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4 05 21 City Council Proceedings Official_Special and RegularCITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 5:30 p.m. on April 5, 2021. Due to the COVID-19 pandemic and mandates for social distancing, this meeting was conducted virtually via GoToMeeting and aired live on CityChannel Dubuque (Mediacom cable channels 8 and 117.2), streamed live on the City's website at www.citvofdubu- que.orq/media, and streamed live on the City's Facebook page at www.face- book.com/cityofdu bug ue. Present: Mayor Buol; Council Members Cavanagh, Farber, Jones, Resnick, Roussell, Sprank; City Manager Van Milligen, City Attorney Brumwell. Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of conducting a work session on the COVID-19 Pandemic Monthly Up- date. WORK SESSION COVID-19 PANDEMIC MONTHLY UPDATE City staff and network partners provided updates on the internal and community -facing responses to the COVID-19 pandemic. • Community COVID-19 Update & Communication Response: Mary Rose Corrigan, Public Health Specialist and Alexis Steger, Housing & Community Development Di- rector • Update on vaccine distribution, including GRC POD, call center and outreach to marginalized communities: Rick Steines, Fire Chief; Cori Burbach, Assistant City Manager; and Kelly Larson, Human Rights Director • American Rescue Plan Update: Teri Goodmann, Director of Strategic Partnerships • Community Partner Presentations: Jenna Manders, Director of Strategic Relations at the Community Foundation of Greater Dubuque. Rick Dickinson, President/CEO of Greater Dubuque Development Corporation was also on the call to answer any questions. There being no further business, Mayor Buol declared the meeting adjourned at 6:07 p.m. /s/Adrienne N. Breitfelder, City Clerk CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on April 5, 2021. Due to the COVID-19 pandemic and mandates for social distancing, this meeting was conducted virtually and aired live on CityChannel Dubuque (Mediacom cable channels 8 and 117.2), streamed live on the City's website at www.citvofdubuque.org/media, and streamed live on the City's Facebook page at www.facebook.com/citvofdubugue. Present: Mayor Buol; Council Members Cavanagh, Farber, Jones, Resnick, Roussell, Sprank; City Manager Van Milligen, City Attorney Brumwell Mayor Buol read the call and stated this is a regular session of the City Council called for the purpose of conducting such business that may properly come before the City Council. PLEDGE OF ALLEGIANCE PROCLAMATION(S) 1. Autism Acceptance Month Proclamation (April 2021) was accepted by Laura Keehner, Director of Autism Services for Hills and Dales. 2. Sexual Assault Awareness Month Proclamation (April 2021) was accepted by Kar- lene Clark, Sexual Assault Advocate for the Riverview Center. 3. National Animal Care and Control Appreciation Week Proclamation (April 11-17, 2021) was accepted by McKinzie Flanagan, Animal Control Officer for the City of Dubu- que Health Services Department. 4. Girl Scout Tree Promise Day Proclamation (April 22, 2021) was accepted by Nellie Welsh, Dubuque Regional Program Manager for the Girl Scouts of Eastern Iowa and Western Illinois. 5. Arbor Day Proclamation (April 30, 2021) was accepted by Hobie Woods, Vice Pres- ident of Dubuque Trees Forever. CONSENT ITEMS Council Member Farber requested Item Nos. 10 and 11 be held for separate discus- sion. Motion by Resnick to receive and file the documents, adopt the resolutions, and dispose of as indicated, except for Item Nos. 10 and 11. Seconded by Roussell. Motion carried 7-0. 1. Minutes and Reports Submitted: City Council Proceedings of 3/3, 3/4, 3/8, 3/9, 3/11, 3/15, 3/22, and 3/24; Arts and Cultural Affairs Commission of 2/23; Civil Service Commis- sion of 3/15; Community Development Advisory Commission of 3/2 and 3/17; Historic 2 Preservation Commission of 3/18; Housing Commission of 3/23; Proof of Publication for City Council Proceedings of 3/1, 3/3, 3/4, 3/8, 3/9, and 3/11; Proof of Publication for List of Claims and Summary of Revenues for the Month Ended February 28, 2021. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: Clyde Kay for vehicle damage, Jaylin Inc. for property damage. Upon motion the documents were received, filed, and referred to the City Attor- ney. 3. Disposition of Claims: City Attorney advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities As- surance Pool: Clyde Kay for vehicle damage, Jaylin Inc. for property damage. Upon mo- tion the documents were received, filed, and concurred. 4. Approval of City Expenditures: City Manager recommended City Council approval for payment of City expenditures. Upon motion the documents were received and filed, and Resolution No. 90-21 Authorizing the Director of Finance and Budget/City Treasurer to make certain payments of bills that must be paid and approved for payment in accord- ance with City procedures was adopted. RESOLUTION NO. 90-21 AUTHORIZING THE DIRECTOR OF FINANCE AND BUDGET / CITY TREASURER TO MAKE CERTAIN PAYMENTS OF BILLS THAT MUST BE PAID AND APPROVED FOR PAYMENT IN ACCORDANCE WITH CITY PROCEDURES Whereas, Section 1-7-7(E) of the Municipal Code of the City of Dubuque provides that the Finance Director -City Treasurer shall keep an accurate account of all disbursements, money, or property, specifying date, to whom, and from what fund paid; and Whereas, the invoices, presented by those firms and persons providing such goods and services have been pre -audited by Finance Department personnel in accordance with generally accepted internal control procedures and have been determined to have been requisitioned for a lawful municipal purpose; and Whereas, the Finance Director -City Treasurer has provided a list of Expenditures at- tached hereto, and by this reference made a part hereof, to be drawn to pay for goods and services provided for City purposes; and Whereas, the City Council of the City of Dubuque has heretofore, by Resolution 142- 18 adopted May 7, 2018, authorized the Finance Director -City Treasurer to issue checks in payment of certain expenditures known as Exception Expenditures prior to City Council approval and such list is attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The Finance Director -City Treasurer is hereby authorized to issue payment for goods and services provided for City purposes in response to the purchase orders and contracts issued in compliance with state and municipal code requirements as re- quested by designated requisitioning authorities in accordance with approved budget ap- propriations. Section 2. In accordance with Iowa Code Section 372.13(6), the City Clerk and Finance 3 Director are hereby authorized and directed to provide the statement of receipts and dis- bursements to the City Council, and to publish a summary thereof. Passed, approved, and adopted this 5t" day of April 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 5. Minority -Owned Business Support - Efforts and Partnerships: City Manager provided an update on City efforts to support minority owned businesses in Dubuque through pro- gramming and partnerships. Upon motion the documents were received and filed. 6. State of Iowa Business Financial Assistance Contract by and among Simmons Pet Food, Inc., the City of Dubuque, and the Iowa Economic Development Authority: City Manager recommended approval of an Economic Development Assistance Contract by and among Simmons Pet Food, Inc., the City of Dubuque, and the Iowa Economic De- velopment Authority for the expansion of Simmons Pet Food, Inc.'s operations in the City of Dubuque. Upon motion the documents were received and filed, and Resolution No. 91- 21 Approving the contract for State Business Financial Assistance by and among Sim- mons Pet Food, Inc., the City of Dubuque, Iowa, and the Iowa Economic Development Authority was adopted. RESOLUTION NO. 91-21 APPROVING THE CONTRACT FOR STATE BUSINESS FINANCIAL ASSISTANCE BY AND AMONG SIMMONS PET FOOD, INC., THE CITY OF DUBUQUE, IOWA, AND THE IOWA ECONOMIC DEVELOPMENT AUTHORITY Whereas, Simmons Pet Food, Inc. is an Arkansas corporation operating a global work- force of seven thousand three hundred fifty employees; and Whereas, Simmons Pet Food, Inc. has proposed making a nearly Eighty Million Dollar ($80,000,000.00) investment in building purchase and improvements, equipment pur- chase, and site acquisition and development in the City of Dubuque which will allow the creation of two hundred seventy-one (271) full-time jobs in the City (the Project); and Whereas, the City Council of the City of Dubuque, Iowa has considered the proposal and has determined that the proposed Project will contribute to the local economy; and Whereas, financial assistance from the Iowa Economic Development Authority is de- signed to assist in the economic development efforts of local jurisdictions; and Whereas, the Iowa Economic Development Authority has requested execution of an Economic Development Assistance Contract in order to finalize incentives and document associated terms for the improvements of Simmons Pet Food, Inc. for the proposed Pro- ject; and Whereas, the City Council finds that approval by the City of Dubuque of Economic Development Assistance Contract 21-HQJP-017 between and among Simmons Pet Food, Inc., the City of Dubuque, and the Iowa Economic Development Authority, a copy of which is attached hereto, is in the best interest of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Economic Development Assistance Contract 21-HQJP-017 is hereby approved. 51 Section 2. That the Mayor is hereby authorized to execute and the City Manager is hereby directed to submit the Economic Development Assistance Contract 21-HQJP-017 to the Iowa Economic Development Authority together with such other documents as may be required. Passed, approved, and adopted this 5t" day of April 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 7. Nomination of Voices Studios for Lowes' 100 Hometown Funding Opportunity: City Manager recommended support for the nomination of the Voices Productions' Voices Studio project for the Lowe's 100 Hometown funding opportunity to be used for renovation of their recently purchased property at 1585 Central Avenue. Upon motion the documents were received, filed, and approved. 