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09 07 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 September 7, 2021, in the second-floor Council Chambers of the Historic Federal Building, 350 W. 6 th Street. Present: Mayor Buol; Council Members Cavanagh, Farber, Jones, Resnick, Roussell (attended virtually), 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 Sustainable Dubuque update. WORK SESSION Sustainable Dubuque Update Planning Services Manager Wally Wernimont made a presentation on sustainability practices as they relate to the planning department. Topics included: • Unified Development Code (UDC) • Sustainable Division Development o Conservation Subdivision o Solar Subdivision o Cottage Design Subdivision • Other Options for Sustainability Points • Site Plan Design Standards • Site Development: Low Impact Development Tools • Landscaping Requirements • Site Landscaping • Trees and Shrubs • Street Trees • Parking Lot Landscaping • Parkland Development • Imagine Dubuque Mr. Wernimont responded to questions from the City Council regarding lot specifications of cottage design subdivisions, requirements f or streets annexed into the city to attain sustainability points, and which developments achieve higher sustainability points. Mr. Wernimont stated that the Planning Services Department’s staff memos for City Council agenda items detail the sustainability points that an applicant has accrued. There being no further business, Mayor Buol declared the meeting adjourned at 6:24 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 September 7, 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 (attended virtually), 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. COVID-19 Update: Mary Rose Corrigan, Public Health Specialist for the City of Dubuque, provided an update on the COVID-19 pandemic and response activities. Ms. Corrigan responded to questions from the City Council regarding hospital capacity, frequency of state reporting, and potential impacts of the upcoming flu season. PROCLAMATION(S) 1. Days of Peace and Non-Violence (September 11-Septemeber 29, 2021) was accepted by Art Roche, R.R.S. Stewart, and Mira Mosle on behalf of the Dubuque International Day of Peace Coordinating Committee. 2. National Recovery Month (September 2021) was accepted by Sue Greene on behalf of ZTM Sober Living. 3. National Library Card Signup Month (September 2021) was accepted by Library Director Nick Rossman on behalf of Carnegie Stout Public Library. 4. St. John's Community Kindness Month (September 2021) was accepted by John Stewart on behalf of St. John’s Episcopal Church Kindness Community Campaign. CONSENT ITEMS Motion by Resnick to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Farber. Motion carried 7-0. 1. Minutes and Reports Submitted: City Council Proceedings of 8/16, 8/23, 8/24, and 8/25; Library Board of Trustees Minutes of 7/22; Proof of publication for City Council proceedings of 8/2, 8/9, and 8/16; Proof of publication for List of Claims and Summary of Revenues for Month Ended 7/31. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: Dennis Viertel for vehicle damage. Upon motion the documents were received, filed, and referred to the City Attorney. 3. Disposition of Claims: City Attorney advised that the following claims have been referred to Public Entity Risk Services of Iowa, the agent fo r the Iowa Communities Assurance Pool: Dennis Viertel for vehicle 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. 291-21 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. 291-21 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 ha s 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 7th day of September, 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 5. Proposed Downtown Rehabilitation Grant Award for 1540 Central Avenue : City Manager recommended approval of a Downtown Rehabilitation Loan Program Grant Award to Real Property Investments, LLC in the maximum amount of $50,000 for rehabilitation of 1540 Central Avenue. Upon motion the documents were received and filed, and Resolution No. 292-21 Approving a Grant Agreement between the City of Dubuque, Iowa and Real Property Investments, LLC for the Redevelopment of 1540 Central Avenue was adopted. RESOLUTION NO. 292-21 APPROVING A GRANT AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND REAL PROPERTY INVESTMENTS, LLC FOR THE REDEVELOPMENT OF 1540 CENTRAL AVENUE Whereas, Real Property Investments, LLC is the owner of the building at 1540 Central Avenue in the City of Dubuque, Iowa (the “Development Property”) legally described as: The Northerly 30 feet 6 inches of the Middle 1/5 of Lot 442 in the City of Dubuque, Iowa, according to the United States Commissioners Map thereof ; and Whereas, Real Property Investments, LLC has applied to the City of Dubuque Economic Development Department (the “City”) for a Downtown Housing Incentive Grant and a Façade Grant (the “Grants”) for the rehabilitation of the Development Propert y (the “Project”); and Whereas, the Project is eligible for the Grants; and Whereas, City and Real Property Investments, LLC has tentatively entered into a Grant Agreement for the Development Property (the “Grant Agreement”), a copy of which is attached hereto; and Whereas, it is the determination of the City Council that approval of the Grant Agreement for redevelopment of the Development Property by Real Property Investments, LLC, according to the terms and conditions set out in the Grant Agreement, is in the public interest of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Grant Agreement between the City of Dubuque and Real Property Investments, LLC is hereby approved. Section 2. That the Mayor is hereby authorized and directed to execute the 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 Grant Agreement as herein approved. Passed, approved and adopted this 7th day of September, 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 6. Amendment to Fiscal Year 2022 Contracted Service Agreement with Dubuque Area Convention and Visitors Bureau (a.k.a. Travel Dubuque): City Manager recommended adoption of a resolution approving the First Amendment to the Fiscal Year 2022 Contracted Service Agreement with Travel Dubuque. Upon motion the documents were received and filed, and Resolution No. 293-21 Approving the First Amendment to Agreement between the City of Dubuque, Iowa and Dubuque Area Convention and Visitors Bureau (a.k.a. Travel Dubuque) was adopted. RESOLUTION NO. 293-21 APPROVING THE FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND DUBUQUE AREA CONVENTION AND VISITORS BUREAU (a.k.a.TRAVEL DUBUQUE) Whereas, the City of Dubuque (City) and Dubuque Area Convention and Visitors Bureau (Agency) previously entered into an Agreement dated for reference purposes the 1st day of July, 2021for the promotion and encouragement of tourist and convention business in the City; and Whereas, City and Agency desire to amend the 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 Agreement between the City of Dubuque, Iowa and Dubuque Area Convention and Visitors Bureau, a copy o f which is attached hereto, is hereby approved. Section 2. That the Mayor is hereby authorized and directed to execute the First Amendment to 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 Agreement as herein approved. Passed, approved and adopted this 7th day of September, 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 7. Contract Amendment to State of Iowa Direct Financial Assistance Contract by and among Medline Industries, Inc. MRE DIA, LLC, the City of Dubuque, and the Iowa Economic Development Authority: City Manager recommended approval of a resolution authorizing a contract amendment between Medline Industries, Inc., MRE DIA, LLC, the City of Dubuque and the Iowa Economic Development Authority which modifies the project completion date for its job creation requirements from March 31, 2021, to December 31, 2022. Upon motion the documents were received and filed, and Resolution No. 294-21 Approving the Contract Amendment to the Economic Development Financial Assistance Contract by and among Medline Industries, Inc., MRE DIA, LLC, the City of Dubuque, Iowa, and the Iowa Economic Development Authority was adopted. RESOLUTION NO. 294-21 APPROVING THE CONTRACT AMENDMENT TO THE ECONOMIC DEVELOPMENT FINANCIAL ASSISTANCE CONTRACT BY AND AMONG MEDLINE INDUSTRIES, INC., MRE DIA, LLC, THE CITY OF DUBUQUE, IOWA, AND THE IOWA ECONOMIC DEVELOPMENT AUTHORITY Whereas, Medline Industries, Inc., MRE DIA, LLC (Medline) and the City of Dubuque (City) entered into an Economic Development Financial Assistance Contract (the Contract) with the Iowa Economic Development Authority (IEDA) to facilitate the creation of one hundred five (105) full-time jobs in the City; and Whereas, Medline has requested an extension of the Project Completion Date in the Contract; and Whereas, the parties