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7 19 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 5:00 p.m. on July 19, 2021 in the second -floor Council Chambers of the Historic Federal Building, 350 W. 6th Street. Present: Mayor Buol; Council Members Cavanagh, Farber, Jones, Resnick, Roussell, Sprank; City Manager Van Milligen, City Attorney Brumwell. This was a special session of the City Council called for the purpose of conducting work sessions on The Four Mounds Foundation and Childcare Challenges and Progress. WORK SESSIONS (2) 1. Four Mounds Foundation Four Mounds Foundation staff Becky Bodish, Program Director, Jill Courtney, Executive Director and Allen Goodman Miller, Development Consultant shared information on their past, current and future work, and initiatives. Topics included: • Restoring People. Restoring Place • Mission: o Educate. Preserve. Partner. Serve. • Demographics • Final Outcomes • Heart Build Dubuque Pathways • Vision For Four Mounds & Heart • Access & Educational Improvement Plan • Partnership Evolution Mayor Buol called a recess at 5:20 while waiting for presenters to arrive. Mayor Buol reconvened the Work Session for Childcare challenges and progress at 5:45. 2. Childcare Challenges and Progress Economic Development Director Jill Connors, along with several local childcare stakeholders/partners; Abigail Degenhardt, Dubuque County Early Childhood, Tara Roddick, Childcare Resource & Referral, Rick Dickinson, President and CEO Greater Dubuque Development Corp., Wendy Mihm-Herold, Northeast Iowa Community College, and Paul Duster, Community Foundation of Greater Dubuque presented an update on current challenges and progress to date to having sufficient quality, affordable childcare in Dubuque. Topics included: • Quality Childcare Is Essential o Brain Development o School Readiness o Reduced Stress o Needed For Economic Infrastructure 1 o Current Workforce —Attract and Retain o Future Workforce —Proper Brain Development, Education • What Are the Challenges o High Cost for Parents o Low Wage for Providers = Turnover Rate Of 60% -94% o Transportation Barriers • Local Coalition's Current Initiatives • Local Successes • City of Dubuque Involvement • Next Steps There being no further business, Mayor Buol declared the meeting adjourned at 6:27 p.m. /s/Trish L. Gleason, Assistant City Clerk 2 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on July 6, 2021 in the second -floor Council Chambers of the Historic Federal Building, 350 W. 6th Street. Present: Mayor Buol; Council Members Cavanagh, Farber, Jones, Resnick, Roussell, Sprank; City Manager Van Milligen, City 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. Eagles "Eyes on the Future" Citizens of the Year Award: Michael Duehr, Chairman of the Eagles "Eyes on the Future" Committee, presented the Eagles "Eyes on the Future" Citizens of the Year Award to Michael and Nancy Van Milligen. PROCLAMATION(S) 1. Main Street Public/Private Partnership Week Proclamation was accepted by Dan LoBianco, Dubuque Main Street and by Kathy LaPlante, Main Street America on behalf of Dubuque Main Street and Main Street America. 2. US Highway 20 Medal of Honor Highway Proclamation was accepted by American Legion 2nd Vice Commander and Past Commander Bob Felderman on behalf of American Legion Post 6 of Dubuque. CONSENT ITEMS Motion by Resnick to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Jones. Motion carried 7-0. 1. Minutes and Reports Submitted: City Council Proceedings of 7/6; Cable TV Commission of 5/12; Community Development Advisory Commission of 6/6; Zoning Advisory Commission of 7/7; Zoning Board of Adjustment of 6/24; Proof of Publication for City Council Proceedings of 6/21 and 6/23. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: Allison Lott for property damage; Janet Smith for property damage: Upon motion the documents were received, filed, and referred to the City Attorney. 3. Disposition of Claims: City Attorney advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Allison Lott for property damage; Janet Smith for property damage; 3 Michael and Jane Thorne for property damage. Upon motion the documents were received, filed, and concurred. 4. Approval of City Expenditures: City Manager recommended City Council approval for payment of City expenditures. Upon motion the documents were received and filed, and Resolution No. 238-21 Authorizing the Director of Finance and Budget/City Treasurer to make certain payments of bills that must be paid and approved for payment in accordance with City procedures was adopted. RESOLUTION NO. 238-21 AUTHORIZING THE DIRECTOR OF FINANCE AND BUDGET / CITY TREASURER TO MAKE CERTAIN PAYMENTS OF BILLS THAT MUST BE PAID AND APPROVED FOR PAYMENT IN ACCORDANCE WITH CITY PROCEDURES Whereas, Section 1-7-7(E) of the Municipal Code of the City of Dubuque provides that the Finance Director -City Treasurer shall keep an accurate account of all disbursements, money, or property, specifying date, to whom, and from what fund paid; and Whereas, the invoices, presented by those firms and persons providing such goods and services have been pre -audited by Finance Department personnel in accordance with generally accepted internal control procedures and have been determined to have been requisitioned for a lawful municipal purpose; and Whereas, the Finance Director -City Treasurer has provided a list of Expenditures attached hereto, and by this reference made a part hereof, to be drawn to pay for goods and services provided for City purposes; and Whereas, the City Council of the City of Dubuque has heretofore, by Resolution 142- 18 adopted May 7, 2018, authorized the Finance Director -City Treasurer to issue checks in payment of certain expenditures known as Exception Expenditures prior to City Council approval and such list is attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The Finance Director -City Treasurer is hereby authorized to issue payment for goods and services provided for City purposes in response to the purchase orders and contracts issued in compliance with state and municipal code requirements as requested by designated requisitioning authorities in accordance with approved budget appropriations. Section 2. In accordance with Iowa Code Section 372.13(6), the City Clerk and Finance Director are hereby authorized and directed to provide the statement of receipts and disbursements to the City Council, and to publish a summary thereof. Passed, approved, and adopted this 19th day of July, 2021. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk 5. Resolution Approving Fund Transfers for Capital Projects and Other Expense Reimbursements in Fiscal Year 2021 — Period 13: City Manager recommended approval of the suggested proceedings approving a transfer of funds for capital projects and other expense reimbursements. Upon motion the documents were received and filed, and Resolution No. 239-21 Authorizing the Director of Finance and Budget to make the appropriate interfund transfers of sums and record the same in the appropriate manner for the FY 2021 for the City of Dubuque, Iowa was adopted. RESOLUTION NO. 239-21 4 AUTHORIZING THE DIRECTOR OF FINANCE AND BUDGET TO MAKE THE APPROPRIATE INTERFUND TRANSFERS OF SUMS AND RECORD THE SAME IN THE APPROPRIATE MANNER FOR THE FY 2021 FOR THE CITY OF DUBUQUE, IOWA Whereas, Iowa Administrative Rules Code Section 545-2.5(5) implements Iowa Code Section 384.18 and provides that the City Council shall approve all transfers of moneys from one budgeted fund to another budgeted fund as provided in Iowa Administrative Rules Code Section 545-2.5(5). NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Authorize the Director of Finance and Budget to Transfer Funds. That the Director of Finance and Budget be and is hereby authorized by the City Council to make the appropriate interfund transfer of sums and record the same in the appropriate manner for FY 2021. Section 2. Transfer of Funds. That the Director of Finance and Budget will transfer the following sums and to record the same in the appropriate manner: 1. Transfer from the Special Assessments Special Revenue Fund to the General Fund $10,723.49 to reimburse previously assessed sidewalk improvements. 2. Transfer from Special Assessments Special Revenue Fund to the Street Construction Fund $23,204.27 to reimburse previously assessed street improvements. 3. Transfer from the Special Assessments Special Revenue Fund to the Sales Tax Increment Fund $71,642.12 to reimburse previously assessed street improvements. 4. Transfer from Special Assessments Special Revenue Fund to the Water Capital Enterprise Fund $3,862.67 to reimburse previously assessed water improvements. 