8. Proceedings to Complete Action on Issuance of $22,138,000 General Obligation Annual Appropriation Refunding Capital Loan Notes, Series 2021: City Manager recom- mended approval of the suggested proceedings to complete action required on the $22,138,000 General Obligation Annual Appropriation Refunding Capital Loan Notes pre- pared by Bond Counsel and to present a resolution for City Council to adopt. Upon motion the documents were received and filed, and Resolution No. 92-21 Approving and author- izing a form of Loan and Disbursement Agreement by and between the City of Dubuque, Iowa, and the Iowa Finance Authority, and authorizing and providing for the issuance and securing the payment of $22,138,000 General Obligation Annual Appropriation Refunding Capital Loan Notes, Series 2021, and providing for a method of payment of said Notes; Approval of the Tax Exemption Certificate was adopted. RESOLUTION NO. 92-21 APPROVING AND AUTHORIZING A FORM OF LOAN AND DISBURSEMENT AGREE- MENT BY AND BETWEEN THE CITY OF DUBUQUE, IOWA AND THE IOWA FINANCE AUTHORITY, AND AUTHORIZING AND PROVIDING FOR THE ISSUANCE AND SE- CURING THE PAYMENT OF $22,138,000 GENERAL OBLIGATION ANNUAL APPRO- PRIATION REFUNDING CAPITAL LOAN NOTES, SERIES 2021, OF THE CITY OF DUBUQUE, IOWA, UNDER THE PROVISIONS OF THE CODE OF IOWA, AND PROVIDING FOR A METHOD OF PAYMENT OF SAID NOTES; APPROVAL OF THE TAX EXEMPTION CERTIFICATE Whereas, the Issuer is duly incorporated, organized and exists under and by virtue of the laws and Constitution of the State of Iowa; and Whereas, the Issuer is in need of funds to pay costs associated with the settlement, adjustment, renewing, or extension of any part or all of the legal indebtedness of a city, whether evidenced by bonds, warrants, or judgments, or the funding or refunding of the same, including the Stormwater Revenue Capital Loan Notes, Series 2015B, dated June 19, 2015, and amended September 8, 2017, and it is deemed necessary and advisable that a form of Loan Agreement be approved and authorized and General Obligation An- nual Appropriation Refunding Capital Loan Notes, Series 2021, in the amount of $22,138,000 be issued for said purpose; and Whereas, pursuant to notice published as required by Sections 384.24, 384.24A and 5 384.25 of the City Code of Iowa, as amended, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of the Notes, and the Council is therefore now authorized to proceed with the issuance of the Notes; and Whereas, the Notes are subject to the right of Non -appropriation by the City Council in each fiscal year. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Definitions. The following terms shall have the following meanings in this Resolution unless the text expressly or by necessary implication requires otherwise: Annual Appropriation" shall mean the affirmative, discretionary act of the City Council of Dubuque, Iowa, the process for such act as is set out in Section 3 of this Resolution. • "Agreement" shall mean a Loan and Disbursement Agreement dated as of the Clos- ing between and among the City and the Original Purchaser, relating to the Loan made to the City under the Program. • "Closing" shall mean the date of delivery of the Note to the Original Purchaser and the funding of the Loan by the Original Purchaser. • "Department" shall mean the Iowa Department of Natural Resources. • "Issuer" and "City" shall mean the City of Dubuque, Iowa. • "Loan" shall mean the principal amount allocated by the Original Purchaser to the City under the Program, equal in amount to the principal amount of the Notes. • "Non -appropriation" shall mean the absence of an Annual Appropriation. • "Notes" shall mean $22,138,000 General Obligation Annual Appropriation Refund- ing Capital Loan Notes, Series 2021, authorized to be issued by this Resolution. • "Original Purchaser" shall mean the Iowa Finance Authority, as the purchaser of the Notes from Issuer at the time of their original issuance. • "Paying Agent" shall mean the Director of Finance & Budget, or such successor as may be approved by Issuer as provided herein and who shall carry out the duties prescribed herein as Issuer's agent to provide for the payment of principal of and interest on the Notes as the same shall become due. • "Program" shall mean the Iowa Water Pollution Control Works Financing Program undertaken jointly by the Original Purchaser and the Department. • "Project" shall mean the settlement, adjustment, renewing, or extension of any part or all of the legal indebtedness of a city, whether evidenced by bonds, warrants, or judgments, or the funding or refunding of the same, including the Stormwater Rev- enue Capital Loan Notes, Series 2015B, dated June 19, 2015, and amended Sep- tember 8, 2017. • "Project Fund" shall mean the Loan Account maintained under the Program for the benefit of the Issuer, into which the proceeds of the Loan and the Note shall be allocated and held until disbursed to pay Project costs. • "Registrar" shall mean the Director of Finance & Budget, or such successor as may be approved by Issuer as provided herein and who shall carry out the duties pre- scribed herein with respect to maintaining a register of the owners of the Notes. Unless otherwise specified, the Registrar shall also act as Transfer Agent for the Notes. • "Tax Exemption Certificate" shall mean the Tax Exemption Certificate executed by the Director of Finance & Budget and delivered at the time of issuance and delivery 0 of the Notes. • "Treasurer" shall mean the Director of Finance & Budget or such other officer as shall succeed to the same duties and responsibilities with respect to the recording and payment of the Notes issued hereunder. Section 2. Loan Agreement. The form of Loan and Disbursement Agreement in sub- stantially the form attached to this Resolution is hereby approved and is authorized to be executed and issued on behalf of the Issuer by the Mayor and attested by the City Clerk. Section 3. Levy and Certification of Annual Tax; Other Funds to be Used. (a) Levy of Annual Tax. The City Council shall, in each adopted budget while the Notes are outstanding, determine whether or not the City will appropriate funds for payment of principal and interest on the Notes during the fiscal year covered by the budget then under consideration. If the adopted budget includes provision for pay- ment of principal and interest on the Notes for said fiscal year, then no Non -appro- priation has occurred. If the budget adopted does not provide for payment of princi- pal and interest on the Notes for the fiscal year covered by the budget, then an act of Non -appropriation has occurred. THE ISSUER'S OBLIGATION TO MAKE PAYMENTS OF INTEREST AND PRINCI- PAL IN RESPECT OF THIS NOTE SHALL BE SUBJECT AT ALL TIMES TO NON -AP- PROPRIATION BY THE CITY COUNCIL OF THE ISSUER. IN THE EVENT THAT FUNDS ARE NOT BUDGETED AND APPROPRIATED BY THE CITY COUNCIL OF THE ISSUER IN ANY FISCAL YEAR IN AN AMOUNT SUFFICIENT TO MEET THE PAY- MENTS OF INTEREST AND PRINCIPAL DUE HEREUNDER, THE ISSUER SHALL HAVE THE RIGHT TO TERMINATE ITS OBLIGATIONS UNDER THIS NOTE WITH RE- SPECT TO FUTURE PAYMENTS OF INTEREST AND PRINCIPAL THEREON WITH- OUT PENALTY, BY GIVING NOT LESS THAN THIRTY (30) DAYS WRITTEN NOTICE TO THE ORIGINAL PURCHASER (AS DEFINED IN THE RESOLUTION) OF THE LACK OF CONTINUED FUNDING, AND THE ISSUER'S OBLIGATIONS UNDER THIS NOTE SHALL BECOME NULL AND VOID ON THE LAST DAY OF THE FISCAL YEAR FOR WHICH THE NECESSARY FUNDS WERE APPROPRIATED. UPON THE OCCUR- RENCE OF ANY SUCH NON -APPROPRIATION, ISSUER SHALL NOT BE OBLIGATED TO MAKE PAYMENT OF ANY ADDITIONAL AMOUNTS IN RESPECT OF PRINCIPAL AND INTEREST ON THE NOTE BEYOND THOSE FUNDS WHICH HAVE BEEN SO APPROPRIATED, AND THE ISSUER SHALL NOT BE LIABLE TO THE ORIGINAL PUR- CHASER (OR ANY OTHER ASSIGNEE OR HOLDER OF THE NOTE) FOR ANY RE- MAINING AMOUNTS DUE UNDER THE NOTE OR FOR ANY COSTS, DAMAGES (IN- CLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES) OR EXPENSES IN- CURRED BY THE ORIGINAL PURCHASER (OR ANY OTHER ASSIGNEE OR HOLDER OF THE NOTE) AS A RESULT OF THE EXERCISE BY THE ISSUER OF THE FORE- GOING RIGHT OF NON -APPROPRIATION. Subject to such Non -appropriation, there is hereby levied for each future year the fol- lowing direct annual tax on all of the taxable property in the City of Dubuque, Iowa, to -wit FISCAL YEAR (JULY 1 TO JUNE 30) Amount Year of Collec- tion $1,468,663.92** 2020/2021 $1,474,469.00* 2021 /2022 $1,476,168.60* 2022/2023 $1,476,108.70* 2023/2024 $1,475,805.70* 2024/2025 $1,476,259.60* 2025/2026 $1,476,456.10* 2026/2027 $1,476,395.20* 2027/2028 $1,476,076.90* 2028/2029 $1,476,501.20* 2029/2030 $1,475,653.80* 2030/2031 $1,475,549.00* 2031/2032 $1,476,172.50* 2032/2033 $1,476,510.00* 2033/2034 $1,476,561.50* 2034/2035 $1,476,327.00* 2035/2036 $1,475,806.50* 2036/2037 ** Payable from cash on hand *These levies are subject to Non -ap- propriation. (NOTE: For example the levy to be made and certified against the taxable valuations of January 1, 2021, will be collected during the fiscal year commencing July 1, 2022). (b) Resolution to be Filed With County Auditor. A certified copy of this Resolution shall be filed with the County Auditor of Dubuque County Iowa, and the Auditor is hereby instructed, subject to Nonappropriation, in and for each of the years as pro- vided, to levy and assess the tax hereby authorized in Section 3 of this Resolution, in like manner as other taxes are levied and assessed, and such taxes so levied in and for each of the years aforesaid be collected in like manner as other taxes of the City are collected, and when collected be used for the purpose of paying principal and interest on said Notes issued in anticipation of the tax, and for no other purpose whatsoever. (c) The City currently intends to abate all or a portion of the levy necessary to pay the Notes out of available sales tax increment and stormwater revenues (to the ex- tent appropriated by the City). (d) Additional City Funds Available. Notwithstanding anything in this Resolution to the contrary, the payments of principal and interest due on the Notes shall not constitute a mandatory charge or a requirement in any ensuing fiscal year beyond the then current fiscal year, and the Issuer shall have no continuing obligation to appropriate money for the payment of interest and principal due on the Notes, and no provision of this Resolution or the Notes shall be construed or interpreted as creating a general obligation or other indebtedness of the Issuer within the meaning 0 of any constitutional or statutory debt limitation. The Issuer's obligation to make pay- ments of interest and principal in respect of the Notes shall be subject at all times to Non -appropriation by the City Council. On or before December 1 of each year, the City Council shall determine whether to budget and appropriate funds for the next succeeding fiscal year to make the payments of principal of and interest due on the Notes during such fiscal year. If the City Council determines to budget and appro- priate funds for such purposes, the City agrees to take the following steps: (1) certify to the County Auditor the amount of principal of and interest on the Notes, if any, which are to be paid from sources other than a debt service levy during such fiscal year; and (2) certify to the County Auditor by the following March 31 the amount, if any, of principal of and interest on the Notes which are to be paid from Debt Service Tax Revenues for such fiscal year. In the event that funds are not budgeted and appropriated by the City Council in any fiscal year in an amount sufficient to meet the payments of interest and principal due on the Notes, the Issuer shall have the right to terminate its obliga- tions under the Notes with respect to future payments of interest and principal thereon without penalty, by giving not less than thirty (30) days written notice to the Original Purchaser of the lack of continued funding, and the Issuer's obliga- tions under the Notes shall become null and void on the last day of the fiscal year for which the necessary funds were appropriated. Upon the occurrence of any such Non -appropriation, Issuer shall not be obligated to make payment of any additional amounts in respect of principal and interest on the Notes beyond those funds which have been appropriated, and the Issuer shall not be liable to the Original Purchaser (or any other assignee or holder of the Notes) for any remain- ing amounts due under the Notes or for any costs, damages (including but not limited to consequential damages) or expenses incurred by