now desire to amend the Contract as set forth in the attached Contract Amendment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Contract Amendment is hereby approved. Section 2. The Mayor is hereby authorized and directed to execute, and the City Manager is hereby directed to submit the Contract Amendment to the Iowa Economic Development Authority together with such other documents as may be required. Passed, approved, and adopted this 7th day of September, 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 8. Approval of Assignment Agreement, Medline Industries, Inc. Corporate Reorganization: City Manager recommended approval of resolutions and First Amendment and Assignment Agreement for Medline Industries, Inc. and its subsidiaries. Upon motion the documents were received and filed, and Resolution No. 295-21 Approving an Assignment Agreement between MRE DIA, LLC and MRE Propco, LP and Resolution No. 296-21 Approving the First Amendment to Amended and Restated Development Agreement between the City of Dubuque, Iowa and Medline Industries, Inc. were adopted. RESOLUTION NO. 295-21 APPROVING AN ASSIGNMENT AGREEMENT BETWEEN MRE DIA, LLC AND MRE PROPCO, LP Whereas, Medline Industries, Inc. entered into an Amended and Restated Development Agreement dated June 4, 2018, with the City of Dubuque, Iowa, providing certain rights and obligations with respect to the property legally described as Lot 1 of Dubuque Industrial Center North Third Addition (the Property); and Whereas, Medline Industries, Inc. assigned its right to take title to the Property to MRE DIA, LLC pursuant to an Assignment, Acceptance and Notice; and Whereas, MRE DIA, LLC in the Assignment, Acceptance and Notice agreed to be bound by all of the terms and conditions of the Amended and Restated Development Agreement; and Whereas, MRE DIA, LLC now desires to transfer the Property and assign its rights to the Property to MRE Propco, LP pursuant to the attached Assignment Agreement, subject to the consent of the City of Dubuque; and Whereas, the City Council of the City of Dubuque finds that consent to th e Assignment Agreement is in the best interests of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: Section 1. The Assignment Agreement is hereby approved. Section 2. The Mayor is hereby authorized and directed to sign the Consent to Assignment Agreement on behalf of the City of Dubuque. Passed, approved and adopted this 7th day of September, 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk RESOLUTION NO. 296-21 APPROVING THE FIRST AMENDMENT TO AMENDED AND RESTATED DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND MEDLINE INDUSTRIS, INC. Whereas, Medline Industries, Inc. entered into an Amended and Restated Development Agreement dated June 4, 2018, with the City of Dubuque, Iowa, providing certain rights and obligations with respect to the property legally described as Lot 1 of Dubuque Industrial Center North Third Addition (the Property); and Whereas, Medline Industries, Inc. assigned its right to take title to the Property to MRE DIA, LLC pursuant to an Assignment, Acceptance and Notice; and Whereas, MRE DIA, LLC in the Assignment, Acceptance and Notice agreed to be bound by all of the terms and conditions of the Amended and Restated Development Agreement; and Whereas, MRE DIA, LLC, has transferred the Property and assigned its rights to the Property to MRE Propco, LP; and Whereas, Medline Industries, Inc., pursuant to a Section K reorganization, is now Medline Industries, LP; and Whereas, the City of Dubuque, Medline Industries, LP and MRE Propco, LP now desire to amend the Amended and Restated Development Agreement as set forth in the attached First Amendment to Amended and Restated Development Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: Section 1. The First Amendment to Amended and Restated Development Agreement is hereby approved. Section 2. The Mayor is hereby authorized and directed to sign the First Amendment to Amended and Restated Development Agreement on behalf of the City of Dubuque. Passed, approved and adopted this 7th day of September, 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 9. Summary of COVID – 19 Vaccination efforts by City of Dubuque: City Manager transmitted a summary of COVID-19 Vaccination efforts by the City of Dubuque. Upon motion the documents were received and filed. 10. Recommendations for Supporting Local Governments making American Rescue Plan (ARP) Eligible Expenditures: Correspondence from Chuck Isenhart, Iowa State Representative of House District 100, on recommendations he has provided to Iowa Governor Kim Reynolds for supporting local governments making American Rescue Plan (ARP) eligible expenditures. Upon motion the documents were received and filed. 11. Appointment of Liaison to the Long Range Planning Commission : Housing Commission recommended that Commissioner Amy Eudaley continue as the Housing Commission Liaison to the Long Range Planning Commission. Upon motion the documents were received, filed, and approved. 12. Appointment of Liaison to the Community Development Advisory Commission: Housing Commission recommended that Commissioner Hilary Dalton continue as the Housing Commission Liaison to the Community Development Advisory Commission. Upon motion the documents were received, filed, and approved. 13. Washington Neighborhood / Housing Trust Fund Application : City Manager recommended approval of a resolution authorizing commitment of $34,951.64 from Greater Dubuque Downtown TIF as a match to the Housing Trust Fund Committee’s application to the Iowa Finance Authority for a $183,956 grant from the State Housing Trust Fund for continued support of homeownership and rehabilitation activities in the Washington Neighborhood. Upon motion the documents were received and filed, and Resolution No. 297-21 Approving commitment of matching funds for an application to the Iowa Finance Authority (IFA) for State Housing Trust Funds was adopted. RESOLUTION NO. 297-21 APPROVING COMMITMENT OF MATCHING FUNDS FOR AN APPLICATION TO THE IOWA FINANCE AUTHORITY (IFA) FOR STATE HOUSING TRUST FUNDS Whereas, the Iowa Finance Authority has recognized Dubuque’s Housing Trust Fund Committee as a certified Local Housing Trust Fund; and Whereas, IFA has made funding available in statewide competition to local trust funds for State Housing Trust Fund grants, in amounts based on population size; and Whereas, a 25% local match of the first 60% of the total award amount and 10% of the remaining 40% of the total award, or a total of $34,951.64 is required for receipt of a funding award; and Whereas, the Housing Trust Fund Committee has authorized an applica tion to IFA for a Housing Trust Fund award, in the amount of $183,956; and Whereas, the GDTIF Activity No. 2681021 funds are available in the current year Housing Department’s budget in sufficient amount to meet the matching funds requirement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque hereby approves commitment of $34,951.64, in the current year GDTIF as a match to the application for IFA State Housing Trust Funds. Section 2. That the Housing Trust Fund Committee, in accordance with Sec. 2-5D-7 of the Code of Ordinances, shall have final authority to direct how such funds shall be used in support of revitalization activities in the Washington Neighborhood. Passed, approved and adopted this 7th day of September 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 14. Notice of Application for Family Self Sufficiency Coordinator Grant : City Manager recommended approval to submit a $133,507 grant application to the US De partment of Housing & Urban Development (HUD) for renewal funding for two Family Self-Sufficiency (FSS) Program Coordinators for the calendar year 2022. Upon motion the documents were received and filed, and Resolution No. 298-21 Authorizing the Director of Housing and Community Development to execute an application for the HUD Family Self - Sufficiency Program Grant and authorizing the Director of Housing and Community Development and the City Manager to approve the application was adopted. RESOLUTION NO. 298-21 AUTHORIZING THE DIRECTOR OF HOUSING AND COMMUNITY DEVELOPMENT TO EXECUTE AN APPLICATION FOR THE HUD FAMILY SELF- SUFFICIENCY PROGRAM GRANT AND AUTHORIZING THE DIRECTOR OF HOUSING AND COMMUNITY DEVELOPMENT AND THE CITY MANAGER TO APPROVE THE APPLICATION Whereas, the U.S. Department of Housing and Urban Development has published a Notice of Funding Availability (NOFA) for the Family Self -Sufficiency Program to be utilized for the salaries of program coordinators combining the funding for the FSS coordinators that serve Housing Choice Voucher (HCV) participants and/or Public Housing (PH) participants for Calendar Year 2022; and Whereas, the City of Dubuque has administered Project Self -Sufficiency since September 1987 that became the Family Self-Sufficiency (FSS) Program in July 1994; and Whereas, the City of Dubuque has received funding for an FSS coordinator continuously from 1994 thru 2019, 2021; and Whereas, the City of Dubuque proposes to continue administering the FSS program . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE IOWA: Section 1: That the Director of Housing and Community Development is hereby authorized and directed to submit an application for the HUD FSS program grant; and Section 2: That the Director of Housing and Community Development and the City Manager are hereby authorized to approve the application that is submitted to HUD; and Section 3: That the City Manager is hereby authorized and directed to forward said application and resulting standard executed contract to the respective agencies in a timely fashion and as required by the U. S. Department of Housing and Urban Development. Passed, approved and adopted this 7th day of September 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 15. Human Trafficking Training and Bus Wrap: City Manager transmitted information about training provided in March of 2021 to the Jule bus operators by the Tri State Coalition Against Human Trafficking and Slavery, as well as a promotio nal bus wrap applied to a City of Dubuque bus to raise awareness about human trafficking. Upon motion the documents were received and filed. 16. Signed Contract(s): Service Agreement with Dakota, Minnesota & Eastern Railroad Corporation (Canadian Pacific) for the 17th Street Storm Sewer Project; Interim Management Agreement with Dubuque Community Ice and Recreation Center for management of Mystique Community Ice Center; Parking Agreement with Q Casino for use of a City-owned area for parking on specified d ates. Upon motion the documents were received and filed. 17. Improvement Contracts / Performance, Payment and Maintenance Bonds : Drew Cook & Sons Excavating for Green Alley Repair of 2417 White Street; Drew Cook & Sons Excavating for the Chavenelle Road W ater Main Improvements; G&R Tree Service for the 2021 Stumps/Sidewalks Project One; Horsfield Construction, Inc. for the Chavenelle Road Reconstruction Project - Radford Road to Northwest Arterial; SELCO, Inc. for the 2021 Pavement Marking Project; Temperley Excavating, Inc. for the Wood St. Sanitary / Water Project. Upon motion the documents were received, filed, and approved. 18. 2021 Asphalt Overlay Access Ramp Project 2 : City Manager recommended acceptance of the construction contract for the 2021 Asph alt Overlay Access Ramp Project 2, as completed by S & S Builders, in the final contract amount of $93,349.29. Upon motion the documents were received and filed, and Resolution No. 299-21 Accepting the 2021 Asphalt Overlay Access Ramp Project 2 and authorizing the payment to the contractor was adopted. RESOLUTION NO. 299-21 ACCEPTING THE 2021 ASPHALT OVERLAY ACCESS RAMP PROJECT 2 AND AUTHORIZING THE PAYMENT TO THE CONTRACTOR Whereas, the public improvement contract for 2021 Asphalt Overlay Access Ramp Project 2, (the Project) has been completed by the Contractor, S & S Builders, (Contractor), the City Engineer has examined the work and recommends that the Project be accepted; and Whereas, the final contract amount for the Project is $93,349.29.00; and Whereas, the Contractor has previously been paid $88,681.83, leaving a balance of $4,667.46; and Whereas, the City Council finds that the recommendation of the City Engineer should be accepted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved, and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor the balance of the retainage of $4,667.46 as provided in Iowa Code chapter 573, and to pay such retainage in accordance with the provisions of Iowa Code chapter 573 or Iowa Code chapter 26.13. Passed, approved and adopted this 7th day of September 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 19. Chaplain Schmitt Veterans Memorial Project – Acceptance of the Construction Contract: City Manager recommended acceptance of the construction contract for the Chaplain Schmitt Veterans Memorial Project, as completed by Conlon Construction, in the final contract amount of $2,579,595.77. Upon motion the documents were received and filed, and Resolution No. 300-21 Accepting the Chaplain Schmitt Veterans Memorial Project, and authorizing the payment to the contractor was adopted. RESOLUTION NO. 300-21 ACCEPTING THE CHAPLAIN SCHMITT VETERANS MEMORIAL PROJECT, AND AUTHORIZING THE PAYMENT TO THE CONTRACTOR Whereas, the public improvement contract for the Chaplain Schmitt Veterans Memorial Project (the Project) has been completed by the Contractor, Conlon Construction, (Contractor), the City Engineer has examined the work and recommends that the Project be accepted; and Whereas, the final contract amount for the Project is $2,579,595.77; and Whereas, the Contractor has previously been paid $2,450,615.98, leaving a balance of $128,979.79; and Whereas, the City Council finds that the recommendation of the City Engineer should be accepted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved, and the Project is hereby accepted. Section 2. The Director of Finance & Budget is hereby directed to pay to the Contractor the balance of the retainage of $128,979.79 as provided in Iowa Code chapter 573, and to pay such retainage in accordance with the provisions of Iowa Code chapter 573 or Iowa Code chapter 26.13. Passed, approved and adopted this 7th day of September 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE CHAPLAIN SCHMITT VETERANS MEMORIAL PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the Chaplain Schmitt Veterans Memorial Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $2,579,595.77. Dated this 1st day of September 2021. /s/Guss Psihoyos, City Engineer Filed in the office of the City Clerk on the 1st day of September 2021. /s/Adrienne N. Breitfelder, City Clerk 20. Acceptance of Grants of Easements for Hike/Bike Trail and Public Utilities from Property Owners on Chavenelle Road in the City of Dubuque as Part of the Chavenelle Road Hike/Bike Trail Project - Phase 2: City Manager recommended acceptance of a Grant of Easement from Dubuque Initiatives, Chavenelle Warehouse Development, LLC, A.Y. McDonald Mfg. Co., F.H. Uelner Precision Tools and Dies, Inc. and AB(MC)2, LLC for hike/bike trail and public utilities as part of the Chavenelle Road Hike/Bike Trail Project - Phase 2. Upon motion the documents were received and filed, and Resolution No. 301- 21 Accepting Grants of Easement for hike/bike trail and public utilities associated with the Chavenelle Road Hike/Bike Trail Project - Phase 2, in the City of Dubuque, Iowa was adopted. RESOLUTION NO. 301-21 ACCEPTING GRANTS OF EASEMENT FOR HIKE/BIKE TRAIL AND PUBLIC UTILITIES ASSOCIATED WITH THE CHAVENELLE ROAD HIKE/BIKE TRAIL PROJECT - PHASE 2, IN THE CITY OF DUBUQUE, IOWA Whereas, Dubuque Initiatives, has executed a Gran t of Easement for Hike/Bike Trail and Public Utilities across Part of Lot 2-3 of Dubuque Industrial Center 12th Addition, in the City of Dubuque, Iowa; and Whereas, Chavenelle Warehouse Development, LLC, has executed a Grant of Easement for Hike/Bike Trail and Public Utilities across Part of Lot 1 of Dubuque Industrial Center 6th Addition, in the City of Dubuque; and Whereas, A.Y. McDonald MFG. Co., has executed a Grant of Easement for Hike/Bike Trail and Public Utilities across Part of Lot 3 of Dubuque Industrial Center 9th Addition, in the City of Dubuque, Iowa; and Whereas, F.H. UELNER PRECISION TOOLS & DIES, INC., has executed a Grant of Easement for Hike/Bike Trail and Public Utilities across Part of Lot 2 -2 of Dubuque Industrial 6th Addition”, in the City of Dubuque, Iowa; and Whereas, AB(MC)2, LLC., has executed a Grant of Easement for Hike/Bike Trail and Public Utilities across Parts of Lots 1 and 2 of the “Final Plat of the Subdivision of Lot 1 of Dubuque Industrial First Addition”, in the City of Dubuque. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts and consents to the Grants of Easement for Hike/Bike Trail and P ublic Utilities, across the properties as listed above, in the City of Dubuque, Iowa from the property owners as listed above, copies of which are 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. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution with each said Grant of Easement for Hike/Bike and Public Utilities in the offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this 7th day of September 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 21. Acceptance of Grants of Easement for Sanitary Sewer Utility from Barbara and Calvin Gatch, in the City of Dubuque, as Part of the Sanitary Sewer Improvements – Table Mound System Project: City Manager recommended acceptance of the dedication of Grants of Easement for Sanitary Sewer Utility across properties owned by Barbara and Calvin Gatch, in the City of Dubuque, as part of the Sanitary Sewer Improvements – Table Mound System Project. Upon motion the documents were received and filed, and Resolution No. 302-21 Accepting Grants of Easement for sanitary sewer utility across parts of Lot 1 and 2 of the subdivision of the Northwest Quarter of the Northwest Quarter of Section 7, T88N, R3E, of the 5th P.M., Dubuque County, Iowa was adopted. RESOLUTION NO. 302-21 ACCEPTING GRANTS OF EASEMENT FOR SANITARY SEWER UTILITY ACROSS PARTS OF LOT 1 AND 2 OF THE SUBDIVISION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 7, T88N, R3E, OF THE 5TH P.M., DUBUQUE COUNTY, IOWA Whereas, Barbara E. and Calvin F. Gatch, have executed a Grant of Easement fo r Sanitary Sewer Utility across Part of Lot 1 of the Subdivision of the Northwest Quarter of the Northwest Quarter of Section 7, T88N, R3E, of the 5th P.M., Dubuque County, Iowa; and Whereas, Barbara E. and Calvin F. Gatch, have executed a Grant of Easemen t for Sanitary Sewer Utility across Part of Lot 2 of the Subdivision of the Northwest Quarter of the North West Quarter of Section 7, T88N, R3E, of the 5th P.M., 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 Grants of Easement for Sanitary Sewer Utility, across the properties as listed above, in the City of Dubuque, Iowa from the property owners as listed above, copies of which are 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. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution with each said Grant of Easement for Sanitary Sewer Utility in the offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this 7th day of September 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 22. Adoption of Code of Ordinances Supplement Nos. 2021 S -4 and 2021 S-4 Replacement: City Clerk recommended adoption of Supplement Nos. 2021 S-4 and 2021 S-4 Replacement to the City of Dubuque Code of Ordinances that codifies Ordinance Nos. 11-21 through 27-21. Supplement No. 2021 S-4 Replacement was required to correct a misprinted date in Supplement No. 2021 S-4. Upon motion the documents were received and filed, and Resolution No. 303-21 Adopting Supplement Nos. 2021 S-4 and 2021 S-4 Replacement to the Code of Ordinances of the City of Dubuque, Iowa was adopted. RESOLUTION NO. 303-21 ADOPTING SUPPLEMENT NOS. 2021 S-4 AND 2021 S-4 REPLACEMENT 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 Cincinnati, Ohio and filed in the Office of the City Clerk of the City of Dubuque, Iowa; and Whereas, Supplement No. 2021 S-4 contains a misprinted date for City Council adoption of Ordinance No. 27-21; and Whereas, Supplement No. 2021 S-4 Replacement corrects the date for City Council adoption of Ordinance No. 27-21. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Supplement Nos. 2021 S-4 and 2021 S-4 Replacement to the City of Dubuque Code of Ordinances, which codifies Ordinance Nos. 11-21 through 27-21 as approved by City Council through July 6, 2021, is hereby adopted and becomes part of the Code of Ordinances of the City of Dubuque, Iowa. Passed, approved and adopted this 7th day of September, 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 23. Liquor License Renewals: City Manager recommended approval of annual beer, liquor and wine licenses as submitted. Upon motion the documents were received and filed, and Resolution No. 304-21 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 was adopted. RESOLUTION NO. 304-21 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, provisionally approved, and/or approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City, and 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: New Applications Mystique Ice Center, 1800 Admiral Sheehey Rd. Renewals Grand River Center, 500 Bell St. Grand Tap The, 802 Central Ave. Holy Spirit Church, 2981 Central Ave. Los Aztecas Mexican Restaurant, 2700 Dodge St. National Mississippi River Museum & Aquarium, 350 & 400 East 3rd St. North Side Liquor & Tobacco, 2013 Central Ave. Pete's Thai Kitchen, LLC, 609 East 22nd St. Red Robin America's Gourmet Burgers & Spirits, 2775 NW Arterial Ron's Discount Smokes & Bev. Cntr. # 1, 3300 Asbury Rd. Passed, approved, and adopted this 7th day of September 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk ITEMS SET FOR PUBLIC HEARING Motion by Resnick to receive and file the documents, adopt the resolutions, and set the public hearings as indicated. Seconded by Jones. Motion carried 7-0. 1. Fiscal Year 2022 First Budget Amendment: City Manager recommended the first Fiscal Year 2022 Budget Amendment be set for public hearing for September 20, 2021. Upon motion the documents were received and filed and Resolution No. 305-21 Setting the date for the public hearing on Amendment No. 1 to the Fiscal Year 2022 Bu dget for the City of Dubuque was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on September 20, 2021, in the Historic Federal Building. RESOLUTION NO. 305-21 SETTING THE DATE FOR THE PUBLIC HEARING ON AMENDMENT NO. 1 TO THE FISCAL YEAR 2022 BUDGET FOR THE CITY OF DUBUQUE Whereas, Iowa Code Section 384.16 provides that the City Council shall set a time and place for a public hearing on amendments to the budget and publish notice before the hearing as provided in Iowa Code Section 362.3. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council shall conduct a public hearing on proposed Amendment No. 1 to the Fiscal Year 2022 budget for the City of Dubuque at the City Council Chambers at the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, on Monday, September 20, 2021, beginning at 6:30 p.m. Section 2. That the City Clerk be and is hereby authorized and directed to publish notice of the public hearing, according to law, together with the required budget information. Passed, approved, and adopted this 7th day of September 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 2. Tiffany Court - Lead Mine Sinkhole Subsidence Remediation Project: Initiate Public Improvement Bidding Process: City Manager recommended initiation of the public bidding procedure for the Tiffany Court – Lead Mine Sinkhole Subsidence Remediation Project, and further recommended that a public hearing be set for September 20, 2021. Upon motion the documents were received and filed and Resolution No. 306-21 Tiffany Court - Lead Mine Sinkhole Subsidence Remediation Project: preliminary approval of plans, specifications, form of contract, and estimated cost; setting date of public hear ing 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 September 20, 2021, in the Historic Federal Building. RESOLUTION NO. 306-21 TIFFANY COURT - LEAD MINE SINKHOLE SUBSIDENCE REMEDIATION 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: The proposed plans, specifications, form of contract and estimated cost for the Tiffany Court - Lead Mine Sinkhole Subsidence Remediation Project in the estimated amount $150,000.00, 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 20th day of September, 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 sai d 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 Tiffany Court - Lead Mine Sinkhole Subsidence Remediation 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 Engineer is hereby directed to advertise for 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 ci rculation, 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 28th day of September 2021. Bids shall be opened and read by the City Clerk at said time and will b e submitted to the City Council for final action at 6:30 p.m. on the 4th day of October 2021, in the Historic Federal Building Council Chambers (and/or by virtual means) 350 West 6th Street, Dubuque, Iowa. Passed, approved and adopted this 7th day of September 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 3. Kennedy Road Water Main Extension Project 2021: Initiate Public Bidding and Set the Public Hearing Date: City Manager recommended preliminary approval to the construction plans and specifications; and establish September 20, 2021, as the date for the public hearing; and hereby authorize the City Clerk to advertise for bid proposals for the Kennedy Road Water Main Extension Project 2021. Upon motion the documents were received and filed and Resolution No. 307-21 Kennedy Road Water Main Extension Project 2021: 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 September 20, 2021, in the Historic Federal Building. RESOLUTION NO. 307-21 THE KENNEDY ROAD WATER MAIN EXTENSION PROJECT 2021 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: The proposed plans, specifications, form of contract and estimated cost for the Kennedy Road Water Main Extension Project 2021 in the amount of $864,255.00, 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 20th day of September, 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 Kennedy Road Water Main Extension Project 2021 Project is hereby ordered to be advertised for bids for construction. The amount of the security to accom pany each bid shall be in an amount which shall conform to the