate amount of the Tax Increment Rev- enue obligations to be issued will be approximately $115,000. Section 3. The Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a newspaper, printed wholly in the English language, pub- lished at least once weekly, and having general circulation in said City, said publication to be not less than four days nor more than twenty days before the date of said meeting on the issuance of said obligations. Section 4. That the notice of the proposed action to issue said obligations shall be in substantially the form attached hereto. Passed, approved and adopted this 17th day of February, 2025. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 2. Setting Public Hearing for a Proposed Development Agreement between the City of Dubuque, Iowa and Dubuque Racing Association, Ltd.: Upon motion the documents were received and filed and Resolution No. 56-25 Fixing The Date For A Public Hearing Of The City Council Of The City Of Dubuque, Iowa On A Development Agreement By And 15 Between The City Of Dubuque, Iowa And Dubuque Racing Association, Ltd., Including The Proposed Issuance Of Urban Renewal Tax Increment Revenue Obligations Relating Thereto And Providing For The Publication Of Notice Thereof was adopted setting a pub- lic hearing for a meeting to commence at 6:30 p.m. on March 3, 2025 in the Historic Federal Building. RESOLUTION NO. 56-25 FIXING THE DATE FOR A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA ON A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE, IOWA AND DUBUQUE RACING ASSOCIATION, LTD., INCLUD- ING THE PROPOSED ISSUANCE OF URBAN RENEWAL TAX INCREMENT REVE- NUE OBLIGATIONS RELATING THERETO AND PROVIDING FOR THE PUBLICA- TION OF NOTICE THEREOF Whereas, the City of Dubuque and Dubuque Racing Association, Ltd. have entered into a Development Agreement, subject to the approval of the City Council, a copy of which is now on file at the Office of the City Clerk, City Hall, 50 W. 13th Street, Dubuque, Iowa for the development of approximately 19,380 square feet located on leased property due east of 1801 Greyhound Park Rd, Dubuque, Iowa; and Whereas, the City Council has tentatively determined that it would be in the best inter- ests of the City to approve the Development Agreement with Dubuque Racing Associa- tion, Ltd.; and Whereas, it is deemed necessary and advisable that the City Council should authorize Urban Renewal Tax Increment Revenue Obligations, as provided by Iowa Code Chapter 403 pursuant to the Development Agreement; and Whereas, before said obligations may be approved, Iowa Code Chapter 403 requires that the City Clerk publish a notice of the proposal and of the time and place of the meeting at which the City Council proposes to take action thereon and at which meeting the City Council shall receive oral and/or written objections from any resident or property owner of said City to such proposed action. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Clerk is hereby authorized and directed to cause a notice to be published as prescribed by Iowa Code Section 403.9 of a public hearing on the City's intent to authorize Urban Renewal Tax Increment Revenue Obligations, to be held on the 3rd day of March 2025, at 6:30 p.m. The official agenda will be posted on Friday, February 28, 2025 and will contain listening, viewing, and public input options. The City Council agenda can be accessed at https://dubuqueia.portal.civicclerk.com/ or by con tacting the City Clerk’s Office at 563-589-4100, ctyclerk@cityofdubuque.org. Section 2. The City Council will meet at said time and place for the purpose of taking action on the matter of authorizing the execution of the Development Agreement including the issuance of Urban Renewal Tax Increment Revenue Obligations relating thereto with Dubuque Racing Association, Ltd., the proceeds of which Obligations will be used to carry out certain of the special financing activities described in the Urban Renewal Plan for the Greater Downtown Urban Renewal District, consisting of the funding o f economic devel- opments grants to Dubuque Racing Association, Ltd. pursuant to the Development 16 Agreement. It is expected that the aggregate amount of the Tax Increment Revenue Ob- ligations to be issued will be approximately $7,092,000. Section 3. The Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a newspaper, printed wholly in the English language, pub- lished at least once weekly, and having general circulation in said City, said publication to be not less than four days nor more than twenty days before the date of said meeting on the issuance of said obligations. Section 4. That the notice of the proposed action to issue said obligations shall be in substantially the form attached hereto. Passed, approved and adopted this 17th day of February, 2025. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 3. Second Amendment to the Dubuque Racing Association Lease : Upon motion the documents were received and filed and Resolution No. 57 -25 Intent To Dispose Of An Interest In Real Property Through A Second Amendment To The Amended And Restated Lease Agreement With The Dubuque Racing Association, Ltd. was adopted sett ing a public hearing for a meeting to commence at 6:30 p.m. on March 3, 2025 in the Historic Federal Building. RESOLUTION NO. 57-25 INTENT TO DISPOSE OF AN INTEREST IN REAL PROPERTY THROUGH A SECOND AMENDMENT TO THE AMENDED AND RESTATED LEASE AGREEMENT WITH THE DUBUQUE RACING ASSOCIATION, LTD. Whereas, the City of Dubuque, Iowa (City) is the owner of the real property legally described as Lot 1 of Chaplain Schmitt Island in the City of Dubuque, Iowa, according to the Plat recorded as Instrument #2023-7679, records of Dubuque County, Iowa (the Prop- erty); and Whereas, the Property is subject to an Amended and Restated Lease Agreement (Lease) between City and the Dubuque Racing Association (Association) dated Septem- ber 19, 2023; and Whereas, City and Association entered into a First Amendment to the Lease dated April 15, 2024; and Whereas, the City and Association now desire to further amend the Lease Agreement; and Whereas, the DRA is in progress with a construction project of more than $90 million; and Whereas, the City Council believes it is in the best interests of the City to approve the Second Amendment to its Lease Agreement with the DRA. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council intends to dispose of the City’s interest in the foregoing- described real property pursuant to: The Second Amendment to its Lease Agreement with the DRA, and 17 Section 2. The City Clerk is hereby authorized and directed to cause this Resolution and a Notice to be published as prescribed by Iowa Code §364.7 of a public hearing on City's intent to dispose of the foregoing-described real property, to be held on the 3rd day of March 2025, at 6:30 o'clock p.m. in the City Council Chambers at the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa Passed, approved and adopted this 17th day of February 2025. Brad M. Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk 4. Initiate Bid Process and Set Public Hearing for the Bunker Hill Foundation Repair Project: Upon motion the documents were received and filed and Resolution No. 58 -25 Bunker Hill Foundation Repair Project Preliminary Approval Of Plans, Specifications, Form Of Contract, And Estimated Cost; Setting Date Of Public Hearing On Plans, Speci- fications, Form Of Contract, And Estimated Cost was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on March 3, 2025 in the Historic Federal Building. RESOLUTION NO. 58-25 BUNKER HILL FOUNDATION REPAIR PROJECT PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SET- TING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATED COST Whereas, Bunker Hill Golf Course is a popular community amenity and the building serves as the administration offices for the Parks and Recreation Department, and the pro shop and snack bar; and Whereas, the building foundation is a vital component to structural integrity; and Whereas, properly maintained assets are critical to providing maximum value to the community. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The proposed plans, specifications, form of contract and estimated cost for the Bunker Hill Foundation Repair Project, in the estimated cost amount of $319,880 are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. Section 2. A public hearing will be held on the 3rd day of March 2025, at 6:30 p.m. in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa, at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general circ ulation in the City of Dubuque, Iowa, which notice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, form of contract, or estimated cost of the Project. Passed, approved and adopted this 17th day of February 2025. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 18 5. Resolution of Necessity for the Amendment of the Dubuque Industrial Center Eco- nomic Development District Urban Renewal Plan, Version 2025.1 : Upon motion the doc- uments were received and filed and Resolution No. 59 -25 Authorizing And Directing The City Manager To Prepare An Amended And Restated Urban Renewal Plan Version 2025.1 For The Dubuque Industrial Center Economic Development District, Se tting A Date For The Public Hearing, And Directing The Consultation Process On The Proposed Amended And Restated Urban Renewal Plan Version 2025.1 For Said District was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on March 17, 2025 in the Historic Federal Building. RESOLUTION NO. 59-25 AUTHORIZING AND DIRECTING THE CITY MANAGER TO PREPARE AN AMENDED AND RESTATED URBAN RENEWAL PLAN VERSION 2025.1 FOR THE DUBUQUE INDUSTRIAL CENTER ECONOMIC DEVELOPMENT DISTRICT, SETTING A DATE FOR THE PUBLIC HEARING, AND DIRECTING THE CONSULTATION PROCESS ON THE PROPOSED AMENDED AND RESTATED URBAN RENEWAL PLAN VERSION 2025.1 FOR SAID DISTRICT Whereas, the City Council of the City of Dubuque has heretofore approved the Amended and Restated Urban Renewal Plan (the “Plan” or “Urban Renewal Plan”) for the Dubuque Industrial Center Economic Development District (the “District”) in order to provide redevelopment opportunities which will further the purposes and objectives of the foregoing Urban Renewal Plan; and Whereas, City staff has recommended that the Plan be further amended to remove property from the District; and Whereas, Iowa Code Chapter 403 requires that before a Plan may be modified, the City Council must follow the notification, consultation, and public hearing process set forth therein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Manager is authorized and directed to prepare an Amended and Restated Urban Renewal Plan Version 2025.1 for the Dubuque Industrial Center Economic Development District to include in such Plan any appropriate project activities and details, and to determine an appropriate date for and conduct the consultation pro- cess required by law with affected taxing entities concerning the proposed amendment. Section 2. That the City Council hold a public hearing on the adoption of the proposed Amended and Restated Urban Renewal Plan Version 2025.1 for the Dubuque Industrial Center Economic Development District on March 17, 2025, at 6:30 p.m. in the form at- tached hereto. The notice of said hearing shall generally identify the areas covered by the Plan Version 2025.1 and the general scope of the urban renewal activities planned for such areas and said notice shall be published in a newspaper having general circulation within the City not less than four days nor more than twenty days before the date of said meeting. A copy of the notice of public hearing shall be sent by ordinary mail to the af- fected taxing entities. Section 3. That the Economic Development Department is further directed to send by ordinary mail a copy of said Plan Version 2025.1, the notice of public hearing, a notice of 19 consultation, and, to the extent the Plan Version 2025.1 includes the use of tax increment revenues for a public building, an analysis of alternative development and funding options for such public buildings, to the Dubuque Community School District and th e Dubuque County Board of Supervisors, as the affected taxing entities. Passed, approved and adopted this 17th day of February 2025. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 6. Resolution of Necessity for the Amendment of the Dubuque Industrial Center Eco- nomic Development District Urban Renewal Plan, Version 2025.2 : Upon motion the doc- uments were received and filed and Resolution No. 60 -25 Authorizing And Directing The City Manager To Prepare An Amended And Restated Urban Renewal Plan Version 2025.2 For The Dubuque Industrial Center Economic Development District, Se tting A Date For The Public Hearing, And Directing The Consultation Process On The Proposed Amended And Restated Urban Renewal Plan Version 2025.2 For Said District was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on March 17, 2025 in the Historic Federal Building. RESOLUTION NO. 60-25 AUTHORIZING AND DIRECTING THE CITY MANAGER TO PREPARE AN AMENDED AND RESTATED URBAN RENEWAL PLAN VERSION 2025.2 FOR THE DUBUQUE INDUSTRIAL CENTER ECONOMIC DEVELOPMENT DISTRICT, SETTING A DATE FOR THE PUBLIC HEARING, AND DIRECTING THE CONSULTATION PROCESS ON THE PROPOSED AMENDED AND RESTATED URBAN RENEWAL PLAN VERSION 2025.2 FOR SAID DISTRICT Whereas, the City Council of the City of Dubuque has heretofore approved the Amended and Restated Urban Renewal Plan (the “Plan” or “Urban Renewal Plan”) for the Dubuque Industrial Center Economic Development District (the “District”) in order to provide redevelopment opportunities which will further the purposes and objectives of the foregoing Urban Renewal Plan; and Whereas, City staff has recommended that the Plan be further amended to expand the District by including a new Subarea W, as shown in the Amended and Restated Urban Renewal Plan, Version 2025.2 for the Dubuque Industrial Center Economic Development District; and Whereas, Iowa Code Chapter 403 requires that before a Plan may be modified, the City Council must follow the notification, consultation, and public hearing process set forth therein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Manager is authorized and directed to prepare an Amended and Restated Urban Renewal Plan Version 2025.2 for the Dubuque Industrial Center Economic Development District to include in such Plan any appropriate project activities and details, and to determine an appropriate date for and conduct the consultation pro- cess required by law with affected taxing entities concerning the proposed amendment. Section 2. That the City Council hold a public hearing on the adoption of the proposed Amended and Restated Urban Renewal Plan Version 2025.2 for the Dubuque Industrial 20 Center Economic Development District on March 17, 2025, at 6:30 p.m. in the form at- tached hereto. The notice of said hearing shall generally identify the areas covered by the Plan Version 2025.2 and the general scope of the urban renewal activities planned for such areas and said notice shall be published in a newspaper having general circulation within the City not less than four days nor more than twenty days before the date of said meeting. A copy of the notice of public hearing shall be sent by ordinary mail to the af- fected taxing entities. Section 3. That the Economic Development Department is further directed to send by ordinary mail a copy of said Plan Version 2025.2, the notice of public hearing, a notice of consultation, and, to the extent the Plan Version 2025.2 includes the use of tax increment revenues for a public building, an analysis of alternative development and funding options for such public buildings, to the Dubuque Community School District and the Dubuque County Board of Supervisors, as the affected taxing entities. Passed, approved and adopted this 17th day of February 2025. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 7. Setting a Public Hearing for the adoption of the Public Housing Authority 5 - Year Plan 2025-2029: Upon motion the documents were received and filed and Resolution No. 61-25 Setting A Public Hearing To Review And Approve The Public Housing Authority 5 - Year Plan 2025-2029 was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on April 7, 2025 in the Historic Federal Building. RESOLUTION NO. 61-25 SETTING A PUBLIC HEARING TO REVIEW AND APPROVE THE PUBLIC HOUSING AUTHORITY 5-YEAR PLAN 2025-2029 Whereas, the City of Dubuque is designated as a Public Housing Authority; and Whereas, the City of Dubuque maintains and creates a Public Housing Authority 5 - Year Plan once every 5th PHA fiscal year; and Whereas, the Housing Commission will hold a public meeting to review the Annual Plan on April 1, 2025; and Whereas, the City desires to hold a public hearing to receive comments on and adopt the proposed Public Housing Authority 5-Year Plan. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council will meet in the Historic Federal Building, Council Chambers, 2nd Floor, 350 West 6th Street, Dubuque, Iowa at 6:30 p.m. on April 7, 2025, for the purpose of holding a public hearing and taking action to approve the Public Hous- ing Authority 5-Year Plan 2025-2029. 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 approve the Public Hous- ing Authority 5-Year Plan 2025-2029. Passed, approved and adopted this 17th day of February 2025. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 21 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. 1. Catfish Creek Watershed Management Authority: One, 4-Year term through July 16, 2028 (Vacant term of Drahozal). Applicant: Rachel Boeke, 1241 Jackson St. Breitfelder stated that Boeke submitted written input. 2. Civic Center Advisory Commission: One, 3-Year term through June 29, 2027 (Va- cant term of Jacobs). Two, 3-Year terms through June 29, 2025 (Vacant terms of Bakke and Christner) Applicants: Ashley Regan, 1100 N Booth St.; Alan Schumacher, 3035 Bur- lington St.; Sara Tandy, 2307 Martin Dr. Breitfelder stated that Tandy submitted written input. 3. Historic Preservation Commission: One, 3-Year Langworthy District term through July 1, 2026 (Vacant term of Dement). One, interim term due to vacancies of the Old Main District, Cathedral District and the Langworthy District terms. Applicants: Cole Hanson, 408 Burch St. (Qualifies for Interim); Sandy Hockenberry, 1015 West 3rd St. (Qualifies for Langworthy District); Adam Schwendinger, 570 West 11th St. (Qualifies for Interim). Schwendinger spoke in support of his application. Appointments were made to the following boards/commissions. 