5. Transfer from Special Assessments Special Revenue Fund to the Stormwater Operating Enterprise Fund $77.93 to reimburse previously assessed stormwater improvements. 6. Transfer from General Fund to the Debt Service Fund $942,890.08 for annual debt service payments. 7. Transfer from Dubuque Industrial Center Tax Increment Financing Fund to the Debt Service Fund $1,102,614.23 for annual debt service payments. 8. Transfer from Greater Downtown Tax Increment Financing Fund to the Debt Service Fund $4,471,542.30 for annual debt service payments. 9. Transfer from Road Use Tax Special Revenue Fund to the Debt Service Fund $60,083.00 for annual debt service payments. 10. Transfer from Street Construction Fund to the Debt Service Fund $284,944.00 for annual debt service payments. 11. Transfer from Sales Tax Increment Special Revenue Fund to the Debt Service Fund $2,554,103.91 for annual debt service payments. 12. Transfer from Sales Tax Construction Fund to the Debt Service Fund $537,632.20. 13. Transfer from the General Fund to the Refuse Fund $2,217.14 for reimbursement of 50% rate reduction. 14. Transfer from the General Fund to the Sanitary Sewer Operating Fund $2,277.01 for reimbursement of 50% rate reduction. 15. Transfer from the General Fund to the Water Operating Fund $1,654.83 for reimbursement of 50% rate reduction. 61 16. Transfer from DRA Distribution Fund to the Stormwater Operating Fund $78,997.00 for stormwater subsidies related to tax exempt entities, farms, and half rate for income qualified. 17. Transfer from Sales Tax Construction Fund to the Stormwater Operating Fund $313,707.02 for stormwater subsidies related to tax exempt entities, farms, and half rate for income qualified. 18. Transfer from the Tort Liability Fund to the General Fund $3,252.23 for the cost of liability insurance. 19. Transfer from the Trust & Agency Fund to the General Fund $26,876.62 for the cost of employee benefits. 20. Transfer from the Dubuque Industrial Center Tax Increment Financing Fund to the General Fund $20.23 for the reimbursement of Tax Increment Financing eligible expenses. 21. Transfer from the Greater Downtown Tax Increment Financing Fund to the General Fund $1,002.49 for the reimbursement of Tax Increment Financing eligible expenses. Passed, approved, and adopted this 19th day of July 2021. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk 6. Letter to Iowa Federal Legislators regarding Opportunity Zones: City Manager providing a copy of a letter to be sent to Iowa Federal Legislators regarding the Opportunity Zone program. Upon motion the documents were received and filed. 7. Intent to Apply for 2021 JAG Justice Assistance Grant Application: City Manager recommended approval to apply for the 2021 JAG Justice Assistant Grant Application. Upon motion the documents were received and filed. 8. First Amendment to Grant Agreement Between the City of Dubuque and K&L Leasing, LLC. for the Rehabilitation of 701 Bluff Street: City Manager recommended approval of a First Amendment to Grant Agreement between the City of Dubuque and K&L Leasing, LLC. for rehabilitation of 701 Bluff Street, which extends the completion date to December 31, 2021. Upon motion the documents were received and filed, and Resolution No. 240-21 Approving the First Amendment to Grant Agreement between the City of Dubuque, Iowa and K&L Leasing, LLC was adopted. RESOLUTION NO. 240-21 APPROVING THE FIRST AMENDMENT TO GRANT AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND K&L LEASING, LLC. Whereas, the City of Dubuque (City) and K&L Leasing, LLC. (Grant Recipient) entered into a Grant Agreement dated October 19, 2020 for the redevelopment of 701 Bluff Street in the City of Dubuque, Iowa (the Project); and Whereas, City and Grant Recipient desire to amend the Grant Agreement as set forth in the attached First Amendment to Grant Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the First Amendment to Grant Agreement between the City of Dubuque, Iowa and K&L Leasing, LLC., a copy of which is attached hereto, is hereby approved. P Section 2. That the Mayor is hereby authorized and directed to execute the First Amendment to Grant Agreement on behalf of the City of Dubuque and the City Clerk is authorized and directed to attest to his signature. Section 3. That the City Manager is authorized to take such actions as are necessary to comply with the terms of the First Amendment to Grant Agreement as herein approved. Passed, approved, and adopted this 19th day of July, 2021. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk 9. First Amendment to Grant Agreement Between the City of Dubuque and HG APT, LLC for the Rehabilitation of 2887 Central Avenue: City Manager recommended approval of a First Amendment to Grant Agreement between the City of Dubuque and HG APT, LLC for rehabilitation of 2887 Central Avenue, which extends the completion date to August 31, 2021. Upon motion the documents were received and filed, and Resolution No. 241-21 Approving the First Amendment to Grant Agreement between the City of Dubuque, Iowa, and HG APT, LLC was adopted. RESOLUTION NO. 241-21 APPROVING THE FIRST AMENDMENT TO GRANT AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND HG APT, LLC Whereas, the City of Dubuque (City) and Jenna Manders entered into a Grant Agreement dated September 1, 2020 for the redevelopment of 2887 Central Avenue in the City of Dubuque, Iowa (the Project); and Whereas, Jenna Manders assigned all of her interest in and to the Grant Agreement to HG APT, LLC as Grant Recipient and Grant Recipient accepted such assignment on October 5, 2020; and Whereas, City and Grant Recipient desire to amend the Grant Agreement as set forth in the attached First Amendment to Grant Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the First Amendment to Grant Agreement between the City of Dubuque, Iowa and HG APT, LLC, a copy of which is attached hereto, is hereby approved. Section 2. That the Mayor is hereby authorized and directed to execute the First Amendment to Grant Agreement on behalf of the City of Dubuque and the City Clerk is authorized and directed to attest to his signature. Section 3. That the City Manager is authorized to take such actions as are necessary to comply with the terms of the First Amendment to Grant Agreement as herein approved. Passed, approved, and adopted this 19th day of July, 2021. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk 10. Fiscal Year 2022 Historic Resources Development Program (HRDP) Grant Agreement for Dubuque's Black Heritage Survey: City Manager recommended approval of the FY 2022 $30,000 grant agreement through the Historic Resources Development Program (HRDP) grant program to help the City undertake Dubuque's Black Heritage Survey. Upon motion the documents were received and filed, and Resolution No. 242- 7 21 Approving HRDP Grant Agreement with the Iowa Department of Cultural Affairs for Dubuque's Black Heritage Survey was adopted. RESOLUTION NO. 242-21 RESOLUTION APPROVING HRDP GRANT AGREEMENT WITH THE IOWA DEPARTMENT OF CULTURAL AFFAIRS FOR DUBUQUE'S BLACK HERITAGE SURVEY Whereas, the State Historical Society of Iowa (SHSI) under the Iowa Department of Cultural Affairs (IDCA) has allocated Historic Resources Development Program (HRDP) grant funds for projects that help to preserve, conserve, interpret, enhance, and educate the public about Iowa's historical assets; and Whereas, the City of Dubuque has adopted the 2021 Historic Preservation Commission Workplan which includes Dubuque's Black Heritage Survey in the goal entitled Surveys: Underrepresented Peoples; and Whereas, this project helps support recommendations in both the 2037 Imagine Dubuque Comprehensive Plan and the 2021 Equitable Poverty Reduction & Prevention Plan; and Whereas, the City Council has identified implementation of the Equitable Poverty Reduction Plan as a Top Priority. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Mayor is hereby authorized on behalf of the City of Dubuque to sign the FY 2022 HRDP Grant Agreement with the Iowa Department of Cultural Affairs for Dubuque's Black Heritage Survey. Section 2. The Planning Services Manager is hereby authorized as the project manager for the HRDP project. Passed, approved, and adopted this 19th day of July 2021. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk 11. Preliminary Plat of Country View Estates: Zoning Advisory Commission recommended approval of the Preliminary Plat of Country View Estates. Upon motion the documents were received, filed, and approved. 