provisions of the Notice to Bidders hereby approved. The City Engineering Department Manager is hereby directed to advertise for sealed bids for the construction of the improvements herein prov ided, 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 28th day of September, 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 4th day of October, 2021, in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa. Passed, adopted and approved this 7th day of September, 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk BOARDS/COMMISSIONS Applications were reviewed for the following Boards and Commissions. Applicants were invited to address the City Council regarding their desire to serve on the following Boards/Commissions. i. Airport Commission: Two, 4-Year terms through September 14, 2025 (Expiring terms of Brotherton and Kurtz-Weber). Applicants: Douglas Brotherton, 2823 Hickory Hill Dr.; Marianne Kurtz-Weber, 955 Prince Philip Dr. This commission is subject to the State of Iowa Gender Balance Law. 5 Commissioners total; currently 1 male/2 females/2 openings. Mr. Brotherton spoke in support of his appointment and provided a brief biography. Ms. Kurtz-Weber also spoke in support of her appointment and provided a brief biography. ii. Building Code Advisory and Appeals Board: One, 3-Year term through January 1, 2024 (Vacant HVAC Construction Professional term of Swift). Applicant: Corey Valaskey, 1385 Alta Vista (Applying for HVAC Construction Professional). iii. Historic Preservation Commission: One, 3-Year term through July 1, 2024 (Vacant term of Doyle). Applicant: William Doyle, 1591 White St. This commission is subject to the State of Iowa Gender Balance Law. 9 Commissioners total; currently 5 males/2 females/2 openings *Opening was advertised for 90 days while non -male identifying applicants were sought in adherence with Iowa Code 69.16A Gender Balance. Additional openings on the commission are being advertised for 90 days while nonmale identifying applicants are sought in adherence with Iowa Code 69.16A Gender Balance. iv. Housing Trust Fund Advisory Committee: One, 3-Year term through August 17, 2024 (Expired term of Holz). Applicant: James Holz, 3010 Indiana Ct. v. Long Range Planning Advisory Commission: One, 3-Year term through July 1, 2024 (Vacant term of Pregler). Applicant: Beth McGrath, 2575 Saint Anne Dr. PUBLIC HEARINGS 1. Petition to Vacate a portion of Grace Street, in the City of Dubuque, Iowa : University of Dubuque - Grace Street Vacate Agreement: Proof of publication on notice of public hearing to consider the vacating and disposal of the Grace Street right of way described as Lot 14A of O’Hare’s Subdivision, in the City of Dubuque, Iowa, for a purchase price of $80,491.50, and City Manager recommended approval. Motion by Cavanagh to receive and file the documents and adopt Resolution No. 308-21 Vacating a portion of Grace Street, in the City of Dubuque, Iowa, to be known as Lot 14A Of O’Hare’s Subdivision, in the City of Dubuque, Iowa and Resolution No. 309-21 Disposing of City Interest in Lot 14A of O’Hare’s Subdivision, in the City of Dubuque, Iowa. Seconded by Jones. Adam Schwendinger, 1845 Bennett St., spoke about potential issues from traffic being re-routed because of Grace Street’s closure. Keith Obeforth, Assistant Vice President for University of Dubuque, stated that the university is still confirming the final design for proposed campus improvements on Grace Street. City Council members expressed support for the vacate agreement. Motion carried 7-0. RESOLUTION NO. 308-21 VACATING A PORTION OF GRACE STREET, IN THE CITY OF DUBUQUE, IOWA, TO BE KNOWN AS LOT 14A OF O’HARE’S SUBDIVISION, IN THE CITY OF DUBUQUE, IOWA Whereas, the City of Dubuque has entered into an agreement with University of Dubuque for the sale of City Owned property including a portion of the Grace Str eet right of way between Algona Street and McCormick Street, in the City of Dubuque, Iowa, in the City of Dubuque, Iowa; and Whereas, the University of Dubuque has requested the vacation of a portion of Grace Street and the conveyance of the property to University of Dubuque per said agreement; and Whereas, WHKS & Co. has prepared and submitted to the City Council a plat showing the proposed vacated area of Grace Street right of way between Algona Street and McCormick Street, in the City of Dubuque, Iowa, Iowa and assigned a lot number thereto, which hereinafter shall be known and described as Lot 14A in O’Hare’s Subdivision, in the City of Dubuque, Iowa; and Whereas, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on the 20th day of August 2021, the City Council of the City of Dubuque, Iowa met by public and/or virtual means on the 7th day of September 2021, at 6:30 p.m. in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Dubuque County, Iowa to consider the request to vacate; and Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written to the request to vacate; and Whereas, the City Council of the City of Dubuque, Iowa, has determined that the proposed vacation of Lot 14A of O’Hare’s Subdivision, in the City of Dubuque, Iowa, Iowa should be approved. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the real estate described as Lot 14A of O’Hare’s Subdivision, in the City of Dubuque, Iowa, be and the same is hereby vacated. Passed, approved and adopted this 7th day of September 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk RESOLUTION NO. 309-21 DISPOSING OF CITY INTEREST IN LOT 14A OF O’HARE’S SUBDIVISION, IN THE CITY OF DUBUQUE, IOWA Whereas, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on the 20th day of August, 2021, the City Council of the City of Dubuque, Iowa met by in person and/or by virtual means on the 7th day of September, 2021, at 6:30 p.m. in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Dubuque County, Iowa to consider the proposal for the sale of real estate described as: Lot 14A of O’Hare’s Subdivision, in the City of Dubuque, Iowa Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written to the proposal to sell such real estate. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the conveyance of City of Dubuque real property described as Lot 14A of O’Hare’s Subdivision, in the City of Dubuque, Iowa, to University of Dubuque be and the same is hereby approved. Conveyance shall be by Quit Claim Deed. Section 2. That the Mayor be authorized and directed to execute a Quit Claim Deed, and the City Clerk be and is hereby authorized and directed to deliver said deed of conveyance to University of Dubuque. Section 3. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution in the offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this 7th day of September 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 2. Proceedings for Public Hearing on the Issuance of Not to Exceed $290,000, Sewer Revenue Capital Loan Notes (Interim Financing) State Revolving Funds, Planning and Design Loan Applications: Proof of publication on notice of public hearing to consider City Council approval of the suggested proceedings for a public hearing on the issuance of not to exceed $290,000 in Sewer Revenue Capital Loan Notes (Interim Financing) State Revolving Loan Fund Program, the proceeds of which will be used to pay planning and design costs for High Strength Waste Receiving & Storage Project, and City Manager recommended approval. Motion by Jones to receive and file the documents and adopt Resolution No. 310-21 Instituting proceedings to take additional action for the authorization of a Loan and Disbursement Agreement and the issuance of not to exceed $290,000 Sewer Revenue Capital Loan Notes and Resolution No. 311-21 Approving and authorizing a form of Interim Loan and Disbursement Agreement by and between the City of Dubuque and the Iowa Finance Authority, and authorizing and providing for the issuance and securing the payment of $290,000 Sewer Revenue Capital Loan Notes Anticipation Project Note, Series 2021, of the City of Dubuque, Iowa, under the provisions of the Code of Iowa, and providing for a method of payment of said note . Seconded by Sprank. Responding to a question from the City Council, Water Resource and Recovery Center (WRRC) Manager William O’Brien stated that co-digestion was not considered when the WRRC was built in 2013. City Manager Van Milligen stated that the Iowa Finance Authority (IFA) loans money to counties and cities for water and wastewater projects, and the loans allow the city to use the loan’s interest for other projects. Motion carried 7-0. RESOLUTION NO. 310-21 INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION OF A LOAN AND DISBURSEMENT AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $290,000 SEWER REVENUE CAPITAL LOAN NOTES Whereas, pursuant to notice published as required by law, this City Council has held a public meeting and hearing upon the proposal to institute proceedings for the