Loading...
5 17 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 May 17, 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 quarterly Sustainable Dubuque up- date. WORK SESSION SUSTAINABLE DUBUQUE QUARTERLY WORK SESSION Sustainable Community Coordinator Gina Bell introduced Abby Willis and David Shimek of Green Iowa AmeriCorps, who provided a presentation on recent Green Iowa AmeriCorps (GIA) initiatives. Topics included: • Free Home Energy Audits • Weatherization • Energy Saver Kits (ESKs) • Education Events • Community Outreach • Community Impact: Community Services • Community Impact: Energy Services • Partners • GIA in Action Ms. Bell then introduced Michaela Freibruger, of the Dubuque County Energy District, who provided a presentation. Topics included: • Active Iowa Energy Districts • About the Energy District • How the District Works What the Energy District Does • 2021 DBQCOED Focus Energy District Updates • The Future • Renter Energy Toolkit • Renter Story collecting The presenters responded to questions from the City Council following their respective presentations. There being no further business, Mayor Buol declared the meeting adjourned at 6:16 p.m. /s/Adrienne N. Breitfelder, City Clerk CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on May 17, 2021. Due to the COVID-19 pandemic and 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 PRESENTATION(S) 1. Women's Leadership Network - Woman of Achievement Awards: Julie Kronlage, of the Women's Leadership Network, recognized the following City of Dubuque employee nominees and award recipients of the Women of Achievement Awards: Cori Burbach; Mary Rose Corrigan; Jennifer Larson; Alexis Steger; Nicole Salazar; and Arielle Swift. The Public Information Office showed a brief video summarizing the achievements of the nominees and award recipients. PROCLAMATION(S) 1. Mental Health Month Proclamation (May 2021) was accepted by Vicki Gassman on behalf of Mental Health America of Dubuque County. 2. Peace Officers' Recognition Week Proclamation (May 16 - May 22, 2021) was ac- cepted by Assistant Police Chief Jeremy Jensen on behalf of the City of Dubuque Police Department. 3. Asian American and Pacific Islander (AAPI) Day Against Bullying and Hate Procla- mation (May 18, 2021) was accepted by Art Roche and Marlynn Livai on behalf of Inclu- sive Dubuque and the Pacific Islander Health Project. 4. Emergency Medical Service Week Proclamation (May 16 - May 22, 2021) was ac- cepted by Sam Janecke, Emergency Medical Services (EMS) Supervisor, on behalf of the EMS Teams. 3 CONSENT ITEMS Tim Johnstad, 1255 Southern Ave., requested Item No. 19 be held for separate dis- cussion. Motion by Resnick to receive and file the documents, adopt the resolutions, and dispose of as indicated, except for Item No. 19. Seconded by Jones. Motion carried 7-0. 1. Minutes and Reports Submitted: City Council Proceedings of 5/3; Community De- velopment Advisory Commission of 4/21; Housing Commission of 4/27; Library Board of Trustees of 3/20, 3/22, 3/24, and 3/25; Zoning Advisory Commission of 5/5; Zoning Board of Adjustment of 4/22; Proof of Publication for City Council Proceedings of 4/19. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: Bruce Murphy for property damage. Upon motion the documents were received, filed, and referred to the City Attorney. 3. Disposition of Claims: City Attorney advised that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities As- surance Pool: Bruce Murphy for property damage. Upon motion the documents were re- ceived, 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. 154-21 Authorizing the Director of Finance and Budget/City Treasurer to make certain payments of bills that must be paid and approved for payment in accord- ance with City procedures was adopted. RESOLUTION NO. 154-21 AUTHORIZING THE DIRECTOR OF FINANCE AND BUDGET / CITY TREASURER TO MAKE CERTAIN PAYMENTS OF BILLS THAT MUST BE PAID AND APPROVED FOR PAYMENT IN ACCORDANCE WITH CITY PROCEDURES 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 S DUBUQUE, IOWA THAT: Section 1. The Finance Director -City Treasurer is hereby authorized to issue payment for goods and services provided for City purposes in response to the purchase orders and contracts issued in compliance with state and municipal code requirements as re- quested by designated requisitioning authorities in accordance with approved budget ap- propriations. Section 2. In accordance with Iowa Code Section 372.13(6), the City Clerk and Finance Director are hereby authorized and directed to provide the statement of receipts and dis- bursements to the City Council, and to publish a summary thereof. Passed, approved, and adopted this 17t" day of May 2021. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk 5. Hiring Clerk for Bus Fare Sales and Parking Backup at Intermodal Facility: City Man- ager recommended authorization to hire a part-time Confidential Account Clerk to facili- tate bus pass sales and Parking Account clerk duties. Upon motion the documents were received, filed, and approved. 6. March 31, 2021 Quarterly Investment Report: City Manager transmitted the March 31, 2021 Quarterly Investment Report. Upon motion the documents were received and filed. 7. Proceedings to Complete Action on Issuance of $27,995,000 Tax -Exempt General Obligation Bonds, Series 2021A and $12,535,000 Taxable General Obligation Bonds, Series 2021 B: City Manager recommended approval of the suggested proceedings to complete the action required on the recent Series 2021A and Series 2021B General Ob- ligation Bonds. Upon motion the documents were received and filed, and Resolution No. 155-21 Appointing Paying Agent, Bond Registrar, and Transfer Agent, Approving the Pay- ing Agent and Bond Registrar and Transfer Agent Agreement and Authorizing the Exe- cution of the Agreement; Resolution No. 156-21 Authorizing and providing for the issu- ance, and levying a tax to pay the Bonds; Approval of the Tax Exemption Certificate and Continuing Disclosure Certificate; Resolution No. 157-21 Appointing Paying Agent, Bond Registrar, and Transfer Agent, Approving the Paying Agent and Bond Registrar and Transfer Agent Agreement and Authorizing the Execution of the Agreement; and Resolu- tion No. 158-21 Authorizing and providing for the issuance, and levying a tax to pay the Bonds; Approval of the Continuing Disclosure Certificate were adopted. RESOLUTION NO. 155-21 APPOINTING UMB BANK, N.A. OF WEST DES MOINES, IOWA, TO SERVE AS PAY- ING AGENT, BOND REGISTRAR, AND TRANSFER AGENT, APPROVING THE PAY- ING AGENT AND BOND REGISTRAR AND TRANSFER AGENT AGREEMENT AND AUTHORIZING THE EXECUTION OF THE AGREEMENT Whereas, $27,995,000 General Obligation Bonds, Series 2021A, dated June 2, 2021, have been sold and action should now be taken to provide for the maintenance of records, registration of certificates and payment of principal and interest in connection with the issuance of the Bonds; and Whereas, this Council has deemed that the services offered by UMB Bank, N.A. of West Des Moines, Iowa, are necessary for compliance with rules, regulations, and re- quirements governing the registration, transfer and payment of registered bonds; and Whereas, a Paying Agent, Bond Registrar and Transfer Agent Agreement (hereafter "Agreement") has been prepared to be entered into between the City and UMB Bank, N.A. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, STATE OF IOWA: Section 1. That UMB Bank, N.A. of West Des Moines, Iowa, is hereby appointed to serve as Paying Agent, Bond Registrar and Transfer Agent in connection with the issu- ance of $27,995,000 General Obligation Bonds, Series 2021A, dated June 2, 2021. Section 2. That the Agreement with UMB Bank, N.A. of West Des Moines, Iowa, is hereby approved and that the Mayor and Clerk are authorized to sign the Agreement on behalf of the City. Passed and approved this 17t" day of May 2021. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk RESOLUTION NO. 156-21 AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $27,995,000 GENERAL OBLIGATION BONDS, SERIES 2021A, AND LEVYING A TAX TO PAY SAID BONDS; APPROVAL OF THE TAX EXEMPTION CERTIFICATE AND CONTINUING DISCLO- SURE CERTIFICATE Whereas, the Issuer is duly incorporated, organized and exists under and by virtue of the laws and Constitution of the State of Iowa; and Whereas, the Issuer is in need of funds to pay costs of the opening, widening, extend- ing, grading, and draining of the right-of-way of streets, highways, avenues, alleys and public grounds; the construction, reconstruction, and repairing of any street improve- ments; the acquisition, installation, and repair of sidewalks, storm sewers, sanitary sew- ers, 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 improve- ment of City parks and the acquisition, repair and replacement of facilities, equipment and improvements commonly found in City parks; equipping the fire department; and refund- ing or refinancing outstanding indebtedness of the City, including General Obligation Bonds, Series 2012A, General Obligation Bonds, Series 2012B, General Obligation Bonds, Series 2012E, General Obligation Urban Renewal Bonds, Series 2012H, and General Obligation Bonds, Series 2014B, essential corporate purpose(s), and it is deemed necessary and advisable that General Obligation Bonds, to the amount of not to exceed $46,250,000 be authorized for said purpose(s); and Whereas, it is found and determined that the aforesaid adjustment and refunding of present indebtedness is necessary and in the public interest and will benefit the City and its taxpayers by restructuring five (5) outstanding issue(s) of Bonds for purposes of more efficient administration thereof; by conforming the debt service requirements to the antic- ipated receipt of tax funds thereby reducing the impact of delays in the collection of future 0 taxes upon the City's cash flow; and to adjust the requirements of the outstanding indebt- edness so as to facilitate the orderly retirement of Bonds anticipated to be issued for future capital improvements; and Whereas, it presently appears that the aforesaid benefits may be realized and at the same time savings may be effected in the debt service fund requirements of the City by refunding of the Bonds set forth in the schedule set forth as Exhibit "A", attached to this Resolution and made a part hereof by this reference; and Whereas, pursuant to notice published as required by Section 384.25 of the Code of Iowa, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of not to exceed $46,250,000 General Obligation Bonds, and the Council is therefore now authorized to proceed with the issuance of said Bonds for such purpose(s); and Whereas, the City is in need of funds to pay costs of the acquisition, improvement, and equipping of the fire station and facilities, general corporate purpose(s), and it is deemed necessary and advisable that General Obligation Bonds, to the amount of not to exceed $700,000 be authorized for said purpose(s); and Whereas, the Issuer has a population of more than 5,000 but not more than 75,000, and the Bonds for these purposes do not exceed $700,000; and Whereas, pursuant to notice published as required by Section 384.26 of the Code of Iowa, the Council of the City has held public meeting and hearing upon the proposal to institute proceedings for the issuance of Bonds for general corporate purpose(s) in the amounts as above set forth, and, no petition for referendum having been received, the Council is therefore now authorized to proceed with the issuance of said Bonds for such purpose(s); and Whereas, the City is in need of funds to pay costs of the construction, renovation, remodeling, improvement, equipping and repairing of Town Clock Plaza; acquisition and implementation of computer equipment including financial and utility billing software; ac- quisition and equipping of a light duty minibus, general corporate purpose(s), and it is deemed necessary and advisable that General Obligation Bonds, to the amount of not to exceed $700,000 be authorized for said purpose(s); and Whereas, the Issuer has a population of more than 5,000 but not more than 75,000, and the Bonds for these purposes do not exceed $700,000; and Whereas, pursuant to notice published as required by Section 384.26 of the Code of Iowa, the Council of the City has held public meeting and hearing upon the proposal to institute proceedings for the issuance of Bonds for general corporate purpose(s) in the amounts as above set forth, and, no petition for referendum having been received, the Council is therefore now authorized to proceed with the issuance of said Bonds for such purpose(s); and Whereas, the City is in need of funds to pay costs of acquisition and equipping of a heavy duty fixed route bus, general corporate purpose(s), and it is deemed necessary and advisable that General Obligation Bonds, to the amount of not to exceed $600,000 be authorized for said purpose(s); and Whereas, the Issuer has a population of more than 5,000 but not more than 75,000, and the Bonds for these purposes do not exceed $700,000-1 and Whereas, pursuant to notice published as required by Section 384.26 of the Code of Iowa, the Council of the City has held public meeting and hearing upon the proposal to 7 institute proceedings for the issuance of Bonds for general corporate purpose(s) in the amounts as above set forth, and, no petition for referendum having been received, the Council is therefore now authorized to proceed with the issuance of said Bonds for such purpose(s); and Whereas, pursuant to Section 384.28 of the Code of Iowa, it is hereby found and de- termined that the various general obligation Bonds authorized as hereinabove described shall be combined for the purpose of issuance in a single issue of $27,995,000 General Obligation Bonds as hereinafter set forth; and Whereas, pursuant to the provisions of Chapter 75 of the Code of Iowa, the above mentioned Bonds were heretofore sold at public sale and action should now be taken to issue said Bonds conforming to the terms and conditions of the best bid received at the advertised public sale. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, STATE OF IOWA: Section 1. Definitions. The following terms shall have the following meanings in this Resolution unless the text expressly or by necessary implication requires otherwise: • "Authorized Denominations" shall mean $5,000 or any integral multiple thereof. • "Beneficial Owner" shall mean, whenever used with respect to a Bond, the person in whose name such Bond is recorded as the beneficial owner of such Bond by a Participant on the records of such Participant or such person's subrogee. • "Blanket Issuer Letter of Representations" shall mean the Representation Letter from the Issuer to DTC, with respect to the Bonds. • "Bond Fund" shall mean the fund created in Section 3 of this Resolution. • "Bonds" shall mean $27,995,000 General Obligation Bonds, Series 2021A, author- ized to be issued by this Resolution. • "Cede & Co." shall mean Cede & Co., the nominee of DTC, and any successor nominee of DTC with respect to the Bonds. • "Continuing Disclosure Certificate" shall mean that certain Continuing Disclosure Certificate approved under the terms of this Resolution and to be executed by the Issuer and dated the date of issuance and delivery of the Bonds, as originally executed and as it may be amended from time to time in accordance with the terms thereof. • "Current Refunded Portion" shall mean $25,375,000 of the Bonds to refund the Refunded Bonds. • "Depository Bonds " shall mean the Bonds as issued in the form of one global certificate for each maturity, registered in the Registration Books maintained by the Registrar in the name of DTC or its nominee. • "DTC" shall mean The Depository Trust Company, New York, New York, which will act as security depository for the Bond pursuant to the Representation Letter. • "Issuer" and "City" shall mean the City of Dubuque, State of Iowa. • "New Money Portion" shall mean $3,709,917.69 of the Bonds, along with a prorata amount of proceeds used for costs of issuance and the capitalized interest fund, issued 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 ac- 1.1 quisition, installation, and repair of sidewalks, storm sewers, sanitary sewers, wa- ter 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 facili- ties, equipment and improvements commonly found in City parks; equipping the fire department; the acquisition, improvement, and equipping of the fire station and facilities; the construction, renovation, remodeling, improvement, equipping and repairing of Town Clock Plaza; acquisition and implementation of computer equipment including financial and utility billing software; acquisition and equip- ping of a light duty minibus; and the acquisition and equipping of a heavy duty fixed route bus. • "Participants" shall mean those broker -dealers, banks and other financial institu- tions for which DTC holds Bonds as securities depository. • "Paying Agent" shall mean UMB Bank, N.A., or such successor as may be ap- proved by Issuer as provided herein and who shall carry out the duties prescribed herein as Issuer's agent to provide for the payment of principal of and interest on the Bonds as the same shall become due. • "Project" shall mean the costs of the 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 improve- ments; the acquisition, installation, and repair of sidewalks, storm sewers, sani- tary 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 re- placement of facilities, equipment and improvements commonly found in City parks; equipping the fire department; refunding or refinancing outstanding indebt- edness of the City, including General Obligation Bonds, Series 2012A, General Obligation Bonds, Series 2012B, General Obligation Bonds, Series 2012D, Gen- eral Obligation Bonds, Series 2012E, General Obligation Urban Renewal Bonds, Series 2012H, General Obligation Bonds, Series 201413; the acquisition, improve- ment, and equipping of