the Original Pur- chaser (or any other assignee or holder of the Notes) as a result of the exercise by the Issuer of the foregoing right of Non -appropriation. Section 4. Note Fund. Said tax shall be assessed and collected each year at the same time and in the same manner as, and in addition to, all other taxes in and for the City, and when collected they shall be converted into a special fund within the Debt Service Fund to be known as the "GENERAL OBLIGATION ANNUAL APPROPRIATION REFUNDING CAPITAL LOAN NOTE FUND 2021 NO. 1" (the "Note Fund"), which is hereby pledged for and shall be used only for the payment of the principal of and interest on the Notes hereinafter authorized to be issued; and also subject to Non -appropriation, and there shall be apportioned to said fund its proportion of taxes received by the City from railway, ex- press, telephone and telegraph companies and other taxes assessed by the Iowa State Department of Revenue. Section 5. Application of Note Proceeds. Proceeds of the Notes other than accrued interest except as may be provided below shall be credited to the Project Fund and ex- pended only for the purposes of the Project. Any amounts on hand in the Project Fund shall be available for the payment of the principal of or interest on the Notes at any time that other funds shall be insufficient to the purpose, in which event such funds shall be repaid to the Project Fund at the earliest opportunity. Any balance on hand in the Project Fund and not immediately required for its purposes may be invested not inconsistent with 0 limitations provided by law or this Resolution. Accrued interest, if any, shall be deposited in the Note Fund. Section 6. Investments of Note Fund Proceeds. All moneys held in the Note Fund and the Project Fund, shall be invested in investments permitted by Chapter 12B, Code of Iowa, 2019 (formerly Chapter 452, Code of Iowa, as amended) or deposited in financial institutions which are members of the Federal Deposit Insurance Corporation and the deposits in which are insured thereby and all such deposits exceeding the maximum amount insured from time to time by FDIC or its equivalent successor in any one financial institution shall be continuously secured in compliance with Chapter 12C of the Code of Iowa, 2019, as amended or otherwise by a valid pledge of direct obligations of the United States Government having an equivalent market value. All such interim investments shall mature before the date on which the moneys are required for payment of principal of or interest on the Notes as herein provided. Section 7. Note Details, Execution and Redemption. (a) Note Details. General Obligation Annual Appropriation Refunding Capital Loan Notes, Series 2021, of the City in the total amount of $22,138,000, shall be issued to evidence the obligations of the Issuer under the Loan Agreement pursuant to the provisions of Sections 384.24, 384.24A and 384.25 of the City Code of Iowa, as amended, for the aforesaid purpose. The Notes shall be designated "GENERAL OBLIGATION ANNUAL APPROPRATION REFUNDING CAPITAL LOAN NOTE, SERIES 2021 ", be dated the date of delivery, and bear interest at the rate of 1.18% per annum from the date of each advancement made under the Agreement, until payment thereof, or Non -appropriation, at the office of the Paying Agent, said inter- est payable on June 1, 2021, and semi-annually thereafter on the 1st day of June and December in each year until maturity as set forth on the Debt Service Schedule attached to the Agreement as Exhibit A and incorporated herein by this reference. As set forth on said Debt Service Schedule, principal shall be payable on June 1, 2021 and annually thereafter on the 1 st day of June in the amounts set forth therein until principal and interest are fully paid, or until Non -appropriation, except that the final installment of the entire balance of principal and interest, if not sooner paid, and if appropriated, shall become due and payable on June 1, 2037. Notwithstand- ing the foregoing or any other provision hereof, principal and interest shall be paya- ble as shown on said Debt Service Schedule until completion of the Project, at which time the final Debt Service Schedule shall be determined based upon actual ad- vancements, final costs and completion of the Project, all as provided in the admin- istrative rules governing the Iowa Water Pollution Control Works Financing Program. Payment of principal and interest on the Notes shall at all times conform to said Debt Service Schedule and the rules of the Iowa Water Pollution Control Works Financing Program. The Notes shall be executed by the manual or facsimile signature of the Mayor and attested by the manual or facsimile signature of the Clerk, and impressed or imprinted with the seal of the City and shall be fully registered as to both principal and interest as provided in this Resolution; principal, interest and premium, if any, shall be payable at the office of the Paying Agent by mailing of a check, wire transfer or automated clearing house system transfer to the registered owner of the Note. The Notes shall be in the denomination of $1,000 or multiples thereof and may at 10 the request of the Original Purchaser be initially issued as a single Note in the de- nomination of $22,138,000 and numbered GO-1. Section 8. Initiation Fee and Servicing Fee. In addition to the payment of principal of and interest on the Notes, the Issuer also agrees to pay the Servicing Fee as defined and in accordance with the terms of the Agreement. Section 9. Redemption. The Notes are subject to optional redemption at a price of par plus accrued interest (i) on any date upon receipt of written consent of the Original Pur- chaser or (ii) in the event that all or substantially all of the Project is damaged or de- stroyed. Any optional redemption of the Notes may be made from any funds regardless of source, in whole or from time to time in part, in inverse order of maturity, by giving not less than thirty (30) days' notice of redemption by certified or registered mail to the Origi- nal Purchaser (or any other registered owner of the Note). The terms of redemption shall be par, plus accrued interest to date of call. The Notes are also subject to mandatory redemption as set forth in Section 5 of the Agreement. Section 10. Registration of Notes; Appointment of Registrar; Transfer; Ownership; De- livery; and Cancellation. (a) Registration. The ownership of Notes may be transferred only by the making of an entry upon the books kept for the registration and transfer of ownership of the Notes, and in no other way. The Director of Finance & Budget is hereby appointed as Registrar under the terms of this Resolution and under the provisions of a sepa- rate agreement with the Issuer filed herewith which is made a part hereof by this reference. Registrar shall maintain the books of the Issuer for the registration of ownership of the Notes for the payment of principal of and interest on the Notes as provided in this Resolution. All Notes shall be negotiable as provided in Article 8 of the Uniform Commercial Code subject to the provisions for registration and transfer contained in the Notes and in this Resolution. (b) Transfer. The ownership of any Note may be transferred only upon the Reg- istration Books kept for the registration and transfer of Notes and only upon surren- der thereof at the office of the Registrar together with an assignment duly executed by the holder or his duly authorized attorney in fact in such form as shall be satis- factory to the Registrar, along with the address and social security number or federal employer identification number of such transferee (or, if registration is to be made in the name of multiple individuals, of all such transferees). In the event that the address of the registered owner of a Note (other than a registered owner which is the nominee of the broker or dealer in question) is that of a broker or dealer, there must be disclosed on the Registration Books the information pertaining to the reg- istered owner required above. Upon the transfer of any such Note, a new fully reg- istered Note, of any denomination or denominations permitted by this Resolution in aggregate principal amount equal to the unmatured and unredeemed principal amount of such transferred fully registered Note, and bearing interest at the same rate and maturing on the same date or dates shall be delivered by the Registrar. (c) Registration of Transferred Notes. In all cases of the transfer of the Notes, the Registrar shall register, at the earliest practicable time, on the Registration Books, the Notes, in accordance with the provisions of this Resolution. (d) Ownership. As to any Note, the person in whose name the ownership of the same shall be registered on the Registration Books of the Registrar shall be deemed 11 and regarded as the absolute owner thereof for all purposes, and payment of or on account of the principal of any such Notes and the premium, if any, and interest thereon shall be made only to or upon the order of the registered owner thereof or his legal representative. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Note, including the interest thereon, to the extent of the sum or sums so paid. (e) Cancellation. In the event of Non -appropriation, the Notes shall be cancelled by the Registrar. All Notes which have been redeemed shall not be reissued but shall be cancelled by the Registrar. All Notes which are cancelled by the Registrar shall be destroyed and a certificate of the destruction thereof shall be furnished promptly to the Issuer; provided that if the Issuer shall so direct, the Registrar shall forward the cancelled Notes to the Issuer. (f) Non -Presentment of Notes. In the event any payment check, wire, or electronic transfer of funds representing payment of principal of or interest on the Notes is returned to the Paying Agent or if any note is not presented for payment of principal at the maturity or redemption date, if funds sufficient to pay such principal of or in- terest on Notes shall have been made available to the Paying Agent for the benefit of the owner thereof, all liability of the Issuer to the owner thereof for such interest or payment of such Notes shall forthwith cease, terminate and be completely dis- charged, and thereupon it shall be the duty of the Paying Agent to hold such funds, without liability for interest thereon, for the benefit of the owner of such Notes who shall thereafter be restricted exclusively to such funds for any claim of whatever nature on his part under this Resolution or on, or with respect to, such interest or Notes. The Paying Agent's obligation to hold such funds shall continue for a period equal to two years and six months following the date on which such interest or prin- cipal became due, whether at maturity, or at the date fixed for redemption thereof, or otherwise, at which time the Paying Agent shall surrender any remaining funds so held to the Issuer, whereupon any claim under this Resolution by the Owners of such interest or Notes of whatever nature shall be made upon the Issuer. (g) Registration and Transfer Fees. The Registrar may furnish to each owner, at the Issuer's expense, one note for each annual maturity. The Registrar shall furnish additional Notes in lesser denominations (but not less than the minimum denomina- tion) to an owner who so requests. Section 11. Reissuance of