authorization of a Loan and Disbursement Agreement by and between the City and the Iowa Finance Authority, and the issuance to the Iowa Finance Authority of not to exceed $290,000 Sewer Revenue Capital Loan Notes to evidence the obligations of the City under said Loan and Disbursement Agreement, for the purpose of paying costs of acquisition, construction, reconstruction, extending, remodeling, improving, repairing and equipping all or part of the Municipal Sewer System, including for the High Strength Waste Receiving & Storage Project, and has considered the extent of objections received from residents or property owners as to said proposal, and accordingly the following action is now considered to be in the best interests of the City and residents thereof. NOW, THEREFORE, BE IT RESOLVED BY THE City Council OF THE City of Dubuque, IOWA: Section 1. That this City Council does hereby institute proceedings and takes additional action for the authorization of a Loan and Disbursement Agreement by and between the City and the Iowa Finance Authority, and the issuance to the Iowa Finance Authority in the manner required by law of not to exceed $290,000 Sewer Revenue Capital Loan Notes for the foregoing purpose. Section 2. That the Clerk, with the assistance of bond counsel, is hereby authorized and directed to proceed with the preparation of such documents and proceedings as shall be necessary to authorize the City's participation in the SRF Loan Program, to select a suitable date for final City Council authorization of the required Loan and Disbursement Agreement and issuance of the Note to evidence the City's oblig ations thereunder, and to take such other actions as the Clerk shall deem necessary to permit the completion of a loan on a basis favorable to the City and acceptable to this Council. Passed and approved this 7th day of September, 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk RESOLUTION NO. 311-21 APPROVING AND AUTHORIZING A FORM OF INTERIM LOAN AND DISBURSEMENT AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE AND THE IOWA FINANCE AUTHORITY, AND AUTHORIZING AND PROVIDING FOR THE ISSUANCE AND SECURING THE PAYMENT OF $290,000 SEWER REVENUE CAPITAL LOAN NOTES ANTICIPATION PROJECT NOTE, SERIES 2021, OF THE CITY OF DUBUQUE, IOWA, UNDER THE PROVISIONS OF THE CODE OF IOWA, AND PROVIDING FOR A METHOD OF PAYMENT OF SAID NOTE Whereas, Issuer proposes to issue its Sewer Revenue Capital Loan Notes Anticipation Project Note, Series 2021, to the extent of $290,000, for the purpose of defraying the costs of the Project hereinafter described; and, it is deemed necessary and advisable and in the best interests of the City that a form of Interim Loan and Disbursement Agreement by and between the City and the Iowa Finance Authority be approved and authorized; and Whereas, the notice of intention of Issuer to take action for the issuance of not to exceed $290,000 Sewer Revenue Capital Loan Notes has heretofore been duly published and no objections to such proposed action have been filed. NOW, THEREFORE, BE IT RESOLVED BY THE City Council OF THE City of Dubuque, IN THE COUNTY 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: "Additional Project Notes" shall mean any project notes or other obligations issued on a parity with the Note in accordance with the provisions of Section 11 hereof; "Agreement" shall mean an Interim Loan and Disbursement Agreement dated as of the Closing between and among the City and the Original Purchaser, relating to the Interim Loan made to the City under the Program; "City Clerk" shall mean the City Clerk or such other officer of the successor Governing Body as shall be charged with substantially the same duties and responsibilities; "Closing" shall mean the date of delivery of the Note to the Original Purchaser and the funding of the Interim Loan; "Corporate Seal" shall mean the official seal of Issuer adopted by the Governing Body; "Fiscal Year" shall mean the twelve months' period beginning on July 1 of each year and ending on the last day of June of the following year, or any other consecutive twelve-month period adopted by the Governing Body or by law as the official accounting period of the System; provided, that the requirements of a fiscal year as expressed in this Resolution shall exclude any payment of principal or interest falling due on the first day of the fiscal year and include any payment of principal or interest falling due on the first day of the succeeding fiscal year; "Governing Body" shall mean the Council of the City, or its successor in function with respect to the operation and control of the System; "Interim Loan" shall mean the principal amount allocated by the Original Purchaser and loaned to the City under the Program, equal in amount to the principal amount of the Note; "Issuer" and "City" shall mean the City of Dubuque, Iowa; "Note" shall mean $290,000 Sewer Revenue Capital Loan Notes Anticipation Project Note, Series 2021, authorized to be issued by this Resolution; "Original Purchaser" shall mean the Iowa Finance Authority, as the purchaser of the Note from Issuer at the time of its original issuance; "Paying Agent" shall be the Director of Finance and Budget, or such successor as may be approved by Issuer as provided herein and who shall carry out the duties prescribed herein as Issuer's agent to provide for the payment of principal of and interest on the Notes as the same shall become due; "Permitted Investments" shall mean: direct obligations of (including obligations issued or held in book entry form on the books of) the Department of the Treasury of the United States of America; cash (insured at all times by the Federal Deposit Insurance Corporation or otherwise collateralized with obligations described in the above paragraph); obligations of any of the following federal agencies which obligations represent full faith and credit of the United States of America, including: - Export - Import Bank - Farm Credit System Financial Assistance Corporation - USDA - Rural Development - General Services Administration - U.S. Maritime Administration - Small Business Administration - Government National Mortgage Association (GNMA) - U.S. Department of Housing & Urban Development (PHA's) - Federal Housing Administration repurchase agreements whose underlying collateral cons ists of the investments set out above if the Issuer takes delivery of the collateral either directly or through an authorized custodian. Repurchase agreements do not include reverse repurchase agreements; senior debt obligations rated "AAA" by Standard & Poor's Corporation (S&P) or "Aaa" by Moody's Investors Service Inc. (Moody's) issued by the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation; U.S. dollar denominated deposit accounts, federal funds and banker's acceptances with domestic commercial banks which have a rating on their short- term certificates of deposit on the date of purchase of "A-1" or "A-1+" by S&P or "P- 1" by Moody's and maturing no more than 360 days after the date of purchase (ratings on holding companies are not considered as the rating of the bank); commercial paper which is rated at the time of purchase in the single highest classification, "A-1+" by S&P or "P-1" by Moody's and which matures not more than 270 days after the date of purchase; investments in a money market fund rated "AAAm" or "AAAm-G" or better by S&P; pre-refunded Municipal Obligations, defined as any bonds or other obligations of any state of the United States of America or of any agency, instrumentality or local governmental unit of any such state which are not callable at the option of the obligor prior to maturity or as to which irrevocable instructions have been given by the obligor to call on the date specified in the notice; and (a) which are rated, based on an irrevocable escrow account or fund (the "escrow"), in the highest rating category of S&P or Moody's or any successors thereto; or (b)(i) which are fully secured as to principal and interest and redemption premium, if any, by an escrow consisting only of cash or direct obligations of the Department of the Treasury of the United States of America, which escrow may be applied only to the payment of such principal of and interest and redemption premium, if any, on such bonds or other obligations on the maturity date or dates thereof or the specified redemption date or dates pursuant to such irrevocable instructions, as appropriate; and (ii) which escrow is sufficient, as verified by a nationally recognized independent certified public accountant, to pay principal of and interest and redemption premium, if any, on the bonds or other obligations described in this paragraph on the maturity date or dates specified in the irrevocable instructions referred to above, as appropriate; tax exempt bonds as defined and permitted by section 14 8 of the Internal Revenue Code and applicable regulations and only if