the fire station and facilities; the construction, renovation, remodeling, improvement, equipping and repairing of Town Clock Plaza; acqui- sition and implementation of computer equipment including financial and utility billing software; acquisition and equipping of a light duty minibus; and the acqui- sition and equipping of a heavy duty fixed route bus. • "Project Fund" shall mean, as to the New Money Portion, the fund established under this Resolution for the deposit of a portion of the proceeds to pay the costs of the New Money projects. As to the Current Refunded Portion, "Project Fund" shall mean the portion of the proceeds that will be used, together with interest earnings thereon, to pay the principal, interest and redemption premium, if any, on the Refunded Bonds. • "Rebate Fund" shall mean the fund so defined in and established pursuant to the Tax Exemption Certificate. • "Refunded Bonds" shall mean $2,665,000 of the General Obligation Urban Re- newal Bonds, Series 2012A dated March 15, 2012; $4,515,000 General Obliga- tion Bonds, Series 2012B, dated March 15, 2012; $1,965,000 General Obligation 0 Bonds, Series 2012E, dated December 10, 2012; $1,410,000 General Obligation Urban Renewal Bonds, Series 2012H, dated December 10, 2012; $14,820,000 General Obligation Capital Loan Notes, Series 2014B, dated December 8, 2014. • "Registrar" shall mean UMB Bank, N.A. of West Des Moines, Iowa, or such suc- cessor as may be approved by Issuer as provided herein and who shall carry out the duties prescribed herein with respect to maintaining a register of the owners of the Bonds. Unless otherwise specified, the Registrar shall also act as Transfer Agent for the Bonds. • "Resolution" shall mean this resolution authorizing the Bonds. • "Tax Exemption Certificate" shall mean the Tax Exemption Certificate approved under the terms of this Resolution and to be executed by the Treasurer and de- livered at the time of issuance and delivery of the Bonds. • "Treasurer" shall mean the Director of Finance & Budget or such other officer as shall succeed to the same duties and responsibilities with respect to the recording and payment of the Bonds issued hereunder. Section 2. Levy and Certification of Annual Tax; Other Funds to be Used. a. Levy of Annual Tax. That for the purpose of providing funds to pay the principal and interest of the Bonds hereinafter authorized to be issued, there is hereby levied for each future year the following direct annual tax on all of the taxable property in the City of Dubuque, State of Iowa, to -wit: Amount Fiscal Year (July 1 to June 30) Year of Collection $2,618,344.73 2021 /2022* $2,658,700.00 2022/2023 $2,580,900.00 2023/2024 $2,583,800.00 2024/2025 $2,550,800.00 2025/2026 $2,557,600.00 2026/2027 $2,563,400.00 2027/2028 $2,553,200.00 2028/2029 $2,552,300.00 2029/2030 $2,535,500.00 2030/2031 $1,758,100.00 2031 /2032 $1,455,300.00 2032/2033 $1,437,900.00 2033/2034 $235,300.00 2034/2035 $231,200.00 2035/2036 $237,100.00 2036/2037 $232,800.00 2037/2038 $228,500.00 2038/2039 $239,200.00 2039/2040 $234,600.00 2040/2041 * Payable from the Capitalized Interest Fund and available cash on hand. 10 (NOTE: For example the levy to be made and certified against the taxable valuations of January 1, 2020 will be collected during the fiscal year commencing July 1, 2021.) b. Resolution to be Filed With County Auditor. A certified copy of this Resolution shall be filed with the Auditor of Dubuque County, Iowa and the Auditor is hereby instructed in and for each of the years as provided, to levy and assess the tax hereby authorized in Section 2 of this Resolution, in like manner as other taxes are levied and assessed, and such taxes so levied in and for each of the years aforesaid be collected in like manner as other taxes of the City are collected, and when collected be used for the purpose of paying principal and interest on said Bonds issued in anticipation of the tax, and for no other purpose whatsoever. c. Additional City Funds Available. Principal and interest coming due at any time when the proceeds of said tax on hand shall be insufficient to pay the same shall be promptly paid when due from current funds of the City available for that purpose and reimbursement shall be made from such special fund in the amounts thus advanced. Section 3. Bond Fund. Said tax shall be assessed and collected each year at the same time and in the same manner as, and in addition to, all other taxes in and for the City, and when collected they shall be converted into a special fund within the Debt Service Fund to be known as the "2021 GENERAL OBLIGATION BOND FUND NO. 1" (the "Bond Fund"), which is hereby pledged for and shall be used only for the payment of the principal of and interest on the Bonds hereinafter authorized to be issued; and also there shall be apportioned to said fund its proportion of taxes received by the City from property that is centrally assessed by the State of Iowa. Section 4. Application of Bond Proceeds. Proceeds of the Bonds, other than accrued interest except as may be provided below, shall be credited to the Project Fund and ex- pended therefrom for the purposes of issuance. Any amounts on hand in the Project Fund shall be available for the payment of the principal of or interest on the Bonds at any time that other funds shall be insufficient to the purpose, in which event such funds shall be repaid to the Project Fund at the earliest opportunity. Any balance on hand in the Project Fund and not immediately required for its purposes may be invested not inconsistent with limitations provided by law or this Resolution. Proceeds invested shall mature before the date which the moneys are required for payment of principal and interest on the Refunded Bonds. Accrued interest, if any, shall be deposited in the Bond Fund. Section 5. Investment of Bond Fund Proceeds. All moneys held in the Bond Fund, provided for by Section 3 of this Resolution shall be invested in investments permitted by Chapter 12B, Code of Iowa, as amended, or deposited in financial institutions which are members of the Federal Deposit Insurance Corporation and the deposits in which are insured thereby and all such deposits exceeding the maximum amount insured from time to time by FDIC or its equivalent successor in any one financial institution shall be con- tinuously secured in compliance with Chapter 12C of the Code of Iowa, as amended, or otherwise by a valid pledge of direct obligations of the United States Government having an equivalent market value. All such interim investments shall mature before the date on which the moneys are required for payment of principal of or interest on the Bonds as herein provided. Section 6. Bond Details, Execution and Redemption. a. Bond Details. General Obligation Bonds of the City in the amount of 11 $27,995,000, shall be issued pursuant to the provisions of Sections 384.25, 384.26 and 384.28 of the Code of Iowa for the aforesaid purposes. The Bonds shall be designated "GENERAL OBLIGATION BOND, SERIES 2021A", be dated June 2, 2021, and bear interest from the date thereof, until payment thereof, at the office of the Paying Agent, said interest payable on December 1, 2021, and semiannually thereafter on the 1st day of June and December in each year until maturity at the rates hereinafter provided. The Bonds shall be executed by the manual or facsimile signature of the Mayor and attested by the manual or facsimile signature of the Clerk, and impressed or printed with the seal of the City and shall be fully registered as to both principal and interest as provided in this Resolution; principal, interest and premium, if any, shall be payable at the office of the Paying Agent by mailing of a check to the registered owner of the Bond. The Bonds shall be in the denomination of $5,000 or multiples thereof. The Bonds shall mature and bear interest as follows: Principal Amount Inter- est Rate Ma- turity June 1 st $2,060,000 2.00% 2022 $2,140,000 2.00% 2023 $2,105,000 2.00% 2024 $2,150,000 2.00% 2025 $2,160,000 2.00% 2026 $2,210,000 2.00% 2027 $2,260,000 2.00% 2028 $2,295,000 2.00% 2029 $2,340,000 2.00% 2030 $2,370,000 2.00% 2031 $1,640,000 2.00% 2032 $1,370,000 2.00% 2033 $1,380,000 2.00% 2034 $205,000 2.00% 2035 $205,000 2.00% 2036 $215,000 2.00% 2037 $215,000 2.00% 2038 $215,000 2.00% 2039 $230,000 2.00% 2040 $230,000 2.00% 2041 b. Redemption. i. Optional Redemption. Bonds maturing after June 1, 2028, may be called for 12 optional redemption by the Issuer on that date or any date thereafter, from any funds regardless of source, in whole or from time to time in part, in any order of maturity and within an annual maturity by lot. The terms of redemption shall be par, plus accrued interest to date of call. Thirty days' written notice of redemption shall be given to the registered owner of the Bond. Failure to give written notice to any registered owner of the Bonds or any defect therein shall not affect the validity of any proceedings for the re- demption of the Bonds. All Bonds or portions thereof called for redemption will cease to bear interest after the specified redemption date, provided funds for their redemption are on deposit at the place of payment. Written notice will be deemed completed upon transmission to the owner of record. If selection by lot within a maturity is required, the Registrar shall designate the Bonds to be redeemed by random selection of the names of the registered owners of the entire annual maturity until the total amount of Bonds to be called has been reached. If less than all of a maturity is called for redemption, the Issuer will notify DTC of the particular amount of such maturity to be redeemed prior to maturity. DTC will determine by lot the amount of each Participant's interest in such maturity to be redeemed and each Participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. All prepayments shall be at a price of par plus accrued interest. Section 7. Issuance of Bonds in Book -Entry Form; Replacement Bonds. a. Notwithstanding the other provisions of this Resolution regarding registra- tion, ownership, transfer, payment and exchange of the Bonds, unless the Issuer determines to permit the exchange of Depository Bonds for Bonds in Authorized Denominations, the Bonds shall be issued as Depository Bonds in denominations of the entire principal amount of each maturity of Bonds (or, if a portion of said principal amount is prepaid, said principal amount less the prepaid amount). The Bonds must be registered in the name of Cede & Co., as nominee for DTC. Pay- ment of semiannual interest for any Bonds registered in the name of Cede & Co. will be made by wire transfer or New York Clearing House or equivalent next day funds to the account of Cede & Co. on the interest payment date for the Bonds at the address indicated or in the Representation Letter. b. The Bonds will be initially issued in the form of separate single authenticated fully registered bonds in the amount of each stated maturity of the Bonds. Upon initial issuance, the ownership of the Bonds will be registered in the registry books of the UMB Bank, N.A. kept by the Paying Agent and Registrar in the name of Cede & Co., as nominee of DTC. The Paying Agent and Registrar and the Issuer may treat DTC (or its nominee) as the sole and exclusive owner of the Bonds registered in its name for the purposes of payment of the principal or redemption price of or interest on the Bonds, selecting the Bonds or portions to be redeemed, giving any notice permitted or required to be given to registered owners of Bonds under the Resolution of the Issuer, registering the transfer of Bonds, obtaining any consent or other action to be taken by registered owners of the Bonds and for other purposes. The Paying Agent, Registrar and the Issuer have no respon- sibility or obligation to any Participant or Beneficial Owner of the Bonds under or 13 through DTC with respect to the accuracy of records maintained by DTC or any Participant; with respect to the payment by DTC or Participant of an amount of principal or redemption price of or interest on the Bonds; with respect to any no- tice given to owners of Bonds under the Resolution; with respect to the Partici- pant(s) selected to receive payment in the event of a partial redemption of the Bonds, or a consent given or other action taken by DTC as registered owner of the Bonds. The Paying Agent and Registrar shall pay all principal of and premium, if any, and interest on the Bonds only to Cede & Co. in accordance with the Rep- resentation Letter, and all payments are valid and effective to fully satisfy and discharge the Issuer's obligations with respect to the principal of and premium, if any, and interest on the Bonds to the extent of the sum paid. DTC must receive an authenticated Bond for each separate stated maturity evidencing the obliga- tion of the Issuer to make payments of principal of and premium, if any, and in- terest. Upon delivery by DTC to the Paying Agent and Registrar of written notice that DTC has determined to substitute a new nominee in place of Cede & Co., the Bonds will be transferable to the new nominee in accordance with this Sec- tion. c. In the event the Issuer determines that it is in the best interest of the Bene- ficial Owners that they be able to obtain Bonds certificates, the Issuer may notify DTC and the Paying Agent and Registrar, whereupon DTC will notify the Partici- pants, of the availability through DTC of Bonds certificates. The Bonds will be transferable in accordance with this Section. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the Issuer and the Paying Agent and Registrar and discharging its responsibilities under applicable law. In this event, the Bonds will be transferable in accordance with this Section. d. Notwithstanding any other provision of the Resolution to the contrary, so long as any Bond is registered in the name of Cede & Co., as nominee of DTC, all payments with respect to the principal of and premium, if any, and interest on the Bond and all notices must be made and given, respectively to DTC as pro- vided in the Representation letter. e. In connection with any notice or other communication to be provided to Bondholders by the Issuer or the Paying Agent and Registrar with respect to a consent or other action to be taken by Bondholders, the Issuer or the Paying Agent and Registrar, as the case may be, shall establish a record date for the consent or other action and give DTC notice of the record date not less than 15 calendar days in advance of the record date to the extent possible. Notice to DTC must be given only when DTC is the sole Bondholder. f. The Representation Letter is on file with DTC and sets forth certain matters with respect to, among other things, notices, consents and approvals by Bond- holders and payments on the Bonds. The execution and delivery of the Repre- sentation Letter to DTC by the Issuer is ratified and confirmed. g. In the event that a transfer or exchange of the Bonds is permitted under this Section, the transfer or exchange may be accomplished upon receipt by the Reg- istrar from the registered owners of the Bonds to be transferred or exchanged and appropriate instruments of transfer. In the event Bond certificates are issued 14 to holders other than Cede & Co., its successor as nominee for DTC as holder of all the Bonds, or other securities depository as holder of all the Bonds, the provi- sions of the Resolution apply to, among other things, the printing of certificates and the method or payment of principal of and interest on the certificates. Any substitute depository shall be designated in writing by the Issuer to the Paying Agent. Any such substitute depository shall be a qualified and registered "clearing agency" as provided in Section 17A of the Securities Exchange Act of 1934, as amended. The substitute depository shall provide for (i) immobilization of the De- pository Bonds, (ii) registration and transfer of interests in Depository Bonds by book entries made on records of the depository or its nominee and (iii) payment of principal of, premium, if any, and interest on the Bonds in accordance with and as such interests may appear with respect to such book entries. h. The officers of the Issuer are authorized and directed to prepare and furnish to the purchaser, and to the attorneys approving the legality of Bonds, certified copies of proceedings, ordinances, resolutions and records and all certificates and affidavits and other instruments as may be required to evidence the legality and marketability of the Bonds, and all certified copies, certificates, affidavits and other instruments constitute representations of the Issuer as to the correctness of all stated or recited facts. Section 8. Registration of Bonds; Appointment of Registrar; Transfer; Ownership; De- livery; and Cancellation. a. Registration. The ownership of Bonds may be transferred only by the mak- ing of an entry upon the books kept for the registration and transfer of ownership of the Bonds, and in no other way. UMB Bank, N.A. is hereby appointed as Bond Registrar under the terms of this Resolution and under the provisions of a 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 Bonds for the payment of principal of and interest on the Bonds as provided in this Resolution. All Bonds shall be negotiable as provided in Article 8 of the Uniform Commercial Code and Section 384.31 of the Code of Iowa, sub- ject to the provisions for registration and transfer contained in the Bonds and in this Resolution. b. Transfer. The ownership of any Bond may be transferred only upon the Registration Books kept for the registration and transfer of Bonds and only upon surrender thereof at the office of the Registrar together with an assignment duly executed by the holder or his duly authorized attorney in fact in such form as shall be satisfactory to the Registrar, along with the address and social security num- ber or federal employer identification number of such transferee (or, if registration is to be made in the name of multiple individuals, of all such transferees). In the event that the address of the registered owner of a Bond (other than a registered owner which is the nominee of the broker or dealer in question) is that of a broker or dealer, there must be disclosed on the Registration Books the information per- taining to the registered owner required above. Upon the transfer of any such Bond, a new fully registered Bond, of any denomination or denominations per- mitted by this Resolution in aggregate principal amount equal to the unmatured and unredeemed principal amount of such transferred fully registered Bond, and 15 bearing interest at the same rate and maturing on the same date or dates shall be delivered by the Registrar. c. Registration of Transferred Bonds. In all cases of the transfer of the Bonds, the Registrar shall register, at the earliest practicable time, on the Registration Books, the Bonds, in accordance with the provisions of this Resolution. d. Ownership. As to any Bond, the person in whose name the ownership of the same shall be registered on the Registration Books of the Registrar shall be deemed and regarded as the absolute owner thereof for all purposes, and pay- ment of or on account of the principal of any such Bonds and the premium, if any, and interest thereon shall be made only to or upon the order of the registered owner thereof or his legal representative. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Bond, including the inter- est thereon, to the extent of the sum or sums so paid. e. Cancellation. All Bonds which have been redeemed shall not be reissued but shall be cancelled by the Registrar. All Bonds which are cancelled by the Registrar shall be destroyed and a certificate of the destruction thereof shall be furnished promptly to the Issuer; provided that if the Issuer shall so direct, the Registrar shall forward the cancelled Bonds to the Issuer. f. Non -Presentment of Bonds. In the event any payment check, wire, or elec- tronic transfer of funds representing payment of principal of or interest on the Bonds is returned to the Paying Agent or if any bond is not presented for payment of principal at the maturity or redemption date, if funds sufficient to pay such prin- cipal of or interest on Bonds shall have been made available to the Paying Agent for the benefit of the owner thereof, all liability of the Issuer to the owner thereof for such interest or payment of such Bonds shall forthwith cease, terminate and be completely discharged, and thereupon it shall be the duty of the Paying Agent to hold such funds, without liability for interest thereon, for the benefit of the owner of such Bonds who shall thereafter be restricted exclusively to such funds for any claim of whatever nature on his part under this Resolution or on, or with respect to, such interest or Bonds. The Paying Agent's obligation to hold such funds shall continue for a period equal to two years and six months following the date on which such interest or principal became due, whether at maturity, or at the date fixed for redemption thereof, or otherwise, at which time the Paying Agent shall surrender any remaining funds so held to the Issuer, whereupon any claim under this Resolution by the Owners of such interest or Bonds of whatever nature shall be made upon the Issuer. g. Registration and Transfer Fees. The Registrar may furnish to each owner, at the Issuer's expense, one bond for each annual maturity. The Registrar shall furnish additional Bonds in lesser denominations (but not less than the minimum denomination) to an owner who so requests. Section 9. Reissuance of Mutilated, Destroyed, Stolen or Lost Bonds. In case any out- standing Bond shall become mutilated or be destroyed, stolen or lost, the Issuer shall at the request of Registrar authenticate and deliver a new Bond of like tenor and amount as the Bond so mutilated, destroyed, stolen or lost, in exchange and substitution for such mutilated Bond to Registrar, upon surrender of such mutilated Bond, or in lieu of and substitution for the Bond destroyed, stolen or lost, upon filing with the Registrar evidence 16 satisfactory to the Registrar and Issuer that such Bond has been destroyed, stolen or lost and proof of ownership thereof, and upon furnishing the Registrar and Issuer with satis- factory indemnity and complying with such other reasonable regulations as the Issuer or its agent may prescribe and paying such expenses as the Issuer may incur in connection therewith. Section 10 Record Date. Payments of principal and interest, otherwise than upon full redemption, made in respect of any Bond, shall be made to the registered holder thereof or to their designated agent as the same appear on the books of the Registrar on the 15th day of the month preceding the payment date. All such payments shall fully discharge the obligations of the Issuer in respect of such Bonds to the extent of the payments so made. Upon receipt of the final payment of principal, the holder of the Bond shall surrender the Bond to the Paying Agent. Section 11. Execution, Authentication and Delivery of the Bonds. Upon the adoption of this Resolution, the Mayor and Clerk shall execute the Bonds by their manual or author- ized signature and deliver the Bonds to the Registrar, who shall authenticate the Bonds and deliver the same to or upon order of the Purchaser. No Bond shall be valid or oblig- atory for any purpose or shall be entitled to any right or benefit hereunder unless the Registrar shall duly endorse and execute on such Bond a Certificate of Authentication substantially in the form of the Certificate herein set forth. Such Certificate upon any Bond executed on behalf of the Issuer shall be conclusive evidence that the Bond so authenti- cated has been duly issued under this Resolution and that the holder thereof is entitled to the benefits of this Resolution. No Bonds shall be authenticated and delivered by the Registrar unless and until there shall have been provided the following: 1. A certified copy of the Resolution of Issuer authorizing the issuance of the Bonds; 2. A written order of Issuer signed by the Treasurer of the Issuer directing the authentication and delivery of the Bonds to or upon the order of the Purchaser upon payment of the purchase price as set forth therein; 3. The approving opinion of Ahlers & Cooney, P.C., Bond Counsel, concerning the validity and legality of all the Bonds proposed to be issued. Section 12. Right to Name Substitute Paying Agent or Registrar. Issuer reserves the right to name a substitute, successor Registrar or Paying Agent upon giving prompt writ- ten notice to each registered bondholder. Section 13. Form of Bond. Bonds shall be printed substantially in the form as [pro- vided]- Section 14. Closing Documents. The Mayor and City Clerk are authorized and directed to execute, attest, seal and deliver for and on behalf of the City any other additional cer- tificates, documents, or other papers and perform all other acts, including without limita- tion the execution of all closing documents, as they may deem necessary or appropriate in order to implement and carry out the intent and purposes of this Resolution. Section 15. Contract Between Issuer and Purchaser. This Resolution constitutes a contract between said City and the purchaser of the Bonds. Section 16. Non -Arbitrage Covenants. The Issuer reasonably expects and covenants that no use will be made of the proceeds from the issuance and sale of the Bonds issued hereunder which will cause any of the Bonds to be classified as arbitrage bonds within 17 the meaning of Sections 148(a) and (b) of the Internal Revenue Code of the United States, as amended, and that throughout the term of the Bonds it will comply with the require- ments of statutes and regulations issued thereunder. To the best knowledge and belief of the Issuer, there are no facts or circumstances that would materially change the foregoing statements or the conclusion that it is not ex- pected that the proceeds of the Bonds will be used in a manner that would cause the Bonds to be arbitrage bonds. Section 17 Approval of Tax Exemption Certificate. Attached hereto is a form of Tax Exemption Certificate stating the Issuer's reasonable expectations as to the use of the proceeds of the Bonds. The form of Tax Exemption Certificate is approved. The Issuer hereby agrees to comply with the provisions of the Tax Exemption Certificate and the provisions of the Tax Exemption Certificate are hereby incorporated by reference as part of this Resolution. The Director of Finance & Budget is hereby directed to make and insert all calculations and determinations necessary to complete the Tax Exemption Certificate at issuance of the Bonds to certify as to the reasonable expectations and covenants of the Issuer at that date. Section 18. Continuing Disclosure. The Issuer hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate, and the provisions of the Continuing Disclosure Certificate are hereby incorporated by reference as part of this Resolution and made a part hereof. Notwithstanding any other provision of this Resolution, failure of the Issuer to comply with the Continuing Disclosure Certificate shall not be considered an event of default under this Resolution; however, any holder of the Bonds or Beneficial Owner may take such actions as may be necessary and appropriate, including seeking specific performance by court order, to cause the Is- suer to comply with its obligations under the Continuing Disclosure Certificate. For pur- poses of this section, "Beneficial Owner" means any person which (a) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, any Bond (including persons holding Bonds through nominees, depositories or other interme- diaries), or (b) is treated as the owner of any Bonds for federal income tax purposes. Section 19. Additional Covenants, Representations and Warranties of the Issuer. The Issuer certifies and covenants with the purchasers and holders of the Bonds from time to time outstanding that the Issuer through its officers, (a) will make such further specific covenants, representations and assurances as may be necessary or advisable; (b) com- ply with all representations, covenants and assurances contained in the Tax Exemption Certificate, which Tax Exemption Certificate shall constitute a part of the contract between the Issuer and the owners of the Bonds;(c) consult with Bond Counsel (as defined in the Tax Exemption Certificate); (d) pay to the United States, as necessary, such sums of money representing required rebates of excess arbitrage profits relating to the Bonds;(e) file such forms, statements and supporting documents as may be required and in a timely manner; and (f) if deemed necessary or advisable by its officers, to employ and pay fiscal agents, financial advisors, attorneys and other persons to assist the Issuer in such com- pliance. Section 20 Amendment of Resolution to Maintain Tax Exemption. This Resolution may be amended without the consent of any owner of the Bonds if, in the opinion of Bond Counsel, such amendment is necessary to maintain tax exemption with respect to the Bonds under applicable Federal law or regulations. Section 21. Repeal of Conflicting Resolutions or Ordinances. All ordinances and reso- lutions and parts of ordinances and resolutions in conflict herewith are hereby repealed. Section 22 Severability Clause. If any section, paragraph, clause or provision of this Resolution be held invalid, such invalidity shall not affect any of the remaining provisions hereof, and this Resolution shall become effective immediately upon its passage and ap- proval. Passed and approved this 17t" day of May 2021. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk RESOLUTION NO. 157-21 APPOINTING UMB BANK, N.A. OF WEST DES MOINES, IOWA, TO SERVE AS PAY- ING AGENT, BOND REGISTRAR, AND TRANSFER AGENT, APPROVING THE PAY- ING AGENT AND BOND REGISTRAR AND TRANSFER AGENT AGREEMENT AND AUTHORIZING THE EXECUTION OF THE AGREEMENT Whereas, $12,535,000 Taxable General Obligation Bonds, Series 2021 B, dated June 2, 2021, have been sold and action should now be taken to provide for the maintenance of records, registration of certificates and payment of principal and interest in connection with the issuance of the Bonds; and Whereas, this Council has deemed that the services offered by UMB Bank, N.A. of West Des Moines, Iowa, are necessary for compliance with rules, regulations, and re- quirements governing the registration, transfer and payment of registered bonds; and Whereas, a Paying Agent, Bond Registrar and Transfer Agent Agreement (hereafter "Agreement") has been prepared to be entered into between the City and UMB Bank, N.A. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, STATE OF IOWA: 1. That UMB Bank, N.A. of West Des Moines, Iowa, is hereby appointed to serve as Paying Agent, Bond Registrar and Transfer Agent in connection with the issuance of $12,535,000 Taxable General Obligation Bonds, Series 2021 B, dated June 2, 2021. 2. That the Agreement with UMB Bank, N.A. of West Des Moines, Iowa, is hereby approved and that the Mayor and Clerk are authorized to sign the Agreement on behalf of the City. Passed and approved this 17t" day of May 2021. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk RESOLUTION NO. 158-21 AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $12,535,000 TAXABLE GENERAL OBLIGATION BONDS, SERIES 2021 B, AND LEVYING A TAX TO PAY SAID BONDS; APPROVAL OF THE CONTINUING DISCLOSURE CERTIFICATE Whereas, the Issuer is duly incorporated, organized and exists under and by virtue of the laws and Constitution of the State of Iowa; and Whereas, the Issuer is in need of funds to pay costs of refunding or refinancing out- standing indebtedness of the City, including Taxable General Obligation Bonds, Series 19 2012C, Taxable General Obligation Bonds, Series 2012F, and Taxable General Obliga- tion Bonds, Series 2014C, essential corporate purpose(s), and it is deemed necessary and advisable that Taxable General Obligation Bonds, to the amount of not to exceed $46,250,000 be authorized for said purpose(s); and Whereas, it is found and determined that the aforesaid adjustment and refunding of present indebtedness is necessary and in the public interest and will benefit the City and its taxpayers by restructuring three (3) outstanding issue(s) of Bonds for purposes of more efficient administration thereof; by conforming the debt service requirements to the antic- ipated receipt of tax funds thereby reducing the impact of delays in the collection of future taxes upon the City's cash flow; and to adjust the requirements of the outstanding indebt- edness so as to facilitate the orderly retirement of Bonds anticipated to be issued for future capital improvements; and Whereas, it presently appears that the aforesaid benefits may be realized and at the same time savings may be effected in the debt service fund requirements of the City by refunding of the Bonds set forth in the schedule set forth as Exhibit "A", attached to this Resolution and made a part hereof by this reference; and Whereas, pursuant to notice published as required by Section 384.25 of the Code of Iowa, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of not to exceed $46,250,000 General Obligation Bonds, and the Council is therefore now authorized to proceed with the issuance of said Bonds for such purpose(s); and Whereas, the City is in need of funds to pay costs of the reconstruction, expansion of and improvements to the Riverfront docking facility; general corporate purpose(s), and it is deemed necessary and advisable that Taxable General Obligation Bonds, to the amount of not to exceed $700,000 be authorized for said purpose(s); and Whereas, the Issuer has a population of more than 5,000 but not more than 75,000, and the Bonds for these purposes do not exceed $700,000; and Whereas, pursuant to notice published as required by Section 384.26 of the Code of Iowa, the Council of the City has held public meeting and hearing upon the proposal to institute proceedings for the issuance of Bonds for general corporate purpose(s) in the amounts as above set forth, and, no petition for referendum having been received, the Council is therefore now authorized to proceed with the issuance of said Bonds for such purpose(s); and Whereas, the Issuer is in need of funds to pay costs of aiding in the planning, under- taking and carrying out of urban renewal projects under the authority of Chapter 403 and the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Re- newal District, such as those costs associated with the construction, renovation, remod- eling, improvement, equipping and repairing of parking garages and ramps, essential cor- porate urban renewal purpose project(s), and it is deemed necessary and advisable that the City issue Taxable General Obligation Bonds, for such purpose(s) to the amount of not to exceed $950,000 as authorized by Sections 384.25 and 403.12 of the Code of Iowa; and Whereas, pursuant to notice published as required by Sections 384.25 and 403.12 this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of said Bonds, and all objections, if any, to such Council action made by any resident or property owner of the City were received and considered by the Council; 20 and no petition having been filed, it is the decision of the Council that additional action be taken for the issuance of said Bonds for such purpose(s), and that such action is consid- ered to be in the best interests of the City and the residents thereof; and Whereas, pursuant to Section 384.28 of the Code of Iowa, it is hereby found and de- termined that the various general obligation Bonds authorized as hereinabove described shall be combined for the purpose of issuance in a single issue of $12,535,000 General Obligation Bonds as hereinafter set forth; and Whereas, pursuant to the provisions of Chapter 75 of the Code of Iowa, the above mentioned Bonds were heretofore sold at public sale and action should now be taken to issue said Bonds conforming to the terms and conditions of the best bid received at the advertised public sale. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, STATE OF IOWA: Section 1. Definitions. The following terms shall have the following meanings in this Resolution unless the text expressly or by necessary implication requires otherwise: • "Authorized Denominations" shall mean $5,000 or any integral multiple thereof. • "Beneficial Owner" shall mean, whenever used with respect to a Bond, the person in whose name such Bond is recorded as the beneficial owner of such Bond by a Par- ticipant on the records of such Participant or such person's subrogee. • "Blanket Issuer Letter of Representations" shall mean the Representation Letter from the Issuer to DTC, with respect to the Bonds. • "Bond Fund" shall mean the fund created in Section 3 of this Resolution. • "Bonds" shall mean $12,535,000 Taxable General Obligation Bonds, Series 2021 B, authorized to be issued by this Resolution. • "Cede & Co." shall mean Cede & Co., the nominee of DTC, and any successor nominee of DTC with respect to the Bonds. • "Continuing Disclosure Certificate" shall mean that certain Continuing Disclosure Certificate approved under the terms of this Resolution and to be executed by the Is- suer and dated the date of issuance and delivery of the Bonds, as originally executed and as it may be amended from time to time in accordance with the terms thereof. • "Current Refunded Portion" shall mean $ 11,490,000 of the Bonds to refund the Refunded Bonds. • "Depository Bonds " shall mean the Bonds as issued in the form of one global certificate for each maturity, registered in the Registration Books maintained by the Registrar in the name of DTC or its nominee. • "DTC" shall mean The Depository Trust Company, New York, New York, which will act as security depository for the Bond pursuant to the Representation Letter. •"Issuer" and "City" shall mean the City of Dubuque, State of Iowa. • "New Money Portion" shall mean $1,280,399.90 of the Bonds plus a pro rata amount of the Bonds issued to pay costs of issuance and fund the capitalized interest fund issued to pay the costs of the reconstruction, expansion of and improvements to the Riverfront docking facility; and aiding in the planning, undertaking and carrying out of urban renewal projects under the authority of Chapter 403 and the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District, such as those costs associated with the construction, renovation, remodeling, improvement, equipping and repairing of parking garages and ramps. 21 • "Participants" shall mean those broker -dealers, banks and other financial institu- tions for which DTC holds Bonds as securities depository. • "Paying Agent" shall mean UMB Bank, N.A., or such successor as may be ap- proved by Issuer as provided herein and who shall carry out the duties prescribed herein as Issuer's agent to provide for the payment of principal of and interest on the Bonds as the same shall become due. • "Project" shall mean the costs of refunding or refinancing outstanding indebted- ness of the City, including Taxable General Obligation Bonds, Series 2012C, General Obligation Bonds, Series 2012F, and Taxable General Obligation Bonds, Series 2014C; the reconstruction, expansion of and improvements to the Riverfront docking facility; aiding in the planning, undertaking and carrying out of urban renewal projects under the authority of Chapter 403 and the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District, such as those costs associ- ated with the construction, renovation, remodeling, improvement, equipping and re- pairing of parking garages and ramps. • "Project Fund" shall mean, as to the New Money Portion, the fund established under this Resolution for the deposit of a portion of the proceeds to pay costs of the New Money projects. As to the Current Refunded Portion, "Project Fund" shall mean the portion of the proceeds that will be used, together with interest earnings thereon, to pay the principal, interest and redemption premium, if any, on the Refunded Bonds. • "Refunded Bonds" shall mean $4,465,000 Taxable General Obligation Bonds, Se- ries 2012C, dated June 28, 2012; $140,000 Taxable General Obligation Bonds, Series 2012F, dated December 10, 2012; and $6,885,000 Taxable General Obligation Capital Loan Notes, Series 2014C, dated December 8, 2014. • "Registrar" shall mean UMB Bank, N.A. of West Des Moines, Iowa, or such suc- cessor as may be approved by Issuer as provided herein and who shall carry out the duties prescribed herein with respect to maintaining a register of the owners of the Bonds. Unless otherwise specified, the Registrar shall also act as Transfer Agent for the Bonds. • "Resolution" shall mean this resolution authorizing the Bonds. • "Treasurer" shall mean the Director of Finance & Budget or such other officer as shall succeed to the same duties and responsibilities with respect to the recording and payment of the Bonds issued hereunder. Section 2. Levy and Certification of Annual Tax; Other Funds to be Used. a. Levy of Annual Tax. That for the purpose of providing funds to pay the principal and interest of the Bonds hereinafter authorized to be issued, there is hereby levied for each future year the following direct annual tax on all of the taxable property in the City of Dubuque, State of Iowa, to -wit - Amount Fiscal Year (July 1 to June 30) Year of Collection $1,205,003.61 2021 /2022* $1,056,600.00 2022/2023 $1,140,100.00 2023/2024 $1,156,600.00 2024/2025 $1,142,400.00 2025/2026 22 $1,148,100.00 2026/2027 $1,158,300.00 2027/2028 $1,152,900.00 2028/2029 $1,157,200.00 2029/2030 $1,166,000.00 2030/2031 $1,159,200.00 2031 /2032 $717,100.00 2032/2033 $703,400.00 2033/2034 $119,700.00 2034/2035 $122,400.00 2035/2036 * Payable from the Capitalized Interest Fund and available cash on hand. (NOTE: For example the levy to be made and certified against the taxable valuations of January 1, 2020 will be collected during the fiscal year commencing July 1, 2021.) b. Resolution to be Filed With County Auditor. A certified copy of this Resolution shall be filed with the Auditor of Dubuque County, Iowa and the Auditor is hereby instructed in and for each of the years as provided, to levy and assess the tax hereby authorized in Section 2 of this Resolution, in like manner as other taxes are levied and assessed, and such taxes so levied in and for each of the years aforesaid be collected in like manner as other taxes of the City are collected, and when collected be used for the purpose of paying principal and interest on said Bonds issued in anticipation of the tax, and for no other purpose whatsoever. c. Additional City Funds Available. Principal and interest coming due at any time when the proceeds of said tax on hand shall be insufficient to pay the same shall be promptly paid when due from current funds of the City available for that purpose and reimbursement shall be made from such special fund in the amounts thus advanced. Section 3. Bond Fund. Said tax shall be assessed and collected each year at the same time and in the same manner as, and in addition to, all other taxes in and for the City, and when collected they shall be converted into a special fund within the Debt Service Fund to be known as the "2021 GENERAL OBLIGATION BOND FUND NO. 2" (the "Bond Fund"), which is hereby pledged for and shall be used only for the payment of the principal of and interest on the Bonds hereinafter authorized to be issued; and also there shall be apportioned to said fund its proportion of taxes received by the City from property that is centrally assessed by the State of Iowa. Section 4. Application of Bond Proceeds. Proceeds of the Bonds, other than accrued interest except as may be provided below, shall be credited to the Project Fund and ex- pended therefrom for the purposes of issuance. Any amounts on hand in the Project Fund shall be available for the payment of the principal of or interest on the Bonds at any time that other funds shall be insufficient to the purpose, in which event such funds shall be repaid to the Project Fund at the earliest opportunity. Any balance on hand in the Project Fund and not immediately required for its purposes may be invested not inconsistent with limitations provided by law or this Resolution. Proceeds invested shall mature before the date which the moneys are required for payment of principal and interest on the Refunded Bonds. Accrued interest, if any, shall 23 be deposited in the Bond Fund. Section 5. Investment of Bond Fund Proceeds. All moneys held in the Bond Fund, provided for by Section 3 of this Resolution shall be invested in investments permitted by Chapter 12B, Code of Iowa, as amended, or deposited in financial institutions which are members of the Federal Deposit Insurance Corporation and the deposits in which are insured thereby and all such deposits exceeding the maximum amount insured from time to time by FDIC or its equivalent successor in any one financial institution shall be con- tinuously secured in compliance with Chapter 12C of the Code of Iowa, as amended, or otherwise by a valid pledge of direct obligations of the United States Government having an equivalent market value. All such interim investments shall mature before the date on which the moneys are required for payment of principal of or interest on the Bonds as herein provided. Section 6. Bond Details, Execution and Redemption. a. Bond Details. Taxable General Obligation Bonds of the City in the amount of $12,535,000, shall be issued pursuant to the provisions of Sections 384.25, 384.26, 403.12 and 384.28 of the Code of Iowa for the aforesaid purposes. The Bonds shall be designated "TAXABLE GENERAL OBLIGATION BOND, SERIES 2021 B", be dated June 2, 2021, and bear interest from the date thereof, until payment thereof, at the office of the Paying Agent, said interest payable on December 1, 2021, and semiannually thereafter on the 1st day of June and December in each year until maturity at the rates hereinafter provided. The Bonds shall be executed by the manual or facsimile signature of the Mayor and attested by the manual or facsimile signature of the Clerk, and impressed or printed with the seal of the City and shall be fully registered as to both principal and interest as provided in this Resolution; principal, interest and premium, if any, shall be payable at the office of the Paying Agent by mailing of a check to the registered owner of the Bond. The Bonds shall be in the denomination of $5,000 or multiples thereof. The Bonds shall mature and bear interest as follows: Principal Interest Maturity Amount Rate June 1st $955,000 2.000% 2022 $825,000 2.000% 2023 $925,000 2.000% 2024 $960,000 2.000% 2025 $965,000 2.000% 2026 $990,000 2.000% 2027 $1,020,000 2.000% 2028 $1,035,000 2.000% 2029 $1,060,000 2.000% 2030 $1,090,000 2.000% 2031 $1,105,000 2.000% 2032 $685,000 2.000% 2033 $685,000 2.000% 2034 $115,000 2.000% 2035 $120,000 2.000% 2036 b. Redemption. 24 i. Optional Redemption. Bonds maturing after June 1, 2028, may be called for optional redemption by the Issuer on that date or any date thereafter, from any funds regardless of source, in whole or from time to time in part, in any order of maturity and within an annual maturity by lot. The terms of redemption shall be par, plus accrued interest to date of call. Thirty days' written notice of redemption shall be given to the registered owner of the Bond. Failure to give written notice to any registered owner of the Bonds or any defect therein shall not affect the validity of any proceedings for the redemption of the Bonds. All Bonds or portions thereof called for redemption will cease to bear interest after the specified redemption date, provided funds for their redemption are on deposit at the place of payment. Written notice will be deemed completed upon transmission to the owner of record. If selection by lot within a maturity is required, the Registrar shall designate the Bonds to be redeemed by random selection of the names of the registered owners of the entire annual maturity until the total amount of Bonds to be called has been reached. If less than all of a maturity is called for redemption, the Issuer will notify DTC of the particular amount of such maturity to be redeemed prior to maturity. DTC will determine by lot the amount of each Participant's interest in such maturity to be redeemed and each Participant will then select by lot the beneficial ownership inter- ests in such maturity to be redeemed. All prepayments shall be at a price of par plus accrued interest. Section 7. Issuance of Bonds in Book -Entry Form; Replacement Bonds. a. Notwithstanding the other provisions of this Resolution regarding registration, ownership, transfer, payment and exchange of the Bonds, unless the Issuer deter- mines to permit the exchange of Depository Bonds for Bonds in Authorized Denom- inations, the Bonds shall be issued as Depository Bonds in denominations of the entire principal amount of each maturity of Bonds (or, if a portion of said principal amount is prepaid, said principal amount less the prepaid amount). The Bonds must be registered in the name of Cede & Co., as nominee for DTC. Payment of semian- nual interest for any Bonds registered in the name of Cede & Co. will be made by wire transfer or New York Clearing House or equivalent next day funds to the ac- count of Cede & Co. on the interest payment date for the Bonds at the address indicated or in the Representation Letter. b. The Bonds will be initially issued in the form of separate single authenticated fully registered bonds in the amount of each stated maturity of the Bonds. Upon initial issuance, the ownership of the Bonds will be registered in the registry books of the UMB Bank, N.A. kept by the Paying Agent and Registrar in the name of Cede & Co., as nominee of DTC. The Paying Agent and Registrar and the Issuer may treat DTC (or its nominee) as the sole and exclusive owner of the Bonds registered in its name for the purposes of payment of the principal or redemption price of or interest on the Bonds, selecting the Bonds or portions to be redeemed, giving any notice permitted or required to be given to registered owners of Bonds under the Resolution of the Issuer, registering the transfer of Bonds, obtaining any consent or other action to be taken by registered owners of the Bonds and for other purposes. The Paying Agent, Registrar and the Issuer have no responsibility or obligation to 25 any Participant or Beneficial Owner of the Bonds under or through DTC with respect to the accuracy of records maintained by DTC or any Participant; with respect to the payment by DTC or Participant of an amount of principal or redemption price of or interest on the Bonds; with respect to any notice given to owners of Bonds under the Resolution; with respect to the Participant(s) selected to receive payment in the event of a partial redemption of the Bonds, or a consent given or other action taken by DTC as registered owner of the Bonds. The Paying Agent and Registrar shall pay all principal of and premium, if any, and interest on the Bonds only to Cede & Co. in accordance with the Representation Letter, and all payments are valid and effective to fully satisfy and discharge the Issuer's obligations with respect to the principal of and premium, if any, and interest on the Bonds to the extent of the sum paid. DTC must receive an authenticated Bond for each separate stated maturity evidencing the obligation of the Issuer to make payments of principal of and pre- mium, if any, and interest. Upon delivery by DTC to the Paying Agent and Registrar of written notice that DTC has determined to substitute a new nominee in place of Cede & Co., the Bonds will be transferable to the new nominee in accordance with this Section. c. In the event the Issuer determines that it is in the best interest of the Beneficial Owners that they be able to obtain Bonds certificates, the Issuer may notify DTC and the Paying Agent and Registrar, whereupon DTC will notify the Participants, of the availability through DTC of Bonds certificates. The Bonds will be transferable in accordance with this Section. DTC may determine to discontinue providing its ser- vices with respect to the Bonds at any time by giving notice to the Issuer and the Paying Agent and Registrar and discharging its responsibilities under applicable law. In this event, the Bonds will be transferable in accordance with this Section. d. Notwithstanding any other provision of the Resolution to the contrary, so long as any Bond is registered in the name of Cede & Co., as nominee of DTC, all pay- ments with respect to the principal of and premium, if any, and interest on the Bond and all notices must be made and given, respectively to DTC as provided in the Representation letter. e. In connection with any notice or other communication to be provided to Bond- holders by the Issuer or the Paying Agent and Registrar with respect to a consent or other action to be taken by Bondholders, the Issuer or the Paying Agent and Registrar, as the case may be, shall establish a record date for the consent or other action and give DTC notice of the record date not less than 15 calendar days in advance of the record date to the extent possible. Notice to DTC must be given only when DTC is the sole Bondholder. f. The Representation Letter is on file with DTC and sets forth certain matters with respect to, among other things, notices, consents and approvals by Bondholders and payments on the Bonds. The execution and delivery of the Representation Let- ter to DTC by the Issuer is ratified and confirmed. g. In the event that a transfer or exchange of the Bonds is permitted under this Section, the transfer or exchange may be accomplished upon receipt by the Regis- trar from the registered owners of the Bonds to be transferred or exchanged and appropriate instruments of transfer. In the event Bond certificates are issued to hold- ers