Mutilated, Destroyed, Stolen or Lost Notes. In case any outstanding Note shall become mutilated or be destroyed, stolen or lost, the Issuer shall at the request of Registrar authenticate and deliver a new Note of like tenor and amount as the Note so mutilated, destroyed, stolen or lost, in exchange and substitution for such mutilated Note to Registrar, upon surrender of such mutilated Note, or in lieu of and sub- stitution for the Note destroyed, stolen or lost, upon filing with the Registrar evidence satisfactory to the Registrar and Issuer that such Note has been destroyed, stolen or lost and proof of ownership thereof, and upon furnishing the Registrar and Issuer with satis- factory indemnity and complying with such other reasonable regulations as the Issuer or its agent may prescribe and paying such expenses as the Issuer may incur in connection therewith. Section 12. Record Date. Payments of principal and interest, otherwise than upon full redemption, made in respect of any Note, shall be made to the registered holder thereof 12 or to their designated Agent as the same appear on the books of the Registrar on the 15th day of the month preceding the payment date. All such payments shall fully dis- charge the obligations of the Issuer in respect of such Notes to the extent of the payments so made. Upon receipt of the final payment of principal, the holder of the Note shall sur- render the Note to the Paying Agent. Section 13. Execution, Authentication and Delivery of the Notes. The Mayor and Clerk shall execute the Notes by their manual or authorized signature and deliver the Notes to the Registrar, who shall authenticate the Notes and deliver the same to or upon order of the Original Purchaser. No Note shall be valid or obligatory for any purpose or shall be entitled to any right or benefit hereunder unless the Registrar shall duly endorse and ex- ecute on such Note a Certificate of Authentication substantially in the form of the Certifi- cate herein set forth. Such Certificate upon any Note executed on behalf of the Issuer shall be conclusive evidence that the Note so authenticated has been duly issued under this Resolution and that the holder thereof is entitled to the benefits of this Resolution. Section 14. Right to Name Substitute Paying Agent or Registrar. Issuer reserves the right to name a substitute, successor Registrar or Paying Agent upon giving prompt writ- ten notice to each registered noteholder. Section 15. Form of Note. Notes shall be printed in substantial compliance with standards proposed by the American Standards Institute substantially in the form as [provided]: Section 16. Contract Between Issuer and Purchaser. This Resolution shall constitute a contract between said City and the purchaser of the Notes. Section 17. Non -Arbitrage Covenants. The Issuer reasonably expects and covenants that no use will be made of the proceeds from the issuance and sale of the Notes issued hereunder which will cause any of the Notes to be classified as arbitrage bonds within the meaning of Section 148(a) and (b) of the Internal Revenue Code of the United States, and that throughout the term of the Notes it will comply with the requirements of said statute and regulations issued thereunder. To the best knowledge and belief of the Issuer, there are no facts or circumstances that would materially change the foregoing statements or the conclusion that it is not ex- pected that the proceeds of the Notes will be used in a manner that would cause the Notes to be arbitrage bonds. Without limiting the generality of the foregoing, the Issuer hereby agrees to comply with the provisions of the Tax Exemption Certificate and the provisions of the Tax Exemption Certificate are hereby incorporated by reference as part of this Resolution. The Director of Finance & Budget is hereby directed to make and insert all calculations and determinations necessary to complete the Tax Exemption Certificate in all respects and to execute and deliver the Tax Exemption Certificate at issuance of the Notes to certify as to the reasonable expectations and covenants of the Issuer at that date. Section 18. Additional Covenants, Representations and Warranties of the Issuer. The Issuer certifies and covenants with the purchasers and holders of the Notes from time to time outstanding that the Issuer through its officers, (a) will make such further specific covenants, representations and assurances as may be necessary or advisable; (b) com- ply with all representations, covenants and assurances contained in the Tax Exemption Certificate, which Tax Exemption Certificate shall constitute a part of the contract between the Issuer and the owners of the Notes; (c) consult with bond counsel (as defined in the 13 Tax Exemption Certificate); (d) pay to the United States, as necessary, such sums of money representing required rebates of excess arbitrage profits relating to the Notes; (e) file such forms, statements and supporting documents as may be required and in a timely manner; and (f) if deemed necessary or advisable by its officers, to employ and pay fiscal agents, financial advisors, attorneys and other persons to assist the Issuer in such com- pliance. Section 19. Amendment of Resolution to Maintain Tax Exemption. This Resolution may be amended without the consent of any owner of the Notes if, in the opinion of bond counsel, such amendment is necessary to maintain tax exemption with respect to the Notes under applicable Federal law or regulations. Section 20. Severability Clause. If any section, paragraph, clause or provision of this Resolution be held invalid, such invalidity shall not affect any of the remaining provisions hereof, and this Resolution shall become effective immediately upon its passage and ap- proval. Section 21. Repeal of Conflicting Resolutions or Ordinances. All ordinances and reso- lutions and parts of ordinances and resolutions in conflict herewith are hereby. Passed and approved this 5t" day of April 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 9. March 31, 2021 Semi Annual Report - U.S. Environmental Protection Agency Con- sent Decree Required Submittal: City Manager transmitted the March 31, 2021 Consent Decree Semi Annual Report that was submitted to the U.S. Environmental Protection Agency (EPA). Upon motion the documents were received and filed. 10. Approval of Plat of Survey of Lot 1A Block 7 of Grandview Park, in the City of Dubuque, Iowa for Vacating Petition (Dubuque Golf and Country Club Randall Place Va- cate Agreement): City Manager recommended approval of the Plat of Survey (Vacation Plat) of Lot 1A Block 7 of Grandview Park, in the City of Dubuque, Iowa. Council Member Farber stated she will abstain from voting on Item Nos. 10 and 11 due to owning property adjacent to the right of way of the property under consideration and her membership with the Dubuque Golf and Country Club. Motion by Resnick to receive and file the documents for both Items No. 10 and 11 and adopt Resolution No. 93-21 Approving Plat of proposed vacated portion of Randall Place, in the City of Dubuque, Iowa, to be known as Lot 1A Block 7 of Grandview Park, in the City of Dubuque, Iowa and Resolution No. 94-21 Ap- proving an agreement between the City of Dubuque, Iowa and Dubuque Golf and Country Club. Seconded by Jones. Motion carried 6-0 with abstention from Farber. RESOLUTION NO. 93-21 APPROVING PLAT OF PROPOSED VACATED PORTION OF RANDALL PLACE, IN THE CITY OF DUBUQUE, IOWA, TO BE KNOWN AS LOT 1A BLOCK 7 OF GRANDVIEW PARK, IN THE CITY OF DUBUQUE, IOWA Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated March 23, 2021 prepared by the Buesing and Associates, Inc., showing the proposed vacated area of Randall Place between Lot 1 Block 7 and Lot 17 Block 8 of Grandview Park, in the City of Dubuque, Iowa and assigned a lot number thereto, to be 14 known as Lot 1A Block 7 of Grandview Park, in the City of Dubuque, Iowa; and Whereas, said plat conforms to the laws and statutes pertaining thereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated March 23, 2021 prepared by the Buesing and Associ- ates, Inc., relative to the real estate hereinabove described be and the same is hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 2. The City of Dubuque reserves a public utility easement over the entirety of said Lot 1 A. Section 3. That the City Clerk be and is hereby authorized and directed to file said plat and certified copy of this resolution in the office of the Recorder in and for Dubuque County, Iowa. Passed, approved, and adopted this 5t" day of April 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 11. Agreement with Dubuque Golf & Country Club at 1800 Randall Place: City Man- ager recommended approval of an agreement with Dubuque Golf and Country Club re- lated to the vacation and sale of certain street right of -ways at the Dubuque Golf and Country Club property at 1800 Randall Place, Dubuque, Iowa. Upon motion with Item No. 10, the documents were received and filed, and Resolution No. 94-21 was adopted. RESOLUTION NO. 94-21 APPROVING AN AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND DUBUQUE GOLF AND COUNTRY CLUB Whereas, the City of Dubuque is party to an Agreement with Dubuque Golf and Coun- try Club (DGCC) related to the vacation and sale of certain street right of ways at the DGCC property at 1800 Randall Place in Dubuque, Iowa; and Whereas, DGCC is requesting the vacation and sale of the approximately 8,100 square feet of the Randall Place right of way south of Bradley Street, in order to accommodate the construction of new parking lot serving the golf course; and Whereas, DGCC is requesting the sale of approximately 11 acres of vacated right of way included in the 1923 City Council Special Ordinance (attached to and made part of the agreement as Exhibit A and as approximately shown on the map labelled Exhibit B) situated within the current golf course property; and Whereas, DGCC and City desire to enter into an agreement with respect to the pro- posed vacation and sale of said right of way and vacated right of way as set forth herein; and Whereas, a copy of the Agreement is attached hereto; and Whereas, Dubuque Golf and Country Club, has executed the Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Agreement attached hereto is hereby approved. Section 2. The City Manager is authorized and directed to execute the Agreement on behalf of the City of Dubuque 15 Passed, approved, and adopted this 5th day of April 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 12. Royal Oaks Development Corporation Property - Silver Oaks Drive Right -of -Way Plat and Dedication: City Manager recommended approval of the Acquisition Plat of Lot B of Silver Oaks Estates in the City of Dubuque, Iowa, and acceptance of the dedication of said lot for street right-of-way and public utilities purposes. Upon motion the documents were received and filed, and Resolution No. 95-21 Approving the Acquisition Plat of Lot B of Silver Oaks Estates, in the City of Dubuque, Iowa was adopted. RESOLUTION NO. 95-21 APPROVING THE ACQUISITION PLAT OF LOT B OF SILVER OAKS ESTATES, IN THE CITY OF DUBUQUE, IOWA Whereas, Royal Oaks Development Corporation (RODC) and the City of Dubuque have entered into a Subdivision Development Agreement dated April 22, 2020, a copy of which is attached hereto, for the development of Silver Oaks Estates, in the City of Dubu- que, Iowa; and Whereas, said development