rated within the two highest classifications as established by at least one of the standard rating services approved by the superintendent of banking by rule adopted pursuant to chapter 17A Code of Iowa; an investment contract rated within the two highest classifications as established by at least one of the standard rating services approved by the superintendent of banking by rule adopted pursuant to chapter 17A Code of Iowa; and Iowa Public Agency Investment Trust. "Program" shall mean the Iowa Water Pollution Control Works Financing Program undertaken by the Original Purchaser; "Project" shall mean the costs of acquisition, construction, recon struction, extending, remodeling, improving, repairing and equipping of the System, including the High Strength Waste Receiving & Storage Project; "Project Costs" shall mean all engineering fees, archeological surveys, environmental studies, and fees related to a project plan preparation and submission, and other expenses incidental thereto, and also including the costs of issuance of the Note. "Project Fund" shall mean the Project Fund established by Section 6 of this Resolution. "Registrar" shall be the Director of Finance and Budget, or such successor as may be approved by Issuer as provided herein and who shall carry out the duties prescribed herein with respect to maintaining a register of the owners of the Note. Unless otherwise specified, the Registrar shall also act as Transfer Agent for the Note; "System" shall mean the municipal sewer utility of the Issuer and all properties of every nature hereinafter owned by the Issuer comprising part of or used as a part of the System, including all wastewater treatment facilities, sanitary sewers, force mains, pumping stations and all related property and improvements and extensions made by Issuer while the Note remains outstanding; all real and personal property; and all appurtenances, contracts, leases, franchises and other intangibles; "Treasurer" shall mean the Director of Finance and Budget or such other officer as shall succeed to the same duties and responsibilities with respect to the recording and payment of the Note issued hereunder. Section 2. Authority. The Agreement and the Note authorized by this Resolution shall be issued pursuant to Section 76.13 of the Code of Iowa, and in compliance with all applicable provisions of the Constitution and laws of the State of Iowa. The Agre ement shall be substantially in the form attached to this Resolution and is authorized to be executed and issued on behalf of the Issuer by the Mayor and attested by the City Clerk. Section 3. Note Details, Execution, Redemption and Registration. a. Note Details. The Note shall be designated a Sewer Revenue Capital Loan Notes Anticipation Project Note, be dated the date of delivery, in the denomination of $1,000 or multiples thereof, and shall at the request of the Original Purchaser be initially issued as a single Note in the denomination of $290,000 and numbered R -1. The Note shall not bear interest (0%), and shall mature three years from issuance. The City Council hereby finds and determines that it is necessary and advisable to issue said Note pursuant to Section 76.13 of the Code of Iowa, as authorized by the Agreement and this Resolution. b. Execution. The Note shall be executed by the manual or facsimile signature of the Mayor and attested by the manual or facsimile signature of the Clerk, and impressed or imprinted with the seal of the City and shall be fully registered as to both principal and interest as provided in this Resolution; principal, interest and premium, if any, shall be payable at the office of the Paying Agent by mailing of a che ck, wire transfer or automated clearing house system transfer to the registered owner of the Note. c. Redemption. The Note may be called for redemption by the Issuer and paid before maturity on any date, from any funds regardless of source, in whole or from time to time in part, in order of maturity and within an annual maturity by lot. Notice of redemption shall be given by U.S. mail to the Original Purchaser (or any other registered owner of the Note). The terms of redemption shall be par, plus accrued interest to date of call. Failure to give such notice by mail to any registered owner or any defect therein shall not affect the validity of any proceedings for the redemption of the Note. The Note is also subject to mandatory redemption to the extent not fully drawn upon. d. Registration. The Note may be registered as to principal and interest on the books of the Note Registrar in the name of the holder and such registration noted on the Note after which no transfer shall be valid until the making of an entry upon the books kept for the registration and transfer of ownership of the Note, and in no other way. The Director of Finance and Budget is hereby appointed as Note Registrar under the terms of this Resolution. Registrar shall maintain the books of the Issuer for the registration of ownership of the Note for the payment of principal of and interest on the Note as provided in this Resolution. The Note shall be negotiable as provided in Article 8 of the Uniform Commercial Code subject to the provisions for registration and transfer contained in the Note and in this Resolution. The ownership of any Note may be transferred only upon the Registration Books kept for the registration and transfer of the Note and only upon surrender thereof at the office of the Registrar together with an assignment duly executed by the holder or his duly authorized attorney in fact in such form as shall be satisfactory to the Registrar, along with the address and social security number or federal employer identification number of such transferee (or, if registration is to be made in the name of multiple individuals, of all such transferees). In the event that the address of the registered owner of a Note (other than a registered owner which is the nominee of the broker or dealer in question) is that of a broker or dealer, there must be disclosed on the Registration Books the information pertaining to the registered owner required above. Upon the transfer of any such Note, a new fully registered Note, of any denomination or denominations permitted by this Resolution in aggregate principal amount equal to the unmatured and unredeemed principal amount of such transferred fully registered Note, and bearing interest at the same rate and maturing on the same date or dates shall be delivered by the Registrar. In all cases of the transfer of the Note, the Registrar shall register, at the earliest practicable time, on the Registration Books, the Note, in accordance with the provisions of this Resolution. As to any Note, the person in whose name the ownership of the same shall be registered on the Registration Books of the Registrar shall be deemed and regarded as the absolute owner thereof for all purposes, and payment of or on account of the principal of any such Note and the premium, if any, and interest thereon shall be made only to or upon the order of the registered owner thereof or his legal representative. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Note, including the interest thereon, to the extent of the sum or sums so paid. A Note which has been redeemed shall not be reissued but shall be cancelled by the Registrar. A Note which is 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 Note to the Issuer. In the event any payment check, wire, or electronic transfer of funds representing payment of principal of or interest on the Notes is returned to the Paying Agent or if any note is not presented for payment of principal at the maturity or redemption date, if funds sufficient to pay such principal of or interest on Notes shall have been made available to the Paying Agent for the benefit of the owner thereof, all liability of the Issuer to the owner thereof for such interest or payment of such Notes shall forthwith cease, terminate and be completely 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 Notes who shall thereafter be restricted exclusively to such funds for any claim of whatever nature on his part under this Resolution or on, or with respect to, such interest or Notes. The Paying Agent's obligation to hold such funds shall continue for a period equal to two years and six months following the date on which such interest or 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 Notes of whatever nature shall be made upon the Issuer. Section 4. Form of Note. The form of Note shall be substantially as [provided]. Section 5. Security for Note. The Note shall be payable solely from the Project Fund. To pay the principal on the Note when it becomes due, there is hereby created a pledge of the receipts anticipated in said Project Fund to continue until the payment in full of the principal on the Note. Section 6. Establishment of Project Fund. The Issuer hereby