1. Airport Commission: One, 4-Year term through September 14, 2028 (Vacant term of Clemenson). Applicants: Bob Woodward, 1048 Bonnie Ct.; Ron Vaugh, 2973 Castle Woods Ln. (Additional Applicant). Upon roll call vote, Woodward was appointed to the term, receiving all 7 votes. 2. Cable Television Commission: One, 3-Year term through July 1, 2027 (Vacant term of Baumhover). Applicant: Tom Eckermann, 642 N Burden Ave. Motion by Roussell to appoint Eckermann to the term. Seconded by Wethal. Motion carried 7 -0. 3. Community Development Advisory Commission: One, 3-Year term through Febru- ary 15, 2026 (Vacant Low/Moderate Income Rep. term of Fox) and One, 3-Year term through February 15, 2028 (Expiring At-Large term of Hinke). Applicants: Talma Brown, 2004 Windsor Ave. (Qualifies for At-Large and Low to Moderate Income Area Repre- sentative) and Michelle Hinke, 973 Patricia Ann Dr. (Qualifies for At -Large). Motion by Jones to appoint Brown to the Low/Moderate Income Rep. term and Hinke to the At-Large term. Seconded by Farber. Motion carried 7-0. 4. Equity and Human Rights Commission: One 3-Year term through January 1, 2028 (Expired term of Jolet). Applicants: Talma Brown, 2004 Windsor Ave.; Maitha Jolet, 1911 Johnson St. (Additional Applicant); Traci Phillipson, 2120 Rhomberg Ave. Upon roll call 22 vote, Phillipson was appointed to the term. Jolet received 3 votes (Cavanagh, Jones, Wethal), and Phillipson received the remaining 4 votes. 5. Investment and Cash Management Oversight Advisory Commission : One, 3-Year term through July 1, 2027 (Vacant term of Heim). Applicant: Lucian Paucean, 3145 Arbor Oaks Dr. Motion by Jones to appoint Paucean to the term. Seconded by Wethal. Motion carried 7-0. 6. Long Range Planning Advisory Commission: One, 3-Year term through July 1, 2025 (Vacant term of Gross). Applicant: Jason Davis, 3363 Kimberly Dr. Motion by Roussell to appoint Davis to the term. Seconded by Wethal. Motion carried 7-0. 7. Transit Advisory Board: One, 3-Year term through July 30, 2026 (Vacant term of Heidenreich). Applicant: Talma Brown, 2004 Windsor Ave. Motion by Jones to appoint Brown to the term. Seconded by Resnick. Motion carried 7-0. PUBLIC HEARINGS 1. Request to Rezone Property on Harrison Street: Motion by Jones to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Farber. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 2 -25 Amending Title 16 Of The City Of Dubuque Code Of Ordinances, Unified Development Code, By Reclassifying Hereinafter Described Property Located At Harrison Street (PIN 1025478010) From CS Commercial Service And Wholesale District To C-3 General Com- mercial District. Seconded by Farber. Motion carried 7-0. ORDINANCE NO. 2-25 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI- FIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT HARRISON STREET (PIN 1025478010) FROM CS COM- MERCIAL SERVICE AND WHOLESALE DISTRICT TO C-3 GENERAL COMMERCIAL DISTRICT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Develop- ment Code, is hereby amended by reclassifying the hereinafter–described property from CS Commercial Service and Wholesale District to C-3 General Commercial District, to wit: Lot 1 of Harrison Street Place No. 2, and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. That the foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This Ordinance shall take effect immediately upon publication as provided by law. 23 Passed, approved and adopted this 17th day of February, 2025. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 2. Request to Rezone Property on Cedar Cross Road: Motion by Jones to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Farber. Applicant Joey Callahan, of Callahan Con- struction, spoke about plans to construct apartments on the property. Breitfelder stated that Bob and Karen Knepper, 3536 Lunar Dr., submitted written input. Planning Services Director Wally Wernimont provided an overview of the planned apartment amenities, nearby infrastructure improvements, and discussions with transportation services regard- ing potential bus stop locations. In response to the question, Callahan stated that the apartments will be three stories tall, with each story measuring 10 to 11 feet, and will feature parking garages on the front side facing the parking lot. City Council Members expressed support for the proposal and were pleased to see interest in development along Cedar Cross Road. When asked about long-term infrastructure improvements to the road, Van Milligen noted that it would eventually be included in the five -year Capital Improvement Plan (CIP) but was uncertain of the timeline. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 3 -25 Amending Title 16 Of the Unified Development Code of The City of Dubuque Code of Ordinances by Reclassifying Hereinafter Described Property From C-3 General Commercial to PUD Planned Unit Development District with PR Planned Residential Designation and Adopt- ing a Conceptual Development Plan. Seconded by Farber. Motion carried 7-0. ORDINANCE NO. 3-25 AMENDING TITLE 16 OF THE UNIFIED DEVELOPMENT CODE OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DE- SCRIBED PROPERTY FROM C-3 GENERAL COMMERCIAL TO PUD PLANNED UNIT DEVELOPMENT DISTRICT WITH PR PLANNED RESIDENTIAL DESIGNATION AND ADOPTING A CONCEPTUAL DEVELOPMENT PLAN NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the Unified Development Code of the City of Dubuque Code of Ordinances is hereby amended by reclassifying the hereinafter -described property from C-3 General Commercial to PUD Planned Unit Development District with a PR Planned Residential District designation, and adopting a conceptual development plan, a copy of which is attached to and made a part hereof, is hereby adopted and approved for the following described property, to wit: Lot 2 of Lot 2 of Mineral Lot 230, Lot 1 of Lot 3 of Mineral Lot 232, and Lot 2 of Merfeld Acres, all in the City of Dubuque, Iowa, according to the respective recorded Plats there. A. Use Regulations - The following regulations shall apply to all uses made of land in the above-described PR Planned Residential District: 1. Principal permitted uses shall be limited to six (6) three-story multi-family resi- dential buildings totaling 180 units. 24 2. A club house. 3. Accessory uses shall include any use customarily incidental and subordinate to the principal use it serves. B. Lot and Bulk Regulations - Development of land in the PR Planned Residential District shall be regulated as follows: 1. Buildings setbacks shall be located in substantial conformance with the ap- proved conceptual development plan. 2. Maximum building height of 50 feet shall be allowed in this Planned Residential District. 3. Unless otherwise indicated, the development of the property in this Planned Residential District shall be regulated by Section 16 -5-5 of the Unified Develop- ment Code, R-4 Multi-Family Residential District. C. Performance Standards - The development and maintenance of uses in this PR Planned Residential District shall be regulated as follows: 1. Parking Regulations a. Off-street parking shall be a minimum of 1.5 spaces per unit. b. All vehicle-related features shall be surfaced with either asphalt or concrete. c. Curbing and proper surface drainage of storm water shall be provided. d. All parking and loading spaces shall be delineated on the surfacing material by painted stripes or other permanent means. e. The size and design of parking spaces shall be governed by applicable provi- sions of the Unified Development Code Section 13-3 Site Development Regu- lations. The location and quantity of parking spaces shall be governed by the Conceptual Development Plan. f. The number, size, design, and location of parking spaces designated for per- sons with disabilities shall be according to the local, state, or federal require- ments in effect at the time of development. 2. Site Lighting a. Exterior illumination of site features shall be limited to the illumination of the following: i. Parking areas, driveways, and loading facilities. ii. Pedestrian walkway surfaces and entrances to building. iii. Building exterior. b. Location and Design i. No light source shall provide illumination onto adjacent lots, buildings, or streets in excess of 1.0-foot candle. ii. All exterior lighting luminaries shall be designed and installed to shield light from the luminaries at angles above 72-degrees from vertical. iii. Fixtures mounted on a building shall not be positioned higher than the roofline of the building. iv. All electrical service lines to posts and fixtures shall be underground and concealed inside the posts. 3. Landscaping - Landscaping shall be provided in compliance with Section 13-4 Landscaping and Screening Requirements of the Unified Development Code. 4. Storm Water Management - The developer shall be responsible for providing surface or subsurface conveyance(s) of storm water from the lot to existing storm 25 sewers or to flow line of open drainageways outside the lot in a means that is satisfactory to the Engineering Department of the City of Dubuque. Other appli- cable regulations enforced by the City of Dubuque relative to storm water man- agement and drainage shall apply. 5. Exterior Trash Collection Areas a. The storage of trash and debris shall be limited to that produced by the principal permitted use and accessory uses on the lot. b. All exterior trash collection areas and the material contained therein shall be visually screened from view. The screening shall be completely opaque fence, wall, or other feature not exceeding a height of 10 feet measured from the ground level outside the line of the screen. Screens built on sloping grades shall be stepped so that their top line shall be horizontal. Exposed materials used to construct the opaque screen shall be similar in appearance to materials used for exterior building walls. All exterior entrances to a screened trash area shall be provided with a gate or door of similar design to that of the screen. If a 10 - foot height screen fails to shield the exterior trash collection area from view from the adjacent public right-of-way and neighboring properties, evergreen plantings may be required in addition to the screening. Evergreen plant material shall be selected and designed so that they screen the area from all off -site visibility within five (5) years. 6. Open Space - Open space and landscaping in the PR Planned Residential Dis- trict shall be regulated as follows. Those areas not designated on the conceptual development plan shall be maintained as open space, as defined Article 13 of the Unified Development Code of the City of Dubuque, Iowa, by the property owner and/or association. 7. Platting - Subdivision plats and improvement plans shall be submitted in accord- ance with Article 11 Land Subdivision, of the City of Dubuque Unified Develop- ment Code. 8. Site Plans - Final site development plans shall be submitted in accordance with Article 12 Site Plans and Article 13 Site Design Standards prior to construction of each building and vehicle-related feature unless otherwise exempted by Article 12. D. Sign Regulations 1. Signs in the Planned Residential District shall be regulated in accordance with the R-4 Multi-Family Residential Zoning District sign regulations, Section 16 -15- 11.1 of the Unified Development Code. 2. Variance requests from sign requirements for size, number, and height shall be reviewed by the Zoning Board of Adjustment in accordance with Section 16 -8-6 of the Unified Development Code. E. Other Codes and Regulations 1. Service Lines. All electric, telephone, cable, or other similar utility lines serving the building and other site features shall be located underground. 2. The use of semi-trailers and shipping containers for storage is prohibited. 3. These regulations do not relieve the owner from other applicable city, county, state, or federal codes, regulations, laws, and other controls relative to the 26 planning, construction, operation and management of property within the City of Dubuque. F. Transfer of Ownership - Transfer of ownership or lease of property in this PR Planned Residential District shall include the transfer or lease agreement a provi- sion that the purchaser or lessee acknowledges awareness of the conditions au- thorizing the establishment of the district. G. Modifications - Any modifications of this Ordinance must be approved by the City Council in accordance with zoning reclassification proceedings of Article 9 -5 of the Unified Development Code. H. Occupancy Permits - No occupancy permit shall be issued by the City of Dubu- que for property included in the subject planned unit development district until full compliance with this ordinance has been achieved. I. Recording - A copy of this ordinance shall be recorded at the expense of the prop- erty owner(s) with the Dubuque County Recorder a permanent record of the con- ditions accepted as part of this reclassification approval within thirty (30) days after the adoption of this ordinance. This ordinance shall be binding upon the under- signed and his/her heirs, successors, and assigns. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Ad- visory Commission of the City of Dubuque, Iowa. Section 3. The foregoing amendment shall take effect upon publication, as provided by law. Passed, approved, and adopted this 17th day of February 2025. Brad M. Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk 3. Southgate Drive Sanitary Sewer Improvements Project: Motion by Roussell to re- ceive and file the documents and adopt Resolution No. 62-25 Approval of Plans, Specifi- cations, Form of Contract, And Estimated Cost for The Southgate Drive Sanitary Sewer Improvement Project. Seconded by Wethal. Motion carried 7 -0. RESOLUTION NO. 62-25 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTI- MATED COST FOR THE SOUTHGATE DRIVE SANITARY SEWER IMPROVEMENT PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the attached plans, specifications, form of contract and estimate of total cost for the Southgate Drive Sanitary Sewer Improvement Project in the estimated amount $193,600.00, are hereby approved. Passed, approved, and adopted this 17th day of February 2025. Brad M. Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk 4. Fuel Island Rehabilitation Project - Public Hearing - Project No. 5429900018: Motion by Jones to receive and file the documents and adopt Resolution No. 63 -25 Approval of Plans, Specifications, Form of Contract, And Estimated Cost for The Fuel Island 27 Rehabilitation. Seconded by Wethal. Van Milligen stated that the city saves a substantial amount by using its own fuel rather than purchasing from private vendors . Public Works Director Arielle Swift explained that, based on estimated cost savings, the project would pay for itself within 12 years and is projected to have a 40-year lifespan. City Council Members voiced their support for the project, highlighting the importance of maintaining a dedicated fuel supply for the City’s fleet. They also thanked city staff for finding a work- around to keep fuel island operations running after the kiosk malfunctioned. Motion car- ried 7-0. RESOLUTION NO. 63-25 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTI- MATED COST FOR THE FUEL ISLAND REHABILITATION NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the attached plans, specifications, form of contract and estimate of total cost for the Fuel Island Rehabilitation Project in the estimated amount $1,355,888.00, are hereby approved. Passed, approved, and adopted this 17th day of February 2025. Brad M. Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk 5. Planned Unit Development Amendment for Estates of Dubuque: 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 Wethal. Matt Barnd, attorney for Estates of Dubuque, explained that the property, acquired from a bankrupt developer, is currently a cooperative with all homes owned by a single entity. To allow individual owners to obtain deeds and sell unsold homes, the project must be reclassified as a subdivision. Mariann Groom, 16683 Clay Hill Rd., voiced concerns about damage caused by two ne- glected catch basins. In response to a question, Brumwell stated that the city had a De- velopment Agreement (DA) with the original developer, which included housing tax incre- ment financing (TIF). However, when this portion of the development was sold, it was separated from the TIF, and a new DA was not established. Van Milligen stated that under Das for single-family housing developments, the city rebates incremental taxes paid by the developer beyond the original land value and requires utility bonds for all projects. City Engineer Gus Psihoyos added that these bonds must cover 110% of the estimated project costs. Van Milligen stated that, as this was a private development, the city had no means of intervention to prevent the issues, also noting that other communities had faced similar challenges with the same developer. He stated that the city would review the catch basins under its responsibility. Wernimont provided an overview of the structure and role of a Homeowners Association (HOA). City Council Members expressed support for the amendment and commended the property owners for working toward a solution. Motion carried 7-0. Motion by Roussell for final consideration and passage of Ordinance No. 4-25 Amend- ing Title 16 Of The Unified Development Code Of The City Of Dubuque Code Of Ordi- nances By Rescinding Ordinance 28-21 And Adopting A PUD Planned Unit Development 28 With A PR Planned Residential District Designation And Conceptual Development Plan For Estates Of Dubuque Development. Seconded by Wethal. Motion carried 7 -0. ORDINANCE NO. 4-25 AMENDING TITLE 16 OF THE UNIFIED DEVELOPMENT CODE OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RESCINDING ORDINANCE 28-21 AND ADOPTING A PUD PLANNED UNIT DEVELOPMENT WITH A PR PLANNED RESI- DENTIAL DISTRICT DESIGNATION AND CONCEPTUAL DEVELOPMENT PLAN FOR ESTATES OF DUBUQUE DEVELOPMENT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the Unified Development Code of the City of Dubuque Code of Ordinances is hereby amended by reclassifying the hereinafter -described property from PUD with a PR Planned Residential District designation to PUD Planned Unit De- velopment District with a PR Planned Residential District designation, and adopting a conceptual development plan, a copy of