agreement requires RODC to dedicate the Silver Oaks Drive street right of way and associated cul-de-sac right of way to the City of Dubuque; and Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, an Acquisition Plat dated March 12, 2021 prepared by Weber Surveying, LLC describing Lot B of Silver Oaks Estates, in the City of Dubuque, Iowa; and Whereas, said plat conforms to the laws and statutes pertaining thereto; and Whereas, upon said plat appears Lot B, which Royal Oaks Development Corporation, by said plat have dedicated to the public forever; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated March 12, 2021 prepared by Weber Surveying, LLC, relative to the real estate hereinabove described be and the same is hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat and on behalf of the City of Dubuque, Iowa. Section 2. That the dedication of Lot B of Silver Oaks Estates, in the City of Dubuque, Iowa, for Right of Way (Silver Oaks Drive) and public utilities purposes, as it appears on said Acquisition Plat, be and the same is hereby accepted. Section 3. That the City Clerk be and is hereby authorized and directed to file said plat and certified copy of this resolution in the office of the Recorder, in and for Dubuque County, Iowa. Passed, approved, and adopted this 5th day of April 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 13. Acceptance of Grant of Easement for Storm Drainage, Sanitary Sewer Utility, and Water Main Utility over Royal Oaks Development Property in Silver Oaks Estates Subdi- vision, Dubuque, Iowa: City Manager recommended acceptance of a Grant of Easement 16 for Storm Drainage, Sanitary Sewer Utility, and Water Main Utility from Royal Oaks De- velopment Corporation for the development of Silver Oaks Estates, in the City of Dubu- que, Iowa. Upon motion the documents were received and filed, and Resolution No. 96- 21 Accepting a Grant of Easement for Storm Drainage, Sanitary Sewer Utility, and Water Main Utility through, under and across parts of Silver Oaks Estates and Walter Metcalf Place, in the City of Dubuque, Iowa was adopted. RESOLUTION NO. 96-21 ACCEPTING A GRANT OF EASEMENT FOR STORM DRAINAGE, SANITARY SEWER UTILITY, AND WATER MAIN UTILITY THROUGH, UNDER AND ACROSS PARTS OF SILVER OAKS ESTATES AND WALTER METCALF PLACE, IN THE CITY OF DUBUQUE, IOWA Whereas, Royal Oaks Development Corporation (RODC) and the City of Dubuque have entered into a Subdivision Development Agreement dated April 22, 2020, a copy of which is attached hereto, for the development of Silver Oaks Estates, in the City of Dubu- que, Iowa; and Whereas, said development agreement requires RODC to grant certain easements to the City of Dubuque over the following properties: Storm Drainage Easement: Parts of Lots 31 thru 36, inclusive, and Lots 38 thru 41, inclusive, of Silver Oaks Estates, in the City of Dubuque, Iowa, as shown on Exhibit A-1 attached hereto and by reference made a part hereof; and Sanitary Sewer Utility Easement: Part of Lot 2 of Walter Metcalf Place, in the City of Dubuque, Iowa, as shown on Exhibit A-2 attached hereto and by reference made a part hereof; and Water Main Utility Easement: Part of Lot 31 of Silver Oaks Estates, in the City of Dubuque, Iowa, as shown on Exhibit A-3 attached hereto and by reference made a part hereof; and Whereas, RODC has executed a Grant of Easement for Storm Drainage, Sanitary Sewer Utility, and Water Main Utility through, over and across portions of Silver Oaks Estates and Waler Metcalf Place, in the City of Dubuque, Iowa, as described above. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts and consents to the Grant of Easement for Storm Drainage, Sanitary Sewer Utility, and Water Main Utility through, over and across portions of Silver Oaks Estates and Walter Metcalf Place, in the City of Dubuque, Iowa, as described above, from Royal Oaks De- velopment Corporation, a copy of which is attached hereto. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Passed, approved and adopted this 5t" day of April 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 14. 2021 Asphalt Overlay Program - City of Asbury Agreement: City Manager recom- mended approval of a cost share agreement with the City of Asbury for the asphalt overlay 17 of a segment of roadway on Pennsylvania Avenue from Radford Road to Seippel Road. Upon motion the documents were received, filed, and approved. 15. Proposed Amendment to Master Co -Location and Shared Services Agreement be- tween the City of Dubuque and ImOn Communications LLC: City Manager recommended approval of an amendment to an existing Master Co -Location and Shared Services Agreement with ImOn Communications LLC. Upon motion the documents were received, filed, and approved. 16. Civil Service Commission - Certified Lists: Civil Service Commission submitted the Certified Lists for the position of Police Officer and the Fire Promotional positions of Fire Lieutenant, Assistant Fire Chief, Fire Equipment Operator, Fire Captain, Assistant Fire Marshal, and Medical Officer. Upon motion the documents were received, filed, and made a Matter of Record. March 15, 2021 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the Code of Iowa, an examination for the position of Police Officer was administered on February 6, 2021. We, The Civil Service Commis- sion, hereby certify that the individuals listed below have passed this written examination and the vacancy for this position should be made from this list and that this list is good until September 11, 2021. Police Officer 1. Tyler Breitbach, 2. Ryan Cole, 3. Joseph Conley Jr., 4. Evan DeBoth, 5. Bradley Dodds, 6. Harlie Durr, 7. Eugene Hingtgen, 8. Brian Kirk, 9. Alyssa Klawitter, 10. Alexandra Pi- larinos, 11. Joshua Ryan , 12. Caleb Stines Respectfully Submitted, /s/Daniel White, Chairperson Civil Service Commission February 9, 2021 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the Code of Iowa, examinations for the positions of Fire Lieutenant, Assistant Fire Chief, Fire Equipment Operator, Fire Captain, Assistant Fire Marshal, and Medical Officer were given on January 12, January 13, and January 14, 2021. We, the Civil Service Commission, hereby certify that the individuals listed be- low have passed these written examinations and the vacancy for these positions should be made from this list and that this list is good for two (2) years from the above date. Fire Lieutenant 1. Elliot McAllister, 2. Brian McAuliffe, 3. Kyle Mueller, 4. Ryan Neuhaus, 5. Robert Reed, 6. Jacob Reiff, 7. Kyle Reinert, 8. Timothy Schmidt Assistant Fire Chief 1. Jesse Coulson, 2. Lawrence Ewert, 3. David Grass, 4. Joshua Knepper, 5. Jason 0 Lueken Fire Equipment Operator 1. William Broessel, 2. Christopher Kluesner, 3. Jack Ludescher, 4. Alexander Miller, 5. Ryan Neuhaus, 6. Jeffrey Pregler, 7. Kyle Reinert, 8. Will Sullivan 1. Ryan Kieffer, 2. Jason Lueken No passing scores Fire Captain Assistant Fire Marshal Medical Officer 1. Alexander Miller, 2. Joseph Schmitt Respectfully submitted, /s/Dan White, Chairperson Civil Service Commission 17. Alcohol License Applications: City Manager recommended approval of annual liq- uor, beer, and wine license applications as submitted. Upon motion the documents were received and filed, and Resolution No. 97-21 Approving applications for beer, liquor, and/or wine permits, as required by City of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Li- censes and Permits was adopted. RESOLUTION NO. 97-21 APPROVING APPLICATIONS FOR BEER, LIQUOR, AND/OR WINE PERMITS, AS REQUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LICENSE REGULATIONS, CHAPTER 2 LIQUOR CONTROL, ARTICLE B LIQ- UOR, BEER AND WINE LICENSES AND PERMITS Whereas, applications for Beer, Liquor, and or Wine Permits have been submitted and filed with the City Council for approval, and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City, and the applicants have filed the proper fees and bonds and otherwise complied with the requirements of the Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The City Clerk is hereby authorized and directed to cause to be issued the noted permit types to the following applicants pending submission of the locally required documentation: Renewals Fareway Stores, Inc. 2050 J. F. Kennedy Blvd Class E Liquor, Class B Wine, Class C Beer 19 Hy-Vee #3 400 Locust St. Class E Liquor, Class B Wine, Class C Beer Sunda Hy-Vee Gas #3 400 S. Locust St. Class E Liquor, Class B Native Wine, Class C Beer Sunda Kwik Stop Food Mart 2360 Central Ave. Class E Liquor, Class B Native Wine, Class C Beer Sunda Lina's Thai Bistro 2055 Holliday Dr. Class C Liquor, Class B Wine Sunda Main Street Social 123 Main St. Class C Liquor (Outdoor) (Sun- da Panchero's Mexican Grill 4840 Asbury Rd. Class B Beer (Outdoor) (Sun- da S ortsters Pub & Grub 2600 Central Ave. Class C Liquor Sunda Passed, approved, and adopted this 5t" day of April 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk ITEMS SET FOR PUBLIC HEARING Motion by Resnick to receive and file the documents, adopt the resolutions, and set the public hearings as indicated. Seconded by Roussell. Motion carried 7-0. 1. Resolution Setting a Public Hearing on a Proposed Development Agreement by and among the City of Dubuque, Giese Properties, L.L.C., and Giese Manufacturing Com- pany, Inc. providing for the Sale of City -owned Real Estate to Giese Properties, L.L.C. and the Issuance of Urban Renewal Tax Increment Revenue Grant Obligations Pursuant to the Development Agreement: City Manager recommended the City Council set a public hearing for April 19, 2021 on the proposed Development Agreement by and among the City of Dubuque, Giese Properties, L.L.C., and Giese Manufacturing Company, Inc. providing for the sale of city -owned real estate to Giese Properties, L.L.C. and the issu- ance of Urban Renewal Tax Increment Revenue Grant Obligations. Upon motion the doc- uments were received and filed, and Resolution No. 98-21 Intent to dispose of an interest in City of Dubuque real estate by sale to Giese Properties, L.L.C. pursuant to a Develop- ment Agreement by and among the City of Dubuque, Giese Properties, L.L.C., and Giese Manufacturing Company, Inc and fixing the date for a public hearing of the City Council of the City of Dubuque, Iowa on the Development Agreement including the proposed is- suance of Urban Renewal Tax Increment Revenue Grant Obligations to Giese Manufac- turing Company, Inc and providing for the publication of notice thereof was adopted, set- ting a public hearing for a meeting to commence at 6:30 p.m. on April 19, 2021. RESOLUTION NO. 98-21 INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE REAL ESTATE BY SALE TO GIESE PROPERTIES, L.L.C. PURSUANT TO A DEVELOPMENT AGREE- MENT BY AND AMONG THE CITY OF DUBUQUE, GIESE PROPERTIES, L.L.C., AND GIESE MANUFACTURING COMPANY, INC AND FIXING THE DATE FOR A PUBLIC 20 HEARING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA ON THE DE- VELOPMENT AGREEMENT INCLUDING THE PROPOSED ISSUANCE OF URBAN RENEWAL TAX INCREMENT REVENUE GRANT OBLIGATIONS TO GIESE MANU- FACTURING COMPANY, INC AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF Whereas, the City of Dubuque, Iowa (City) is the owner of the following described real property: Lot 1 of Dubuque Industrial Center North First Addition, in the City of Dubuque, Iowa (the Property); and Whereas, City, Giese Properties, L.L.C., and Giese Manufacturing Company, Inc. have entered into a Development Agreement, subject to the approval of the City Council, pur- suant to which City will convey the Property to Giese Properties, L.L.C., and Giese Prop- erties, L.L.C. will construct on the Property certain Improvements described in the Devel- opment Agreement; and Whereas, the City Council has tentatively determined that it would be in the best inter- ests of City to approve the Development Agreement, including the conveyance of the Property to Giese Properties, L.L.C.; and Whereas, the Development Agreement provides for the issuance by City of economic development grants to Giese Manufacturing Company, Inc., referred to therein as Urban Renewal Tax Increment Revenue Grant Obligations, payable from the tax increment rev- enues collected in respect of the Improvements to be constructed by Giese Properties, L.L.C. in accordance with the Development Agreement, for the purpose of carrying out the objectives of an Urban Renewal Plan as hereinafter described; and Whereas, before said obligations may be approved, Chapter 403 of the Code of Iowa requires that the City Clerk publish a notice of the proposal and of the time and place of the meeting at which the City Council proposes to take action thereon and at which meet- ing the City Council shall receive oral and/or written objections from any resident or prop- erty owner of said City to such proposed action. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City of Dubuque intends to dispose of its interest in the foregoing -de- scribed Property by Deed to Giese Properties, L.L.C. pursuant to the proposed Develop- ment Agreement. Section 2. The City Clerk is hereby authorized and directed to cause this Resolution and a notice to be published as prescribed by Iowa Code Section 364.7 of a public hearing on the City's intent to dispose of the foregoing -described Property, to be held on the 19th day of April, 2021 at 6:30 p.m. in the form attached hereto. Section 3. The City Council will also meet at said time and place for the purpose of taking action on the matter of authorizing Urban Renewal Tax Increment Revenue obli- gations and the execution of the Development Agreement relating thereto with Giese Properties, L.L.C. and Giese Manufacturing Company, Inc., the proceeds of which obli- gations will be used to carry out certain of the special financing activities described in the Urban Renewal Plan for the Dubuque Industrial Center Economic Development District, consisting of the funding of economic development grants to Giese Manufacturing Com- pany, Inc., pursuant to the Development Agreement under the terms and conditions of said Urban Renewal Plan. It is expected that the aggregate amount of the Tax Increment 21 Revenue obligations will be approximately $495,000. Section 4. The City Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publica- tion to be not less than four days nor more than twenty days before the date of said meeting on the disposal of the City's interest in the Property and the issuance of said obligations. Section 5. That the notice of the proposed action shall be in substantially the form attached hereto. Passed, approved, and adopted this 5t" day of April, 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 2. Proceedings to Set a Public Hearing on the Authorization of Not to Exceed $180,000 General Fund Lease Agreement — Postage Machine: City Manager recommended a pub- lic hearing be set for April 19, 2021, on the proposal to authorize a general fund lease agreement not to exceed $180,000. Upon motion the documents were received and filed, and Resolution No. 99-21 Fixing date for a meeting on the proposition to authorize a lease agreement (General Fund) in the principal amount of not to exceed $180,000 to acquire personal property for the City, and providing for publication of notice thereof was adopted, setting a public hearing for a meeting to commence at 6:30 p.m. on April 19, 2021. RESOLUTION NO. 99-21 FIXING DATE FOR A MEETING ON THE PROPOSITION TO AUTHORIZE A LEASE AGREEMENT (GENERAL FUND) IN THE PRINCIPAL AMOUNT OF NOT TO EXCEED $180,000 TO ACQUIRE PERSONAL PROPERTY FOR THE CITY, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF Whereas, it is deemed necessary and advisable that the City of Dubuque, Iowa, should enter into a lease agreement in the principal amount of not to exceed $180,000 as au- thorized by Sections 364.4 and 384.25 of the Code of Iowa, for the purpose of providing funds to pay costs of carrying out the project as hereinafter described, and more specifi- cally, for the lease of a mailing and inserting machine; and Whereas, the term of the proposed Lease does not exceed the economic life of the property to be acquired; and Whereas, the lease agreement shall be payable from the General Fund of the City; and Whereas, before a lease agreement may be authorized, it is necessary to comply with the provisions of said Code, and to publish a notice of the proposal and of the time and place of the meeting at which the Council proposes to take action for the authorization of the lease agreement and to receive oral and/or written objections from any resident or property owner of said City to such action. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That this Council meet via electronic means at 6:30 o'clock P.M., on the 19th day of April 2021, for the purpose of taking action on the matter of the authorization of a lease agreement, in the principal amount of not to exceed $180,000 the proceeds of 22 which will be used to provide funds to pay costs of the acquisition of personal property for the City. Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than four clear days nor more than twenty days before the date of said public meeting on the authorization of said lease agreement. Section 3. The notice of the proposed action to authorize said lease agreement shall be in substantially the [provided] form: Passed and approved this 5t" day of April 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 3. Petition to Vacate a Portion of Randall Place, in the City of Dubuque, Iowa — Dubu- que Golf and Country Club Randall Place Vacate Agreement: City Manager recom- mended that a public hearing be scheduled for April 19, 2021 on a request from Dubuque Golf and Country Club to vacate a portion of Randall Place for a purchase price of $32,197. Upon motion the documents were received and filed, and Resolution No. 100- 21 Intent to vacate a portion of Randall Place, in the City of Dubuque, Iowa, to be known as Lot 1A Block 7 of Grandview Park, in the City of Dubuque, Iowa was adopted, setting a public hearing for a meeting to commence at 6:30 p.m. on April 19, 2021. RESOLUTION NO. 100-21 INTENT TO VACATE A PORTION OF RANDALL PLACE, IN THE CITY OF DUBUQUE, IOWA, TO BE KNOWN AS LOT 1A BLOCK 7 OF GRANDVIEW PARK, IN THE CITY OF DUBUQUE, IOWA Whereas, the City of Dubuque has entered into an agreement with Dubuque Golf and Country Club for the sale of City Owned property including a portion of the Randall Place right of way between Lot 1 Block 7 and Lot 17 Block 8 of Grandview Park, in the City of Dubuque, Iowa; and Whereas, the Dubuque Golf and Country Club has requested the vacation of a portion of Randall Place and the conveyance of the property to Dubuque Golf and Country Club per said agreement; and Whereas, Buesing and Associates, Inc. has prepared and submitted to the City Council a plat showing the proposed vacated area of Randall Place right of way between Lot 1 Block 7 and Lot 17 Block 8 of Grandview Park, in the City of Dubuque, Iowa and assigned a lot number thereto, which hereinafter shall be known and described as Lot 1A Block 7 of Grandview Park, in the City of Dubuque, Iowa. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque intends to vacate Lot 1A Block 7 of Grandview Park, in the City of Dubuque, Iowa. Section 2. That a public hearing, and/or by virtual means, on the intent to vacate Lot 1A Block 7 of Grandview Park, in the City of Dubuque, Iowa is hereby set for the 19t" day of April, 2021, at the Historic Federal Building, 350 W. 6t" Street, Dubuque, Iowa, begin- ning at 6.30 p.m., and the City Clerk be and is hereby authorized and directed to cause a 23 notice of public hearing on the intent to vacate said real estate to be published in the manner as prescribed by law. Passed, approved and adopted this 5th day of April, 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk [Due to the ongoing COVID-19 pandemic, the City Council will meet virtually through GoToMeeting. The official agenda will be posted on Friday prior to the meeting and will contain listening, viewing, and public input options. The City Council agenda can be ac- cessed at https://citVofdubugue.novusagenda.com/AgendaPublic/ or by contacting the City Clerk's Office at 563-589-4100, ctyclerk(a�cityofdubug ue.org.] BOARDS/COMMISSIONS Appointments were made to the following boards/commissions: 1. Cable Television Commission: One, 3-Year term through July 1, 2024 (Expiring term of Tigges). Applicant: Jennifer Tigges, 4927 Wild Flower Dr. Motion by Roussell to appoint Ms. Tigges to the 3-Year term through July 1, 2024. Seconded by Sprank. Motion carried 7-0. 2. Housing Commission: One, 3-Year term through August 17, 2021 (Vacant Section 8 Representative term of Shumaker) and two 3-Year terms through August 17, 2022 (Va- cant At -Large terms of Stroud and Wall). Applicants: Cynthia Washington, 2024 Central Ave (Qualifies as Section 8 Representative) (Additional Applicant); Jeff Lenhart, 670 Har- vard St. (Qualifies as At -Large Representative); Thomas Smith, 2490 Clarke Crest Dr. (Qualifies as At -Large Representative) (Additional Applicant); Margie White, 3197 High- land Park Dr. (Qualifies as At -Large Representative) (Additional Applicant). Motion by Jones to appoint Ms. Washington the 3-Year Section 8 Representative term through Au- gust 17, 2021. Seconded by Farber. Motion carried 7-0. Upon roll call vote, Mr. Lenhart and Ms. White were appointed to the 3-year terms through August 17, 2022. Mr. Lenhart received all 7 votes from Council for one of the terms. Mr. Smith received 1 vote (Resnick), and Ms. White received the remaining 6 votes for the other 3-year term. 3. Human Rights Commission: One, 3-Year term through January 1, 2024 (Vacant term of Allen) and one, 3-Year term through January 1, 2022 (Vacant term of Regan). Applicants: Carla Anderson, 1131 Main St.; Taylor Merfeld, 1016 Rhomberg Ave.; Nichole Weber, 535 South Grandview Ave. This commission is subject to the State of Iowa Gen- der Balance Law. 9 Commissioners total; currently 3 males/4 females/2 openings. Motion by Roussell to appoint Mr. Merfeld to the 3-year term through January 1, 2024. Seconded by Sprank. Motion carried 7-0. Motion by Jones to appoint Ms. Anderson to the 3-year term through January 1, 2022. Seconded by Cavanagh. Motion carried 7-0. PUBLIC HEARINGS 1. Grant of Easement to T.S.D. Building Partnership, L.L.P.: Proof of publication on 24 notice of public hearing to consider City Council approval of a Grant of Embankment Easement for the private parking lot embankment over City -owned property along the Northwest Arterial as part of the Grand River Medical Group site development project on Westmark Drive, and City Manager recommending approval. Motion by Resnick to re- ceive and file the documents and adopt Resolution No. 101-21 Disposing of City interest by Grant of Embankment Easement to T.S.D. Building