creates and establishes a Project Fund, into which Project Fund are hereby appropria ted the following: Proceeds of not to exceed $290,000 Sewer Revenue Capital Loan Notes, additional action on the issuance of which previously has been taken and approved by the City Council The funds so appropriated shall include in addition thereto all funds of the Issuer, including proceeds realized on the reinvestment of proceeds of the Note, from which the Issuer is or may become obligated to pay under contracts for the construction of the Project to the extent that proceeds of the Note are applied to the payment thereof. Section 7. Application of Project Fund. The proceeds of the sale of the Note shall be deposited in the Project Fund for application to payment of Project Costs and the costs of issuance of the Note or to pay the principal of the Note w hen due and for no other purpose. Disbursements for the payment of Project Costs shall be made by the City Clerk upon receipt of vouchers approved by the Governing Body. After completion of the Project, any moneys remaining in the Project Fund shall be held for the retirement of Note. When the Note is paid or payment is provided for, remaining moneys in the Project Fund may be withdrawn and used for any lawful purpose. Section 8. Investments. Moneys in the Project Fund shall at all times be invested, to the extent practicable in Permitted Investments maturing at such times and in such amounts as will make cash available for the purposes of such Project Fund as needed. Section 9. Covenants with Noteholders. Issuer covenants and agrees, so long as any Notes herein authorized remain unpaid, that it: a. Will proceed to complete with all practicable dispatch the construction and acquisition of the Project; b. Will not make or cause or permit to be made any application of the proceeds of the Note or of any moneys held in the Project Fund, except in accordance with the provisions of this Resolution; c. Will from time to time increase the amount of the appropriations to the Project Fund, to the extent necessary to assure that the expected receipts thereafter forthcoming, together with the funds appropriated and held in trust for the purpose, will be sufficient to pay when due the Note as to both principal and interest. d. Will obtain the collection of funds and the proceeds of the sale of sewer revenue capital loan notes anticipated to be received in the Project Fund and, if not paid from other sources, apply the same to the payment of the Note and interest thereon; and e. For the prompt and full performance of the terms and provisions of this Resolution and contract with the noteholders, the Issuer pledges its full faith and diligence and the exercise of its lawful powers. Section 10. Contract Between Issuer and Purchaser. This Resolution constitutes a contract between the Issuer and the purchaser of the Note. Section 11. Additional Notes. The Issuer may issue Additional Project Notes of equal standing and parity of lien with the Note for the purpose of paying Project Costs to the extent that funds appropriated to the Project Fund are adequate to pay all notes so issued and interest thereon. The holder or holders of the Notes shall have all other rights and remedies given by law for the payment and enforcement of the Notes and the security therefor. Section 12. Severability Clause. If any section, paragraph, clause or provision of this Resolution be held invalid, such invalidity shall not affect any of the remaining provisions hereof, and this Resolution shall become effective immediately upon its passage and approval. Section 13. Repeal of Conflicting Resolutions or Ordinances. All ordinances and resolutions and parts of ordinances and resolutions in conflict herewith are hereby repealed. Section 14. Paragraph Headings. The paragraph headings in this Resolution are furnished for convenience of reference only and shall not be considered to be a part of this Resolution. Section 15. Rule of Construction. This Resolution and the terms and conditions of the Notes authorized hereby shall be construed whenever possible so as not to conflict with the terms and conditions of the Interim Loan and Disbursement Agreement. In the event such construction is not possible, or in the event of any conflict or inconsistency between the terms hereof and those of the Interim Loan and Disbursement Agreement, the terms of the Interim Loan and Disbursement Agreement shall prevail and be given effect to the extent necessary to resolve any such conflict or inconsistency. Passed and approved this 7th day of September, 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 3. Sale of City-Owned Property at 654 Clarke Drive: Proof of publication on notice of public hearing to consider City Council approval of the Purchase Agreement and Special Warranty Deed for the sale of City-owned real property located at 654 Clarke Drive to Torrent Property Management LLC for the amount of $35,250, and City Manager recommended approval. Motion by Jones to receive and file the documents and adopt Resolution No. 312-21 Disposing of city interest in real property located at 654 Clarke Drive, in the City of Dubuque, Iowa. Seconded by Farber. Motion carried 7-0. RESOLUTION NO. 312-21 DISPOSING OF CITY INTEREST IN REAL PROPERTY LOCATED AT 654 CLARKE DRIVE, IN THE CITY OF DUBUQUE, IOWA Whereas, the City Council, by Resolution No.285-21, dated August 16, 2021, declared its intent to dispose of City interest in real property located at 654 Clarke Drive, legally described as: Lot 63 in Littleton & Sawyer’s Subdivision of Mineral Lot 194 the City of Dubuque, Iowa, according to the recorded plat thereof, (the Property); and Whereas, pursuant to published notice, a public hearing was held on the proposed disposition on September 7, 2021, at 6:30 p.m. in the Historic Federal Buildi ng, 350 W. 6th Street, Dubuque, Iowa; and Whereas, it is the determination of the City Council that approval of the purchase agreement for the sale to Torrent Property Management according to the terms and conditions set out in the purchase agreement is in the public interest of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA; Section 1. The purchase agreement by and between the City of Dubuque and Torrent Property Management for the sale of the Property, a copy attached hereto, is hereby approved. Section 2. The Mayor and City Clerk are hereby authorized and directed to execute a Special Warranty Deed, conveying the City’s interest in the Property to Torrent Property Management. Section 3. That the City Clerk is hereby authorized and directed to cause said Special Warranty Deed to be delivered to the City Attorney’s Office, together with a certified copy of the Resolution. Passed, approved, and adopted this 7th day of September 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk ACTION ITEMS 1. Fiscal Year 2022 Arts & Culture Creative Resiliency Grant Funding Recommendation: City Manager recommended City Council concurrence with the Arts & Cultural Affairs Advisory Commission recommendation for recipients and funding levels of the Fiscal Year 2022 Arts & Culture Creative Resiliency Grants. Motion by Cavanagh to receive and file the documents and approve the recommendation. Seconded by Jones. Motion carried 7-0. 2. Fiscal Year 2022 Dollars and Cents Video: Media Services showed a video highlighting information in the Fiscal Year 2022 Dollars and Cents public information brochure. Link to video: https://youtu.be/jcG1vR1KdOc. Motion by Jones to receive and file the documents and view the video. Seconded by Resnick. Motion carried 7 -0. COUNCIL MEMBER REPORTS Mayor Buol reported on attending the Rooted Table event hosted by Project Rooted on Sunday, September 5th. Mayor Buol stated that it was a great community event. Council Member Jones reported on the Public Safety Committee hosting an event on Saturday, September 11, at the Regional Emergency Responders Training Facility to commemorate the anniversary of September 11, 2001. Council Member Farber reported on recent activities of the Sister City Committee. Ms. Farber stated the committee is hosting a photo exhibit highlighting the city’s three sister cities from October 14 through October 16. Council Member Resnick reported on his recent visit to A.Y. McDonald and recen t citizen input he received thanking the city for their involvement in trying to resolve the sinkhole on Tiffany Court (Item Set for Public Hearing No. 2). Mr. Resnick also thanked city staff for displaying the new buses outside of the Historic Federal Bui lding prior to the City Council meeting. CLOSED SESSION Motion by Jones to convene in closed session at 8:04 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 9:03 p.m. stating that staff had been given proper direction. There being no further business, Mayor Buol declared the meeting adjourned at 9:04 p.m. /s/Adrienne N. Breitfelder, City Clerk