other than Cede & Co., its successor as nominee for DTC as holder of all the 26 Bonds, or other securities depository as holder of all the Bonds, the provisions of the Resolution apply to, among other things, the printing of certificates and the method or payment of principal of and interest on the certificates. Any substitute depository shall be designated in writing by the Issuer to the Paying Agent. Any such substitute depository shall be a qualified and registered "clearing agency" as pro- vided in Section 17A of the Securities Exchange Act of 1934, as amended. The substitute depository shall provide for (i) immobilization of the Depository Bonds, (ii) registration and transfer of interests in Depository Bonds by book entries made on records of the depository or its nominee and (iii) payment of principal of, premium, if any, and interest on the Bonds in accordance with and as such interests may appear with respect to such book entries. h. The officers of the Issuer are authorized and directed to prepare and furnish to the purchaser, and to the attorneys approving the legality of Bonds, certified copies of proceedings, ordinances, resolutions and records and all certificates and affida- vits and other instruments as may be required to evidence the legality and market- ability of the Bonds, and all certified copies, certificates, affidavits and other instru- ments constitute representations of the Issuer as to the correctness of all stated or recited facts. Section 8. Registration of Bonds; Appointment of Registrar; Transfer; Ownership; De- livery; and Cancellation. a. Registration. The ownership of Bonds may be transferred only by the making of an entry upon the books kept for the registration and transfer of ownership of the Bonds, and in no other way. UMB Bank, N.A. is hereby appointed as Bond Registrar under the terms of this Resolution and under the provisions of a separate agreement with the Issuer filed herewith which is made a part hereof by this reference. Registrar shall maintain the books of the Issuer for the registration of ownership of the Bonds for the payment of principal of and interest on the Bonds as provided in this Reso- lution. All Bonds shall be negotiable as provided in Article 8 of the Uniform Com- mercial Code and Section 384.31 of the Code of Iowa, subject to the provisions for registration and transfer contained in the Bonds and in this Resolution. b. Transfer. The ownership of any Bond may be transferred only upon the Reg- istration Books kept for the registration and transfer of Bonds 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 Bond (other than a registered owner which is the nominee of the broker or dealer in question) is that of a broker or dealer, there must be disclosed on the Registration Books the information pertaining to the reg- istered owner required above. Upon the transfer of any such Bond, a new fully reg- istered Bond, of any denomination or denominations permitted by this Resolution in aggregate principal amount equal to the unmatured and unredeemed principal amount of such transferred fully registered Bond, and bearing interest at the same rate and maturing on the same date or dates shall be delivered by the Registrar. c. Registration of Transferred Bonds. In all cases of the transfer of the Bonds, the 27 Registrar shall register, at the earliest practicable time, on the Registration Books, the Bonds, in accordance with the provisions of this Resolution. d. Ownership. As to any Bond, the person in whose name the ownership of the same shall be registered on the Registration Books of the Registrar shall be deemed and regarded as the absolute owner thereof for all purposes, and payment of or on account of the principal of any such Bonds and the premium, if any, and interest thereon shall be made only to or upon the order of the registered owner thereof or his legal representative. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Bond, including the interest thereon, to the extent of the sum or sums so paid. e. Cancellation. All Bonds which have been redeemed shall not be reissued but shall be cancelled by the Registrar. All Bonds which are cancelled by the Registrar shall be destroyed and a certificate of the destruction thereof shall be furnished promptly to the Issuer; provided that if the Issuer shall so direct, the Registrar shall forward the cancelled Bonds to the Issuer. f. Non -Presentment of Bonds. In the event any payment check, wire, or electronic transfer of funds representing payment of principal of or interest on the Bonds is returned to the Paying Agent or if any bond is not presented for payment of principal at the maturity or redemption date, if funds sufficient to pay such principal of or in- terest on Bonds shall have been made available to the Paying Agent for the benefit of the owner thereof, all liability of the Issuer to the owner thereof for such interest or payment of such Bonds shall forthwith cease, terminate and be completely 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 Bonds who shall thereafter be restricted exclusively to such funds for any claim of whatever nature on his part under this Resolution or on, or with respect to, such interest or Bonds. The Paying Agent's obligation to hold such funds shall continue for a period equal to two years and six months following the date on which such interest or 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 Bonds of whatever nature shall be made upon the Issuer. g. Registration and Transfer Fees. The Registrar may furnish to each owner, at the Issuer's expense, one bond for each annual maturity. The Registrar shall furnish additional Bonds in lesser denominations (but not less than the minimum denomi- nation) to an owner who so requests. Section 9. Reissuance of Mutilated, Destroyed, Stolen or Lost Bonds. In case any out- standing Bond shall become mutilated or be destroyed, stolen or lost, the Issuer shall at the request of Registrar authenticate and deliver a new Bond of like tenor and amount as the Bond so mutilated, destroyed, stolen or lost, in exchange and substitution for such mutilated Bond to Registrar, upon surrender of such mutilated Bond, or in lieu of and substitution for the Bond destroyed, stolen or lost, upon filing with the Registrar evidence satisfactory to the Registrar and Issuer that such Bond has been destroyed, stolen or lost and proof of ownership thereof, and upon furnishing the Registrar and Issuer with 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 10. Record Date. Payments of principal and interest, otherwise than upon full redemption, made in respect of any Bond, shall be made to the registered holder thereof or to their designated agent as the same appear on the books of the Registrar on the 15th day of the month preceding the payment date. All such payments shall fully discharge the obligations of the Issuer in respect of such Bonds to the extent of the payments so made. Upon receipt of the final payment of principal, the holder of the Bond shall surrender the Bond to the Paying Agent. Section 11. Execution, Authentication and Delivery of the Bonds. Upon the adoption of this Resolution, the Mayor and Clerk shall execute the Bonds by their manual or author- ized signature and deliver the Bonds to the Registrar, who shall authenticate the Bonds and deliver the same to or upon order of the Purchaser. No Bond shall be valid or oblig- atory for any purpose or shall be entitled to any right or benefit hereunder unless the Registrar shall duly endorse and execute on such Bond a Certificate of Authentication substantially in the form of the Certificate herein set forth. Such Certificate upon any Bond executed on behalf of the Issuer shall be conclusive evidence that the Bond so authenti- cated has been duly issued under this Resolution and that the holder thereof is entitled to the benefits of this Resolution. No Bonds shall be authenticated and delivered by the Registrar unless and until there shall have been provided the following: 1. A certified copy of the Resolution of Issuer authorizing the issuance of the Bonds; 2. A written order of Issuer signed by the Treasurer of the Issuer directing the authentication and delivery of the Bonds to or upon the order of the Purchaser upon payment of the purchase price as set forth therein; 3. The approving opinion of Ahlers & Cooney, P.C., Bond Counsel, concerning the validity and legality of all the Bonds proposed to be issued. Section 12. Right to Name Substitute Paying Agent or Registrar. Issuer reserves the right to name a substitute, successor Registrar or Paying Agent upon giving prompt writ- ten notice to each registered bondholder. Section 13. Form of Bond. Bonds shall be printed substantially in the form as [pro- vided]- Section 14. Closing Documents. The Mayor and City Clerk are authorized and directed to execute, attest, seal and deliver for and on behalf of the City any other additional cer- tificates, documents, or other papers and perform all other acts, including without limita- tion the execution of all closing documents, as they may deem necessary or appropriate in order to implement and carry out the intent and purposes of this Resolution. Section 15. Contract Between Issuer and Purchaser. This Resolution constitutes a contract between said City and the purchaser of the Bonds. Section 16. Continuing Disclosure. The Issuer hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate, and the provisions of the Continuing Disclosure Certificate are hereby incorporated by reference as part of this Resolution and made a part hereof. Notwithstanding any other provision of this Resolution, failure of the Issuer to comply with the Continuing Disclosure Certificate shall not be considered an event of default under this Resolution; however, any holder of the Bonds or Beneficial Owner may take such actions as may be necessary 29 and appropriate, including seeking specific performance by court order, to cause the Is- suer to comply with its obligations under the Continuing Disclosure Certificate. For pur- poses of this section, "Beneficial Owner" means any person which (a) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, any Bond (including persons holding Bonds through nominees, depositories or other interme- diaries), or (b) is treated as the owner of any Bonds for federal income tax purposes. Section 17. Repeal of Conflicting Resolutions or Ordinances. All ordinances and reso- lutions and parts of ordinances and resolutions in conflict herewith are hereby repealed. Section 18. Severability Clause. If any section, paragraph, clause or provision of this Resolution be held invalid, such invalidity shall not affect any of the remaining provisions hereof, and this Resolution shall become effective immediately upon its passage and ap- proval. Passed and approved this 17th day of May, 2021. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk 8. Plat of Survey of Vize Place #2: Zoning Advisory Commission recommended ap- proval of the Plat of Survey of Vize Place #2, subject to waiving the lot frontage require- ment for Lot 1. Upon motion the documents were received and filed, and Resolution No. 159-21 Approving the Plat of Survey of: Vize Place #2, Dubuque County, Iowa was adopted. RESOLUTION NO. 159-21 APPROVING THE PLAT OF SURVEY OF: VIZE PLACE #2, DUBUQUE COUNTY, IOWA Whereas, there has been filed with the City Clerk a Plat of Survey of: Vize Place #2, Dubuque County, Iowa that is within the City's 2-mile extraterritorial jurisdiction; and Whereas, said Plat of Survey provides 0 feet of frontage for Lot 1 on a public or ap- proved private street, where street frontage is required by Section 11-14 of Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code; and Whereas, said Plat of Survey has been examined by the Zoning Advisory Commission and its approval has been endorsed thereon; and Whereas, said Plat of Survey has been examined by the City Council and they find that it conforms to the statues and ordinances relating thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Section 11-14 of Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, is waived to allow 0 feet of frontage on a public street or an approved private street. Section 2. That the Plat of Survey: Vize Place #2, Dubuque County, Iowa is hereby approved, and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said Plat of Survey. Passed, approved and adopted this 17th day of May, 2021. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk 30 9. Pre -annexation Agreement - Joseph R. and Kelly L. Pregler: City Manager recom- mended approval of a Pre -Annexation Agreement with Joseph R. and Kelly L. Pregler, for property located at 10829 Cascade Drive, in conjunction with their request to connect to City water. Upon motion the documents were received and filed, and Resolution No. 160-21 Approving a Pre -Annexation Agreement between the City of Dubuque, Iowa and Joseph R. and Kelly L. Pregler was adopted. RESOLUTION NO. 160-21 APPROVING A PRE -ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBU- QUE, IOWA AND JOSEPH R. AND KELLY L. PREGLER Whereas, Joseph R. and Kelly L. Pregler, the owner of the following described property located at 10829 Cascade Drive in Dubuque County, Iowa (the Property) have submitted to the City Council of the city of Dubuque an application for voluntary annexation of the Property to the City of Dubuque: Lot One (1) of Lot One (1) of Lot Thirteen (13) In "Kerrigan Road Heights" in Table Mound Township, Dubuque County, Iowa, According to the Recorded Plats Thereof, Subject to Easements of Record; and Whereas, Joseph R. and Kelly L. Pregler have entered into a Pre -annexation Agree- ment with the City of Dubuque, a copy of which is attached hereto governing the future annexation of the Property; and Whereas, the Property is not subject to an existing annexation moratorium; and Whereas, the Property does not include any state or railroad property; and Whereas, Iowa Code Section 368.7 authorizes the voluntary annexation of property in Dubuque County, Iowa and the extension of city limits by voluntary annexation; and Whereas, the annexation of the Property is consistent with the Comprehensive Plan of the City of Dubuque, necessary for the future orderly growth and development of the City of Dubuque, and will promote efficient and cost-effective extension of municipal services; and Whereas, the City Council finds that the annexation of the Property is in the public interest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Pre -annexation Agreement by and between Joseph R. and Kelly L. Pregler and the City of Dubuque is hereby approved. Passed, approved, and adopted this 17t" day of May 2021. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk 10. Pre -annexation Agreement - Daved C. and Cheryl A. Peacock: City Manager rec- ommended approval of a Pre -Annexation Agreement with Daved C. and Cheryl A. Pea- cock, for property located at 9607 Monticello Drive, in conjunction with their request to connect to City water. Upon motion the documents were received and filed, and Resolu- tion No. 161-21 Approving a Pre -Annexation Agreement between the City of Dubuque, Iowa and Daved C. and Cheryl A. Peacock was adopted. RESOLUTION NO. 161-21 31 APPROVING A PRE -ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBU- QUE, IOWA AND DAVED C. AND CHERYL A. PEACOCK Whereas, Daved C. and Cheryl A. Peacock, the owner of the following described prop- erty located at 9607 Monticello Dr. in Dubuque County, Iowa (the Property) have submit- ted to the City Council of the city of Dubuque an application for voluntary annexation of the Property to the City of Dubuque: Lot 24 in "Kerrigan Road Heights" in Table Mound Township, Dubuque County, Iowa, According to the Recorded Plat Thereof; and Whereas, Daved C. and Cheryl A. Peacock has entered into a Pre -annexation Agree- ment with the City of Dubuque, a copy of which is attached hereto governing the future annexation of the Property; and Whereas, the Property is not subject to an existing annexation moratorium; and Whereas, the Property does not include any state or railroad property; and Whereas, Iowa Code Section 368.7 authorizes the voluntary annexation of property in Dubuque County, Iowa and the extension of city limits by voluntary annexation; and Whereas, the annexation of the Property is consistent with the Comprehensive Plan of the City of Dubuque, necessary for the future orderly growth and development of the City of Dubuque, and will promote efficient and cost-effective extension of municipal services; and Whereas, the City Council finds that the annexation of the Property is in the public interest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Pre -annexation Agreement by and between Daved C. and Cheryl A. Peacock and the City of Dubuque is hereby approved. Passed, approved and adopted this 17t" day of May 2021. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk 11. Appointment of Liaison to the Airport Zoning Advisory Commission: Zoning Advi- sory Commission recommended approval to appoint Rebecca Kemp and Matthew Mulli- gan as the Zoning Advisory Commission liaisons to the Airport Zoning Advisory Commis- sion. Upon motion the documents were received, filed, and approved. 12. Appointment of Liaison to the Airport Zoning Board of Adjustment: Zoning Board of Adjustment recommended approval to appoint Gwen Kosel and Matt Mauss as the Zon- ing Board of Adjustment liaisons to the Airport Zoning Board of Adjustment. Upon motion the documents were received, filed, and approved. 13. Intent to Apply for 2021 BJA Bulletproof Vest Partnership: City Manager recom- mended approval to apply for a 2021 BJA Bulletproof Vest Partnership in the amount of $14,892.50, which is 50% of the cost of the body armor. Upon motion the documents were received, filed, and approved. 14. Restaurant Revitalization Fund Postcard: City Manager provided a copy of the Restaurant Revitalization Fund public information postcard. Upon motion the documents 32 were received and filed. 