Partnership, L.L.P. across part of Lot 1 of Westmark, City of Dubuque, Iowa, and Resolution No. 102-21 Granting an Em- bankment Easement to T.S.D. Building Partnership, L.L.P. across part of Lot 1 of West - mark, City of Dubuque, Iowa. Seconded by Cavanagh. Staff stated that no online public input had been received for this item. Motion carried 7-0. RESOLUTION NO. 101-21 DISPOSING OF CITY INTEREST BY GRANT OF EMBANKMENT EASEMENT TO T.S.D. BUILDING PARTNERSHIP, L.L.P. ACROSS PART OF LOT 1 OF WESTMARK, CITY OF DUBUQUE, IOWA Whereas, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on the 19t" day of March, 2021, the City Council of the City of Dubuque, Iowa met on this 5t" day of April, 2021, at 6:30 p.m. in the Historic Federal Building, 350 W. 6t" Street, Dubuque, Iowa, to consider the proposal for the granting of easement across City owned property described as: Part of Lot 1 of Westmark, City of Dubuque, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objec- tions, oral or written to the proposed granting of easement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Grant of Embankment Easement to T.S.D. Building Partnership L.L.P. across Part of Lot 1 of Westmark, City of Dubuque, Iowa, be and the same is hereby approved. Section 2. That the Mayor be authorized and directed to execute the Grant of Embank- ment Easement and the City Clerk be and is hereby authorized and directed to deliver said Grant of Easement to T.S.D. Building Partnership L.L.P. Section 3. That the City Clerk be and is hereby authorized and directed to record a certified copy of this Grant of Embankment Easement in the office of the Dubuque County Recorder. Passed, approved and adopted this 5th day of April, 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk RESOLUTION NO. 102-21 GRANTING AN EMBANKMENT EASEMENT TO T.S.D. BUILDING PARTNERSHIP, L.L.P. ACROSS PART OF LOT 1 OF WESTMARK, CITY OF DUBUQUE, IOWA Whereas, T.S.D. Building Partnership, L.L.P. has requested a "Grant of Embankment Easement" across Part of Lot 1 of Westmark, City of Dubuque, Iowa, for a private parking lot embankment; and Whereas, Buesing and Associates Inc. has prepared and submitted to the City Council 25 an exhibit showing the easement area for the proposed private parking lot embankment across Part of Lot 1 of Westmark, City of Dubuque, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa, has determined that the por- tion of Part of Lot 1 of Westmark, City of Dubuque, Iowa can be utilized for the for a private parking lot embankment, as shown on the Exhibit A, in the City of Dubuque, Iowa, and should be approved. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Grant of Embankment Easement to T.S.D. Building Partnership, L.L.P. be and the same is hereby approved. Passed, approved and adopted this 51" day of April, 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 2. 2021 Asphalt Overlay Ramp Project 3: Proof of publication on notice of public hear- ing to consider City Council approval of the plans, specifications, form of contract and the estimated cost of $229,358 for the 2021 Asphalt Overlay Ramp Project 3, and City Man- ager recommending approval. Motion by Jones to receive and file the documents and adopt Resolution No. 103-21 Approval of plans, specifications, form of contract, and es- timated cost for the 2021 Asphalt Overlay Ramp Project 3. Seconded by Resnick. Staff stated that no online public input had been received for this item. Motion carried 7-0. RESOLUTION NO. 103-21 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTI- MATED COST FOR THE 2021 ASPHALT OVERLAY RAMP PROJECT 3 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the 2021 Asphalt Overlay Ramp Project 3, in the estimated amount $173,757.00, are hereby approved. Passed, adopted, and approved this 5t" day of April 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 3. Proceedings for the Public Hearing on the Issuance of Not to Exceed $46,250,000 General Obligation Bonds, Not to Exceed $700,000 General Obligation Bonds, Not to Exceed $700,000 General Obligation Bonds, Not to Exceed $600,000 General Obligation Bonds, Not to Exceed $950,000 General Obligation Urban Renewal Bonds: Proof of pub- lication on notice of public hearing to consider City Council approval of the suggested proceedings for the public hearing on the issuance General Obligation Bonds, and City Manager recommending approval. Motion by Jones to receive and file the documents and adopt Resolution No. 104-21 Instituting proceedings to take additional action for the issuance of not to exceed $46,250,000 General Obligation Bonds; Resolution No. 105- 21 Instituting proceedings to take additional action for the issuance of not to exceed $700,000 General Obligation Bonds (GCP-2); Resolution No. 106-21 Instituting proceed- ings to take additional action for the issuance of not to exceed $700,000 General 26 Obligation Bonds (GCP-3); Resolution No. 107-21 Instituting proceedings to take addi- tional action for the issuance of not to exceed $600,000 General Obligation Bonds; and Resolution No. 108-21 Instituting proceedings to take additional action for the issuance of not to exceed $950,000 General Obligation Urban Renewal Bonds. Seconded by Cavanagh. Staff stated that no online public input had been received for this item. Motion carried 7-0. RESOLUTION NO. 104-21 INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $46,250,000 GENERAL OBLIGATION BONDS Whereas, pursuant to notice published as required by law, the City Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of not to exceed $46,250,000 General Obligation Bonds, for essential corporate purposes, in order to provide funds to pay the costs of the opening, widening, extending, grading, and draining of the right-of-way of streets, highways, avenues, alleys and public grounds; the construction, reconstruction, and repairing of any street improvements; the acquisi- tion, installation, and repair of sidewalks, storm sewers, sanitary sewers, water service lines, street lighting, and traffic control devices; and the acquisition of any real estate needed for any of the foregoing purposes; the rehabilitation and improvement of City parks and the acquisition, repair and replacement of facilities, equipment and improve- ments commonly found in City parks; equipping the fire department; and refunding or refinancing outstanding indebtedness of the City, including General Obligation Bonds, Series 2012A, General Obligation Bonds, Series 2012B, Taxable General Obligation Bonds, Series 2012C, General Obligation Bonds, Series 2012D, General Obligation Bonds, Series 2012E, Taxable General Obligation Bonds, Series 2012F, General Obliga- tion Urban Renewal Bonds, Series 2012H, General Obligation Bonds, Series 2014B, and Taxable General Obligation Bonds, Series 2014C, and has considered the extent of ob- jections received from residents or property owners as to the proposed issuance of Bonds; and following action is now considered to be in the best interests of the City and residents thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, STATE OF IOWA- Section 1. That this Council does hereby institute proceedings and take additional ac- tion for the authorization and issuance in the manner required by law of not to exceed $46,250,000 General Obligation Bonds, for the foregoing essential corporate purposes. Section 2. This Resolution shall serve as a declaration of official intent under Treasury Regulation 1.150-2 and shall be maintained on file as a public record of such intent. It is reasonably expected that the general fund moneys may be advanced from time to time for capital expenditures which are to be paid from the proceeds of the above Bonds. The amounts so advanced shall be reimbursed from the proceeds of the Bonds not later than eighteen months after the initial payment of the capital expenditures or eighteen months after the property is placed in service. Such advancements shall not exceed the amount authorized in this Resolution unless the same are for preliminary expenditures or unless another declaration of intention is adopted. Passed and approved this 5t" day of April 2021. Roy D. Buol, Mayor 27 Attest: Adrienne N. Breitfelder, City Clerk RESOLUTION NO. 105-21 INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSU- ANCE OF NOT TO EXCEED $700,000 GENERAL OBLIGATION BONDS Whereas, pursuant to notice published as required by law, the City Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of not to exceed $700,000 General Obligation Bonds, for the general corporate purposes, in order to provide funds to pay the costs of the reconstruction, expansion of and improve- ments to the Riverfront docking facility; and the acquisition, improvement, and equipping of the fire station and facilities, and has considered the extent of objections received from residents or property owners as to the proposed issuance of Bonds; and no petition was filed calling for a referendum thereon. The following action is now considered to be in the best interests of the City and residents thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, STATE OF IOWA: Section 1. That this Council does hereby institute proceedings and take additional ac- tion for the authorization and issuance in the manner required by law of not to exceed $700,000 General Obligation Bonds, for the foregoing general corporate purposes. Section 2. This Resolution shall serve as a declaration of official intent under Treasury Regulation 1.150-2 and shall be maintained on file as a public record of such intent. It is reasonably expected that the general fund moneys may be advanced from time to time for capital expenditures which are to be paid from the proceeds of the above Bonds. The amounts so advanced shall be reimbursed from the proceeds of the Bonds not later than eighteen months after the initial payment of the capital expenditures or eighteen months after the property is placed in service. Such advancements shall not exceed the amount authorized in this Resolution unless the same are for preliminary expenditures or unless another declaration of intention is adopted. Passed and approved this 5t" day of April 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk V 2 11Y0]1011[30]►10Eel EDl VA INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSU- ANCE OF NOT TO EXCEED $700,000 GENERAL OBLIGATION BONDS Whereas, pursuant to notice published as required by law, the City Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of not to exceed $700,000 General Obligation Bonds, for the general corporate purposes, in order to provide funds to pay the costs of construction, renovation, remodeling, im- provement, equipping and repairing of Town Clock Plaza; acquisition and implementation of computer equipment including financial and utility billing software; acquisition and equipping of a light duty minibus, and has considered the extent of objections received from residents or property owners as to the proposed issuance of Bonds; and no petition was filed calling for a referendum thereon. The following action is now considered to be in the best interests of the City and residents thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF m DUBUQUE, STATE OF IOWA: Section 1. That this Council does hereby institute proceedings and take additional ac- tion for the authorization and issuance in the manner required by law of not to exceed $700,000 General Obligation Bonds, for