which is attached to and made a part hereof, is hereby adopted and approved for the following described property, to wit: Lot 1, Lot 2, Lot A, Lot B, and Lot C of Vintage Estates and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. That in order to accomplish the purposes of this Planned Unit Development district, the above-described property is subject to the following conditions and re- strictions: A. Use Regulations. - The following regulations shall apply to all uses made of land in the above-described PR Planned Residential District: 1. Principal permitted uses shall be limited to the following: a. A maximum of thirty-five single-family homes b. One communal club house c. One surface parking lot 2. Conditional use shall be regulated by Section 16-5-22.2 of the Unified Develop- ment Code of the City of Dubuque, Iowa. 3. Accessory uses shall include any use customarily incidental and subordinate to the principal use it serves. B. Lot and Bulk Regulations - Development of land in the PR Planned Residential District shall be regulated as follows: Vintage Estates of Dubuque Min. Lot Area Min. Frontage Max. Lot Cover- age Setbacks Max. Height Front Min. Side Min. Rear Min. Max. Permitted uses: Single-family detached dwell- ing 5,000 sq. ft. 38 ft. 50% 15 ft. 50 ft. 6 ft. 15 ft. 30 ft. Club House 10,000 sq. ft. 50 ft. 40% 15 ft. 50 ft. 6 ft. 15 ft. 30 ft. 1. Variance and Special Exception requests from bulk regulations shall be reviewed by the Zoning Board of Adjustment in accordance with Section 16 -8-6 of the 29 Unified Development Code. C. Performance Standards - The development and maintenance of uses in this PR Planned Residential district shall be regulated as follows: 1. Parking Regulations - The off-street parking requirement for the principal permit- ted uses for the herein described Planned Residential District shall be regulated as follows: a. All vehicle-related features shall be surfaced with either asphalt or concrete. b. Curbing and proper surface drainage of storm water shall be provided. c. All parking and loading spaces shall be delineated on the surface material by painted stripes or other permanent means. d. A minimum of two (2) off-street parking spaces shall be provided for each single- family residential home. e. Parking for the club house shall be provided based on the approved conceptual plan. f. The size and design of parking spaces shall be governed by applicable provi- sions of the Unified Development Code Section 13-3 Site Development Regula- tions. g. The number, size, design, and location of parking spaces designated for per- sons with disabilities shall be according to the local, state, or federal requirements in effect at the time of development. h. Any significant expansion or reduction in the number of off-street parking spaces must be reviewed by Planning Services staff for compliance with the adopted PR Planned Residential District. 2. Clubhouse and Parking Lot Lighting a. Exterior illumination of site features shall be limited to the illumination of the following: i. Parking areas, driveways, and loading facilities. ii. Pedestrian walkway surfaces and entrances to building. iii. Building exterior. b. Location and Design i. No light source shall provide illumination onto adjacent lots, buildings, or streets in excess of 1.0-foot candle. ii. All exterior lighting luminaries shall be designed and installed to shield light from the luminaries at angles above 72-degrees from vertical. iii. Fixtures mounted on a building shall not be positioned higher than the roofline of the building. iv. All electrical service lines to posts and fixtures shall be underground and con- cealed inside the posts. 3. Landscaping - Landscaping shall be provided in compliance with Section 16 -13- 4 Landscaping and Screening Requirements of the Unified Development Code. 4. Storm Water Management a. The owner shall be responsible for providing surface or subsurface convey- ance(s) of storm water from the lot to existing storm sewers or to flow line of open drainageways outside the lot in a means that is satisfactory to the Engineering Department of the City of Dubuque. Other applicable regulations enforced by the City of Dubuque relative to storm water management and drainage shall apply. 30 5. Open Space - Open space and landscaping in the PR Planned Residential District shall be regulated as follows. Those areas not designated on the conceptual de- velopment plan shall be maintained as open space, as defined Chapter 13 of the Unified Development Code of the City of Dubuque, Iowa, by the property owner and/or association. 6. Platting - Subdivision plats and improvement plans shall be submitted in accord- ance with Chapter 11 Land Subdivision, of the City of Dubuque Unified Develop- ment Code. 7. Sign Regulations a. Signs in the Planned Residential District shall be regulated in accordance with the R-1 Single-Family Residential Zoning District sign regulations, Section 16- 15-11.1 of the Unified Development Code. b. Clubhouse signage limited to one 32 square feet freestanding or wall mounted sign. c. Variance requests from sign requirements for size, number, and height shall be reviewed by the Zoning Board of Adjustment in accordance with Section 16- 8-6 of the Unified Development Code. 8. Exterior Trash Collection Areas for Club House and Parking Lot a. The storage of trash and debris shall be limited to that produced by the principal permitted use and accessory uses on the lot. b. All exterior trash collection areas and the material contained therein shall be visually screened from view. The screening shall be completely opaque fence, wall, or other feature not exceeding a height of 10 feet measured from the ground level outside the line of the screen. Screens built on sloping grades shall be stepped so that their top line shall be horizontal. Exposed materials used to construct the opaque screen shall be similar in appearance to materials used for exterior building walls. All exterior entrances to a screened trash area shall be provided with a gate or door of similar design to that of the screen. If a 10 - foot height screen fails to shield the exterior trash collection area from view from the adjacent public right-of-way and neighboring properties, evergreen plantings may be required in addition to the screening. Evergreen plant material shall be selected and designed so that they screen the area from all off -site visibility within five (5) years. 9. Unless otherwise indicated, the development of the property in this Planned Residential District shall be regulated by Section 16 -5-2 of the Unified Develop- ment Code, R-1 Single-Family Residential District. 10. Conceptual Development Plan - The following attachments shall regulate the subdivision development: a. Exhibit A – Subdivision Plat Exhibit b. Exhibit B – Conceptual Design Plan F. Ordinance History 1. Ordinance 13-17: rezoned the subject property from County AG Agricultural to City R-1 Single-Family Residential district in conjunction with annexation. 2. Ord. 28-21: Establishment of a Planned Unit Development for Vintage Estates development. G. Transfer of Ownership - Transfer of ownership or lease of property in this PR 31 Planned Residential District shall include the transfer or lease agreement a provi- sion that the purchaser or lessee acknowledges awareness of the conditions au- thorizing the establishment of the district. H. Modifications - Any modifications of this Ordinance must be approved by the City Council in accordance with zoning reclassification proceedings of Section 16-9-5 of the Unified Development Code. Section 3. The foregoing amendment has heretofore been reviewed by the Zoning Ad- visory Commission of the City of Dubuque, Iowa. Section 4. The foregoing amendment shall take effect upon publication, as provided by law. Passed, approved, and adopted this 17th day of February 2025. Brad M. Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk PUBLIC INPUT Mariann Groom, 16683 Clay Hill Rd., asked how the property could be zoned within the city, yet the city was not involved when the developer declared bankruptcy. Justin Lau of Buesing and Associates, 1212 Locust St., stated that the firm serves as the surveyor and engineer for Estates of Dubuque. He explained that their calculations on the detention pond revealed significant settlement due to the incomplete develop ment and that they have discussed potential solutions with the HOA to address the issue. ACTION ITEMS 1. Final Plat of Vintage Estates No. 2: Motion by Jones to receive and file the docu- ments and adopt Resolution No. 64-25 Approving The Final Plat Of Vintage Estates No. 2, In The City Of Dubuque, Iowa. Seconded by Resnick. In response to a question re- garding Conlon Construction Co.’s mechanics lien on the property, Brumwell stated that subdivision plats are governed by Chapter 354 of the Iowa Code. Before recording the plat with the county, written consent from lienholders must be obtained. Therefore, the mechanism for withholding the plat originates with the county recorder. Motion carried 7 - 0. RESOLUTION NO. 64-25 APPROVING THE FINAL PLAT OF VINTAGE ESTATES NO. 2, IN THE CITY OF DUBUQUE, IOWA Whereas, there has been filed with the City Clerk a Final Plat of Vintage Estates No. 2 in the City of Dubuque, Iowa; and Whereas, upon said Final Plat appear private streets to be known as Lasso Court (Lot A), Vintage Lane (Lot B), and Ewing Drive (Lot C), which the owner by said Final Plat as agreed to own, construct, and maintain forever; and Whereas, said Final Plat has been examined by the Zoning Advisory Commission and its approval has been endorsed thereon; and Whereas, said Final Plat has been examined by the City Council and they find that it conforms to the statues and ordinances relating thereto. 32 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the private streets of Lasso Court (Lot A), Vintage Lane (Lot B), and Ewing Drive (Lot C) as they appear on said Final Plat, be and the same are hereby ap- proved; and Section 2. That the Final Plat of Vintage Estates No. 2, in the City of Dubuque, Iowa is hereby approved, and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said Plat of Survey. Passed, approved and adopted this 17th day of February 2025. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 2. Proceedings to Complete Action on Issuance of $6,420,000 Tax -Exempt General Obligation Bonds, Series 2025A, $8,370,000 Taxable General Obligation Bonds, Series 2025B, and $8,945,000 Taxable General Obligation Urban Renewal Bonds, Series 2025C: Motion by Farber to receive and file the documents and adopt Resolution No. 65 - 25 Authorizing and approving a Loan Agreement, providing for the issuance of $6,420,000 General Obligation Corporate Purpose Bonds, Series 2025A, and providing for the levy of taxes to pay the same; Resolution No. 66-25 Authorizing and approving a Loan Agreement, providing for the issuance of $8,370,000 Taxable General Obligation Corporate Purpose Bonds, Series 2025B, and providing for the levy of taxes to pay the same; and Resolution No. 67-25 Authorizing and approving a Loan Agreement, providing for the issuance of $8,945,000 Taxable General Obligation Urban Renewal Bonds, Series 2025C, and providing for the levy of taxes to pay the same. Seconded by Wethal. City Council Members stated that the city is fortunate to have competitive rates for the bonds. City Manager Van Milligen confirmed that bond counsel was aware of this information when they presented to City Council at the February 3, 2025 City Council meeting . Motion carried 7-0. RESOLUTION NO. 65-25 RESOLUTION AUTHORIZING AND APPROVING A LOAN AGREEMENT, PROVIDING FOR THE ISSUANCE OF $6,420,000 GENERAL OBLIGATION CORPORATE PUR- POSE BONDS, SERIES 2025A, AND PROVIDING FOR THE LEVY OF TAXES TO PAY THE SAME Whereas, the City of Dubuque (the “City”), in Dubuque County, State of Iowa, hereto- fore proposed to enter into a loan agreement (the “Essential Purpose Loan Agreement”) pursuant to the provisions of Section 384.24A of the Code of Iowa and to borrow money thereunder in a principal amount not to exceed $6,190,000 for the purpose of paying the costs, to that extent, of (a) acquiring ambulances, fire protection vehicles, a fire protection boat, EMS equipment and fire safety radios and equipment; (b) acquiring solid wa ste collection vehicles and equipment; (c) undertaking improvements to the municipal airport; and (d) undertaking demolition/deconstruction of a dangerous and dilapidated property (the “Essential Purpose Projects”), and pursuant to law and a notice duly published, the City Council has held a public hearing on such proposal on January 6, 2025; and Whereas, the City also proposed to enter into a loan agreement (the “Exterior and Office Renovations Loan Agreement”), pursuant to the provisions of Section 384.24A of 33 the Code of Iowa, and to borrow money thereunder in a principal amount not to exceed $890,000 for the purpose of paying the costs, to that extent, of (a) acquiring and installing fire station generators; (b) undertaking fire station roof replacement and re pairs; (c) un- dertaking fire station tuck pointing and related exterior repairs; and (d) undertaking fire department administrative office renovations (the “Exterior and Office Renovations Pro- jects”), and in lieu of calling an election upon such proposal, h as published notice of the proposed action, including notice of the right to petition for an election, and has held a hearing thereon, and as of January 6, 2025, no petition had been filed with the City asking that the question of entering into the Exterior and Office Renovations Loan Agreement be submitted to the registered voters of the City; and Whereas, the City also proposed to enter into a loan agreement (the “Bunk Room and Systems Improvements Loan Agreement”), pursuant to the provisions of Section 384.24A of the Code of Iowa, and to borrow money thereunder in a principal amount not to exceed $910,000 for the purpose of paying the costs, to that extent, of (a) undertaking fire station bunk room renovations; (b) undertaking fire station mechanical and electrical systems improvements; and (c) undertaking fire station HVAC replacement (the “Bunk Room and Systems Improvements Projects”), and in lieu of calling an election upon such proposal, has published notice of the proposed action, including notice of the right to petition for an election, and has held a hearing thereon, and as of January 6, 2025, no petition had been filed with the City asking that the question of entering into the Bunk Room and Systems Improvements Loan Agreement be submitted to the registered voters of the City; and Whereas, the City also proposed to enter into a loan agreement (the “Fire Station Im- provements Loan Agreement,” and together with the Exterior and Office Renovations Loan Agreement and the Bunk Room and Systems Improvements Loan Agreement, the “General Purpose Loan Agreements”), pursuant to the provisions of Section 384.24A of the Code of Iowa, and to borrow money thereunder in a principal amount not to exceed $910,000 for the purpose of paying the costs, to that extent, of (a) undertaking fire station facilities improvements; and (b) undertaking improvements to the fire department burn tower training facility (the “Fire Station Improvements Projects,” and together with the Exterior and Office Renovations Projects and the Bunk Room and Systems Improve- ments Projects, the “General Purpose Projects”), and in lieu of calling an election upon such proposal, has published notice of the proposed action, including notice of the right to petition for an election, and has held a hearing thereon, and as of January 6, 2025, no petition had been filed with the City asking that the question of entering into the Fire Sta- tion Improvements Loan Agreement be submitted to the registered voters of the City; and Whereas, the City also proposes to enter into a loan agreement (the “Ice Arena Loan Agreement”), pursuant to the provisions of Section 384.24A and 384.24.3(q) of the Code of Iowa, and to borrow money thereunder in a principal amount not to exceed $1,185,000 for the purpose of undertaking the Ice Arena Dehumidification Project, an authorized ur- ban renewal project of the City in the Greater Downtown Urban Renewal Area approved by action of the City Council on December 16, 2024, and in lieu of calling an election upon such proposal, has published notice of the proposed action, including notice of the right to petition for an election, and has held a hearing thereon, and as of January 6, 2025, no petition had been filed with the City asking that the question of entering into the Ice Arena Loan Agreement be submitted to the registered voters of the City; and 34 Whereas, the City also proposed to enter into a loan agreement (the “Parking System Loan Agreement”), pursuant to the provisions of Section 384.24A and 384.24.3(q) of the Code of Iowa, and to borrow money thereunder in a principal amount not to exceed $4,045,000 for the purpose of undertaking the Smart Parking System Enhancement Pro- ject and the Parking Ramp Major Maintenance Project, authorized urban renewal projects of the City in the Greater Downtown Urban Renewal Area approved by action of the City Council on December 16, 2024 (the “Parking System Projects”), and in lieu of calling an election upon such proposal, has published notice of the proposed action, including notice of the right to petition for an election, and has held a hearing thereon, and as o f January 6, 2025, no petition had been filed with the City asking that the question of entering into the Parking System Loan Agreement be submitted to the registered voters of the City; and Whereas, the City also proposed to enter into a loan agreement (the “Federal Building Loan Agreement” and together with Ice Arena Loan Agreement and the Parking System Loan Agreement, the “Urban Renewal Loan Agreements”), pursuant to the provisions of Section 384.24A and 384.24.3(q) of the Code of Iowa, and to borrow money thereunder in a principal amount not to exceed $870,000 for the purpose of undertaking the Federal Building Renovation Project and the Central Avenue Streetscape Improvements Project, authorized urban renewal projects of the City in the Greater Downtown Urban Renewal Area approved by action of the City Council on December 16, 2024 (the “Federal Building Projects”, referred to together with the Ice Arena Dehumidification Project and the Parking System Projects as the “Urban Renewal Projects,” and