15. 2021 - Q2 Update on Childcare Challenges and Collaborations: City Manager transmitted a quarterly update on the status of collaboration efforts among partners in Dubuque to address a need for sufficient quality, affordable childcare options in the com- munity. Upon motion the documents were received and filed. 16. City Support of Woodward Communication's Application for Historic Preservation Tax Credits: City Manager recommended approval of a resolution supporting an applica- tion for Historic Preservation Tax Credits by Woodward Communications, Inc. to the Iowa Economic Development Authority, the Iowa Department of Cultural Affairs, and the Na- tional Park Service for redevelopment of the property at 801 Bluff Street. Upon motion the documents were received and filed, and Resolution No. 162-21 Supporting the filing of an application by Woodward Communications, Inc. with the Iowa Economic Development Authority, the Iowa Department of Cultural Affairs, and the National Park Service for His- toric Preservation Tax Credits for the redevelopment of 810 Bluff Street in the City of Dubuque, Iowa was adopted. RESOLUTION NO. 162-21 SUPPORTING THE FILING OF AN APPLICATION BY WOODWARD COMMUNICA- TIONS, INC. WITH THE IOWA ECONOMIC DEVELOPMENT AUTHORITY, THE IOWA DEPARTMENT OF CULTURAL AFFAIRS, AND THE NATIONAL PARK SERVICE FOR HISTORIC PRESERVATION TAX CREDITS FOR THE REDEVELOPMENT OF 810 BLUFF STREET IN THE CITY OF DUBUQUE, IOWA Whereas, the City Council of the City of Dubuque, Iowa, recognizes the importance of redevelopment of the historic structure located at 801 Bluff Street in Dubuque, Iowa, known as the Telegraph Herald Building (the Property); and Whereas, Woodward Communications, Inc. wishes to redevelop the Property for use as commercial space; and Whereas, Woodward Communications, Inc. has proposed making a Four Million Five Hundred Thousand Dollar ($4,500,000.00) investment in the redevelopment of the Prop- erty; and Whereas, Woodward Communications, Inc. plans to apply to the Iowa Economic De- velopment Authority, Iowa Department of Cultural Affairs, and the National Park Service for Historic Preservation Tax Credits; and Whereas, the City Council of the City of Dubuque, Iowa believes that it is in the best interests of the City to support the filing of the Application with the Iowa Economic Devel- opment Authority, Iowa Department of Cultural Affairs, and National Park Service for His- toric Preservation Tax Credits on behalf of Woodward Communications, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council hereby supports the filing of an Application by Woodward Communications, Inc. for Historic Preservation Tax Credits with the Iowa Economic De- velopment Authority, the Iowa Department of Cultural Affairs, and the National Park Ser- vice. Section 2. That the Mayor is hereby authorized and directed to execute this Resolution 33 on behalf of the City of Dubuque and the City Clerk is authorized and directed to attest to his signature. Section 3. That the City Manager is authorized to take such action as is necessary to comply with the terms of the Resolution as herein approved. Passed, approved, and adopted this 17t" day of May 2021. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk 17. FY21 and FY22 Community Development Block Grant (CDBG) Approval of Agree- ments with the Four Mounds Foundation: City Manager recommended approval of the Community Development Block Grant (CDBG) Agreements with Four Mounds Founda- tion for part of the Leisure Services Four Mounds Adventure Day Camp Program. Upon motion the documents were received, filed, and approved. 18. Agreement with Royal Oaks Development Corporation Cedar Ridge Commercial Park - Cedar Cross Road: City Manager recommended approval of an Agreement with Royal Oaks Development Corporation for offsite improvements related to the Cedar Ridge Commercial Park subdivision located on the east side of Cedar Cross Road be- tween Starlite Drive and Crescent Ridge. Upon motion the documents were received and filed, and Resolution No. 163-21 Approving an Agreement for construction of certain off - site public roadway (Cedar Cross Road) and sanitary sewer improvements related to the Cedar Ridge Commercial Park Subdivision on Cedar Cross Road between the City of Dubuque, Iowa and Royal Oaks Development Corporation was adopted. 0 **91 ItIj I 197 Ll I' Eels[*&A APPROVING AN AGREEMENT FOR CONSTRUCTION OF CERTAIN OFF -SITE PUB- LIC ROADWAY (CEDAR CROSS ROAD) AND SANITARY SEWER IMPROVEMENTS RELATED TO THE CEDAR RIDGE COMMERCIAL PARK SUBDIVISION ON CEDAR CROSS ROAD BETWEEN THE CITY OF DUBUQUE, IOWA AND ROYAL OAKS DE- VELOPMENT CORPORATION Whereas, the City of Dubuque is contemplating an Agreement with Royal Oaks Devel- opment Corporation (RODC) for the construction of off -site public roadway (Cedar Cross Road) and sanitary sewer improvements related to the Cedar Ridge Commercial Park subdivision on Cedar Cross Road between Starlite Drive and Crescent Ridge; and Whereas, the City of Dubuque has determined that the project will require certain im- provements to the public right of way of Cedar Cross Road and the extension of a public sanitary sewer main and RODC agrees that such improvements are reasonable and nec- essary; and Whereas, RODC 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. Passed, approved, and adopted this 17t" day of May 2021. Roy D. Buol, Mayor 34 Attest: Trish L. Gleason, Assistant City Clerk 19. Signed Contract(s): Strand Associates, Inc. for Catfish Creek Old Mill Road Sani- tary Sewer Pumping Station and Force Main Design Services. Mr. Johnstad spoke about his concern of not being contacted as a property owner about the sewer pumping station planned for the property. City Engineer Gus Psihoyos stated that the Engineering Depart- ment is early in the process for the sewer pumping station and that other potential areas for the sewer pump are being explored. Mr. Psihoyos stated that his department will be meeting with Mr. Johnstad next week. Responding to a question from the City Council, City Manager Van Milligen stated that City Council is voting tonight to acknowledge that he has already signed the contract with Strand Associates, Inc. Motion by Jones to re- ceive and file the documents. Seconded by Farber. Motion carried 7-0. 20. Acknowledgement of Iowa Communities Assurance Pool (ICAP) Settlement of Si- mon vs. City of Dubuque and Dalsing: City Attorney recommended acknowledgement of the settlement release provided by the Iowa Communities Assurance Pool (ICAP) in the Simon vs. City of Dubuque and Dalsing lawsuit. Upon motion the documents were re- ceived, filed, and acknowledged. 21. Problem Property Assessment: City Manager recommended adoption of a resolu- tion authorizing the City to certify problem property charges to the Dubuque County Treasurer in order to establish real property liens for collection of such charges. Upon motion the documents were received and filed, and Resolution No. 164-21 Authorizing the City to Collect Delinquent Problem Property Charges in accordance with 14-1J1 In- ternational Property Maintenance Code Section 106.5 and/or Section 109.5 Code of Or- dinances of the City of Dubuque, Iowa was adopted. RESOLUTION NO. 164-21 AUTHORIZING THE CITY TO COLLECT DELINQUENT PROBLEM PROPERTY CHARGES IN ACCORDANCE WITH 14-1J1 INTERNATIONAL PROPERTY MAINTE- NANCE CODE SECTION 106.5 AND/OR SECTION 109.5 CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA Whereas, residential properties in the City of Dubuque are considered hazardous or unsanitary premises if problem properties are allowed to deteriorate according to 14-1 J 1; and Whereas, whenever in the judgment of the Code Official, a nuisance that is "palpably and indisputably such" exists which requires immediate action to protect the public health, safety or welfare of the public, the Code Official may order the emergency abatement of such; and Whereas, delinquent problem property charges shall be certified by the City Clerk to the Dubuque County Treasurer for collection with, and in the same manner as general property taxes. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the persons listed on the attached Problem Property Assessment Schedule are delinquent in the payment of problem property charges. 35 Section 2. That the City Clerk be and is hereby ordered and directed to certify to the County Treasurer of Dubuque County, Iowa, that the persons named on the attached Problem Property Assessment Schedule are delinquent in the payment of problem prop- erty charges in the amount set aside of the respective names, and that said amounts shall be collected in the same manner as general property taxes against the respective parcels of property set opposite the names of the owners. Passed, approved and adopted this 17t" day of May 2021. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk Schedule of Assessments Vacant or Abandoned Building Problem Property Assessments 945 Bluff; LOT 11 - E. 1/2 - CITY LOT 655 & LOT 2-1A LORIMER SUB; Pottebaum, Ricky & May, Liesl; DBA R&L Construction 709 Garfield Ave Dubuque IA 52001; 1024457023; $995.00; PP 22. Grass and Weed Cutting and Garbage Collection Assessments: City Manager rec- ommended adoption of a resolution authorizing the City Clerk to certify grass and weed cutting and garbage collection charges to the Dubuque County Treasurer in order to es- tablish real property liens for collection of such charges. Upon motion the documents were received and filed, and Resolution No. 165-21 Authorizing the City to collect delinquent grass and weed cutting and garbage collection charges in accordance with Title 6-4-3A and Title 6-8-2 of the Code of Ordinances of the City of Dubuque, Iowa was adopted. N **91ItIj I 197 Ll I' Eels I &A AUTHORIZING THE CITY TO COLLECT DELINQUENT GRASS AND WEED CUTTING AND GARBAGE COLLECTION CHARGES IN ACCORDANCE WITH TITLE 6-4-3A AND TITLE 6-8-2 OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA Whereas, residential properties in the City of Dubuque are considered substandard if any conditions exist to an extent that endanger life, limb, health, property, safety or wel- fare of the public or the occupants thereof; and Whereas, whenever in the judgment of the Housing Officer, a nuisance that is "palpably and indisputably such" exists which requires immediate action to protect the public health, safety or welfare of the public, the Housing Officer may order the emergency abatement of such; and Whereas, delinquent grass and weed cutting and garbage collection charges shall be certified by the City Clerk to the Dubuque County Treasurer for collection with, and in the same manner as general property taxes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That the persons listed on the attached Grass/Weed/Garbage Assessment Schedule are delinquent in the payment of grass and weed cutting and garbage collection charges: Section 2. That the City Clerk be and is hereby ordered and directed to certify to the County Treasurer of Dubuque County, Iowa, that the persons named on the attached 36 Grass/Weed/Garbage Assessment Schedule are delinquent in the payment of grass and weed cutting and garbage collection charges in the amount set aside of the respective names, and that said amounts shall be collected in the same manner as general property taxes against the respective parcels of property set opposite the names of the owners. Passed, approved, and adopted this 17t" day of May 2021. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk Schedule of Assessments Delinquent Grass and Weed Cutting and Garbage Removal Accounts Location; Owner; Parcel #; Amount; Category 2578 Central; LOT 1-2-237 Davis Farm Add; Breitsprecker, Cathleen M; 196 Kauf- mann Ave Dubuque IA 52001; 1013376004; $187.83; garbage 685 Jefferson; LOT 1-W 1/2 of LOT 17 Farley's Sub; Mid -America Property Manage- ment LLC; PO Box 1572 Dubuque IA 52004-1572; 1024385013; $76.78; garbage 2578 Central; LOT 1-2-237 Davis Farm Add; Breitsprecker, Cathleen M; 196 Kauf- mann Ave Dubuque IA 52001; 1013376004; $143.55; garbage 2672 Central; S 32'-275 Davis Farm Add Exc E 10'; Budde, Lance A; 7697 N Indian Rdg. East Dubuque IL 61025; 1013328004; $76.78; garbage 815 Montcrest; LOT 19 & 20 Pleasant View; Ganahl, Timothy A; 815 Montcrest St Dubuque IA 52001; 1023230004; $207.10; garbage 2161 Washington; LOT 1-86 & S 11.8' LOT 85 L H Langworthy's Add; Williams, Kristina & Kelton; 2161 Washington St Dubuque IA 52001; 1024334012; $123.55; garbage 577 W Locust; LOT 17 Cox's Add; JG Investments LLC; 9120 Long Tail Ln Dubuque IA 52003; 1024177027; $123.55; garbage 1266 Jackson; S 1/2 LOT 58 & N 1'6"- N 1/2 - LOT 59 East Dubuque Add; Moonlit Beaches Investments LLC; 816 Vine St Maquoketa IA 52060; 1024435006; $123.55; gar- bage 1238 Jackson; N 25' - LOT 60 East Dubuque Add; Ulhaq, Irfan & Kwon, Miyeon; 995 Mount View CT Platteville WI 53818-1816; 1024435010-1 $123.55-1 garbage 115 Cherokee; LOT 2-3, 1-4, & 2-1-5 Dubuque Homes Sub #2; McCarty, Jake L; 115 Cherokee Dr Dubuque IA 52003; 1026351005-1 $123.55-1 garbage 655 Jefferson; LOT 19 Farley's Sub; Mckenna, Michael Patrick; 6000 S 35th Street Mcallen TX 78503; 1024385017-1 $207.10-1 garbage 576 W Locust; LOT 12 Quigley's Sub of 710; 576 Locust St Apartments LLC; 309 Winnebago Dr Galena IL 61036; 1024159008-1 $131.05-1 garbage 2415 Jackson; LOT 4 New Jackson Sub; Brandel, Brian; 2304 Jackson St Dubuque IA 52001; 1013379028-1 $338.38-1 garbage 23. Fiscal Year 2020 Housing & Urban Development (HUD) Continuum of Care Pro- gram Agreement: City Manager recommended approval of an agreement with the Iowa Balance of State and the U.S. Department of Housing & Urban Development (HUD) for the administration of the Continuum of Care Special Needs Assistance Program (SNAP) in the amount of $90,583. Upon motion the documents were received and filed, and Res- olution No. 166-21 Approving the Continuum of Care Grant Agreement and authorizing the Director of Housing and Community Development and the City Manager to execute 37 and administer the grant was adopted. RESOLUTION NO. 166-21 APPROVING THE CONTINUUM OF CARE GRANT AGREEMENT AND AUTHORIZ- ING THE DIRECTOR OF HOUSING AND COMMUNITY DEVELOPMENT AND THE CITY MANAGER TO EXECUTE AND ADMINISTER THE GRANT Whereas, the U.S. Department of Housing and Urban Development published the availability of the Continuum of Care grant for the Collaborative Applicants including the Iowa Balance of the Continuum of Care; and Whereas, the City of Dubuque Phoenix Housing Project applied for funds and were awarded $90,583 to serve approximately fifteen families in FY 2022; and Whereas, the City of Dubuque has administered the Continuum of Care grant since 2007; and Whereas, the City of Dubuque proposes to continue administering the Continuum of Care grant to assist homeless, disable persons with permanent supportive housing; and Whereas, the City of Dubuque wishes to enter into an agreement with the U.S. Depart- ment of Housing and Urban Development to administer the Continuum of Care Grant. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: Section 1. The City Council approves the grant agreement with the U.S. Department of Housing and Urban Development for the acceptance and administration of the Contin- uum of Care Grant funds. Section 2. The City Council authorizes the Housing and Community Development Di- rector and the City Manager to execute, manage and act in accordance with the terms of the agreement Passed, approved, and adopted this 17t" day of May 2021. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk 24. Approval and Submission of Annual Public Housing Agency (PHA) Plan: City Man- ager recommended approval of the submission of the Annual Public Housing Agency Plan along with the Certification of Consistency with the Consolidated Plan to the U.S. Department of Housing and Urban Development. Upon motion the documents were re- ceived and filed, and Resolution No. 167-21 Authorizing the Mayor to execute the certifi- cation by State or Local Office of Public Housing Agency (PHA) Plan's Consistency with the Consolidated Plan and approval of the PHA Annual Plan was adopted. RESOLUTION NO. 167-21 AUTHORIZING THE MAYOR TO EXECUTE THE CERTIFICATION BY STATE OR LO- CAL OFFICE OF PUBLIC HOUSING AGENCY (PHA) PLAN'S CONSISTENCY WITH THE CONSOLIDATED PLAN AND APPROVAL OF THE PHA ANNUAL PLAN Whereas, the U.S. Department of Housing and Urban Development requires submis- sion of the Public Housing Agency (PHA) Plan on an annual basis; and Whereas, the U.S. Department of Housing and Urban Development requires Certifica- tion of the PHA Plan's Consistency with the Consolidated Plan; and Whereas, the City of Dubuque has prepared the PHA Annual Plan in consistency with the Consolidated Plan and wishes to submit the plan as required. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE IOWA: Section 1: That the Mayor is hereby authorized and directed to certify the PHA Plan's Consistency with the Consolidated Plan. Section 2: That the Director of Housing and Community Development is hereby au- thorized to submit the PHA Plan and the Certification as required by the U.S. Department of Housing and Urban Development. Passed, approved, and adopted this 17t" day of May 2021. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk 25. Proposed Amendment to Master Co -Location and Shared Services Agreement Be- tween the City of Dubuque and Interstate Power and Light: City Manager recommended approval of an Amendment to the Master Co -Location and Shared Services Agreement with Interstate Power and Light (IPL) for installation of a shared fiber conduit route within the City of Dubuque. Upon motion the documents were received, filed, and approved. 