12. Pre -Annexation Agreement - Ronald W. and Jessalynn J. Breiner, Country View Estates: City Manager recommended approval of a Pre -Annexation Agreement with Ronald W. and Jessalyn J. Breiner, property owners, for approximately 83.7 acres of property located along Hales Mill Road (Parcels # 1007200003, 1007200006, 1007300005, 1007300006, 1007400001, 1007400002, 1007400010) located within two miles of the City of Dubuque corporate limits. Upon motion the documents were received and filed, and Resolution No. 243-21 Approving a Pre -Annexation Agreement between the City of Dubuque, Iowa and Ronald W. and Jessalynn J. Breiner was adopted. RESOLUTION NO. 243-21 APPROVING A PRE -ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND RONALD W. AND JESSALYNN J. BREINER Whereas, Ronald W. and Jessalyn J. Breiner, the owners of the following described property in Dubuque County, Iowa (the Property) have submitted to the City Council of 8 the city of Dubuque an application for voluntary annexation of the Property to the City of Dubuque: The south half of the southwest quarter of the northeast quarter; the southeast quarter of the northeast quarter, except Lot 1; Lot 1 of Lot 1 and Lot 2 of Lot 1 in the northeast quarter of the southwest quarter; Lot 1 and Lot 2 in the northwest quarter of the southeast quarter, all in Section 7, Township 89 North, Range 2 East of the 5 P.M., Dubuque County, Iowa. Property Identification Numbers: 1007200003,1007200006,1007300005,1007300006,1007400001,1007400002, And1007400010 Whereas, Ronald W. and Jessalyn J. Breiner have entered into a Pre -annexation Agreement with the City of Dubuque, a copy of which is attached hereto governing the future annexation of the Property; and Whereas, the Property is not subject to an existing annexation moratorium; and Whereas, the Property does not include any state or railroad property; and Whereas, Iowa Code Section 368.7 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 Ronald W. and Jessalynn J. Breiner and the City of Dubuque is hereby approved. Passed, approved, and adopted this 19 day of July, 2021. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk 13. Pre -Annexation Agreement — Genesis Three Holdings, LLC: City Manager recommended approval of a Pre -Annexation Agreement with Genesis Three Holdings, LLC., for approximately 31-acre parcel located at 15016 Depot Ridge in Dubuque County, in conjunction with their request to connect to City water. Upon motion the documents were received and filed, and Resolution No. 244-21 Approving a Pre - Annexation Agreement between the City of Dubuque, Iowa and Genesis Three Holdings, LLC was adopted. RESOLUTION NO. 244-21 APPROVING A PRE -ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND GENESIS THREE HOLDINGS, LLC. Whereas, Genesis Three Holdings, LLC., the owner of the following described property located at 15016 Depot Ridge (Parcel # 1507351001) in Dubuque County, Iowa (the Property) have submitted to the City Council of the city of Dubuque an application for voluntary annexation of the Property to the City of Dubuque: The south west fractional'/4 of the south west'/4 in Section 7, Township 88 North, Range 2 East of the 5t" P.M., in Dubuque County, Iowa, according to the United States Government Survey and the respective recorded plats thereof. p Whereas, Genesis Three Holdings, LLC. has entered into a Pre -annexation Agreement with the City of Dubuque, a copy of which is attached hereto governing the future annexation of the Property; and Whereas, the Property is not subject to an existing annexation moratorium; and Whereas, the Property does not include any state or railroad property; and Whereas, Iowa Code Section 368.7 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 Genesis Three Holdings, LLC. and the City of Dubuque is hereby approved. Passed, approved, and adopted this 19th day of July, 2021. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk 14. Pre -Annexation Agreement - Mark J. McClain, Ridge View Acres: City Manager recommended approval of a Pre -Annexation Agreement with Mark J. McClain, property owner, for approximately 23.78 acres of property located at the intersection of Derby Grange Road and Hales Mill Road, parcels 1007300011 and 1007400006 located within two miles of the City of Dubuque corporate limits. Upon motion the documents were received and filed, and Resolution No. 245-21 Approving a Pre -Annexation Agreement between the City of Dubuque, Iowa and Mark J. McClain was adopted. RESOLUTION NO. 245-21 APPROVING A PRE -ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND MARK J. MCCLAIN Whereas, Mark J. McClain, the owner of the following described property in Dubuque County, Iowa (the Property) have submitted to the City Council of the city of Dubuque an application for voluntary annexation of the Property to the City of Dubuque: Lot 1 in the southwest quarter of the southeast quarter and Lot 3 of Lot 1 in the southeast quarter of the southwest quarter, all in Section 7, Township 89 North, Range 2 East of the 5th P.M., Dubuque County, Iowa Whereas, Mark J. McClain has entered into a Pre -annexation Agreement with the City of Dubuque, a copy of which is attached hereto governing the future annexation of the Property; and Whereas, the Property is not subject to an existing annexation moratorium; and Whereas, the Property does not include any state or railroad property; and Whereas, Iowa Code Section 368.7 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 10 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 Mark J. McClain and the City of Dubuque is hereby approved. Passed, approved, and adopted this 19 day of July, 2021. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk 15. Final Plat of Ridge View Acres: City Manager recommended approval of the final plat of Ridge View Acres. Upon motion the documents were received and filed, and Resolution No. 246-21 Approving the Final Plat of Ridge View Acres in Dubuque County, Iowa was adopted. RESOLUTION NO. 246-21 APPROVING THE FINAL PLAT OF RIDGE VIEW ACRES IN DUBUQUE COUNTY, IOWA Whereas, there has been filed with the City Clerk a Final Plat of Ridge View Acres; and Whereas, said Final Plat provides for a 22-foot pavement width, where 26-foot paving width for a private street is required by Section 11-15 of Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code; and Whereas, the preliminary plat has been examined by the Zoning Advisory Commission and has its approval endorsed thereon; and Whereas, said Final Plat has been examined by the City Council and they find that it conforms to the statutes and ordinances relating thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Section 11-15 of Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, is waived to allow two 22-foot wide paved private streets. Section 2. That the City Council hereby waives Sections 11-20 Water Supply, 11-21, Sanitary Sewer, 11-23 Obligation to Install Improvements, and 11-24 Improvement Guarantees. Section 3. That the Final Plat of Ridge View Acres is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said final plat, provided the owners of said property herein named, execute their written acceptance hereto attached agreeing: a) To construct private street improvements in accordance with improvement plans approved by Dubuque County and certified upon completion by a professional engineer licensed by the State of Iowa. b) To maintain the private street improvements constructed as part of Ridge View Acres until such time as a homeowners' association is formed and is responsible for maintenance of the same. Section 4. That in the event that Mark J. McClain fails to execute the acceptance within 180 days after the date of this Resolution, the provisions hereof shall be null and void and the approval of the plat shall not be effective. Passed, approved, and adopted this 19th day of July 2021. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk 11 16. Southwest Arterial Project: Dubuque County Intergovernmental 28E Funding Agreement Request to Approve Amendment No. 2: City Manager recommended authorization for the mayor to execute Amendment No. 2 to the original 2013 Intergovernmental 28E Funding Agreement with Dubuque County for the Southwest Arterial Project. Upon motion the documents were received and filed, and Resolution No. 247-21 Approving an Intergovernmental 28E Funding Agreement Amendment No. 2 between the City of Dubuque and Dubuque County for the Southwest Arterial Project was adopted. RESOLUTION NO. 247-21 APPROVING AN INTERGOVERNMENTAL 28E FUNDING AGREEMENT AMENDMENT NO. 2 BETWWEN THE CITY OF DUBUQUE AND DUBUQUE COUNTY FOR THE SOUTHWEST ARTERIAL PROJECT Whereas, The City of Dubuque (City) and Dubuque County (County) entered into a 28E Agreement for Allocation of Transportation Funding for the Southwest Arterial Projected, dated the 28t" of January, 2013 (the Agreement), as amended; and Whereas, City and County acknowledge the mutual benefit to partner on the Southwest Arterial Project and agree to contribute funding for the Project as set forth herein; and Whereas, City and County acknowledged and agreed that the funding sources, the proposed projects, and the funding amounts as outlined in the Agreement are subject to change, however the mutual commitment between the City and County to equally contribute funding for the Southwest Arterial Project to achieve the required 20% local funding obligation in the amount of $7,152,914 to support the completion of the Southwest Arterial Project; and Whereas, City and County agreed to partner on the Southwest Arterial Project and agreed to contribute funding as follows: Funding Source, Amount Federal SAFETEA-LU Appropriation (80%), $ 28,611,653 City of Dubuque Funds (10%), $ 3,576,457 Dubuque County Funds (10%), $ 3,576,457 Total Project Funding: $ 35,764,567 Whereas, County has agreed to provide additional funding for the Project as set forth herein; and Whereas, City and County now desire the amend the Agreement set forth herein. NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS: Section 1. Section 1 of the 28E Agreement is amended to read as follows: Section 1. City and County hereby agree to partner on the Southwest Arterial Project and agree to contribute funding as follow: Funding Source, Amount Federal and State Funds, $ 40,159,577 City of Dubuque Funds, $ 3,985,683 Dubuque County Funds, $ 3,985,682 Total Project Funding: $ 48,130,942 Section 2. Section 3 of the 28E Agreement is amended to read as follows: Section 3. The County's local match funding obligation is as follows: Funding Source, Amount Dubuque County Funds, $ 3,576,457 12 Amendment #1, $ 89,004 Amendment #2, $ 320,221 Total Dubuque County Funds: $ 3,985,682 Section 4. City agrees to submit to County requests for reimbursement for eligible costs incurred by City on the Southwest Arterial. Section 5. County agrees to reimburse City for eligible costs incurred by City on the Southwest Arterial Project. Passed, approved and adopted this 19t" day of July 2021. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk 17. Acceptance of a Grant of Easement for Water Main Utility over James L. Schneider and Sharon M. Schneider Property in Dubuque, Iowa, as part of the Simpson -Southgate Water Main Extension Project: City Manager recommended acceptance of a Grant of Easement for Water Main Utility across James L. Schneider and Sharon M. Schneider property being part of the Lot 1-1-1 of Potterveld Place, in the City of Dubuque, Dubuque County, Iowa, as part of the Simpson -Southgate Water Main Extension Project. Upon motion the documents were received and filed, and Resolution No. 248-21 Accepting a Grant of Easement for Water Main Utility through, over and across part of Lot 1-1-1 of Potterveld Place, in the City of Dubuque, Dubuque County, Iowa was adopted. RESOLUTION NO. 248-21 ACCEPTING A GRANT OF EASEMENT FOR WATER MAIN UTILITY THROUGH, OVER AND ACROSS PART OF LOT 1-1-1 OF POTTERVELD PLACE, IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, James L. Schneider and Sharon M. Schneider, have executed a Grant of Easement for Water Main Utility through, over and across part of Lot 1-1-1 of Potterveld Place, in the City of Dubuque, Dubuque County, Iowa. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts and consents to the Grant of Easement for Water Main Utility through, over and across part of Lot 1-1-1 of Potterveld Place, in the City of Dubuque, Dubuque County, Iowa as shown on the Grant of Easement for Water Main Utility, from James L. Schneider and Sharon M. Schneider, a copy of which is attached hereto. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Section 3. The City Clerk is hereby authorized to and directed to record this resolution and Grant of Easement for Water Main Utility with the Dubuque County Recorder. Passed, approved, and adopted this 19th day of July, 2021. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk 18. 2021 Pavement Marking Project (CIP 3002245): City Manager recommended award of the public improvement construction contract to the only bidder, SELCO, Inc., in the amount of $182,104.92, which is 7.8% under the engineer's estimate. Upon motion the documents were received and filed, and Resolution No. 249-21 Awarding Public Improvement Contract for the 2021 Pavement Marking Project was adopted. 13 RESOLUTION NO. 249-21 AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE 2021 PAVEMENT MARKING PROJECT Whereas, sealed proposals have been submitted by contractors for the 2021 Pavement Marking Project, (the Project) pursuant to Resolution No. 213-21 and Notice to Bidders published on the City of Dubuque, Iowa website and plan room service with statewide circulation on the 25t" day of June 2021; and Whereas, said sealed proposals were opened and read on the 8t" day of July 2021 and it has been determined that SELCO, Inc. of Blue Grass, IA submitted low bid in the amount of $182,104.92, and is the lowest responsive, responsible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a Public Improvement Contract for the Project is hereby awarded to SELCO, Inc. and the City Manager is hereby directed to execute a Public Improvement Contract on behalf of the City of Dubuque for the Project. Passed, adopted, and approved this 19t" day of July 2021. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk 19. Chavenelle Road Water Valve Project: City Manager recommended that the award for the Chavenelle Road Water Valve Project be officially recorded in the minutes of the City Council. Upon motion the documents were received, filed, and made a Matter of Record. 20. Wood Street Sanitary / Water Project: City Manager recommended that the award for the Wood Street Sanitary/Water Project be officially recorded in the minutes of the City Council. Upon motion the documents were received, filed, and made a Matter of Record. 21. Snow Removal Assessment: City Manager recommended City Council approval of a resolution providing for the establishment of the final assessments for the 2020- 2021 Snow Removal from City Right -of -Way. Upon motion the documents were received and filed, and Resolution No. 250-21 Adopting the Final Assessment Schedule for the 2020 — 2021 Snow Removal Assessment — Right -Of -Way Obstruction Removal Assessment Project was adopted. RESOLUTION NO. 250-21 ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR THE 2020 — 2021 SNOW REMOVAL ASSESSMENT — RIGHT-OF-WAY OBSTRUCTION REMOVAL ASSESSMENT PROJECT NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: After full consideration, the Final Schedule of Assessments as shown on the attached sheet(s), Page 1 and 2 inclusive; is hereby approved for the Snow Removal Assessment — Right -of -Way Obstruction Removal Assessment Project. There is hereby assessed and levied as a special tax against and upon each of the benefited properties, the respective sums indicated. The amounts shown in said Final Schedule of Assessments as deficiencies are found to be proper and levied conditionally against the respective properties benefited by the improvements as shown 14 in the Final Schedule of Assessments, subject to the provisions of Iowa Code § 364.12. Said assessments against said lots are hereby declared to be in proportion to the special benefits conferred and not in excess of twenty-five percent of the value of same. The City Clerk be and is hereby directed to certify the Final Schedule of Assessments to the County Treasurer of Dubuque County, Iowa, and to publish notice of said certification once each week for two consecutive weeks in the manner provided in Iowa Code § 362.3, the first publication of which shall be not more than fifteen days from the date of filing of the Final Schedule of Assessments. On or before the date of the second publication of the notice, the City Clerk shall also mail a copy of said notice to property owners whose property is subject to assessment, as provided in Iowa Code § 384.60. The assessments may be paid in full or in part without interest at the office of the City Treasurer, City Hall, 50 W. 13th Street, Dubuque, Iowa, at any time within 30 days after the date of the first notice of the Final Schedule of Assessments. Thereafter, unpaid assessments are payable at the County Treasurer's Office, Dubuque County Courthouse, 720 Central Avenue, Dubuque, Iowa, and will draw annual interest at three percent (3%) computed to December 1 next following the due dates of the respective installments as provided in Section 384.65 of the Code of Iowa. Each installment will be delinquent from October 1 following its due date on July 1 of each year. However, when the last day of September is a Saturday or Sunday, that amount shall be delinquent from the second business day of October. Unpaid balances will draw the same delinquent interest as ordinary taxes. Passed, approved, and adopted this 19th day of July, 2021. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk Sidewalk Removal Assessments Final Assessment Property Owner Name, Lot Description, Parcel Number, Street Address, Valuation with Improvement, Sidewalk Assessment, Admin Fee, Total Assessment Ackley, Rick & Dianne M, Lot 1 Blk 1 Fremont Heights, 1034484018, 874 Barbaralee Dr, $262,490.00, $72.00, $25.00, $97.00 Amber LLC, Lots 16 & 17 Pinehurst, 1023466001, 1450 Loras Blvd, $189,740.00, $80.50, $25.00, $105.50 Aronson, Mark E, Lot 1-2-1-2 of Min Lot 345, 1014437013, 684 Kane St, $139,020.00, $80.50, $25.00, $105.50 AWKM Properties LLC, Lot 2, N 15' Lot 1, M Bal of Lot 1, & Lot 3 Exc the Sly 8 3/4" Ely 53' 8 3/4", All in Blk 6 Dubuque Downtown Plaza, 1025237008, 485 Central Ave, $271,900.00, $356.00, $100.00, $456.00 Becker, Kurt H, Lot 3 A Stine's Sub, 1013411006, 2516 Stafford St, $64,540.00, $63.50, $25.00, $88.50 Betwell, Romen & Naidrik & Atmila, Ne 50' of Lot 19 & NE 50' Of Lot 21 Wickes' Add, 1118351001, 1024 Rhomberg Ave, $114,300.00, $80.50, $25.00, $105.50 Breithaupt, Megan L, Lots 2-2-2-24 & 2-1-1-1-25 Quigley's Sub, 1026184002, 160 N Algona St, $145,070.00, $72.00, $25.00, $97.00 Brimeyer, Kay J, E 85' of E 170' of Lot 333 Davis Farm Add, 1013105014, 3055 Jackson St, $87,670.00, $135.50, $50.00, $185.50 Clark, Judson P & Sharon K, Lot 88 McCraney's 1 st Add, 1118305009, 1302 Lincoln Ave, $102,850.00, $114.50, $25.00, $139.50 Data, Cory L, Lot 2-63 Cooks Add, 1013486006, 2105 Windsor Ave, $51,520.00, $80.50, $25.00, $105.50 15 Delaney, Joel T, Lot 75 McCraney's 1st Add, 1118159001, 1422 Lincoln Ave, $120,090.00, $63.50, $25.00, $88.50 Dubuque Holdings Inc, Lot 2 A Stine's Sub, 1013411005, 2520 Stafford St, $79,710.00, $63.50, $25.00, $88.50 Dubuque Property Investments LLC, Lot 9 Lenox Add, 1027279029, 2639 University Ave, $244,380.00, $72.00, $25.00, $97.00 Eichstadt, Alexander Lee & Andress, S 20'-S 47'-W 1/2-S 1/5 of City Lot 454, 1024403007, 1504 Iowa St, $33,720.00, $63.50, $25.00, $88.50 Ernst, Daniel J & Kass, Zachary D, Lot 1-6 Lawrence Dubuque, 1026227025, 1209 University Ave, $99,550.00, $80.50, $25.00, $105.50 GRTD Investments LLC, E 1/2-Lot 30 L H Langworthy's Add, 1024202011, 2249 Jackson St, $49,800.00, $72.00, $25.00, $97.00 Hanen, Shawn C & Christina M, W 1 /2-S 1/2-Lot 18 & W 1 /2- N 1/4-Lot 16P L H Langworthy's Add, 1024130003, 2286 Central Ave, $65,620.00, $127.00, $50.00, $177.00 Harris, Joseph R, Lot 8 Blk 10A Key Knolls Sub, 1021453002, 1886 Hansel Dr, $144,990.00, $190.50, $75.00, $265.50 Hartung, Adrian J, Lot 20 Blk 4 Sunset Park #2, 1021252056, 2129 Graham Cir, $140,100.00, $80.50, $25.00, $105.50 Heins, Nolan R, Lot 1 Bee Branch No. 6, 1013460043, 2320 Washington St, $96,970.00, $135.50, $50.00, $185.50 Hemenway, Elizabeth S, Lot 221 Woodlawn Park, 1023382001, 1730 N Algona St, $82,330.00, $135.50, $50.00, $185.50 Horsfall, Shane M, Lot 1-7 Blk 4 Sunset Park Sub, 1016483009, 2538 Waller St, $141,270.00, $80.50, $25.00, $105.50 Johnson, Evan P & O'Connell, Kelly Anne, Lots 35, 1-34, & 2-34 Althusser's Sub, 1013431009, 2265 Eagle St, $131,000.00, $169.50, $50.00, $219.50 Judge Real Estate LLC, Lot 1 Blk 4 Key Knolls Sub, 1021461027, 1702 Richie Dr, $121,820.00, $80.50, $25.00, $105.50 Kalb, Frank A, Lot 1-55 Oxford Hgts. & Lot 2-56 Oxford Hgts, 1025106024, 715 Alta Vista St, $128,470.00, $72.00, $25.00, $97.00 Kammiller Rental Properties LLC, Lot 1 G. Martin's Sub, 1025178001, 500 Hill St, $140,200.00, $80.50, $25.00, $105.50 Keller, Jesse J & Laura L, Lot 1 of S 50' of 1-2-2 of City Lot 678 & Lot 1-2-2-2 of City Lot 678, 1024180024, 1805 Madison St, $100,040.00, $152.50, $50.00, $202.50 Kelley, Brian E, E 40'6" of Lot 4 Griggs Sub, 1026181020, 1905 Bennett St, $98,760.00, $190.50, $75.00, $265.50 Key City Investment Co, Lot 2 of Westview Shopping Center Place #3, 1021477011, 1785 John F Kennedy Rd, $905,490.00, $152.50, $50.00, $202.50 King, Ryan D & Rebecca L, S 92'6" of Lot 791 A McDaniel's Sub, 1024378013, 609 Chestnut St, $141,650.00, $127.00, $50.00, $177.00 King, Ryan D & Rebecca L, S 87' of W 3'6" Lot 789 & S 87' Lot 790 A McDaniel's Sub, 1024378014, Chestnut St, $12,140.00, $135.50, $50.00, $185.50 KMY LLC, Lot 1 A Stine's Sub, 1013411004, 2524 Stafford St, $59,000.00, $63.50, $25.00, $88.50 Kramerica Properties LLC (Attn: Francis J Lange), S 100' - W 61' - S 1 /2 - Lot 822 A McDaniel's Sub, 1024381018, 641 W 11th St, $129,800.00, $89.00, $25.00, $114.00 Laugesen, Austin M, N 86' Lot 3 Idylewilde Hgts, 1023466003, 1410 Loras Blvd, $141,440.00, $63.50, $25.00, $88.50 16 Laugesen, Austin M, Lot 4 & E 40' of Lot 3 Edna Ferris Sub, 1023377007, 1881 N Grandview Ave, $148,400.00, $80.50, $25.00, $105.50 Mauk, Cathy F, Lot 3 Mc Craney's 2nd Add, 1118351013, 1009 Garfield Ave, $111,590.00, $63.50, $25.00, $88.50 Mc Enery, John W, Lot 2-1-2-30 Ann O'Hare's Sub, 1026252024, 1715 W 3rd St, $118,410.00, $144.00, $50.00, $194.00 McStac Properties LLC, Lots 7 & 8 Kings Grove Add, 1013312006, 2629 Broadway St, $61,700.00, $63.50, $25.00, $88.50 Merchant, Corinna M, SW 1/2 of Lot 308 Hams Add, 1107457006, 2214 Rhomberg Ave, $99,500.00, $149.25, $25.00, $174.25 Mid -America Property Management LLC, Lot 11 Quigley's Sub of 710, 1024159009, 568 W Locust St, $122,140.00, $72.00, $25.00, $97.00 Mueller, Alan D & Dement, Ann M, Lot 1 Sub Lots 16, 17, 18, 19 & 20 Rockdale, 1501132002, 1846 Old Mill Rd, $89,440.00, $72.00, $25.00, $97.00 Nieves, Jorge Fonseca, Lot 2 Swift Place, 1107105012, 3001 Stellar Eagle Dr, $122,930.00, $72.00, $25.00, $97.00 Nottingham Properties LLC, Lot 2-2-20 & Lot 1-1-1-21 Mills West Dubuque, 1023377003, 1840 N Algona St, $63,400.00, $199.00, $75.00, $274.00 Page, Mark J, Lot 15 Rockdale, 1501132001, 1834 Old Mill Rd, $91,570.00, $72.00, $25.00, $97.00 Paul, Jacob R, Lot 2-810 A McDaniel's Sub, 1024340003, 1360 Dell St, $56,530.00, $199.00, $75.00, $274.00 Pitzen, Rick G & Teri L, Lot 1-7 & Lot 2-1-A Blk 10 Sunrise Heights, 1014177009, 2935 Wildwood Dr, $145,610.00, $63.50, $25.00, $88.50 Pope, Timothy P & Joyce B, Lots 1 & E1' Lot 2 Farley's Sub, 1024386005, 560 W 11 TH St, $225,760.00, $72.00, $25.00, $97.00 Pottebaum, Ricky & May, Liesl DBA R&L Construction, Lot 11 - E. 1/2 - City Lot 655 & Lot 2-1A Lorimer Sub, 1024457023, 945 Bluff St, $77,780.00, $63.50, $25.00, $88.50 Puccio, Tamara Rae, Ne 46.4' of Lot 4 Hooper's Add, 1118353012, 917 Garfield Ave, $85,570.00, $80.50, $25.00, $105.50 RBNG LLC, Lot 2-1-25 In Quigley's Sub, 1026184001, 196 N Algona St, $135,630.00, $197.00, $50.00, $247.00 RBNG LLC, S 1/2 of Lots 1 & 2 Davis Sub, 1026182002, 388 N Algona St, $120,420.00, $127.00, $50.00, $177.00 Red Owl Investments LLC, Lot 1-1 Bowens Sub, 1024179005, 450 W Locust St, $33,480.00, $72.00, $25.00, $97.00 Roussel, William J Jr & Summer, Lot 309 Hams Add, 1107457008, 2220 Rhomberg Ave, $116,030.00, $163.00, $25.00, $188.00 Schneider, Jason M, Lot 2 Schneider Place, 1501101018, Kelly Ln, $19,600.00, $80.50, $25.00, $105.50 Sheets, Elizabeth, Lot 2-182, 2-183, 2-184 Finley Add, 1023354003, 1850 Finley St, $74,120.00, $72.00, $25.00, $97.00 Spirit Master Funding II LLC, Lot 1 BIk 19 & Lot 2-1 BIk 21 Key Knolls Sub, 1021426005, 2075 John F Kennedy Rd, $373,800.00, $161.00, $50.00, $211.00 Steinlage, Michael J & Maria E, Lot 1-1-28 Bellevue Add, 1013401020, 2527 Queen St, $56,870.00, $63.50, $25.00, $88.50 Steinlage, Michael J & Maria E, Lot 1-19 Audubon Add & Lot 2-1-28 Bellevue Add, 1013401019, 2529 Queen St, $69,500.00, $63.50, $25.00, $88.50 Steinlage, Michael J & Maria E, Lot 2-28 Bellevue Add, 1013401021, Queen St, $7,720.00, $63.50, $25.00, $88.50 17 Swartz, Matthew J, Lot 19 Lenox Add, 1027277011, 2701 University Ave, $82,750.00, $72.00, $25.00, $97.00 Three M Rentals LLC, S 118' Lot 12 Hodges Sub, 1026251018, 1807 Bennett St, $95,470.00, $63.50, $25.00, $88.50 Vize, Jo Ann K, Lot 145 Finley Waple,s & Burton, 1027233008, 2559 University Ave, $127,900.00, $72.00, $25.00, $97.00 Wilwert, Brandon, Lot 3 Buseman & Eberl's Sub, 1023276027, 809 Clarke Dr, $88,670.00, $224.50, $75.00, $299.50 22. Signed Contract(s): American Queen Steamboat Company Inc. for Docking Agreement at the Port of Dubuque - American Trust River's Edge Plaza; Celebration Belle for Docking Agreement at Port of Dubuque - Alliant Plaza Docking Facility; Robin Dodd for management of Miller Riverview Park and Campground and Dubuque Water Sports Club; Morton Salt, Inc for Public Works Ice Control Road Salt; WHKS & Co. for the Burlington and National Water Main Replacement Project 2021. Upon motion the documents were received and filed. 