such and such Urban Renewal Projects referred to together with the Essential Purpose Projects and the General Pur- pose Projects as the “Projects”), and in lieu of calling an election upon such proposal, has published notice of the proposed action, including notice of the right to petition for an election, and has held a hearing thereon, and as of January 6, 2025, no petition had been filed with the City asking that the question of entering into the Federal Building Loan Agreement be submitted to the registered voters of the City; and Whereas, pursuant to the provisions of Section 384.28 of the Code of Iowa, the City combined its authority under the Urban Renewal Loan Agreements, the Essential Pur- pose Loan Agreement and the General Purpose Loan Agreements into a single loan agreement (the “Loan Agreement”); and Whereas, the City has determined to split its authority under the Loan Agreement and to enter into a tax-exempt loan agreement (the “Tax Exempt Series 2025A Loan Agree- ment”) and a taxable loan agreement (the “Taxable Series 2025B Loan Agreement”); and Whereas, the City intends to issue General Obligation Corporate Purpose Bonds, Se- ries 2025A (the “Tax-Exempt Series 2025A Bonds”) in evidence of its obligations under the Tax-Exempt Series 2025A Loan Agreement; and Whereas, a Preliminary Official Statement (the “P.O.S.”) has been prepared by Dorsey & Whitney LLP (the “Disclosure Counsel”) as bond and disclosure counsel to the City to facilitate the sale of the Tax-Exempt Series 2025A Bonds and Taxable General Obligation Corporate Purpose Bonds, Series 2025B, such bonds to be issued in evidence of the obligation of the City under the Taxable Series 2025B Loan Agreement, and the City has made provision for the approval of the P.O.S. and has authorized its use by Indepen dent Public Advisors, LLC, as municipal advisor to the City; and 35 Whereas, pursuant to advertisement of sale, bids for the purchase of the Tax-Exempt Series 2025A Bonds to be issued in evidence of the City’s obligation under the Tax-Ex- empt Series 2025A Loan Agreement were received and canvassed on behalf of the City at the appointed time for the payment of costs of the Projects; and Whereas, upon final consideration of all bids, the bid of Robert W. Baird, Milwaukee, Wisconsin (the “Purchaser”), was the best, such bid proposing the lowest interest cost to the City; and Whereas, it is now necessary to make final provision for the approval of the Tax Ex- empt Series 2025A Loan Agreement and to authorize the issuance of the Tax -Exempt Series 2025A Bonds; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: Section 1. The City shall enter into the Tax-Exempt Series 2025A Loan Agreement with the Purchaser in substantially the form as has been placed on file with the City Coun- cil, providing for a loan to the City in the principal amount of $6,420,000 for the purposes set forth in the preamble hereof. The Mayor and City Clerk are hereby authorized and directed to sign the Tax-Exempt Series 2025A Loan Agreement on behalf of the City, and the Tax-Exempt Series 2025A Loan Agreement is hereby approved. Section 2. The bid of the Purchaser referred to in the preamble hereof is hereby ac- cepted, and the Tax-Exempt Series 2025A Bonds, in the aggregate principal amount of $6,420,000, are hereby authorized to be issued in evidence of the City’s obligations under the Tax-Exempt Series 2025A Loan Agreement. The Tax-Exempt Series 2025A Bonds shall be dated March 4, 2025, shall be issued in the denomination of $5,000 each or any integral multiple thereof and shall mature on June 1 in each of the years, in the respective principal amounts, and bearing interest at the respective rates as follows: Date Principal Interest Rate Date Principal Interest Rate 2026 $125,000 5.000% 2036 $355,000 5.000% 2027 $230,000 5.000% 2037 $370,000 5.000% 2028 $240,000 5.000% 2038 $390,000 4.000% 2029 $250,000 5.000% 2039 $405,000 4.000% 2030 $265,000 5.000% 2041 $420,000 4.000% 2031 $275,000 5.000% 2041 $440,000 4.000% 2032 $285,000 5.000% 2042 $450,000 4.000% 2033 $305,000 5.000% 2043 $470,000 4.000% 2034 $320,000 5.000% 2044 $490,000 4.000% 2035 $335,000 5.000% Section 3. UMB Bank, n.a., West Des Moines, Iowa, is hereby designated as the Reg- istrar and Paying Agent for the Tax-Exempt Series 2025A Bonds and may be hereinafter referred to as the “Registrar” or the “Paying Agent.” The City shall enter into an agreement (the “Registrar/Paying Agent Agreement”) with the Registrar, in substantially the form as has been placed on file with the Council; the Mayor and City Clerk are hereby authorized and directed to sign the Registrar/Paying Agent Agreement on behalf of the City; and the Registrar/Paying Agent Agreement is hereby approved. 36 The City reserves the right to optionally prepay part or all of the principal of the Tax - Exempt Series 2025A Bonds maturing in the years 2034 to 2044, inclusive, prior to and in any order of maturity on June 1, 2033, or on any date thereafter upon terms of par and accrued interest. If less than all of the Tax-Exempt Series 2025A Bonds of any like ma- turity are to be redeemed, the particular part of those Series 2025A Bonds to be redeemed shall be selected by the Registrar by lot. The Tax-Exempt Series 2025A Bonds may be called in part in one or more units of $5,000. If less than the entire principal amount of any Tax Exempt Series 2025A Bond in a denomination of more than $5,000 is to be redeemed, the Registrar will issue and deliver to the registered owner thereof, upon surrender of such original Tax Exempt Series 20 25A Bond, a new Tax Exempt Series 2025A Bond or Tax-Exempt Series 2025A Bonds, in any authorized denomination, in a total aggregate principal amount equal to the unredeemed balance of the original Tax Exempt Series 2025A Bond. Notice of such redemption as aforesaid identifying the Tax-Exempt Series 2025A Bond or Tax-Exempt Series 2025A Bonds (or portion thereof) to be redeemed shall be sent by electronic means or by certi- fied mail to the registered owners thereof at the addresses shown on the City’s registra- tion books not less than 30 days prior to such redemption date. Any notice of redemption may contain a statement that the redemption is conditioned upon the receipt by the Pay- ing Agent of funds on or before the date fixed for redemption sufficient to pay the redemp- tion price of the Tax-Exempt Series 2025A Bonds so called for redemption, and that if funds are not available, such redemption shall be cancelled by written notice to the own- ers of the Tax-Exempt Series 2025A Bonds called for redemption in the sa me manner as the original redemption notice was sent, such notice of cancellation to be made at least five days prior to the date fixed for redemption. All of such Tax-Exempt Series 2025A Bonds as to which the City reserves and exercises the right of redemption and as to which notice as aforesaid shall have been given and for the redemption of which funds are duly provided, shall cease to bear interest on the redemption date. Accrued interest on the Tax-Exempt Series 2025A Bonds shall be payable semiannu- ally on the first day of June and December in each year, commencing December 1, 2025. Interest shall be calculated on the basis of a 360 -day year comprised of twelve 30-day months. Payment of interest on the Tax-Exempt Series 2025A Bonds shall be made to the registered owners appearing on the registration books of the City at the close of busi- ness on the fifteenth day of the month next preceding the interest payment date and shal l be paid to the registered owners at the addresses shown on such registration books. Principal of the Tax-Exempt Series 2025A Bonds shall be payable in lawful money of the United States of America to the registered owners or their legal representatives upon presentation and surrender of the Tax-Exempt Series 2025A Bond or Tax-Exempt Series 2025A Bonds at the office of the Paying Agent. The Tax-Exempt Series 2025A Bonds shall be executed on behalf of the City with the official manual or facsimile signature of the Mayor and attested with the official manual or facsimile signature of the City Clerk, and shall be fully registered Tax-Exempt Series 2025A Bonds without interest coupons. In case any officer whose signature or the fac- simile of whose signature appears on the Tax-Exempt Series 2025A Bonds shall cease to be such officer before the delivery of the Tax -Exempt Series 2025A Bonds, such sig- nature or such facsimile signature shall nevertheless be valid and sufficient for all pur- poses, the same as if such officer had remained in office until delivery. 37 The Tax-Exempt Series 2025A Bonds shall not be valid or become obligatory for any purpose until the Certificate of Authentication thereon shall have been signed by the Reg- istrar. The Tax-Exempt Series 2025A Bonds shall be fully registered as to principal and in- terest in the names of the owners on the registration books of the City kept by the Regis- trar, and after such registration, payment of the principal thereof and interest ther eon shall be made only to the registered owners or their legal representatives or assigns. Each Tax-Exempt Series 2025A Bond shall be transferable only upon the registration books of the City upon presentation to the Registrar, together with either a writt en instrument of transfer satisfactory to the Registrar or the assignment form thereon completed and duly executed by the registered owner or the duly authorized attorney for such registered owner. The record and identity of the owners of the Tax-Exempt Series 2025A Bonds shall be kept confidential as provided by Section 22.7 of the Code of Iowa. Section 4. Notwithstanding anything above to the contrary, the Tax -Exempt Series 2025A Bonds shall be issued initially as Depository Bonds, with one fully registered Tax Exempt Series 2025A Bond for each maturity date, in principal amounts equal to the amount of principal maturing on each such date, and registered in the name of Cede & Co., as nominee for The Depository Trust Company, New York, New York (“DTC”). On original issue, the Tax-Exempt Series 2025A Bonds shall be deposited with DTC for the purpose of maintaining a book-entry system for recording the ownership interests of its participants and the transfer of those interests among its participants (the “Participants”). In the event that DTC determines not to continue to act as securities depository for the Tax-Exempt Series 2025A Bonds or the City determines not to continue the book -entry system for recording ownership interests in the Tax-Exempt Series 2025A Bonds with DTC, the City will discontinue the book-entry system with DTC. If the City does not select another qualified securities depository to replace DTC (or a successor depository) in order to continue a book-entry system, the City will register and deliver replacement Tax -Ex- empt Series 2025A Bonds in the form of fully registered certificates, in authorized denom- inations of $5,000 or integral multiples of $5,000, in accordance with instructions from Cede & Co., as nominee for DTC. In the event that the City identifies a qualified securities depository to replace DTC, the City will register and deliver replacement Tax-Exempt Se- ries 2025A Bonds, fully registered in the name of such depository, or its nominee, in the denominations as set forth above, as reduced from time to time prior to maturity in con- nection with redemptions or retirements by call or payment, and in such event, such de- pository will then maintain the book-entry system for recording ownership interests in the Tax-Exempt Series 2025A Bonds. Ownership interests in the Tax-Exempt Series 2025A Bonds may be purchased by or through Participants. Such Participants and the persons for whom they acquire interests in the Tax-Exempt Series 2025A Bonds as nominees will not receive certificated Tax - Exempt Series 2025A Bonds, but each such Participant will receive a credit balance in the records of DTC in the amount of such Participant’s interest in the Tax-Exempt Series 2025A Bonds, which will be confirmed in accordance with DTC’s standard procedures. Each such person for which a Participant has an interest in the Tax-Exempt Series 2025A Bonds, as nominee, may desire to make arrangements with such Participant to have all notices of redemption or other communications of the City to DTC, which may affect such 38 person, forwarded in writing by such Participant and to have notification made of all inter- est payments. The City will have no responsibility or obligation to such Participants or the persons for whom they act as nominees with respect to payment to or providing of notice for such Participants or the persons for whom they act as nominees. As used herein, the term “Beneficial Owner” shall hereinafter be deemed to include the person for whom the Participant acquires an interest in the Tax-Exempt Series 2025A Bonds. DTC will receive payments from the City, to be remitted by DTC to the Participants for subsequent disbursement to the Beneficial Owners. The ownership interest of each Ben- eficial Owner in the Tax-Exempt Series 2025A Bonds will be recorded on the records of the Participants whose ownership interest will be recorded on a computerized book -entry system kept by DTC. When reference is made to any action which is required or permitted to be taken by the Beneficial Owners, such reference shall only relate to those permitted to act (by stat- ute, regulation or otherwise) on behalf of such Beneficial Owners for such purposes. When notices are given, they shall be sent by the City to DTC, and DTC shall forward (or cause to be forwarded) the notices to the Participants so that the Participants can forward the same to the Beneficial Owners. Beneficial Owners will receive written confirmations of their purchases from the Partic- ipants acting on behalf of the Beneficial Owners detailing the terms of the Tax -Exempt Series 2025A Bonds acquired. Transfers of ownership interests in the Tax-Exempt Series 2025A Bonds will be accomplished by book entries made by DTC and the Participants who act on behalf of the Beneficial Owners. Beneficial Owners will not receive certificates representing their ownership interest in the Tax-Exempt Series 2025A Bonds, except as specifically provided herein. Interest and principal will be paid when due by the City to DTC, then paid by DTC to the Participants and thereafter paid by the Participants to the Beneficial Owners. Section 5. The Tax-Exempt Series 2025A Bonds shall be in substantially the [provided] following form: Section 6. The Tax-Exempt Series 2025A Bonds shall be executed as herein provided as soon after the adoption of this resolution as may be possible, and thereupon they shall be delivered to the Registrar for registration, authentication and delivery to or on behalf of the Purchaser, upon receipt of the loan proceeds ($6,827,847.15) (the “Loan Pro- ceeds”), including net original issue premium ($407,847.55), and all action heretofore taken in connection with the Loan Agreement is hereby ratified and confirmed i n all re- spects. A portion of the Loan Proceeds ($83,372.50) shall be retained by the Purchaser as the underwriter’s discount. A portion of the Loan Proceeds ($6,698,598.28) (the “Project Proceeds”) received from the sale of the Tax-Exempt Series 2025A Bonds shall be deposited in a dedicated fund (the “Project Fund”), which is hereby created, to be used for the payment of costs of the Projects and to the extent that Project Proceeds remain after the full payment of the costs of the Projects, such Proceeds, shall be transferred to the Debt Service Fund for the payment of interest on the Tax-Exempt Series 2025A Bonds. 39 The remainder of the Loan Proceeds ($45,876.77) (the “Cost of Issuance Proceeds”), received from the sale of the Tax-Exempt Series 2025A Bonds shall be deposited in the Project Fund, and shall be used for the payment of costs of issuance of the Tax -Exempt Series 2025A Bonds, and to the extent that Cost of Issuance Proceeds remain after the full payment of the costs of issuance of the Tax-Exempt Series 2025A Bonds, such Cost of Issuance Proceeds shall be transferred to the Debt Service Fund for the payment o f interest on the Tax-Exempt Series 2025A Bonds. The City shall keep a detailed and segregated accounting of the expenditure of, and investment earnings on, the Loan Proceeds to ensure compliance with the requirements of the Internal Revenue Code, as hereinafter defined. Section 7. For the purpose of providing for the levy and collection of a direct annual tax sufficient to pay the principal of and interest on the Tax-Exempt Series 2025A Bonds as the same become due, there is hereby ordered levied on all the taxable property in the City the following direct annual tax for collection in each of the following fiscal years: For collection in the fiscal year beginning July 1, 2025, sufficient to produce the net annual sum of $485,518; For collection in the fiscal year beginning July 1, 2026, sufficient to produce the net annual sum of $514,100; For collection in the fiscal year beginning July 1, 2027, sufficient to produce the net annual sum of $512,600; For collection in the fiscal year beginning July 1, 2028, sufficient to produce the net annual sum of $510,600; For collection in the fiscal year beginning July 1, 2029, sufficient to produce the net annual sum of $513,100; For collection in the fiscal year beginning July 1, 2030, sufficient to produce the net annual sum of $509,850; For collection in the fiscal year beginning July 1, 2031, sufficient to produce the net annual sum of $506,100; For collection in the fiscal year beginning July 1, 2032, sufficient to produce the net annual sum of $511,850; For collection in the fiscal year beginning July 1, 2033, sufficient to produce the net annual sum of $511,600; For collection in the fiscal year beginning July 1, 2034, sufficient to produce the net annual sum of $510,600; For collection in the fiscal year beginning July 1, 2035, sufficient to produce the net annual sum of $513,850; For collection in the fiscal year beginning July 1, 2036, sufficient to produce the net annual sum of $511,100; For collection in the fiscal year beginning July 1, 2037, sufficient to produce the net annual sum of $512,600; For collection in the fiscal year beginning July 1, 2038, sufficient to produce the net annual sum of $512,000; For collection in the fiscal year beginning July 1, 2039, sufficient to produce the net annual sum of $510,800; For collection