the foregoing general corporate purposes. Section 2. This Resolution shall serve as a declaration of official intent under Treasury Regulation 1.150-2 and shall be maintained on file as a public record of such intent. It is reasonably expected that the general fund moneys may be advanced from time to time for capital expenditures which are to be paid from the proceeds of the above Bonds. The amounts so advanced shall be reimbursed from the proceeds of the Bonds not later than eighteen months after the initial payment of the capital expenditures or eighteen months after the property is placed in service. Such advancements shall not exceed the amount authorized in this Resolution unless the same are for preliminary expenditures or unless another declaration of intention is adopted. Passed and approved this 5t" day of April 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk RESOLUTION NO. 107-21 INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $600,000 GENERAL OBLIGATION BONDS Whereas, pursuant to notice published as required by law, the City Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of not to exceed $600,000 General Obligation Bonds, for the general corporate purposes, in order to provide funds to pay the costs of acquisition and equipping of a heavy duty fixed route bus, and has considered the extent of objections received from residents or property owners as to the proposed issuance of Bonds; and no petition was filed calling for a referendum thereon. The following action is now considered to be in the best inter- ests of the City and residents thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, STATE OF IOWA- Section 1. That this Council does hereby institute proceedings and take additional ac- tion for the authorization and issuance in the manner required by law of not to exceed $600,000 General Obligation Bonds, for the foregoing general corporate purposes. Section 2. This Resolution shall serve as a declaration of official intent under Treasury Regulation 1.150-2 and shall be maintained on file as a public record of such intent. It is reasonably expected that the general fund moneys may be advanced from time to time for capital expenditures which are to be paid from the proceeds of the above Bonds. The amounts so advanced shall be reimbursed from the proceeds of the Bonds not later than eighteen months after the initial payment of the capital expenditures or eighteen months after the property is placed in service. Such advancements shall not exceed the amount authorized in this Resolution unless the same are for preliminary expenditures or unless another declaration of intention is adopted. Passed and approved this 5t" day of April 2021. Attest: Adrienne N. Breitfelder, City Clerk 29 Roy D. Buol, Mayor RESOLUTION NO. 108-21 INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $950,000 GENERAL OBLIGATION URBAN RENEWAL BONDS Whereas, pursuant to notice published as required by law, the City Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of not to exceed $950,000 General Obligation Urban Renewal Bonds, for the essential cor- porate urban renewal purposes, in order to provide funds to pay the costs of aiding in the planning, undertaking and carrying out of urban renewal projects under the authority of Chapter 403 and the Amended and Restated Urban Renewal Plan for the Greater Down- town Urban Renewal District, such as those costs associated with the reconstruction, renovation, remodeling, improvement, equipping and repairing of Downtown Parking Gar- ages and ramps, and has considered the extent of objections received from residents or property owners as to the proposed issuance of Bonds; and no petition was filed calling for a referendum thereon. The following action is now considered to be in the best inter- ests of the City and residents thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, STATE OF IOWA: Section 1. That this Council does hereby institute proceedings and take additional ac- tion for the authorization and issuance in the manner required by law of not to exceed $950,000 General Obligation Urban Renewal Bonds, for the foregoing essential corporate urban renewal purposes. Section 2. This Resolution shall serve as a declaration of official intent under Treasury Regulation 1.150-2 and shall be maintained on file as a public record of such intent. It is reasonably expected that the general fund moneys may be advanced from time to time for capital expenditures which are to be paid from the proceeds of the above Bonds. The amounts so advanced shall be reimbursed from the proceeds of the Bonds not later than eighteen months after the initial payment of the capital expenditures or eighteen months after the property is placed in service. Such advancements shall not exceed the amount authorized in this Resolution unless the same are for preliminary expenditures or unless another declaration of intention is adopted. Passed and approved this 5t" day of April 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk PUBLIC INPUT Related to Action Item No. 2, Judy Wolf, 708 Kelly Ln.; Dave Klavitter, 1090 West 3rd St.; Duane Hagerty, President/CEO of Heritage Works, 1100 Main St.; and John Gronen, 1766 Plymouth Ct., spoke in opposition to City Council approving the Dream Center's request to remove 1620 and 1628 White Street from the Washington Street Neighborhood Conservation District before additional discussions occur between the Dream Center and various organizations, including Heritage Works and Steeple Square, to identify additional options. Robert Kimble, Executive Director of the Dream Center, 2519 Washington St., summarized the process that led the Dream Center to request the properties' removal from the district with the intention of demolishing the properties in order to acquire the necessary green space to qualify as a licensed childcare center. 30 ACTION ITEMS 1. Grand River Center Presentation of 2020 Annual Report: Mitzi Yordy, Manager of the Grand River Center, made a presentation to the City Council of the 2020 Annual Re- port. Motion by Resnick to receive and file the information. Seconded by Cavanagh. Mo- tion carried 7-0. 2. Dream Center: Request to Alter Washington Street Neighborhood Conservation Dis- trict Boundaries: City Clerk transmitted correspondence from the Dream Center regarding a request to remove 1620 and 1628 White Street from the Washington Street Neighbor- hood Conservation District, and City Manager recommended approval. Motion by Jones to receive and file the communications and that the requirement that a proposed ordi- nance be considered and voted on for passage at two Council meetings prior to the meet- ing at which it is to be passed be suspended. Motion failed for lack of a second. Motion by Jones to approve First Reading of a proposed ordinance amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by amending Article 10-8- A-4 pertaining to alteration of the Washington Street Neighborhood Conservation District to remove the properties at 1620 & 1628 White Street. Seconded by Roussell. City Coun- cil Members discussed at length the options for the properties. Mayor Buol stated that there was delayed public input via the City of Dubuque Facebook page from Anderson Sainci questioning the financial impact of not moving forward with the Dream Center's request. Responding to a question from the City Council, City Attorney Brumwell summa- rized the 3-meeting process for adopting an ordinance, as well as the option to waive the readings. Mr. Kimble responded to a question from the City Council regarding the Dream Center's project timeline for attaining the required green space to become a licensed childcare center. Motion carried 7-0. 3. Second Round of Fiscal Year 2021 Purchase of Services Grant Recommendations: City Manager recommended approval of the recommended funding for the Fiscal Year 2021 Purchase of Services Grant applications as follows: • Convivium Urban Farmstead, Free Take n' Bake Meals ($23,000) • Opening Doors, Permanent Supportive Housing ($25,000) • Dubuque YMCA/YWCA, Domestic Violence Shelter Services ($15,824) • Four Oaks Family and Children's Services, Four Oaks Dubuque Supportive Housing Services ($20,496) • Almost Home @ St. John's, Homeless Shelter Services ($15,680) Motion by Cavanagh to receive and file the documents and adopt Resolution No. 109- 21 Authorizing execution of Community Development Block Grant (CDBG) Purchase of Services Grant Agreements. Seconded by Resnick. Motion carried 7-0. RESOLUTION NO. 109-21 AUTHORIZING EXECUTION OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PURCHASE OF SERVICES GRANT AGREEMENTS Whereas, the following non-profit organizations prepared and submitted requests to provide support for human service programs in the City of Dubuque: 31 • Almost Home @ St. John's • Convivium Urban Farmstead • Dubuque YMCA/YWCA • Four Oaks Family and Children's Services • Opening Doors; and Whereas, the City Council approved the Community Development Block Grant FY 2021 Annual Action Plan Amendment 2 budget that included the Purchase of Services allocation; and Whereas, the submissions have been approved by the Community Development Ad- visory Commission on March 17th, 2021; and Whereas, all services provided will be to a minimum of 51 % low/moderate income res- idents. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Funding Approval/Agreements, authorized by the Community De- velopment Advisory Commission beginning April 1, 2021 for Purchase of Services Grants to the aforementioned organizations be approved. Section 2. That the Mayor of the City of Dubuque is hereby authorized and directed to execute said Agreement and related documents on behalf of the City of Dubuque, Iowa. Passed, approved, and adopted this 5t" day of April 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 4. Request to Schedule Work Session - Cyber Security Update: City Manager re- quested the City Council schedule a work session for May 3, 2021 at 5:00 p.m. to provide a cyber security update. Motion by Cavanagh to receive and file the documents and schedule the work session as recommended. Seconded by Resnick. No schedule con- flicts were expressed. Motion carried 7-0. X6111►[a]I n6146I 34zaN4101:4K Council Member Cavanagh inquired about the timeline for City Council returning to in - person meetings in Council Chambers. Mayor Buol stated that May 17 is the planned date for the City's buildings to open to the public and anticipates that the June 7 Council meeting is the first meeting that could be considered as an in -person option. Mayor Buol stated that City Council meetings would operate in a hybrid approach, with the City Coun- cil meeting in -person and limiting in -person attendance to any member of the public with business for the City Council. Once herd immunity is achieved, then the City Council would consider returning to standard meeting practices pre -pandemic. Council Member Roussell reported on her service on the Dubuque County Early Child- hood Board and thanked Mayor Buol for serving on the State Childcare Board. Ms. Rous- sell also reported on her recent appointment to the National League of Cities Race, Eq- uity, and Leadership Council. Mayor Buol advised everyone share the City's recent vaccination hotline with the pub- lic. 32 There being no further business, Mayor Buol declared the meeting adjourned at 8:39 p.m. /s/Adrienne N. Breitfelder, City Clerk 33