23. Housing and Community Development Director Alexis Steger featured in bizTimes: City Manager providing a copy of the July 2021 issue of bizTimes in which Housing and Community Development Director Alexis Steger is featured. Upon motion the documents were received and filed. 24. 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. 251-21 Approving applications for beer, liquor, and/or wine permits, as required by City of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits and Resolution No. 252-21 Approving applications for retail cigarette/tobacco sales/nicotine/vapor permits, as required by Iowa Code Chapter 453A.47A were adopted. RESOLUTION NO. 251-21 APPROVING APPLICATIONS FOR BEER, LIQUOR, AND/OR WINE PERMITS, AS REQUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LICENSE REGULATIONS, CHAPTER 2 LIQUOR CONTROL, ARTICLE B LIQUOR, BEER AND WINE LICENSES AND PERMITS Whereas, applications for Beer, Liquor, and or Wine Permits have been submitted and filed with the City Council for approval, and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City, and the applicants have filed the proper fees and bonds and otherwise complied with the requirements of the Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The City Clerk is hereby authorized and directed to cause to be issued the noted permit types to the following applicants pending submission of the locally required documentation: Renewals 1 st & Main, 101-113 Main St. Applebee's Neighborhood Grill and Bar, 1395 Associates Dr. 18 Downtown Billiards, 1850 Central Ave. Fas Mart # 5159, 2175 Central Ave. House of China Co, 170 J.F Kennedy Rd. Hy-Vee Club Room, 2395 NW Arterial Keywest Conoco, 2150 Twin Valley Dr. Kwik Star #495, 2685 Dodge St. Kwik Stop C-Stores, 2335 University Ave. The Lift, 180 Main St. Vinny Vanucchis Little Italy, 164 Main St. Walnut Tap Tavern, 709 University Ave. Special Event(s) per Special Event Application Submittal Dubuque Main Street, Town Clock Plaza 700 Main St. Jubeck New World Brewing, Midweek Market 115 W. 11t" St. Diamond Joe Casino, Backwater Stage 301 Bell St. Passed, approved, and adopted this 19t" day of July 2021. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk RESOLUTION NO. 252-21 APPROVING APPLICATIONS FOR RETAIL CIGARETTE / TOBACCO SALES / NICOTINE / VAPOR PERMITS, AS REQUIRED BY IOWA CODE 453A.47A Whereas, applications for Cigarette/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 Family Dollar #32889, 2600 Dodge St. Fuel Express Food Mart, 250 West 1 st St. Passed, approved, and adopted this 19t" day of July 2021. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk ITEMS SET FOR PUBLIC HEARING Motion by Resnick to receive and file the documents, adopt the resolutions, and set the public hearings as indicated as recommended by the City Manager. Seconded by Sprank. Motion carried 7-0. Request no 1 to schedule a Public Hearing on Simmons Pet Food, Inc.: Subordination of Consent Rights Under Development Agreement, Payment Direction and Estoppel Certificate: Upon motion the Resolution No. 253-21 Intent to dispose of an interest in real property by Subordination of Consent Rights Under Development Agreement, Payment Direction and Estoppel Certificate with Simmons Pet Foods, Inc. and Request no. 2 to schedule a Public Hearing on Orchard Drive, Cider Ridge and Jonathan Dr. Water Main Project 2021: Initiate Public Bidding and Set the Public 19 Hearing Date: Upon the same motion Resolution No. 254-21 Preliminary approval of plans, specifications, form of contract, and estimated cost; setting date of public hearing on plans, specifications, form of contract, and estimated cost; and ordering the advertisement for bids were adopted setting both public hearings for a meeting to commence at 6:30 p.m. on August 2, 2021. RESOLUTION NO. 253-21 INTENT TO DISPOSE OF AN INTEREST IN REAL PROPERTY BY SUBORDINATION OF CONSENT RIGHTS UNDER DEVELOPMENT AGREEMENT, PAYMENT DIRECTION AND ESTOPPEL CERTIFICATE WITH SIMMONS PET FOODS, INC. Whereas, the City of Dubuque, Iowa (City) entered into an Amended and Restated Development Agreement (the Agreement) with Simmons Pet Foods, Inc. (Simmons) for the property legally described as follows: Lot 4, Lot 5 and Lot 5A of Dubuque Industrial Center South First Addition in the City of Dubuque, Iowa (the Property); and Whereas, the Agreement between City and Simmons provides in Section 6.10 as follows: 6.10 Transferability. During the Term of this Agreement, this Agreement may not be assigned and the Property and any portion of the Property may not be sold or otherwise transferred by Developer without the prior written consent of City in City's sole discretion. City has no obligation to consent to any assignment or sale.; and Whereas, Simmons has requested that City subordinate City's consent rights under Section 6.10 to Simmons' Mortgage pursuant to the attached Subordination of Consent Rights Under Development Agreement, Payment Direction and Estoppel Certificate attached hereto; and Whereas, the Simmons' Mortgage and the Subordination of Consent Rights Under Development Agreement, Payment Direction and Estoppel Certificate have been reviewed and approved by the City Attorneys Office; and Whereas, the City Council of City believes it is in the best interests of City to approve the Subordination of Consent Rights Under Development Agreement, Payment Direction and Estoppel Certificate. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of City, intends to dispose of City's interest in the foregoing -described real property pursuant to the Subordination of Consent Rights Under Development Agreement, Payment Direction and Estoppel Certificate. Section 2. The City Clerk is hereby authorized and directed to cause this Resolution and a Notice to be published as prescribed by Iowa Code §364.7 of a public hearing on City's intent to dispose of the foregoing -described real property, to be held on the 2nd day of August, 2021, at 6:30 o'clock p.m. in the City Council Chambers at the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa Passed, approved and adopted this 19th day of July, 2021. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk RESOLUTION NO. 254-21 THE ORCHARD DR., CIDER RIDGE AND JONATHAN DR. WATER MAIN PROJECT 2021 PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON 20 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: The proposed plans, specifications, form of contract and estimated cost for the Orchard Dr. and Cider Ridge and Jonathan Dr. Water Main Project 2021 in the amount of $305,065, are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. A public hearing will be held on the 2nd day of August, 2021, at 6:30 p.m. in the Historic Federal Building Council Chambers (second floor) 350 W. 6th Street, Dubuque, Iowa, at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be 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. The Orchard Dr. and Cider Ridge and Jonathan Dr. Water Main Project 2021 Project is hereby ordered to be advertised for bids for construction. The amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the Notice to Bidders hereby approved. The City Water Department Manager is hereby directed to advertise for sealed bids for the construction of the improvements herein provided, by publishing the Notice to Bidders to be published on the City of Dubuque website and a contractor plan room service with statewide circulation, which notice shall be 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 9th day of August, 2021. Bids shall be opened and read by the City Clerk at said time and will be submitted to the City Council for final action at 6:00 p.m. on the 16th day of August, 2021, in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa. Passed, adopted and approved this 19th day of July, 2021. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk BOARDS/COMMISSIONS Appointments were made to the following boards/commissions. Motion by Jones to appoint Danita Grant, 2479 LaVista Ct. to One, 3-Year term through February 15, 2024 (Vacant term of Wainwright) on the Community Development Advisory Commission. Seconded by Farber. Motion carried 7-0. Upon Council concurrence, Mayor Buol appointed Greg Gorton, 1295 Prairie St. to One, 4-Year term through July 1, 2025 (Expiring term of Gorton) on the Library Board of Trustees. PUBLIC HEARINGS 1. Request to Rezone Lot D of Rustic Point Estates (End of Lasso Court) - Quasi - Judicial Rezoning Request: Proof of publication on notice of public hearing to consider 21 City Council approval of a request from Buesing and Associates, Inc. to rezone property located at Lot D of Rustic Point Estates (End of Lasso Court) from R-1 Single -Family Residential to PUD Planned Unit Development with a PR Planned Residential designation to accommodate a 35-unit single-family residential development, and Zoning Advisory Commission recommended approval. Motion by Jones to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Developer and owner of Vintage -Cooperatives, Jeff Ewing and Patrick Norton representing Buesing and Associates responded to many questions by the City Council. Seconded by Resnick. Motion failed 4-3 with Farber, Roussell, and Resnick voting nay. Motion by Jones to receive, file, and approve the first reading of a proposed ordinance amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, rezoning a portion of Lot D Rustic Point Estates Subdivision from R-1 Single Family Residential District to PUD Planned Unit Development with a PR Planned Residential Designation for the Vintage Estates of Dubuque Development. Seconded by Resnick. Motion carried 7-0. ACTION ITEMS 1. Chavenelle Road - Northwest Arterial to Radford Road Reconstruction Project: City Manager recommended award of the construction contract to the low bidder, Horsfield Construction, Inc., in the amount of $1,864,873.50, which is 29.35% under the estimate of probable cost. Motion by Cavanagh to receive and file the documents and adopt Resolution No. 255-21 Awarding Public Improvement Contract for the Chavenelle Road — NW Arterial to Radford Road Reconstruction Project. Seconded by Farber. Motion carried 6-0 as Council Member Jones had stepped away from the dais momentarily. RESOLUTION NO. 255-21 AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE CHAVENELLE ROAD — NW ARTERIAL TO RADFORD ROAD RECONSTRUCTION PROJECT Whereas, sealed proposals have been submitted by contractors for Chavenelle Road — NW Arterial to Radford Road Reconstruction Project, (the Project) pursuant to Resolution No. 191-21 and Notice to Bidders published on the City of Dubuque, Iowa website and plan room service with statewide circulation on the 10th day of June 2021; and Whereas, said sealed proposals were opened and read on the 8th day of July 2021 and it has been determined that Horsfield Construction, Inc. of Epworth, Iowa, submitted low bid in the amount of $1,864,873.50, and is the lowest responsive, responsible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a Public Improvement Contract for the Project is hereby awarded Horsfield Construction, Inc. and the City Manager is hereby directed to execute a Public Improvement Contract on behalf of the City of Dubuque for the Project. Passed, adopted and approved this 19th day of July 2021. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk 22 2. City Utility Bill Delinquency, Returning to Normal Operations: City Manager recommended a process to use federal American Rescue Plan Act (ARPA) funds to assist with certain overdue City utility accounts and return the Water/City Utility Billing Department to normal operations. Motion by Cavanagh to receive and file the documents and approve. City Staff Responded to questions from the City Council. Seconded by Roussell. Motion Carried 7-0. 3. Rebuilding America's Infrastructure with Sustainability and Equity (RAISE) Infrastructure Planning Grant Application: City Manager recommended approval to submit a $2,112,000 application to the U.S. Department of Transportation for the Rebuilding America's Infrastructure with Sustainability and Equity (RAISE) Infrastructure Planning Grant to assist with the planning and design of a multimodal transportation corridor project for proposed improvements to the Elm Street corridor, the 16th Street corridor, and the proposed 14th Street Railroad Overpass bridge project. Motion by Resnick to receive and file the documents and adopt Resolution No. 256-21 Approving application for Rebuilding America's Infrastructure with Sustainability and Equity (RAISE) Grant Funding for the planning and design of a Multimodal Transportation Corridor Project for proposed improvements to the Elm Street Corridor, 16th Street Corridor and the proposed 14th Street Railroad Overpass Project. Staff responded to questions from the City Council. Seconded by Farber. Motion carried 7-0. RESOLUTION NO. 256-21 APPROVING APPLICATION FOR REBUILDING AMERICA'S INFRASTRUCTURE WITH SUSTAINABILITY AND EQUITY (RAISE) GRANT FUNDING FOR THE PLANNING AND DESIGN OF A MULTIMODAL TRANSPORTATION CORRIDOR PROJECT FOR PROPOSED IMPROVEMENTS TO THE ELM STREET CORRIDOR, 16T" STREET CORRIDOR AND THE PROPOSED 14TH STREET RAILROAD OVERPASS PROJECT Whereas, the City proposes a multimodal transportation corridor project that will improve safety, drive economic competitiveness, improve quality of life, address the negative impacts of climate change, and foster a more sustainable, equitable and resilient Dubuque; and Whereas, RAISE Planning funds will be used to plan and design Complete Street corridors and five roundabouts along the intersecting Elm Street and 16th Street Corridors; and Whereas, RAISE Planning funds will be used to plan and design a new pedestrian/bike shared use path adjacent to the existing 16th Street Peosta Channel bridge to Chaplain Schmitt Island; and Whereas, the Canadian Pacific (CP) Railroad travels through the urban core of the City with numerous at -grade crossings on local city streets in the downtown area; and Whereas, approximately 8-10 trains passing through Dubuque on a daily basis severely impedes the ability for pedestrians, vehicles, commercial traffic and emergency responders to access the northeast segment of the City; and Whereas, RAISE Planning funds will be used to plan and design a new vehicular and pedestrian overpass at the 14th Street railroad tracks to reduce train -related delays that impair the safe and efficient movement of people and freight to the city's most promising areas of economic revitalization; and Whereas, the City's Long Range Transportation Plan includes the proposed multimodal transportation corridor projects; and 23 Whereas, the City of Dubuque will submit a RAISE grant application for $2,112,000 to assist with the planning and design of a multimodal transportation corridor project; and Whereas, the Application requires that the City Council agree to provide and make available up to $1,408,000 in local funding to be used for the local match requirement of the RAISE grant application; and Whereas, the City must establish an authorized representative able to execute on behalf of the City of Dubuque for the proposed improvements to the Elm Street corridor, the 16th Street corridor, and the 14th Street Railroad Overpass project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: Section 1. Approving the City's application for $2,112,000 in Rebuilding America's Infrastructure with Sustainability and Equity (RAISE) Grant funding to assist with the planning and design of a multimodal transportation corridor project for proposed improvements to the Elm Street corridor, the 16th Street corridor, and the proposed 14th Street Railroad Overpass Projects. Section 2. Approving the City's commitment to provide $1,408,000 in local funding to be used for the local match requirement of the RAISE grant application. Section 3. Establishing the City Manager as the City's authorized representative regarding the grant. Passed, approved and adopted this 19th day of July 2021. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk 4. Intent to Apply for National Endowment for the Arts American Rescue Plan Local Arts Agencies for Subgranting Funding Program: City Manager recommended approval to submit a $500,000 grant application to the National Endowment for the Arts (NEA) American Rescue Plan (ARP) Local Arts Agencies for Subgranting funding program. Motion by Roussell to receive, file, and approve. Seconded by Cavanagh. Motion carried 7-0. 5. Fiscal Year 2022 Arts & Culture Special Projects Grant Funding Recommendation: City Manager recommended City Council concurrence with the Arts & Cultural Affairs Advisory Commission's recommendations to fund the FY 2022 Special Project grant applications. Motion by Jones to receive, file, and concur. Seconded by Resnick. Motion carried 7-0. 6. Agreement with Community Solutions of Eastern Iowa for Rapid Rehousing: City Manager recommended City Council approval of an Agreement with Community Solutions of Eastern Iowa for an expanded Rapid Rehousing Program with CARES Act funds allocation of $163,968. Motion by Cavanagh to receive and file the documents and adopt Resolution No. 257-21 Approving an Agreement with Community Solutions of Eastern Iowa for the Rapid Rehousing Program. Seconded by Sprank. Motion carried 7- 0. RESOLUTION NO. 257-21 APPROVING AN AGREEMENT WITH COMMUNITY SOLUTIONS OF EASTERN IOWA FOR THE RAPID REHOUSING PROGRAM Whereas, the City of Dubuque and Community Solutions of Eastern Iowa (CSEI) wish to enter into an agreement for the expansion of CSEI Rapid Rehousing Program; and 24 Whereas, the City of Dubuque was awarded $521,468 in CDBG-CV funds from the State of Iowa to prevent, prepare for and respond to COVID-19; and Whereas, Rapid rehousing is an essential service to preventing the continued spread of COVID-19 and respond to the effects it has had on the income of Dubuque residents; and Whereas, the agreement allocated $163,968 of CDBG-CV funds to CSEI to expand their rapid rehousing efforts. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: Section 1. The City Council approves the agreement with Community Solutions of Eastern Iowa for the expansion of the rapid rehousing program. Section 2. The City Council authorizes the City Manager or the City Manager's designee to manage the agreement and act in accordance with the terms of the agreement. Passed, approved and adopted this 19th day of July, 2021. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk 7. Proceedings for Directing Sale of $3,720,000 Water Revenue Refunding Bonds, Series 2021 C and Awarding Bonds to Best Bidder: City Manager recommended City Council approval of the suggested proceedings for directing sale of the $3,720,000 Water Revenue Refunding Bonds, Series 2021 C and awarding bonds to the best bidder. Motion by Jones to receive and file the documents and adopt Resolution No. 258-21 Directing Sale of $3,720,000* (subject to adjustment per terms of offering) Water Revenue Refunding Bonds, Series 2021 C and Resolution No. 259-21 Authorizing the redemption of outstanding Water Revenue Bonds, Series 2008D, of the City of Dubuque, State of Iowa, dated November 4, 2008, and directing notice be given and Resolution No. 260-21 Authorizing the redemption of outstanding Water Revenue Bonds, Series 2010D, of the City of Dubuque, State of Iowa, dated September 21, 2010, and directing notice be given. Seconded by Farber. Motion carried 7-0. RESOLUTION NO. 258-21 DIRECTING SALE OF $3,720,000* (SUBJECT TO ADJUSTMENT PER TERMS OF OFFERING) WATER REVENUE REFUNDING BONDS, SERIES 2021C Whereas, bids have been received for the Bonds described as follows and the best bid received (with permitted adjustments, if any) is determined to be the following: $3,720,000* (Subject to adjustment per terms of offering) Water Revenue Refunding Bonds, Series 2021 C Bidder: Robert W. Baird & Co., Inc. of Red Bank, NJ The terms of award: Final Par Amount as adjusted: $3,720,000.00 Purchase Price as adjusted: $3,889,881.35 True Interest Rate: 1.037883% Net Interest Cost: $195,705.32 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, STATE OF IOWA- That the bid for the Bonds as above set out is hereby determined to be the best and most favorable bid received and, the Bonds are hereby awarded as described above. 25 That the statement of information for Bond bidders and the form of contract for the sale of the Bonds are hereby approved and the Mayor and Clerk are authorized to execute the same on behalf of the City. That the notice of the sale of the Bonds heretofore given and all acts of the Clerk done in furtherance of the sale of the Bonds are hereby ratified and approved. Passed and approved this 19th day of July, 2021. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk RESOLUTION NO. 259-21 AUTHORIZING THE REDEMPTION OF OUTSTANDING WATER REVENUE BONDS, SERIES 2008D, OF THE CITY OF DUBUQUE, STATE OF IOWA, DATED NOVEMBER 4, 2008, AND DIRECTING NOTICE BE GIVEN Whereas, the City did by resolution dated October 20, 2008, authorize the issuance of $1,195,000 Water Revenue Bonds, Series 2008D, (the "Bonds") dated November 4, 2008; and Whereas, the Bonds are redeemable in any order of their numbering on June 1, 2016 or any date thereafter upon giving notice in the manner provided in the resolution authorizing the issuance of the Bonds; and Whereas, it is deemed necessary and advisable that $215,000 be so redeemed on August 23, 2021 and notice of redemption be given according to the terms of the resolution authorizing issuance of the Bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, STATE OF IOWA: That outstanding Water Revenue Bonds, dated November 4, 2008, in the principal amount of $215,000, be and the same are hereby redeemed as of August 23, 2021. The Registrar and Paying Agent, UMB Bank, N.A., as successor to Wells Fargo Bank, N.A., is hereby authorized and directed to cause notice of such redemption be given not less than thirty (30) days prior to the redemption date and to cause notice of redemption to be mailed to the registered owners of the Bonds by ordinary mail, and to notify DTC. The Director of Finance & Budget is hereby authorized and directed to cause to be deposited in a separate fund such sum as is sufficient to pay all principal and interest on the redeemed Bonds to the date of redemption and to notify the City's dissemination agent to post the Notice of Redemption to the MSRB's website (EMMA) in searchable PDF format for the refunded Bonds in accordance with the Continuing Disclosure Certificate for the Bonds. That the form of such notice be substantially as [provided]. Passed and approved this 19t" day of July, 2021. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk RESOLUTION NO. 260-21 AUTHORIZING THE REDEMPTION OF OUTSTANDING WATER REVENUE BONDS, SERIES 2010D, OF THE CITY OF DUBUQUE, STATE OF IOWA, DATED SEPTEMBER 21, 2010, AND DIRECTING NOTICE BE GIVEN Whereas, the City did authorize the issuance of $5,700,000 Water Revenue Bonds, Series 2010D, (the "Bonds") dated September 21, 2010; and 26 Whereas, the Bonds are redeemable in any order of their numbering on June 1, 2017 or any date thereafter upon giving notice in the manner provided in the resolution authorizing the issuance of the Bonds; and Whereas, it is deemed necessary and advisable that $3,610,000 be so redeemed on August 23, 2021 and notice of redemption be given according to the terms of the resolution authorizing issuance of the Bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, STATE OF IOWA: That outstanding Water Revenue Bonds, dated September 21, 2010, in the principal amount of $3,610,000, be and the same are hereby redeemed as of August 23, 2021. The Registrar and Paying Agent, UMB Bank, N.A, as successor to Wells Fargo Bank, N.A., is hereby authorized and directed to cause notice of such redemption be given not less than thirty (30) days prior to the redemption date and to cause notice of redemption to be mailed to the registered owners of the Bonds by ordinary mail, and to notify DTC. The Director of Finance & Budget is hereby authorized and directed to cause to be deposited in a separate fund such sum as is sufficient to pay all principal and interest on the redeemed Bonds to the date of redemption and to notify the City's dissemination agent to post the Notice of Redemption to the MSRB's website (EMMA) in searchable PDF format for the refunded Bonds in accordance with the Continuing Disclosure Certificate for the Bonds. That the form of such notice be substantially as [provided]. Passed and approved this 19t" day of July, 2021. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk 8. June 2021 Bee Branch Creek Railroad Culverts Project Update Video: The Public Information Office will show a video of the Bee Branch Creek Railroad Project. Motion by Sprank to receive and file the information and view the video. Seconded by Jones. Motion carried 7-0. COUNCIL MEMBER REPORTS Council Member Roussell reported that she had attended the National League of Cities Conference and that the mulching event put on by Trees Forever was a big success. Council Member Jones stated that had he been at the dais to vote on Action Item No. 1, he would have voted in the affirmative. Additionally, he reported that the Historic US Highway 20 Auto Trail signage is posted, and the informal dedication was informative and fun. Council Member Resnick reported he had attended the production of Roald Dahl's Matilda and will be attending Brigadoon at the Grand Opera House and how important the arts are to the community. Council Member Sprank thanked the Dubuque Police Department on their speedy response to the tragedy that occurred over the weekend. CLOSED SESSION Motion by Jones to convene in closed session at 8:38 p.m. to discuss pending litigation and purchase or sale of real estate — Chapter 21.5(1)(c),Q) Code of Iowa. Seconded by Cavanagh. Mayor Buol stated for the record that the attorney who will 27 consult with City Council on the issues to be discussed in the closed session is City Attorney Crenna Brumwell. Motion carried 7-0. Upon motion, the City Council reconvened in open session at 9:37 p.m. stating that staff had been given proper direction. There being no further business, Mayor Buol declared the meeting adjourned at 9:39 p.m. /s/Trish L. Gleason, Assistant City Clerk 28