in the fiscal year beginning July 1, 2040, sufficient to produce the net annual sum of $514,000; 40 For collection in the fiscal year beginning July 1, 2041, sufficient to produce the net annual sum of $506,400; For collection in the fiscal year beginning July 1, 2042, sufficient to produce the net annual sum of $508,400; and For collection in the fiscal year beginning July 1, 2043, sufficient to produce the net annual sum of $509,600. Section 8. A certified copy of this resolution shall be filed with the County Auditor of Dubuque County, and the County Auditor is hereby instructed to enter for collection and assess the tax hereby authorized. When annually entering such taxes for collection, the County Auditor shall include the same as a part of the tax levy for Debt Service Fund purposes of the City and when collected, the proceeds of the taxes shall be converted into the Debt Service Fund of the City and set aside therein as a special a ccount to be used solely and only for the payment of the principal of and interest on the Tax -Exempt Series 2025A Bonds hereby authorized and for no other purpose whatsoever. Pursuant to the provisions of Section 76.4 of the Code of Iowa, each year while the Tax-Exempt Series 2025A Bonds remain outstanding and unpaid, any funds of the City which may lawfully be applied for such purpose, including incremental property tax reve- nues as provided for in Section 403.19 of the Code of Iowa, may be appropriated, budg- eted and, if received, used for the payment of the principal of and interest on the Tax - Exempt Series 2025A Bonds as the same become due, and if so appropriated, the taxes for any given fiscal year as provided for in Section 7 of this Resolution, shall be reduced by the amount of such alternate funds as have been appropriated for said purpose and evidenced in the City’s budget. The City hereby reaffirms its intent to budget and appro- priate incremental property tax revenues for the payment of some or all of the portion of principal of and interest on the Tax-Exempt Series 2025A Bonds attributable to the Urban Renewal Project identified in the preamble hereof. Section 9. The interest or principal and both of them falling due in any year or years shall, if necessary, be paid promptly from current funds on hand in advance of taxes levied and when the taxes shall have been collected, reimbursement shall be made to such current funds in the sum thus advanced. Section 10. It is the intention of the City that interest on the Tax-Exempt Series 2025A Bonds be and remain excluded from gross income for federal income tax purposes pur- suant to the appropriate provisions of the Internal Revenue Code of 1986, as amended, and the Treasury Regulations in effect with respect thereto (all of the foregoing herein referred to as the “Internal Revenue Code”). In furtherance thereof, the City covenants to comply with the provisions of the Internal Revenue Code as they may from ti me to time be in effect or amended and further covenants to comply with the applicable future laws, regulations, published rulings and court decisions as may be necessary to insure that the interest on the Tax-Exempt Series 2025A Bonds will remain excluded from gross income for federal income tax purposes. Any and all of the officers of the City are hereby author- ized and directed to take any and all actions as may be necessary to comply with the covenants herein contained. Section 11. The Securities and Exchange Commission (the “SEC”) has promulgated certain amendments to Rule 15c2-12 under the Securities Exchange Act of 1934 (17 C.F.R. § 240.15c2-12) (the “Rule”) that make it unlawful for an underwriter to participate in the primary offering of municipal securities in a principal amount of $1,000,000 or more 41 unless, before submitting a bid or entering into a purchase contract for the bonds, an underwriter has reasonably determined that the issuer or an obligated person has under- taken in writing for the benefit of the bondholders to provide certain disclosure information to prescribed information repositories on a continuing basis or unless and to the extent the offering is exempt from the requirements of the Rule. On the date of issuance and delivery of the Tax-Exempt Series 2025A Bonds, the City will execute and deliver a Continuing Disclosure Certificate pursuant to which the City will undertake to comply with the Rule. The City covenants and agrees that it will comply with and carry out the provisions of the Continuing Disclosure Certificate. Any and all of the officers of the City are hereby authorized and directed to take any and all actions as may be necessary to comply with the Rule and the Continuing Disclosure Certificate. Section 12. The Mayor and the City Clerk are authorized to execute and deliver any and all documents required by bond counsel to effectuate the purposes of this resolution and to issue the Tax-Exempt Series 2025A Bonds, including without limitation purchase agreements and closing certificates. Section 13. All resolutions or parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Section 14. This resolution shall be in full force and effect immediately upon its ap- proval and adoption, as provided by law. Passed and approved February 17, 2025. Brad M. Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk RESOLUTION NO. 66-25 AUTHORIZING AND APPROVING A LOAN AGREEMENT, PROVIDING FOR THE IS- SUANCE OF $8,370,000 TAXABLE GENERAL OBLIGATION CORPORATE PUR- POSE BONDS, SERIES 2025B, AND PROVIDING FOR THE LEVY OF TAXES TO PAY THE SAME Whereas, the City of Dubuque (the “City”), in Dubuque County, State of Iowa, hereto- fore proposed to enter into a loan agreement (the “Essential Purpose Loan Agreement”) pursuant to the provisions of Section 384.24A of the Code of Iowa and to borrow money thereunder in a principal amount not to exceed $6,190,000 for the purpose of paying the costs, to that extent, of (a) acquiring ambulances, fire protection vehicles, a fire protection boat, EMS equipment and fire safety radios and equipment; (b) acquiring solid waste collection vehicles and equipment; (c) undertaking improvements to the municipal airport; and (d) undertaking demolition/deconstruction of a dangerous and dilapidated property (the “Essential Purpose Projects”), and pursuant to law and a notice duly published, the City Council has held a public hearing on such proposal on January 6, 2025; and Whereas, the City also proposed to enter into a loan agreement (the “Exterior and Office Renovations Loan Agreement”), pursuant to the provisions of Section 384.24A of the Code of Iowa, and to borrow money thereunder in a principal amount not to exceed $890,000 for the purpose of paying the costs, to that extent, of (a) acquiring and installing fire station generators; (b) undertaking fire station roof replacement and repairs; (c) un- dertaking fire station tuck pointing and related exterior repairs; and (d) undertaking fire department administrative office renovations (the “Exterior and Office Renovations Pro- jects”), and in lieu of calling an election upon such proposal, has published notice of the 42 proposed action, including notice of the right to petition for an election, and has held a hearing thereon, and as of January 6, 2025, no petition had been filed with the City asking that the question of entering into the Exterior and Office Renovations Lo an Agreement be submitted to the registered voters of the City; and Whereas, the City also proposed to enter into a loan agreement (the “Bunk Room and Systems Improvements Loan Agreement”), pursuant to the provisions of Section 384.24A of the Code of Iowa, and to borrow money thereunder in a principal amount not to exceed $910,000 for the purpose of paying the costs, to that extent, of (a) undertaking fire station bunk room renovations; (b) undertaking fire station mechanical and electrical systems improvements; and (c) undertaking fire station HVAC replacement (the “Bunk Room and Systems Improvements Projects”), and in lieu of calling an election upon such proposal, has published notice of the proposed action, including notice of the right to petition for an election, and has held a hearing thereon, and as of January 6, 2025, no petition had been filed with the City asking that the question of entering into the Bunk Room and Systems Improvements Loan Agreement be submitted to the registered voters of the City; and Whereas, the City also proposed to enter into a loan agreement (the “Fire Station Im- provements Loan Agreement,” and together with the Exterior and Office Renovations Loan Agreement and the Bunk Room and Systems Improvements Loan Agreement, the “General Purpose Loan Agreements”), pursuant to the provisions of Section 384.24A of the Code of Iowa, and to borrow money thereunder in a principal amount not to exceed $910,000 for the purpose of paying the costs, to that extent, of (a) undertaking fire station facilities improvements; and (b) undertaking improvements to the fire department burn tower training facility (the “Fire Station Improvements Projects,” and together with the Exterior and Office Renovations Projects and the Bunk Room and Systems Improve- ments Projects, the “General Purpose Projects”), and in lieu of calling an election upon such proposal, has published notice of the proposed action, including notice of the right to petition for an election, and has held a hearing thereon, and as of January 6, 2025, no petition had been filed with the City asking that the question of entering into the Fire Sta- tion Improvements Loan Agreement be submitted to the registered voters of the City; and Whereas, the City also proposes to enter into a loan agreement (the “Ice Arena Loan Agreement”), pursuant to the provisions of Section 384.24A and 384.24.3(q) of the Code of Iowa, and to borrow money thereunder in a principal amount not to exceed $1,185,000 for the purpose of undertaking the Ice Arena Dehumidification Project, an authorized ur- ban renewal project of the City in the Greater Downtown Urban Renewal Area approved by action of the City Council on December 16, 2024, and in lieu of calling an election upon such proposal, has published notice of the proposed action, including notice of the right to petition for an election, and has held a hearing thereon, and as of January 6, 2025, no petition had been filed with the City asking that the question of enterin g into the Ice Arena Loan Agreement be submitted to the registered voters of the City; and Whereas, the City also proposed to enter into a loan agreement (the “Parking System Loan Agreement”), pursuant to the provisions of Section 384.24A and 384.24.3(q) of the Code of Iowa, and to borrow money thereunder in a principal amount not to exceed $4,045,000 for the purpose of undertaking the Smart Parking System Enhancement Pro- ject and the Parking Ramp Major Maintenance Project, authorized urban renewal projects of the City in the Greater Downtown Urban Renewal Area approved by action of the City Council on December 16, 2024 (the “Parking System Projects”), and in lieu of calling an 43 election upon such proposal, has published notice of the proposed action, including notice of the right to petition for an election, and has held a hearing thereon, and as of January 6, 2025, no petition had been filed with the City asking that the questio n of entering into the Parking System Loan Agreement be submitted to the registered voters of the City; and Whereas, the City also proposed to enter into a loan agreement (the “Federal Building Loan Agreement” and together with Ice Arena Loan Agreement and the Parking System Loan Agreement, the “Urban Renewal Loan Agreements”), pursuant to the provisions of Section 384.24A and 384.24.3(q) of the Code of Iowa, and to borrow money thereunder in a principal amount not to exceed $870,000 for the purpose of undertaking the Federal Building Renovation Project and the Central Avenue Streetscape Improvements Project, authorized urban renewal projects of the City in the Greater Downtown Urban Renewal Area approved by action of the City Council on December 16, 2024 (the “Federal Building Projects”, referred to together with the Ice Arena Dehumidification Project and the Parking System Projects as the “Urban Renewal Projects,” and such and such Urban Renewal Projects referred to together with the Essential Purpose Projects and the General Pur- pose Projects as the “Projects”), and in lieu of calling an election upon such proposal, has published notice of the proposed action, including notice of the right to petition for an election, and has held a hearing thereon, and as of January 6, 2025, no petition had been filed with the City asking that the question of entering into the Federal Building Loan Agreement be submitted to the registered voters of the City; and Whereas, pursuant to the provisions of Section 384.28 of the Code of Iowa, the City combined its authority under the Urban Renewal Loan Agreements, the Essential Pur- pose Loan Agreement and the General Purpose Loan Agreements into a single loan agreement (the “Loan Agreement”); and Whereas, the City has determined to split its authority under the Loan Agreement and to enter into a tax-exempt loan agreement (the “Tax-Exempt Series 2025A Loan Agree- ment) and a taxable loan agreement, (the “Taxable Series 2025B Loan Agreement”); and Whereas, the City intends to issue Taxable General Obligation Corporate Purpose Bonds, Series 2025B (the “Taxable Series 2025B Bonds”) in evidence of its obligations under the Taxable Series 2025B Loan Agreement; and Whereas, a Preliminary Official Statement (the “P.O.S.”) has been prepared by Dorsey & Whitney LLP (the “Disclosure Counsel”) as bond and disclosure counsel to the City to facilitate the sale of the General Obligation Corporate Purpose Bonds, Series 2025A, such bonds to be issued in evidence of the obligation of the City under the Tax -Exempt Series 2025A Loan Agreement, and the Taxable Series 2025B Bonds, and the City has made provision for the approval of the P.O.S. and has authorized its use by Independen t Public Advisors, LLC, as municipal advisor to the City; and Whereas, pursuant to advertisement of sale, bids for the purchase of the Taxable Se- ries 2025B Bonds to be issued in evidence of the City’s obligation under the Taxable Series 2025B Loan Agreement was received and canvassed on behalf of the City at the appointed time for the payment of costs of the Projects; and Whereas, upon final consideration of all bids, the bid of Northland Securities, Inc., Min- neapolis, Minnesota (the “Purchaser”), was the best, such bid proposing the lowest inter- est cost to the City; and 44 Whereas, it is now necessary to make final provision for the approval of the Taxable Series 2025B Loan Agreement and to authorize the issuance of the Taxable Series 2025B Bonds; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: Section 1. The City shall enter into the Taxable Series 2025B Loan Agreement with the Purchaser in substantially the form as has been placed on file with the City Council, providing for a loan to the City in the principal amount of $8,370,000 for the purposes set forth in the preamble hereof. The Mayor and City Clerk are hereby authorized and directed to sign the Taxable Se- ries 2025B Loan Agreement on behalf of the City, and the Taxable Series 2025B Loan Agreement is hereby approved. Section 2. The bid of the Purchaser referred to in the preamble hereof is hereby ac- cepted, and the Taxable Series 2025B Bonds, in the aggregate principal amount of $8,370,000, are hereby authorized to be issued in evidence of the City’s obligations under the Taxable Series 2025B Loan Agreement. The Taxable Series 2025B Bonds shall be dated March 4, 2025, shall be issued in the denomination of $5,000 each or any integral multiple thereof and shall mature on June 1 in each of the years, in the respective princi- pal amounts, and bearing interest at the respective rates as follows: Date Principal Interest Rate Date Principal Interest Rate 2026 $190,000 4.300% 2036 $445,000 4.900% 2027 $295,000 4.400% 2037 $470,000 4.950% 2028 $315,000 4.450% 2038 $495,000 5.000% 2029 $330,000 4.500% 2039 $520,000 5.050% 2030 $340,000 4.550% 2041 $545,000 5.100% 2031 $355,000 4.650% 2041 $570,000 5.150% 2032 $370,000 4.700% 2042 $600,000 5.200% 2033 $390,000 4.750% 2043 $635,000 5.250% 2034 $410,000 4.800% 2044 $665,000 5.300% 2035 $430,000 4.850% Section 3. UMB Bank, n.a., West Des Moines, Iowa, is hereby designated as the Reg- istrar and Paying Agent for the Taxable Series 2025B Bonds and may be hereinafter referred to as the “Registrar” or the “Paying Agent.” The City shall enter into an agreement (the “Registrar/Paying Agent Agreement”) with the Registrar, in substantially the form as has been placed on file with the Council; the Mayor and City Clerk are hereby authorized and directed to sign the Registrar/Paying Agent Agreement on behalf of the City; and the Registrar/Paying Agent Agreement is hereby approved. The City reserves the right to optionally prepay part or all of the principal of the Taxable Series 2025B Bonds maturing in the years 2034 to 2044, inclusive, prior to and in any order of maturity on June 1, 2033, or on any date thereafter upon terms of pa r and accrued interest. If less than all of the Taxable Series 2025B Bonds of any like maturity are to be redeemed, the particular part of those Taxable Series 2025B Bonds to be redeemed shall be selected by the Registrar by lot. The Taxable Series 2025B Bonds may be called in part in one or more units of $5,000. If less than the entire principal amount of any Taxable Series 2025B Bond in a denom- ination of more than $5,000 is to be redeemed, the Registrar will issue and deliver to the 45 registered owner thereof, upon surrender of such original Taxable Series 2025B Bond, a new Taxable Series 2025B Bond or Taxable Series 2025B Bonds, in any authorized de- nomination, in a total aggregate principal amount equal to the unredeemed balance of the original Taxable Series 2025B Bond. Notice of such redemption as aforesaid identifying the Taxable Series 2025B Bond or Taxable Series 2025B Bonds (or portion thereof) to be redeemed shall be sent by electronic means or by certified mail to the registered own- ers thereof at the addresses shown on the City’s registration books not less than 30 days prior to such redemption date. Any notice of redemption may contain a statement that the redemption is conditioned upon the receipt by the Paying Agent of funds on or before the date fixed for