26. Proposed Conduit License Agreement between City of Dubuque and Iowa Depart- ment of Transportation and Proposed Amendment to Master Co Location and Shared Services Agreement Between the City of Dubuque and Wisconsin Independent Network: City Manager recommended approval of two interrelated actions. The first is approval to enter into a Conduit License Agreement with the Iowa Department of Transportation for the use of a two-inch fiberoptics conduit on the Julien Dubuque Bridge. The second is approval of an Amendment to an existing Master Co -Location and Shared Services Agreement between the City of Dubuque and Wisconsin Independent Network (WIN). Upon motion the documents were received, filed, and approved. 27. Proposed Amendment to Master Co -Location and Shared Services Agreement Be- tween the City of Dubuque and Unite Private Network: City Manager recommended ap- proval of an Amendment to the Master Co -Location and Shared Services Agreement be- tween the City of Dubuque and Unite Private Network (UPN). Upon motion the documents were received, filed, and approved. 28. Master Co -Location and Shared Services Agreement Between the City of Dubuque and Dubuque County: City Manager recommended approval of a Master Co -Location and Shared Services Agreement between the City of Dubuque and Dubuque County for Fiber Optic Cable and Conduit in the Greater Dubuque Region. Upon motion the documents were received, filed, and approved. 29. Adoption of Code of Ordinances Supplement No. 2021 S-3: City Clerk recom- mended adoption of Supplement No. 2021 S-3 to the City of Dubuque Code of Ordi- nances that codifies Ordinances Nos. 52-20 and 1-21 through 10-21. Upon motion the documents were received and filed, and Resolution No. 168-21 Adopting Supplement No. 2021 S-3 to the Code of Ordinances of the City of Dubuque, Iowa was adopted. 39 RESOLUTION NO. 168-21 ADOPTING SUPPLEMENT NO. 2021 S-3 TO THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA Whereas, under date of August 17, 2009, the City Council, pursuant to Ordinance No. 43-09, readopted the Code of Ordinances of the City of Dubuque, Iowa in its entirety; and Whereas, since August 17, 2009 the City Council of the City of Dubuque, Iowa has adopted certain ordinances amending the Code of Ordinances and said amendments have been printed as supplements to the Code of Ordinances; and Whereas, Section 380.8 of the Code of Iowa provides that supplements, by resolution, become part of the Code of Ordinances; and Whereas, Code Supplements are prepared by the American Legal Publishing of Cin- cinnati, Ohio and filed in the Office of the City Clerk of the City of Dubuque, Iowa. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Supplement No. 2021 S-3 to the City of Dubuque Code of Ordinances, which codifies Ordinance Nos. 52-20 and 1-21 through 10-21 as approved by City Council through March 24, 2021 is hereby adopted and becomes part of the Code of Ordinances of the City of Dubuque, Iowa. Passed, approved, and adopted this 17t" day of May 2021. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk 30. Alcohol and Tobacco License Applications: City Manager recommended approval of annual liquor, beer, wine, and tobacco license applications as submitted. Upon motion the documents were received and filed, and Resolution No. 169-21 Approving applica- tions for beer, liquor, and/or wine permits, as required by City of Dubuque Code of Ordi- nances Title 4 Business and License Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits and Resolution No. 170-21 Approving ap- plications for retail cigarette/tobacco sales/nicotine/vapor permits, as required by Iowa Code Chapter 453A.47A was adopted. RESOLUTION NO. 169-21 APPROVING APPLICATIONS FOR BEER, LIQUOR, AND/OR WINE PERMITS, AS 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 we documentation: Renewals Days Inn & Spirits Bar & Grill 1111 Dodge St. Ichiban Habachi Steakhouse & Sushi Bar 3187 University Ave. Oky Doky #1 250 W 1 st St. Shenanigans Pub, LLC 3203 Jackson St. Shot Tower Inn 390 Locust St. Tobacco Outlet Plus #504 806 Wacker Dr. Suite 140 Special Events per Special Event Application Submittal Jubeck New World Brewing 115 W. 11t" St. sidewalk and street area each Wednesday until end of August Adding A Privilege Fat Tuesday's 1121 Universit Ave. Passed, approved, and adopted this 17th day of May 2021. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk RESOLUTION NO. 170-21 APPROVING APPLICATIONS FOR RETAIL CIGARETTE / TOBACCO SALES / NICO- TINE / VAPOR PERMITS, AS REQUIRED BY IOWA CODE 453A.47A Whereas, applications for Cigarette/Tobacco Sales have been submitted and filed with the City Council for approval, and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City and the applicants have filed the proper fees and otherwise complied with the requirements of the Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The City Clerk is hereby authorized and directed to cause to be issued the following named applicants and locations for cigarette/tobacco sales permit. ........................................ . ......... ......... ....... ......... ......... Business Name Business Address ....................................................................................................................................................................................................................................................................................................................................................................................................................................................................... u Dubu#e Tobacco and Grocery1248 Iowa St. ......................................................................................................................_................................................................................................................................................................................. Passed, approved, and adopted this 17t" day of May 2021. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk ITEMS SET FOR PUBLIC HEARING Motion by Resnick to receive and file the documents, adopt the resolutions, and set the public hearings as indicated. Seconded by Roussell. Motion carried 7-0. 1. Bee Branch Railroad Culvert Trail Project: CIP #3401654, Project #4X0039 and CIP #7201654, Project #8X0144: City Manager recommended initiation of the public bidding procedure for the Bee Branch Railroad Culvert Trail Project, and further recommends that a public hearing be set for June 7, 2021. Upon motion the documents were received and filed, and Resolution No. 171-21 Bee Branch Railroad Culvert Trail Project: Preliminary approval of plans, specifications, form of contract, and estimated cost; setting date of 41 public hearing on plans, specifications, form of contract, and estimated cost; and ordering the advertisement for bids was adopted setting a public hearing for a meeting to com- mence at 6:30 p.m. on June 7, 2021 conducted virtually. RESOLUTION NO. 171-21 BEE BRANCH RAILROAD CULVERT TRAIL PROJECT - PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE ADVERTISEMENT FOR BIDS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The proposed plans, specifications, form of contract and estimated cost for the Bee Branch Railroad Culvert Trail Project in the estimated amount of $448,096.00 are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. Section 2. A public hearing will be held on the 7th day of June 2021, at 6:30 p.m. in the Historic Federal Building Council Chambers (and/or by virtual means), 350 W. 6th Street, Dubuque, Iowa, at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, form of contract, or estimated cost of the Project. Section 3. The Bee Branch Railroad Culvert Trail Project is hereby ordered to be ad- vertised for bids for construction. Section 4. The amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the Notice to Bidders hereby approved. Section 5. The City Engineer is hereby directed to advertise for bids for the construction of the improvements herein provided, by publishing the attached Notice to Bidders to be published in on a contractor plan room service with statewide circulation and posted on the City of Dubuque website at www.cityofdubuque.org/bids and which notice shall be published not less than thirteen but not more than forty-five days before the date for filing bids before 2.00 p.m. on the 24th day of June, 2021. Bids shall be opened and read by the City Clerk at said time and will be submitted to the City Council for final action at 6:30 p.m. on the 6th day of July 2021, in the Historic Federal Building Council Chambers (sec- ond floor), 350 West 6th Street, Dubuque, Iowa. Passed, adopted, and approved this 17th day of May 2021. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk 2. Fire Station 6 External Stairwell Addition Project Request to Initiate Construction Bidding - CIP: 350-2706: City Manager recommended initiation of the public bidding pro- cedure for the Fire Station 6 External Stairwell Addition Project, and further recommended 42 that a public hearing be set for June 7, 2021. Upon motion the documents were received and filed, and Resolution No. 172-21 Fire Station 6 External Stairwell Addition Project: preliminary approval of plans, specifications, form of contract, and estimated cost; setting date of public hearing on plans, specifications, form of contract, and estimated cost; and ordering the advertisement for bids was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on June 7, 2021 conducted virtually. RESOLUTION NO. 172-21 FIRE STATION 6 EXTERNAL STAIRWELL ADDITION PROJECT - PRELIMINARY AP- PROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE ADVERTISEMENT FOR BIDS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The proposed plans, specifications, form of contract and estimated cost for the Fire Station 6 External Stairwell Addition Project in the estimated amount $346,000.00, are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. Section 2. A public hearing will be held on the 7th day of June 2021, at 6:30 p.m. in the Historic Federal Building Council Chambers (and/or by virtual means), 350 W. 611 Street, Dubuque, Iowa, at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, form of contract, or estimated cost of the Project. Section 3. The Fire Station 6 External Stairwell Addition Project is hereby ordered to be advertised for bids for construction. Section 4. The amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the Notice to Bidders hereby approved. Section 5. The City Engineer is hereby directed to advertise for bids for the construction of the improvements herein provided, by publishing the attached Notice to Bidders to be published in contractor plan room service with statewide circulation and posted on the City of Dubuque website at www.cityofdubuque.org/bids and which notice shall be pub- lished not less than thirteen but not more than forty-five days before the date for filing bids before 2:00 p.m. on the 9th day of June 2021. Bids shall be opened and read by the City Clerk at said time and will be submitted to the City Council for final action at 6.30 p.m. on the 21 st day of June 2021, in the Historic Federal Building Council Chambers (and/or by virtual means), 350 West 6th Street, Dubuque, Iowa. Passed, adopted, and approved this the 17th day of May 2021. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk 43 3. Jule Public Hearing Iowa Department of Transportation's Consolidated Funding Ap- plication: City Manager recommended the City Council schedule a public hearing for June 21, 2021, on the Jule's Iowa Department of Transportation Consolidated Funding Appli- cation. Upon motion the documents were received and filed, and Resolution No. 173-21 Setting the date for a public hearing on Iowa DOT Consolidated Funding Application was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on June 21, 2021 conducted virtually. RESOLUTION NO. 173-21 SETTING THE DATE FOR A PUBLIC HEARING ON IOWA DOT CONSOLIDATED FUNDING APPLICATION Whereas, the City of Dubuque provides fixed -route and paratransit services for the citizens of Dubuque; and Whereas, the Iowa Department of Transportation (IDOT) is a pass -through funding entity for federal capital and operating funds; and Whereas, the City has historically applied through the IDOT for these funds; and Whereas, the City Council finds that the applying for the funds to be beneficial to the continued provision of transit service for the citizens of Dubuque; and Whereas, The Iowa Department of Transportation application will include requests and mandatory certifications by the City of Dubuque as follows: From the State Transit Assistance Program: 2.02% of formula funds, Total: $327,654 From federal funds for transit in non -urbanized areas and/or for transit serving pri- marily elderly persons and persons with disabilities: $61,397 We understand acceptance of federal transit assistance involves an agreement to comply with certain labor protection provisions. We certify that the City of Dubuque/The Jule has sufficient non-federal funds or suf- ficient in -kind match to provide required local match for capital projects and at time of delivery will have the funds to operate and maintain vehicles and equipment pur- chased under this contract. We request that State Transit Assistance formula funding be advanced as allowed by law, to improve system cash flow. We authorize Russell Stecklein, Director of Transportation Services, on behalf of the City Council, to apply for financial assistance and to enter into related contract(s) with the Iowa Department of Transportation. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: A public hearing will be held as part of the City Council Meeting on June 21, 2021. The meeting will begin at 6:00 p.m. and will be held in the City Council Chambers of the His- toric Federal Building, 350 W 6th Street, Dubuque, Iowa. The purpose of the hearing is to allow public comment on the Consolidated Funding Application. Passed, adopted and approved this 17th day of May, 2021. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk [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:Hcityofdubuque.novusagenda.com/AgendaPublic/ or by contacting the City Clerk's Office at 563-589-4100, ctyclerk@cityofdubuque.org.] BOARDS/COMMISSIONS Appointments were made to the following commission at this meeting. 1. Zoning Advisory Commission: One, 3-Year term through July 1, 2023 (Vacant term of Smith). Applicant: Teri Zuccaro, 1765 Plymouth Ct. This commission is subject to the State of Iowa Gender Balance Law. 7 Commissioners total; currently 3 males/3 females/1 opening. Motion by Cavanagh to appoint Ms. Zuccaro to the 3-year term through July 1, 2023. Seconded by Resnick. Motion carried 7-0. PUBLIC HEARINGS 1. Request to Rezone 3049 Asbury Road - Traditional Zoning Request: Proof of publi- cation on notice of public hearing to consider approval of a request from Drew Siegert to rezone property located at 3049 Asbury Road from C-2 Neighborhood Shopping Center to C-3 General Commercial, and Zoning Advisory Commission recommended approval. Motion by Jones to receive and file the documents and that the requirement that a pro- posed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Resnick. Planning Services Manager Wally Wernimont provided a staff report. Stan Irwin, 2140 Judson Dr., spoke in opposition to the rezoning request, expressing concern that nearby properties may request the same type of rezoning. Mr. Wernimont stated that conditional rezonings are rare and are permitted by the state. Since the property is directly adjacent to residen- tial properties, future rezoning is not likely to occur. City Council expressed their support of the Zoning Advisory Commissions' decision and stated that the conditional use rezon- ing was a good compromise. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 19-21 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by re- classifying hereinafter described property located at 3049 Asbury Road from C-2 Neigh- borhood Commercial Shopping Center District to C-3 General Commercial District with conditions as established in the attached Memorandum of Agreement. Seconded by Res- nick. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 19-21 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI- FIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 3049 ASBURY ROAD FROM C-2 NEIGHBORHOOD COM- MERCIAL SHOPPING CENTER DISTRICT TO C-3 GENERAL COMMERCIAL DIS- TRICT WITH CONDITIONS AS ESTABLISHED IN THE ATTACHED MEMORANDUM OF AGREEMENT 45 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, the Unified Devel- opment Code, is hereby amended by reclassifying the hereinafter -described property from C-2 Neighborhood Commercial Shopping Center District to C-3 General Commercial District with conditions, to wit: Lot 1 of "Vorwald Place No.2" in the City of Dubuque, Iowa, according to the rec- orded plats thereof, subject to easements of record and to the centerline of the ad- joining public right-of-way, all in the City of Dubuque, Iowa. Section 2. That the foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This Ordinance shall take effect immediately upon publication, as provided by law. Passed, approved, and adopted this 17t" day of May, 2021. /s/Roy D. Buol, Mayor Attest: /s/Trish L. Gleason, Assistant City Clerk Published officially in the Telegraph Herald newspaper on the 21st day of May, 2021. /s/ Trish L. Gleason, Assistant City Clerk 2. Agreement with Affordable Housing Network Inc. (AHNI) for Re -Development of Bishop Block, 90 Main Street: Proof of publication on notice of public hearing to consider City Council holding a public hearing on May 17, 2021 to solicit input for a development agreement with Affordable Housing Network Inc (AHNI) and approve the redevelopment agreement for 90 Main Street, and City Manager recommended approval. Motion by Cavanagh to receive and file the documents and adopt Resolution No. 174-21 Approving an Agreement with Affordable Housing Network, Inc. for the redevelopment of Bishop Block. Seconded by Jones. Housing and Community Development Director Alexis Steger and City Manager Van Milligen responded to questions from the City Council regarding the location of Bishop Block's office, the City's procedure for loans, the City's business activities with Bishop Block, and the inclusion of Housing Choice Vouchers (HCVs) in the First Amendment to the Development Agreement. City Council expressed their support in the revitalization of the property. Motion carried 7-0. RESOLUTION NO. 174-21 APPROVING AN AGREEMENT WITH AFFORDABLE HOUSING NETWORK, INC. FOR THE RE -DEVELOPMENT OF BISHOP BLOCK Whereas, Bishop's Block Limited Partnership, an Iowa limited partnership (Bishop's Block) is the owner of the property at 90 Main Street, Dubuque, Iowa, legally described as follows: Lots 1 and 2 of the West'/2 of Block 1 of Dubuque Harbor Co's Addition, in the City of Dubuque, Iowa, according to the recorded plat thereof, and Lot 531 and the North 1/2 of Lot 532 in the City of Dubuque, Iowa, according to the United States Commis- sioner's Map of the Town of Dubuque, Iowa (the Property); and Whereas, AHNI has entered into a Real Estate Sale Agreement with Bishop's Block to purchase the Property; and EN Whereas, City and Bishop's Block entered into an Amended and Restated Loan Agree- ment (the Loan Agreement) dated March 5, 1999, as amended; and Whereas, the Loan Agreement requires City to consent to the sale of the Property; and Whereas, pursuant to the Loan Agreement, City loaned to Bishop's Block $350,000 and Bishop's Block evidenced by Amended and Restated Promissory Note dated March 5, 1999 (the Note) and a Mortgage dated March 5, 1999 filed May 7, 1999, Instrument Number 7663-99, Records of the Dubuque County, Iowa Recorder (the Mortgage); and Whereas, the Note and Mortgage remain unsatisfied; and Whereas, AHNI has requested that City consent to the sale of the Property, terminate the Loan Agreement, cancel the Note and release the Mortgage; and Whereas, the City Council will hold a public hearing to solicit input on the development agreement with Affordable Housing Network Inc. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: Section 1. The City Council approves the development agreement with the Affordable Housing Network Inc for the redevelopment of 90 Main Street. Section 2. The City Council authorizes the City Manager or the City Manager's de- signee to manage the agreement and act in accordance with the terms of the agreement. Passed, approved and adopted this 17t" day of May, 2021. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk PUBLIC INPUT Due to the COVID-19 pandemic and mandates for social distancing, public input was made available through GoToMeeting chat function, City Council and City Clerk email accounts. Ethain Carin, 1755 Avoca, and Brittany Krapfl, 993 Patricia Ann Dr., requested City Council repeal the City's Face Covering Ordinance. TJ Weber, 755 Mount Carmel Rd., was unable to speak due to audio issues, but submitted a comment in the GoToMeet- ing chat stating his concurrence with Mr. Carin and Ms. Krapfl's comments regarding the Face Covering Ordinance. /_T"IIC01194Ly,&' 1. COVID-19 Update and City Council Face Covering Ordinance Discussion: Mary Rose Corrigan, Public Health Specialist for the City of Dubuque, provided an update on the COVID-19 pandemic and response activities as part of the City Council's discussion of the City's Face Covering Ordinance. Motion by Cavanagh to receive and file the infor- mation, listen to the presentation, and refer to the City Council. Seconded by Farber. Ms. Corrigan provided a power point presentation. Topics included: • Incident Management Team (IMT) • New COVID-19 Cases • COVID-19 Hospitalizations • Total Deaths — Dubuque County • Vaccination Progress • Population over 18 Fully Vaccinated 47 • Vaccine Breakthrough • Vaccine Community Education • Face Covering Ordinance • Face Covering Ordinance Considerations Responding to questions from the City Council, Ms. Corrigan stated that 47% of Dubu- que County residents are fully vaccinated and that the vaccination rate for adjacent coun- ties should continue to be monitored. City Council collectively expressed their support of repealing the City's Face Covering Ordinance. City Attorney Brumwell stated that the City Council could vote tonight to direct her to bring forth an ordinance repealing the City's current Face Covering Ordinance. Voting on the Ordinance must take place at a meeting, with public notice provided for the respective meeting. Ms. Brumwell stated that Wednes- day, May 19 is the soonest that the City Council can meet. Council Member Cavanagh amended his motion to receive and file, view the presentation, and direct the City Attor- ney's Office to write a new ordinance repealing the City's Face Covering Ordinance, with the City Council meeting in special session on Wednesday, May 19, 2021 at 5:00 p.m. to consider passage of the ordinance, which would become effective upon publication. Se- conded by Farber. Responding to a question about whether the Ordinance can be effec- tive immediately, City Attorney Brumwell stated that State Code dictates that Ordinances are not effective until published in the local newspaper. City Clerk Breitfelder stated that she would work with the City Attorney to obtain the ordinance and submit it to the Tele- graph Herald for publication as soon as possible after the May 19 meeting. Motion carried 7-0. 2. Public, Educational, and Government (PEG) Fund Expenditure for City Council Chambers Upgrade and City Council Hybrid Meeting Discussion: City Clerk and City Man- ager recommended approval of the Cable TV Commission recommendations for funding from the Public, Educational, and Government (PEG) Capital Grant for Access Equipment and Facilities in a not to exceed amount of $13,000 for the City of Dubuque. If funding is approved, it is further recommended that the City Council return to City Council Chambers in a hybrid meeting format on July 6, 2021. Motion by Cavanagh to receive, file and ap- prove the funding request. Seconded by Jones. City Council Members expressed support in City Council meeting in -person and discussed the possibility of meeting in -person for the next City Council meeting. City Clerk Breitfelder stated that the July 6 meeting date was selected for the first hybrid City Council meetings based on the tentative implemen- tation of the new technology in mid -June. Mayor Buol stated that City Council should abide by staff's recommendation to meet in -person on July 6, 2021. Motion carried 7-0. 3. Amendment of City Ordinance 9-14-321.645: City Manager recommended amend- ing City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 14 Parking, Division 3 Municipal Parking Lots, Section 9-14-321.645 Meters, Time and Fee Schedule for Specific Lots. Motion by Jones to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Se- conded by Roussell. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 20-21 Amending City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 14 Park- ing, Division 3 Municipal Parking Lots, Section 9-14-321.645 Meters; Time and Fee Schedule for Specific Lots. Seconded by Roussell. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 20-21 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 9 MOTOR VEHI- CLES AND TRAFFIC, CHAPTER 14 PARKING, DIVISION 3 MUNICIPAL PARKING LOTS, SECTION 9-14-321.645 METERS; TIME AND FEE SCHEDULE FOR SPECIFIC LOTS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 9-14-321.645 of the City of Dubuque Code of Ordinances is amended to read as follows: 9-14-321.645: METERS; TIME AND FEE SCHEDULE FOR SPECIFIC LOTS: A. Parking meters on municipally owned parking lots, when installed and properly op- erated, shall show legal parking upon and after the deposit of United States coins, and in the nonmetered parking lots, parking spaces shall be reserved in accordance with the following schedules: 1. On parking lots no. 2, 3, 5, 6, 7, 9, and 10, the amount of fee shall be displayed on each parking meter and shall indicate the period of time allowed for the particular United States coin deposit after meter has been placed in operation. The maximum parking time allowed shall be indicated on the parking meter assigned to the meter space to which it applies. 2. For municipal parking lots, the days and hours of reserved parking for non - metered spaces shall be designated by the city manager. The city manager shall publish notice of such hours by prominently displaying such notice within the lots. The city manager shall keep the city council informed of the hours of opening and closing thereof or any change of such hours. It is intended hereby that regular ser- vice hours shall be established for the operation of the parking lots, but in addition, permit such flexibility in the established hours so that the municipal parking lots can be operated according to service demand, special events, and holiday shopping requirements. B. Notice of such restrictions, as provided for in this section, shall be displayed at each lot. The owner or operator of any vehicle who shall receive notice either personally or by the attaching of such notice to said vehicle if said vehicle is parked in violation of this section shall, when such notice is served upon such owner or operator or attached to said vehicle, pay to the city treasurer as a penalty for such violation the sum of fifteen dollars ($15.00) and after thirty (30) days a sum of twenty dollars ($20.00). C. The city manager is authorized to establish fees and charges for parking of motor vehicles in the municipal parking lots. Section 2. This ordinance shall take effect upon publication. Passed, approved, and adopted this 17t" day of May, 2021. /s/Roy D. Buol, Mayor Attest: /s/Trish L. Gleason, Assistant City Clerk Published officially in the Telegraph Herald newspaper on the 21 St day of May, 2021. ER /s/ Trish L. Gleason, Assistant City Clerk 4. Moody's Investors Service Upgrade of Credit Rating on Water Enterprise Revenue Bonds: City Manager submitted the credit rating upgrade report from Moody's Investors Service on the outstanding water enterprise revenue bonds. Moody's Investors Service upgraded the City's credit rating of A2 to Al on the water enterprise revenue bonds. Mo- tion by Roussell to receive and file the documents. Seconded by Farber. Motion carried 7-0. 5. Tiffany Court - Lead Mine Sinkhole Subsidence Remediation Project: Approve Co- operative 28E Agreement with State of Iowa and approve Tiffany Court Mine Remediation Site Access Agreement: City Manager recommended City Council approval of a resolu- tion authorizing the Mayor to execute a Cooperative 28E Agreement between the Iowa Department of Agriculture and Land Stewardship and the City of Dubuque, and the Prop- erty Owner Site Access Agreements to allow for the remediation and mitigation of the lead mine sinkhole subsidence that developed at 2784 and 2792 Tiffany Court. Motion by Roussell to receive and file the documents and adopt Resolution No. 175-21 Approving a Cooperative 28E Agreement with the Iowa Department of Agriculture and Land Stew- ardship and approving Property Owner Site Access Agreements for a project to remediate and mitigate the lead mine sinkhole subsidence at 2784 and 2792 Tiffany Court. Se- conded by Resnick. City Council expressed support for the agreement and thanked staff for their work. Motion carried 7-0. RESOLUTION NO. 175-21 APPROVING A COOPERATIVE 28E AGREEMENT WITH THE IOWA DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP AND APPROVING PROPERTY OWNER SITE ACCESS AGREEMENTS FOR A PROJECT TO REMEDIATE AND MIT- IGATE THE LEAD MINE SINKHOLE SUBSIDENCE AT 2784 AND 2792 TIFFANY COURT Whereas, a large sinkhole has developed on private property at 2784 and 2792 Tiffany Court which rests on or very near a historically large sub-terrainian crevice (Stewart's Crevice) related to abandoned lead/zinc mining operations; and Whereas, a Cooperative 28E Agreement has been agreed to subject to City Council approval between the Iowa Department of Agriculture and Land Stewardship (IDALS) and the City of Dubuque (City) for a joint partnership project to remediate and mitigate the lead mine sinkhole subsidence, a copy of which Cooperative 28E Agreement is attached hereto; and Whereas, City and IDALS will be completing the remediation and mitigation work in the interest of public health, safety, general welfare, private property, and to protect public property and infrastructure; and Whereas, IDALS has agreed to reimburse City for allowable expenditures up to $150,000.00 for work performed that is directly related to the remediation of the lead mine subsidence; and Whereas, City and the property owners affected by the sinkhole have agreed to a Site Access Agreement which states that the property owners have requested full and contin- uing access to the property for City and IDALS to perform investigation, testing, analysis, 50 and if determined necessary by City and IDALS, excavation and construction and such remediation and mitigation work as City and IDALS determine in their sole discretion is appropriate; and Whereas, both the 28E Agreement and Site Access Agreement state and make no guarantees about long term performance of the constructed remediation and mitigation, nor may they be construed to provide any protections to any person or property from future subsidence at 2784 and 2792 Tiffany Court after the remediation and mitigation is completed; and Whereas, the City Council finds that it is in the bests interest of the City of Dubuque to approve the 28E Agreement and Site Access Agreement because City and IDALS will be completing the remediation and mitigation work in the interest of public health, safety, general welfare, private property, and to protect public property and infrastructure. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, THAT: Section 1. That the 28E Agreement and Site Access Agreement for a joint partnership project to remediate and mitigate the lead mine sinkhole subsidence at 2784 and 2792 Tiffany Court is hereby approved. Section 2. That the Mayor be authorized and directed to execute said Cooperative 28E Agreement and Site Access Agreement to allow for the remediation and mitigation of the lead mine sinkhole subsidence that developed at 2784 and 2792 Tiffany Court. Passed, approved, and adopted this 17t" day of May 2021. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk 6. Revised Sidewalk Replacement Policy Proposal Related to Street Tree Impacted Sidewalks: City Manager recommended City Council approval of a revision to the side- walk replacement policy related to street tree impacted sidewalk, which includes not as- sessing the abutting property owner for the sidewalk replacement caused by the former location of a city street tree effective May 17, 2021. Motion by Jones to receive and file the documents and approve the policy. Seconded by Cavanagh. City Council expressed support of the policy and that it addresses safety hazards. Motion carried 7-0. 7. Proposed Service Agreement with CGM, LLC for Provision of an Enrollment Portal and Customer Service System for Access to Federally Available Broadband Subsidies by Qualifying Dubuque Residents: City Manager recommended City Council approval of a service agreement with CGM, LLC that will create an improved opportunity for qualifying Dubuque residents to take advantage of Federally funded broadband internet subsidies. Motion by Jones to receive and file the documents and approve the agreement. Seconded by Cavanagh. Motion carried 7-0. 8. John F. Kennedy Road Sidewalks Discussion: City Clerk transmitted historical infor- mation about the John F. Kennedy Road sidewalks. Motion by Roussell to receive and file the information and refer to City Council. Seconded by Resnick. City Council dis- cussed the history of City Council's policies on John F. Kennedy Road sidewalks and expressed support on moving forward with consideration of sidewalks and receiving in- formation from City staff. Council Member Roussell amended the motion to receive and 51 file the information and receive a staff update on costs for residents. Seconded by Res- nick. Motion carried 7-0. 9. Request to Schedule Work Session - Childcare Challenges and Progress: City Man- ager requested the City Council schedule a work session for July 19, 2021 at 5:45 p.m. regarding childcare challenges and progress. Motion by Cavanagh to receive and file the documents and schedule the work session as recommended. Seconded by Resnick. No schedule conflicts were expressed. Motion carried 7-0. 10. Request to Schedule Work Session - Equity Plan Progress Report: City Manager requested the City Council schedule a work session for August 2, 2021 at 5:00 p.m. on the Equity Plan Progress Report. Motion by Cavanagh to receive and file the documents and schedule the work session as recommended. Seconded by Sprank. No schedule conflicts were expressed. Motion carried 7-0. 11. Request to Reschedule Work Session - Sustainable Dubuque Quarterly Update: City Manager requested the City Council move the August 16, 2021, Sustainable Dubu- que Work Session to September 7, 2021 at 5:30 pm to accommodate a scheduling con- flict. Motion by Cavanagh to receive and file the documents and schedule the work ses- sion as recommended. Seconded by Roussell. No schedule conflicts were expressed. Motion carried 7-0. COUNCIL MEMBER REPORTS Council Member Roussell reported on her recent volunteer work with Dubuque Trees Forever and thanked Council Member Sprank for his help planting trees with other volun- teers this past Saturday. CLOSED SESSION Motion by Jones to convene in closed session at 9:38 p.m. to discuss purchase or sale of real estate - Chapter 21.5(1),(j) Code of Iowa. Seconded by Farber. Mayor Buol stated for the record that the attorney who will consult with City Council on the issues to be discussed in the closed session is City Attorney Crenna Brumwell. Motion carried 7-0. Upon motion, the City Council reconvened in open session at 10:14 p.m. stating that staff had been given proper direction. There being no further business, Mayor Buol declared the meeting adjourned at 10:15 p.m. /s/Adrienne N. Breitfelder, City Clerk 52