redemption sufficient to pay the redemption price of the Taxable Series 2025B Bonds so called for redemption, and that if funds are not available, such redemp- tion shall be cancelled by written notice to the owners of the Taxable Series 2025B Bonds called for redemption in the same manner as the original redemption notice was sent, such notice of cancellation to be made at least five days prior to the date fixed for re- demption. All of such Taxable Series 2025B Bonds as to which the City reserves and exercises the right of redemption and as to which notice as aforesaid shall have been given and for the redemption of which funds are duly provided, shall cease to bear interest on the redemption date. Accrued interest on the Taxable Series 2025B Bonds shall be payable semiannually on the first day of June and December in each year, commencing December 1, 2025. Interest shall be calculated on the basis of a 360 -day year comprised of twelve 30-day months. Payment of interest on the Taxable Series 2025B Bonds shall be made to the registered owners appearing on the registration books of the City at the close of business on the fifteenth day of the month next preceding the interest payment date and shall be paid to the registered owners at the addresses shown on such registration books. Princi- pal of the Taxable Series 2025B Bonds shall be payable in lawful money of the United States of America to the registered owners or their legal representatives upon presenta- tion and surrender of the Taxable Series 2025B Bond or Taxable Series 2025B Bo nds at the office of the Paying Agent. The Taxable Series 2025B Bonds shall be executed on behalf of the City with the official manual or facsimile signature of the Mayor and attested with the official manual or facsimile signature of the City Clerk, and shall be fully registered Taxable Series 2025B Bonds without interest coupons. In case any officer whose signature or the facsimile of whose signature appears on the Taxable Series 2025B Bonds shall cease to be such officer before the delivery of the Taxable Series 2025B Bonds, such signature or such facsimile signature shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until delivery. The Taxable Series 2025B Bonds shall not be valid or become obligatory for any pur- pose until the Certificate of Authentication thereon shall have been signed by the Regis- trar. The Taxable Series 2025B Bonds shall be fully registered as to principal and interest in the names of the owners on the registration books of the City kept by the Registrar, and after such registration, payment of the principal thereof and interest thereon shall be made only to the registered owners or their legal representatives or assigns. Each Taxa- ble Series 2025B Bond shall be transferable only upon the registration books of the City upon presentation to the Registrar, together with either a written ins trument of transfer 46 satisfactory to the Registrar or the assignment form thereon completed and duly executed by the registered owner or the duly authorized attorney for such registered owner. The record and identity of the owners of the Taxable Series 2025B Bonds shall be kept confidential as provided by Section 22.7 of the Code of Iowa. Section 4. Notwithstanding anything above to the contrary, the Taxable Series 2025B Bonds shall be issued initially as Depository Bonds, with one fully registered Taxable Series 2025B Bond for each maturity date, in principal amounts equal to the amount of principal maturing on each such date, and registered in the name of Cede & Co., as nominee for The Depository Trust Company, New York, New York (“DTC”). On original issue, the Taxable Series 2025B Bonds shall be deposited with DTC for the purpose of maintaining a book-entry system for recording the ownership interests of its participants and the transfer of those interests among its participants (the “Participants”). In the event that DTC determines not to continue to act as securities depository for the Taxable Series 2025B Bonds or the City determines not to continue the book-entry system for recording ownership interests in the Taxable Series 2025B Bonds with DTC, t he City will discon- tinue the book-entry system with DTC. If the City does not select another qualified secu- rities depository to replace DTC (or a successor depository) in order to continue a book - entry system, the City will register and deliver replacement Taxable Series 2025B Bonds in the form of fully registered certificates, in authorized denominations of $5,000 or inte- gral multiples of $5,000, in accordance with instructions from Cede & Co., as nominee for DTC. In the event that the City identifies a qualified securities depository to replace DTC, the City will register and deliver replacement Taxable Series 2025B Bonds, fully regis- tered in the name of such depository, or its nominee, in the denominations as set forth above, as reduced from time to time prior to maturity in connection with redemptions or retirements by call or payment, and in such event, such depository will then maintain the book-entry system for recording ownership interests in the Taxable Series 2025B Bonds. Ownership interests in the Taxable Series 2025B Bonds may be purchased by or through Participants. Such Participants and the persons for whom they acquire interests in the Taxable Series 2025B Bonds as nominees will not receive certificated Taxable Series 2025B Bonds, but each such Participant will receive a credit balance in the records of DTC in the amount of such Participant’s interest in the Taxable Series 2025B Bonds, which will be confirmed in accordance with DTC’s standard procedures. Each such per- son for which a Participant has an interest in the Taxable Series 2025B Bonds, as nomi- nee, may desire to make arrangements with such Participant to have all notices of re- demption or other communications of the City to DTC, which may affect such person, forwarded in writing by such Participant and to have notification made of all interest pay- ments. The City will have no responsibility or obligation to such Participants or the persons for whom they act as nominees with respect to payment to or providing of notice for such Participants or the persons for whom they act as nominees. As used herein, the term “Beneficial Owner” shall hereinafter be deemed to include the person for whom the Participant acquires an interest in the Taxable Series 2025B Bonds. DTC will receive payments from the City, to be remitted by DTC to the Participants for subsequent disbursement to the Beneficial Owners. The ownership interest of each Ben- eficial Owner in the Taxable Series 2025B Bonds will be recorded on the records of the 47 Participants whose ownership interest will be recorded on a computerized book -entry system kept by DTC. When reference is made to any action which is required or permitted to be taken by the Beneficial Owners, such reference shall only relate to those permitted to act (by stat- ute, regulation or otherwise) on behalf of such Beneficial Owners for such purposes. When notices are given, they shall be sent by the City to DTC, and DTC shall forward (or cause to be forwarded) the notices to the Participants so that the Participants can forward the same to the Beneficial Owners. Beneficial Owners will receive written confirmations of their purchases from the Partic- ipants acting on behalf of the Beneficial Owners detailing the terms of the Taxable Series 2025B Bonds acquired. Transfers of ownership interests in the Taxable Series 2025B Bonds will be accomplished by book entries made by DTC and the Participants who act on behalf of the Beneficial Owners. Beneficial Owners will not receive certificates repre- senting their ownership interest in the Taxable Series 2025B Bonds, except as specifically provided herein. Interest and principal will be paid when due by the City to DTC, then paid by DTC to the Participants and thereafter paid by the Participants to the Beneficial Own- ers. Section 5. The Taxable Series 2025B Bonds shall be in substantially the [provided] form: Section 6. The Taxable Series 2025B Bonds shall be executed as herein provided as soon after the adoption of this resolution as may be possible, and thereupon they shall be delivered to the Registrar for registration, authentication and delivery to or on behalf of the Purchaser, upon receipt of the loan proceeds ($8,370,000)(the “Loan Proceeds”), and all action heretofore taken in connection with the Loan Agreement is hereby ratified and confirmed in all respects. A portion of the Loan Proceeds ($53,980.85) shall be retained by the Purchaser as the underwriter’s discount. A portion of the Loan Proceeds ($8,265,623.73) (the “Project Proceeds”) received from the sale of the Taxable Series 2025B Bonds shall be deposited in a dedicated fund (the “Project Fund”), which is hereby created, to be used for the payment of costs of th e Pro- jects and to the extent that Project Proceeds remain after the full payment of the costs of the Projects, such Proceeds, shall be transferred to the Debt Service Fund for the pay- ment of interest on the Taxable Series 2025B Bonds. The remainder of the Loan Proceeds ($50,395.42) (the “Cost of Issuance Proceeds”), received from the sale of the Taxable Series 2025B Bonds shall be deposited in the Pro- ject Fund, and shall be used for the payment of costs of issuance of the Taxable Series 2025B Bonds, and to the extent that Cost of Issuance Proceeds remain after the full pay- ment of the costs of issuance of the Taxable Series 2025B Bonds, such Cost of Issuance Proceeds shall be transferred to the Debt Service Fund for the payment of interes t on the Taxable Series 2025B Bonds. The City shall keep a detailed and segregated accounting of the expenditure of, and investment earnings on, the Loan Proceeds. Section 7. For the purpose of providing for the levy and collection of a direct annual tax sufficient to pay the principal of and interest on the Taxable Series 2025B Bonds as the same become due, there is hereby ordered levied on all the taxable property in the City the following direct annual tax for collection in each of the following fiscal years: 48 For collection in the fiscal year beginning July 1, 2025, sufficient to produce the net annual sum of $700,894; For collection in the fiscal year beginning July 1, 2026, sufficient to produce the net annual sum of $698,288; For collection in the fiscal year beginning July 1, 2027, sufficient to produce the net annual sum of $705,308; For collection in the fiscal year beginning July 1, 2028, sufficient to produce the net annual sum of $706,290; For collection in the fiscal year beginning July 1, 2029, sufficient to produce the net annual sum of $701,440; For collection in the fiscal year beginning July 1, 2030, sufficient to produce the net annual sum of $700,970; For collection in the fiscal year beginning July 1, 2031, sufficient to produce the net annual sum of $699,463; For collection in the fiscal year beginning July 1, 2032, sufficient to produce the net annual sum of $702,073; For collection in the fiscal year beginning July 1, 2033, sufficient to produce the net annual sum of $703,548; For collection in the fiscal year beginning July 1, 2034, sufficient to produce the net annual sum of $703,868; For collection in the fiscal year beginning July 1, 2035, sufficient to produce the net annual sum of $698,013; For collection in the fiscal year beginning July 1, 2036, sufficient to produce the net annual sum of $701,208; For collection in the fiscal year beginning July 1, 2037, sufficient to produce the net annual sum of $702,943; For collection in the fiscal year beginning July 1, 2038, sufficient to produce the net annual sum of $703,193; For collection in the fiscal year beginning July 1, 2039, sufficient to produce the net annual sum of $701,933; For collection in the fiscal year beginning July 1, 2040, sufficient to produce the net annual sum of $699,138; For collection in the fiscal year beginning July 1, 2041, sufficient to produce the net annual sum of $699,783; For collection in the fiscal year beginning July 1, 2042, sufficient to produce the net annual sum of $703,583; and For collection in the fiscal year beginning July 1, 2043, sufficient to produce the net annual sum of $700,245. Section 8. A certified copy of this resolution shall be filed with the County Auditor of Dubuque County, and the County Auditor is hereby instructed to enter for collection and assess the tax hereby authorized. When annually entering such taxes for collection, the County Auditor shall include the same as a part of the tax levy for Debt Service Fund purposes of the City and when collected, the proceeds of the taxes shall be converted into the Debt Service Fund of the City and set aside therein as a special a ccount to be used solely and only for the payment of the principal of and interest on the Taxable Series 2025B Bonds hereby authorized and for no other purpose whatsoever. 49 Pursuant to the provisions of Section 76.4 of the Code of Iowa, each year while the Taxable Series 2025B Bonds remain outstanding and unpaid, any funds of the City which may lawfully be applied for such purpose, including incremental property tax revenues as provided for in Section 403.19 of the Code of Iowa, may be appropriated, budgeted and, if received, used for the payment of the principal of and interest on the Taxable Series 2025B Bonds as the same become due, and if so appropriated, the taxes for any given fiscal year as provided for in Section 7 of this Resolution, shall be reduced by the amount of such alternate funds as have been appropriated for said purpose and evidenced in the City’s budget. The City hereby reaffirms its intent to budget and appropriate incremental property tax revenues for the payment of some or all of the portion of principal of and interest on the Taxable Series 2025B Bonds attributable to the Urban Renewal Projects identified in the preamble hereof. Section 9. The interest or principal and both of them falling due in any year or years shall, if necessary, be paid promptly from current funds on hand in advance of taxes levied and when the taxes shall have been collected, reimbursement shall be made to such current funds in the sum thus advanced. Section 10. The Securities and Exchange Commission (the “SEC”) has promulgated certain amendments to Rule 15c2-12 under the Securities Exchange Act of 1934 (17 C.F.R. § 240.15c2-12) (the “Rule”) that make it unlawful for an underwriter to participate in the primary offering of municipal securities in a principal amount of $1,000,000 or more unless, before submitting a bid or entering into a purchase contract for the bonds, an underwriter has reasonably determined that the issuer or an obligated person has u nder- taken in writing for the benefit of the bondholders to provide certain disclosure information to prescribed information repositories on a continuing basis or unless and to the extent the offering is exempt from the requirements of the Rule. On the date of issuance and delivery of the Taxable Series 2025B Bonds, the City will execute and deliver a Continuing Disclosure Certificate pursuant to which the City will undertake to comply with the Rule. The City covenants and agrees that it will comply with and carry out the provisions of the Continuing Disclosure Certificate. Any and all of the officers of the City are hereby authorized and directed to take any and all actions as may be necessary to comply with the Rule and the Continuing Disclosure Certificate. Section 11. The Mayor and the City Clerk are authorized to execute and deliver any and all documents required by bond counsel to effectuate the purposes of this resolution and to issue the Taxable Series 2025B Bonds, including without limitation purchase agreements and closing certificates. Section 12. All resolutions or parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Section 13. This resolution shall be in full force and effect immediately upon its ap- proval and adoption, as provided by law. Passed and approved February 17, 2025. Brad M. Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk RESOLUTION NO. 67-25 AUTHORIZING AND APPROVING A LOAN AGREEMENT, PROVIDING FOR THE IS- SUANCE OF $8,945,000 TAXABLE GENERAL OBLIGATION URBAN RENEWAL 50 BONDS, SERIES 2025C, AND PROVIDING FOR THE LEVY OF TAXES TO PAY THE SAME Whereas, the City of Dubuque (the “City”), in Dubuque County, State of Iowa, hereto- fore proposed to enter into a loan agreement (the “Taxable Series 2025C Loan Agree- ment”), pursuant to the provisions of Section 384.24A and 384.24.3(q) of the Code of Iowa, and to borrow money thereunder in a principal amount not to exceed $9,250,000 for the purpose of undertaking the Iowa Amphitheater on Schmitt Island Project (the “Pro- ject”), an authorized urban renewal project of the City in the Greater Downtown Urban Renewal Area approved by action of the City Council on December 16, 2024, and in lieu of calling an election upon such proposal, has published notice of the proposed action, including notice of the right to petition for an election, and has held a hearing ther eon, and as of January 6, 2025, no petition had been filed with the City asking that the question of entering into the Taxable Series 2025C Loan Agreement be submitted to the registered voters of the City; and Whereas, the City Council previously determined to enter into the Taxable Series 2025C Loan Agreement in the future and ordered that Taxable General Obligation Urban Renewal Bonds, Series 2025C (the “Taxable Series 2025C Bonds”) be issued at such time, in evidence of the City’s obligations thereunder; and Whereas, a Preliminary Official Statement (the “P.O.S.”) has been prepared by Dorsey & Whitney LLP (the “Disclosure Counsel”) as bond and disclosure counsel to the City to facilitate the sale of the Taxable Series 2025C Bonds, such bonds to be issued in evi- dence of the obligation of the City under the Taxable Series 2025C Loan Agreement, and the City has made provision for the approval of the P.O.S. and has authorized its use by Independent Public Advisors, LLC, as municipal advisor to the City; and Whereas, pursuant to advertisement of sale, bids for the purchase of the Taxable Se- ries 2025C Bonds to be issued in evidence of the City’s obligation under the Taxable Series 2025C Loan Agreement were received and canvassed on behalf of the City at the appointed time for the payment of costs of the Project; and Whereas, upon final consideration of all bids, the bid of Northland Securities, Inc., Min- neapolis, Minnesota (the “Purchaser”), was the best, such bid proposing the lowest inter- est cost to the City; and Whereas, it is now necessary to make final provision for the approval of the Taxable Series 2025C Loan Agreement and to authorize the issuance of the Taxable Series 2025C Bonds; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: Section 1. The City shall enter into the Taxable Series 2025C Loan Agreement with the Purchaser in substantially the form as has been placed on file with the City Council, providing for a loan to the City in the principal amount of $8,945,000 for the purposes set forth in the preamble hereof. The Mayor and City Clerk are hereby authorized and directed to sign the Taxable Se- ries 2025C Loan Agreement on behalf of the City, and the Taxable Series 2025C Loan Agreement is hereby approved. Section 2. The bid of the Purchaser referred to in the preamble hereof is hereby ac- cepted, and the Taxable Series 2025C Bonds, in the aggregate principal amount of $8,945,000, are hereby authorized to be issued in evidence of the City’s obligations under 51 the Taxable Series 2025C Loan Agreement. The Taxable Series 2025C Bonds shall be dated March 4, 2025, shall be issued in the denomination of $5,000 each or any integral multiple thereof and shall mature on June 1 in each of the years, in the respective principal amounts, and bearing interest at the respective rates as follows: Date Principal Interest Rate Date Principal Interest Rate 2029 $380,000 4.500% 2037 $560,000 4.950% 2030 $395,000 4.550% 2038 $585,000 5.000% 2031 $415,000 4.650% 2039 $615,000 5.000% 2032 $430,000 6.000% 2040 $645,000 5.000% 2033 $455,000 6.000% 2041 $680,000 5.000% 2034 $485,000 4.800% 2042 $715,000 5.125% 2035 $510,000 4.850% 2043 $750,000 5.125% 2036 $535,000 4.900% 2044 $790,000 5.125% Section 3. UMB Bank, n.a., West Des Moines, Iowa, is hereby designated as the Reg- istrar and Paying Agent for the Taxable Series 2025C Bonds and may be hereinafter referred to as the “Registrar” or the “Paying Agent.” The City shall enter into an agreement (the “Registrar/Paying Agent Agreement”) with the Registrar, in substantially the form as has been placed on file with the Council; the Mayor and City Clerk are hereby authorized and directed to sign the Registrar/Paying Agent Agreement on behalf of the City; and the Registrar/Paying Agent Agreement is hereby approved. The City reserves the right to optionally prepay part or all of the principal of the Taxable Series 2025C Bonds maturing in the years 2034 to 2044, inclusive, prior to and in any order of maturity on June 1, 2033, or on any date thereafter upon terms of pa r and accrued interest. If less than all of the Taxable Series 2025C Bonds of any like maturity are to be redeemed, the particular part of those Taxable Series 2025C Bonds to be redeemed shall be selected by the Registrar by lot. The Taxable Series 2025C Bonds may be called in part in one or more units of $5,000. If less than the entire principal amount of any Taxable Series 2025C Bond in a denom- ination of more than $5,000 is to be redeemed, the Registrar will issue and deliver to the registered owner thereof, upon surrender of such original Taxable Series 2025C Bo nd, a new Taxable Series 2025C Bond or Taxable Series 2025C Bonds, in any authorized de- nomination, in a total aggregate principal amount equal to the unredeemed balance of the original Taxable Series 2025C Bond. Notice of such redemption as aforesaid identifying the Taxable Series 2025C Bond or Taxable Series 2025C Bonds (or portion thereof) to be redeemed shall be sent by electronic means or by certified mail to the registered own- ers thereof at the addresses shown on the City’s registration books not less than 30 days prior to such redemption date. Any notice of redemption may contain a statement that the redemption is conditioned upon the receipt by the Paying Agent of funds on or before the date fixed for redemption sufficient to pay the redemption price of the Taxable Series 2025C Bonds so called for redemption, and that if funds are not available, such redemp- tion shall be cancelled by written notice to the owners of the Taxable Series 2025C Bonds called for redemption in the same manner as the original r edemption notice was sent, such notice of cancellation to be made at least five days prior to the date fixed for re- demption. All of such Taxable Series 2025C Bonds as to which the City reserves and exercises the right of redemption and as to which notice a s aforesaid shall have been 52 given and for the redemption of which funds are duly provided, shall cease to bear interest on the redemption date. Accrued interest on the Taxable Series 2025C Bonds shall be payable semiannually on the first day of June and December in each year, commencing December 1, 2025. Interest shall be calculated on the basis of a 360 -day year comprised of twelve 30-day months. Payment of interest on the Taxable Series 2025C Bonds shall be made to the registered owners appearing on the registration books of the City at the close of business on the fifteenth day of the month next preceding the interest payment date and shall be paid to the registered owners at the addresses shown on such registration books. Princi- pal of the Taxable Series 2025C Bonds shall be payable in lawful money of the United States of America to the registered owners or their legal representatives upon presenta- tion and surrender of the Taxable Series 2025C Bond or Taxable Series 2025C Bonds at the office of the Paying Agent. The Taxable Series 2025C Bonds shall be executed on behalf of the City with the official manual or facsimile signature of the Mayor and attested with the official manual or facsimile signature of the City Clerk, and shall be fully registered Taxable Series 2025C Bonds without interest coupons. In case any officer whose signature or the facsimile of whose signature appears on the Taxable Series 2025C Bonds shall cease to be such officer before the delivery of the Taxable Series 2025C Bonds, such signature or such facsimile signature shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until delivery. The Taxable Series 2025C Bonds shall not be valid or become obligatory for any pur- pose until the Certificate of Authentication thereon shall have been signed by the Regis- trar. The Taxable Series 2025C Bonds shall be fully registered as to principal and interest in the names of the owners on the registration books of the City kept by the Registrar, and after such registration, payment of the principal thereof and interest thereon shall be made only to the registered owners or their legal representatives or assigns. Each Taxa- ble Series 2025C Bond shall be transferable only upon the registration books of the City upon presentation to the Registrar, together with either a written ins trument of transfer satisfactory to the Registrar or the assignment form thereon completed and duly executed by the registered owner or the duly authorized attorney for such registered owner. The record and identity of the owners of the Taxable Series 2025C Bonds shall be kept confidential as provided by Section 22.7 of the Code of Iowa. Section 4. Notwithstanding anything above to the contrary, the Taxable Series 2025C Bonds shall be issued initially as Depository Bonds, with one fully registered Taxable Series 2025C Bond for each maturity date, in principal amounts equal to the amount of principal maturing on each such date, and registered in the name of Cede & Co., as nom- inee for The Depository Trust Company, New York, New York (“DTC”). On original issue, the Taxable Series 2025C Bonds shall be deposited with DTC for the purpose of main- taining a book-entry system for recording the ownership interests of its participants and the transfer of those interests among its participants (the “Participants”). In the event that DTC determines not to continue to act as securities depository for the Taxable Series 2025C Bonds or the City determines not to continue the book-entry system for recording ownership interests in the Taxable Series 2025C Bonds with DTC, t he City will discon- tinue the book-entry system with DTC. If the City does not select another qualified 53 securities depository to replace DTC (or a successor depository) in order to continue a book-entry system, the City will register and deliver replacement Taxable Series 2025C Bonds in the form of fully registered certificates, in authorized denominations o f $5,000 or integral multiples of $5,000, in accordance with instructions from Cede & Co., as nom- inee for DTC. In the event that the City identifies a qualified securities depository to re- place DTC, the City will register and deliver replacement Taxable Series 2025C Bonds, fully registered in the name of such depository, or its nominee, in the denominations as set forth above, as reduced from time to time prior to maturity in connection with redemp- tions or retirements by call or payment, and in such event, such depository will then main- tain the book-entry system for recording ownership interests in the Taxable Series 2025C Bonds. Ownership interests in the Taxable Series 2025C Bonds may be purchased by or through Participants. Such Participants and the persons for whom they acquire interests in the Taxable Series 2025C Bonds as nominees will not receive certificated Taxable Series 2025C Bonds, but each such Participant will receive a credit balance in the records of DTC in the amount of such Participant’s interest in the Taxable Series 2025C Bonds, which will be confirmed in accordance with DTC’s standard procedures. Each such per- son for which a Participant has an interest in the Taxable Series 2025C Bonds, as nomi- nee, may desire to make arrangements with such Participant to have all notices of re- demption or other communications of the City to DTC, which may affect such person, forwarded in writing by such Participant and to have notification made of all interest pay- ments. The City will have no responsibility or obligation to such Participants or the persons for whom they act as nominees with respect to payment to or providing of notice for such Participants or the persons for whom they act as nominees. As used herein, the term “Beneficial Owner” shall hereinafter be deemed to include the person for whom the Participant acquires an interest in the Taxable Series 2025C Bonds. DTC will receive payments from the City, to be remitted by DTC to the Participants for subsequent disbursement to the Beneficial Owners. The ownership interest of each Ben- eficial Owner in the Taxable Series 2025C Bonds will be recorded on the records of the Participants whose ownership interest will be recorded on a computerized book -entry system kept by DTC. When reference is made to any action which is required or permitted to be taken by the Beneficial Owners, such reference shall only relate to those permitted to act (by stat- ute, regulation or otherwise) on behalf of such Beneficial Owners for such purposes. When notices are given, they shall be sent by the City to DTC, and DTC shall forward (or cause to be forwarded) the notices to the Participants so that the Participants can forward the same to the Beneficial Owners. Beneficial Owners will receive written confirmations of their purchases from the Partic- ipants acting on behalf of the Beneficial Owners detailing the terms of the Taxable Series 2025C Bonds acquired. Transfers of ownership interests in the Taxable Series 2025C Bonds will be accomplished by book entries made by DTC and the Participants who act on behalf of the Beneficial Owners. Beneficial Owners will not receive certificates repre- senting their ownership interest in the Taxable Series 2025C Bonds, except as specifically provided herein. Interest and principal will be paid when due by the City to DTC, then paid 54 by DTC to the Participants and thereafter paid by the Participants to the Beneficial Own- ers. Section 5. The Taxable Series 2025C Bonds shall be in substantially the [provided] form: Section 6. The Taxable Series 2025C Bonds shall be executed as herein provided as soon after the adoption of this resolution as may be possible, and thereupon they shall be delivered to the Registrar for registration, authentication and delivery to or on behalf of the Purchaser, upon receipt of the loan proceeds ($8,962,412.95) (the “Loan Pro- ceeds”), including net premium ($17,412.95), and all action heretofore taken in connec- tion with the Taxable Series 2025C Loan Agreement is hereby ratified and confirmed in all respects. A portion of the Loan Proceeds ($94,034.60) shall be retained by the Purchaser as the underwriter’s discount. A portion of the Loan Proceeds ($8,817,650.54) (the “Project Proceeds”) received from the sale of the Taxable Series 2025C Bonds shall be deposited in a dedicated fund (the “Project Fund”), which is hereby created, to be used for the payment of costs of th e Pro- ject, and to the extent that Project Proceeds remain after the full payment of the costs of the Project, such Proceeds, shall be transferred to the Debt Service Fund for the payment of interest on the Taxable Series 2025C Bonds. The remainder of the Loan Proceeds ($50,727.81) (the “Cost of Issuance Proceeds”), received from the sale of the Taxable Series 2025C Bonds shall be deposited in the Pro- ject Fund, and shall be used for the payment of costs of issuance of the Taxable Series 2025C Bonds, and to the extent that Cost of Issuance Proceeds remain after the full pay- ment of the costs of issuance of the Taxable Series 2025C Bonds, such Cost of Issuance Proceeds shall be transferred to the Debt Service Fund for the payment of interes t on the Taxable Series 2025C Bonds. The City shall keep a detailed and segregated accounting of the expenditure of, and investment earnings on, the Loan Proceeds. Section 7. For the purpose of providing for the levy and collection of a direct annual tax sufficient to pay the principal of and interest on the Taxable Series 2025C Bonds as the same become due, there is hereby ordered levied on all the taxable property in the City the following direct annual tax for collection in each of the following fiscal years: For collection in the fiscal year beginning July 1, 2025, sufficient to produce the net annual sum of $560,289; For collection in the fiscal year beginning July 1, 2026, sufficient to produce the net annual sum of $ 451,239; For collection in the fiscal year beginning July 1, 2027, sufficient to produce the net annual sum of $ 451,239; For collection in the fiscal year beginning July 1, 2028, sufficient to produce the net annual sum of $ 831,239; For collection in the fiscal year beginning July 1, 2029, sufficient to produce the net annual sum of $ 829,139; For collection in the fiscal year beginning July 1, 2030, sufficient to produce the net annual sum of $ 831,167; For collection in the fiscal year beginning July 1, 2031, sufficient to produce the net annual sum of $ 826,869; 55 For collection in the fiscal year beginning July 1, 2032, sufficient to produce the net annual sum of $ 826,069; For collection in the fiscal year beginning July 1, 2033, sufficient to produce the net annual sum of $ 828,769; For collection in the fiscal year beginning July 1, 2034, sufficient to produce the net annual sum of $ 830,489; For collection in the fiscal year beginning July 1, 2035, sufficient to produce the net annual sum of $ 830,754; For collection in the fiscal year beginning July 1, 2036, sufficient to produce the net annual sum of $ 829,539; For collection in the fiscal year beginning July 1, 2037, sufficient to produce the net annual sum of $ 826,819; For collection in the fiscal year beginning July 1, 2038, sufficient to produce the net annual sum of $ 827,569; For collection in the fiscal year beginning July 1, 2039, sufficient to produce the net annual sum of $ 826,819; For collection in the fiscal year beginning July 1, 2040, sufficient to produce the net annual sum of $ 829,569; For collection in the fiscal year beginning July 1, 2041, sufficient to produce the net annual sum of $ 830,569; For collection in the fiscal year beginning July 1, 2042, sufficient to produce the net annual sum of $ 828,925; and For collection in the fiscal year beginning July 1, 2043, sufficient to produce the net annual sum of $ 830,488. Section 8. A certified copy of this resolution shall be filed with the County Auditor of Dubuque County, and the County Auditor is hereby instructed to enter for collection and assess the tax hereby authorized. When annually entering such taxes for collection, the County Auditor shall include the same as a part of the tax levy for Debt Service Fund purposes of the City and when collected, the proceeds of the taxes shall be converted into the Debt Service Fund of the City and set aside therein as a special a ccount to be used solely and only for the payment of the principal of and interest on the Taxable Series 2025C Bonds hereby authorized and for no other purpose whatsoever. Pursuant to the provisions of Section 76.4 of the Code of Iowa, each year while the Taxable Series 2025C Bonds remain outstanding and unpaid, any funds of the City which may lawfully be applied for such purpose, including incremental property tax revenues as provided for in Section 403.19 of the Code of Iowa, may be appropriated, budgeted and, if received, used for the payment of the principal of and interest on the Taxable Series 2025C Bonds as the same become due, and if so appropriated, the taxes for any given fiscal year as provided for in Section 7 of this Resolution, shall be reduced by the amount of such alternate funds as have been appropriated for said purpose and evidenced in the City’s budget. The City hereby reaffirms its intent to budget and appropriate incremental property tax revenues for the payment of some or all of the portion of principal of and interest on the Taxable Series 2025C Bonds attributable to the Project identified in the preamble hereof. Section 9. The interest or principal and both of them falling due in any year or years shall, if necessary, be paid promptly from current funds on hand in advance of taxes levied 56 and when the taxes shall have been collected, reimbursement shall be made to such current funds in the sum thus advanced. Section 10. It is the intention of the City that the interest on the Taxable Series 2025C Bonds be and remain exempt from the taxes imposed by Subchapter II (Personal Net Income Tax) and Subchapter III (Business Tax on Corporations) of Chapter 422 of the Code of Iowa, as amended. The City hereby declares that the Taxable Series 2025C Bonds are being issued solely for the urban renewal purposes of the City pursuant to the authority granted in Section 403.12 of the Code of Iowa and under the urban renewal plan for the Greater Downtown Urban Renewal Area. Furthermore, the City covenants to use the proceeds from the issuance of the Taxable Series 2025C Bonds strictly for the carry- ing out of urban renewal projects in the Greater Downtown Urban Renewal Area as set forth in the preamble hereof. Section 11. The Securities and Exchange Commission (the “SEC”) has promulgated certain amendments to Rule 15c2-12 under the Securities Exchange Act of 1934 (17 C.F.R. § 240.15c2-12) (the “Rule”) that make it unlawful for an underwriter to participate in the primary offering of municipal securities in a principal amount of $1,000,000 or more unless, before submitting a bid or entering into a purchase contract for the bonds, an underwriter has reasonably determined that the issuer or an obligated person has u nder- taken in writing for the benefit of the bondholders to provide certain disclosure information to prescribed information repositories on a continuing basis or unless and to the extent the offering is exempt from the requirements of the Rule. On the date of issuance and delivery of the Taxable Series 2025C Bonds, the City will execute and deliver a Continuing Disclosure Certificate pursuant to which the City will undertake to comply with the Rule. The City covenants and agrees that it will comply with and carry out the provisions of the Continuing Disclosure Certificate. Any and all of the officers of the City are hereby authorized and directed to take any and all actions as may be necessary to comply with the Rule and the Continuing Disclosure Certificate. Section 12. The Mayor and the City Clerk are authorized to execute and deliver any and all documents required by bond counsel to effectuate the purposes of this resolution and to issue the Taxable Series 2025C Bonds, including without limitation purchase agreements and closing certificates. Section 13. All resolutions or parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Section 14. This resolution shall be in full force and effect immediately upon its ap- proval and adoption, as provided by law. Passed and approved February 17, 2025. Brad M. Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk 3. Dubuque Gate & Pump Station Flood Mitigation (16th St Detention Basin) - Award Public Improvement Construction Contract: Motion by Roussell to receive and file the documents and adopt Resolution No. 68-25 Awarding Public Improvement Construction Contract for The Dubuque Gate & Pump Station Flood Mitigation (16th St Detention Ba- sin). Seconded by Jones. The City Council expressed appreciation to the city’s federal partners in ensuring the city received previously committed federal funds for this project. Motion carried 7-0. 57 RESOLUTION NO. 68-25 AWARDING PUBLIC IMPROVEMENT CONSTRUCTION CONTRACT FOR THE DUBUQUE GATE & PUMP STATION FLOOD MITIGATION (16TH ST DETENTION BA- SIN) Whereas, sealed proposals have been submitted by contractors for the Dubuque Gate & Pump Station Flood Mitigation (16th St Detention Basin), (the Project) pursuant to Res- olution No. 410-24 and Notice to Bidders published on the City of Dubuque, Iowa website, Iowa League of Cities Website, and Master Builders/Construction Update plan room ser- vice with statewide circulation on the 17th day of December 2024; and Whereas, said sealed proposals were opened and read on the 28th day of January 2025 and it has been determined that Portzen Construction, Inc. of Dubuque, Iowa, in the bid amount of $26,557,106.00, is the lowest responsive, responsible bidder for the Pro- ject. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That a Public Improvement Contract for the Project is hereby awarded to Portzen Construction, Inc. and the City Manager is hereby directed to execute a Public Improvement Contract on behalf of the City of Dubuque for the Project. Passed, approved, and adopted this 17th day of February 2025. Brad M. Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk 4. 2025 Healthy Homes Production Grant Award: Motion by Roussell to receive and file the documents and adopt Resolution No. 69 -25 Retroactively Authorizing The Filing Of A HUD-1044 Assistance Award For The Healthy Homes Production Grant With The United States Department Of Housing And Urban Developmen t. Seconded by Wethal. City Council Members emphasized the significance of the grant. Motion carried 7 -0. RESOLUTION NO. 69-25 RETROACTIVELY AUTHORIZING THE FILING OF A HUD-1044 ASSISTANCE AWARD FOR THE HEALTHY HOMES PRODUCTION GRANT WITH THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Whereas, applications for certifications, funding, and grants are set by outside entities and outside the control of the City; and Whereas, the deadlines set by outside entities do not always coincide with the meet- ings of the City Council; and Whereas, the City was provided the Healthy Homes Production HUD-1044 Assistance Award from the U.S. Department of Housing and Urban Development on February 5th, 2025 with a deadline of February 6th, 2025; and Whereas, the City Manager signed the form and seeks retroactive approval of the HUD-1044 Assistance Award from the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 58 Section 1. The Healthy Homes Production HUD-1044 Assistance Award submitted to the United States Department of Housing and Urban Development is approved retroactive to February 6th, 2025. Passed, approved and adopted this 17th day of February 2025. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 5. 2025 Older Adult Home Modification Grant Award: Motion by Roussell to receive and file the documents and adopt Resolution No. 70 -25 Retroactively Authorizing The Filing Of A HUD-1044 Assistance Award For The Older Adult Home Modification Grant With The United States Department Of Housing And Urban Development. Seconded by Wethal. City Council Members summarized the positive impacts of the grant program on its recipients. Motion carried 7-0. RESOLUTION NO. 70-25 RETROACTIVELY AUTHORIZING THE FILING OF A HUD-1044 ASSISTANCE AWARD FOR THE OLDER ADULT HOME MODIFICATION GRANT WITH THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Whereas, applications for certifications, funding, and grants are set by outside entities and outside the control of the City; and Whereas, the deadlines set by outside entities do not always coincide with the meet- ings of the City Council; and Whereas, the City was provided the Older Adult Home Modification Grant HUD -1044 Assistance Award from the U.S. Department of Housing and Urban Development on Feb- ruary 6th, 2025 with a deadline of February 7th, 2025; and Whereas, the City Manager signed the form and seeks retroactive approval of the HUD-1044 Assistance Award from the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Older Adult Home Modification Grant HUD-1044 Assistance Award submitted to the United States Department of Housing and Urban Development is ap- proved retroactive to February 6th, 2025. Passed, approved and adopted this 17th day of February 2025. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 6. Departmental Name Changes, Code of Ordinances Updates: Motion by Resnick to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Farber. Motion carried 7-0. Motion by Resnick for final consideration and passage of Ordinance No. 5-25 Amend- ing City Of Dubuque Code Of Ordinances: • Title 2 Boards And Commissions, Chapter 4 Civic Center Advisory Commission, Section 2-4-2 Purpose • Title 9, Motor Vehicles And Traffic, Chapter 7 Operation, Division 3 Operation Of Motorcycles And Motorized Bicy- cles, Section 9-7-321.275a Use Of Bicycles, Motorcycles In Parks • Title 10 Public Ways And Property, Chapter 5 Parks And Recreation, Article B Use Regulations, Section 10 - 5b-1 Definitions • Title 10 Public Ways And Property, Chapter 5 Parks And Recreation, 59 Article B Use Regulations, Section 10-5b-3 Horsedrawn Vehicles, Riding Of Animals Re- stricted • Title 10 Public Ways And Property, Chapter 5 Parks And Recreation, Article B Use Regulations, Section 10-5b-16 Meetings And Gatherings • Title 10 Public Ways And Property, Chapter 5 Parks And Recreation, Article B Use Regulations, Section 10 -5b-22 Open Season And Hours Generally; and Ordinance No. 6-25 Amending City Of Dubuque Code Of Ordinances: • Title 1 Administration, Chapter 7 City Officers And Employees, Section 1-7-1 Bonds Of Officers And Employees • Title 2 Boards And Commissions, Chapter 3 Investment Oversight Advisory Commission, Section 2 -3-13 Powers • Title 2 Boards And Commissions, Chapter 3 Investment Oversight Advisory Commission, Sec- tion 2-3- 14 Reports Provided • Title 12 Airport, Chapter 4 Airport Commission, Section 12- 4-13 Powers • Title 13 Public Utilities, Chapter 4 Stormwater Management, Section 13-4-13 Expenses Of Collection Of Charges. Seconded by Farber. Motion carried 7-0. ORDINANCE NO. 5-25 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES: TITLE 2 BOARDS AND COMMISSIONS, CHAPTER 4 CIVIC CENTER ADVISORY COMMISSION, SECTION 2- 4-2 PURPOSE, TITLE 9, MOTOR VEHICLES AND TRAFFIC, CHAPTER 7 OPERA- TION, DIVISION 3 OPERATION OF MOTORCYCLES AND MOTORIZED BICYCLES, SECTION 9-7-321.275A USE OF BICYCLES, MOTORCYCLES IN PARKS , TITLE 10 PUBLIC WAYS AND PROPERTY, CHAPTER 5 PARKS AND RECREATION, ARTICLE B USE REGULATIONS, SECTION 10-5B-1 DEFINITIONS, TITLE 10 PUBLIC WAYS AND PROPERTY, CHAPTER 5 PARKS AND RECREATION, ARTICLE B USE REGU- LATIONS, SECTION 10-5B-3 HORSEDRAWN VEHICLES, RIDING OF ANIMALS RE- STRICTED, TITLE 10 PUBLIC WAYS AND PROPERTY, CHAPTER 5 PARKS AND RECREATION, ARTICLE B USE REGULATIONS, SECTION 10-5B-16 MEETINGS AND GATHERINGS, TITLE 10 PUBLIC WAYS AND PROPERTY, CHAPTER 5 PARKS AND RECREATION, ARTICLE B USE REGULATIONS, SECTION 10-5B-22 OPEN SEASON AND HOURS GENERALLY NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 2-4-2 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 2-4-2: PURPOSE: The purpose of the commission is to advise the parks and recrea- tion department, the city manager, and the city council and to make recommendations for the optimum utilization of the civic center facility by the widest possible range of users and uses to respond to community needs and demands at the least possible cost to the city. Section 2. Section 9-7-321.275A of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 9-7-321.275A: USE OF BICYCLES, MOTORCYCLES IN PARKS: . . . . E. It shall be unlawful for any car, truck, motorcycle, or any other type of motorized vehicle to drive on and/or park on any grass area, sidewalk, or trail in any park, recreation facility, or trail except with the express permission of the parks and recreat ion director's designee. . . . . 60 Section 3. Section 10-5B-1 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 10-5B-1: DEFINITIONS: As used in this article, the following terms shall have the following meanings: . . . . PARKS AND RECREATION DIRECTOR: Parks and Recreation Director or Parks and Recreation Director's designee. . . . . Section 4. Section 10-5B-3 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 10-5B-3: HORSEDRAWN VEHICLES, RIDING OF ANIMALS RESTRICTED: Horsedrawn vehicles or the riding of horses or any other domesticated animals used for such purposes is prohibited in any park, parkway, trail, or open space unless permis- sion is granted by the Parks and Recreation Director and thereafter authorized throug h the issuance of a City special events permit under chapter 4 of this title. Section 5. Section 10-5B-16 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 10-5B-16: MEETINGS AND GATHERINGS: Parks, parkways, trails, open spaces, or portions thereof, are available for reservation for group gatherings during the open park season by contacting the Parks and Recreation Department Office. Such reservations can be made twenty-three (23) months in advance. Parks, parkways, trails, open spaces, or portions thereof, shall be cleaned up after use by the party reserving the same. Litter, cans, paper, waste and refuse shall be deposited in receptacles provided therefor. Section 6. Section 10-5B-22 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 10-5B-22: OPEN SEASON AND HOURS GENERALLY: . . . . H. The following parks, parkways, trails, open spaces, and park and recreation facilities will be open for use by the public from seven o'clock (7:00) A.M. to ten o'clock (10:00) P.M. daily, unless alternate/extended times/hours have been approved by the Park s and Recreation Director, through a special events permit or conditions of a City rental reser- vation: . . . . Section 7. This ordinance shall take effect upon publication. Passed, approved, and adopted this 17th day of February 2025. Brad Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk ORDINANCE NO. 6-25 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES: TITLE 1 ADMINISTRA- TION, CHAPTER 7 CITY OFFICERS AND EMPLOYEES, SECTION 1 -7-1 BONDS OF OFFICERS AND EMPLOYEES, TITLE 2 BOARDS AND COMMISSIONS, CHAPTER 3 INVESTMENT OVERSIGHT ADVISORY COMMISSION, SECTION 2 -3-13 POWERS, TITLE 2 BOARDS AND COMMISSIONS, CHAPTER 3 INVESTMENT OVERSIGHT AD- VISORY COMMISSION, SECTION 2-3-14 REPORTS PROVIDED, TITLE 12 AIRPORT, CHAPTER 4 AIRPORT COMMISSION, SECTION 12-4-13 POWERS, TITLE 13 PUBLIC 61 UTILITIES, CHAPTER 4 STORMWATER MANAGEMENT, SECTION 13-4-13 EX- PENSES OF COLLECTION OF CHARGES NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 1-7-1 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 1-7-1: BONDS OF OFFICERS AND EMPLOYEES: A. Certain Officers: The following officers of the city shall give official bonds in the following penal sums, the premium being paid by the city, in the form set forth in section 64.2 of the code of Iowa: City Manager, $1,000,000.00 Chief Financial Officer, 1,000,000.00 City Treasurer, 1,000,000.00 . . . . Section 2. Section 2-3-13 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 2-3-13: POWERS: The commission has the following powers, duties, and responsi- bilities: A. To review the actions and decisions of the Chief Financial Officer and the city's money managers for compliance with the city's investment policy and report any noncompliance to the city council; . . . . Section 3. Section 2-3-14 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 2-3-14: REPORTS PROVIDED: The Chief Financial Officer must provide the com- mission with monthly, quarterly, and annual reports prepared by the Chief Financial Officer and the city's financial advisors. Section 4. Section 12-4-13 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 12-4-13: POWERS: . . . . B. All funds derived from taxation or otherwise for airport purposes are under the control of the commission for the purposes of management, operation, and control of the airport and must be deposited with the Chief Financial Officer to the credit of the commission and must be disbursed only on the written warrant or order of the commission including the payment of all indebtedness arising from the acquisition and construction of airports and the maintenance, operation, and extension thereof. Section 5. Section 13-4-13 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 13-4-13: EXPENSES OF COLLECTION OF CHARGES: The incremental cost of collecting and accounting for all stormwater management charges, including rea- sonable compensation to the city treasurer; the maintenance of all books and rec- ords; the employment of necessary personnel; the cost of all books, record s, mate- rials and supplies; the obtaining and maintaining of all office and storage space; and all other costs and expenses reasonably necessary in connection therewith or inci- dental thereto, shall be a part of the cost of operating the stormwater utility and shall 62 be incurred when the city treasurer, in the exercise of his or her judgment, shall so determine. The incremental cost thereof shall be deducted by the Chief Financial Officer, upon his or her certification as to the amount thereof, from the remittance to which it relates, subject to the condition that any proposed change in any method of computing such incremental cost may be effective prospectively only and only after such proposed change shall have been submitted to and approved by the city coun- cil. Section 6. This ordinance shall take effect upon publication. Passed, approved, and adopted this 17th day of February 2025. Brad Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk 7. Work Session Request: Public Presentation of the Sports Complex Feasibility Study : Motion by Wethal to receive and file the documents and schedule the work session for 5:15 p.m. on March 17, 2025. Seconded by Jones. Motion carried 7 -0. COUNCIL MEMBER REPORTS Roussell reported on attending a recent performance of the Dubuque Symphony Or- chestra and congratulated Maestro William Intriligator on recently receiving the Telegraph Herald’s First Citizen award. Roussell also shared that she recently met with Wanderwood Gardens Director Jared McGovern to learn about progress on the gardens and attended the Dubuque County business competition. Wethal reported on attending the Battle for the Bluff Rodeo. Farber reported on also attending a Dubuque Symphony Orchestra performance and an Information Technology and Communications (ITC) Committee meeting for the Na- tional League of Cities (NLC). Jones reported on attending the Regional Emergency Medical Training Center’s an- nual fundraiser. Resnick reported on the upcoming jazz festival hosted by Dubuque Community School District. Cavanagh reported on the winter arts snow sculpting festival, upcoming travel to Des Moines to meet with state legislators, the upcoming Local Leaders Day, and planned trips to Washington, D.C., and Quebec, where he will speak about the Bee Branch project. CLOSED SESSION Motion by Jones to convene in closed session at 8:22 p.m. to discuss Pending Litiga- tion and Purchase or Sale of Real Estate – Chapter 21.5(1)(c),(j) Code of Iowa. Seconded by Resnick. Mayor Cavanagh 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 7-0. The City Council reconvened in open session at 9:27 p.m. stating that staff had been given proper direction. 63 ADJOURNMENT There being no further business, Mayor Cavanagh declared the meeting adjourned at 9:27 p.m. /s/Adrienne N. Breitfelder, CMC, City Clerk