6 15 15 City Council Proceedings Official_Special and Regular
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
OFFICIAL
The Dubuque City Council met in special session at 5:15 p.m. on June 15, 2015 in
th
the Historic Federal Building, 350 W. 6 Street.
Present: Mayor Buol; Council Members Braig, Connors, Jones, Lynch, Resnick, Sut-
ton; City Manager Van Milligen, City Attorney Lindahl
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 Voluntary Compliance Agreement and
Analysis of Impediments Action Plan.
WORK SESSION
Voluntary Compliance Agreement and Analysis of Impediments Action Plan
Assistant City Attorney Crenna Brumwell, Human Rights Director Kelly Larson, Hous-
ing and Community Development Director Alvin Nash, and Community Development
Specialist Erica Haugen presented a slide presentation on the Voluntary Compliance
Agreement and Analysis of Impediments Action Plan. Topics included:
History/Background
HUD review and findings
o
Voluntary Compliance Agreement (VCA)
o
Analysis of Impediments
Amendments to Section 8 Administrative Plan
o
2015 Consolidated Plan
o
Consolidated Annual Performance and Evaluation Report (CAPER)
o
Annual Action Plan
o
2015 PHA 5-Year Plan
o
Employee Education & Training
o
Outreach Plan
o
Recordkeeping Requirements
o
Bi-Annual Status Reports
o
General Reporting
o
Implementation, Monitoring, and Enforcement
o
Effect of Noncompliance
o
Analysis of Impediments to Fair Housing Choice
Definition
o
Goals / Assessment
o
VCA Requirements
o
Accomplishments
o
Consistency with Consolidated Plan
Definition of Consolidated Planning
o
Community Development Process
o
HUD Data: Affordability; Household(s) Composition; Housing Units; Cost
o
Burden / by Race/Ethnicity; Availability for all Income Levels;
Next 5 Years
o
Action Plan/Looking Ahead
Action Plan Highlights: Comprehensive Housing Activities for Neighbor-
o
hood Growth & Enrichment (C.H.A.N.G.E)
Rebranding Section 8 Housing Choice Voucher Program
o
Development of Affordable Housing Units
o
Officer at Home (OATH)
o
Training Staff and Volunteers Going Forward
Partnerships Going Forward
Resources
The City Council had discussion with staff following the presentation.
There being no further business, upon motion the City Council adjourned at 6:08 p.m.
/s/Kevin S. Firnstahl, CMC
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 June 15, 2015 in
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the Historic Federal Building, 350 W. 6 Street.
Present: Mayor Buol; Council Members Braig Connors, Jones, Lynch, Resnick, Sut-
ton; City Manager Van Milligen, City Attorney Lindahl
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)
John Morrissey of 1000 Friends of Iowa, 2913 Oxford, Des Moines, presented the
City with the Best Development Award for the Green Alley Program / Bee Branch Creek
Restoration Project.
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and dis-
pose of as indicated. Seconded by Connors. Motion carried 7-0.
1. Minutes and Reports Submitted: Arts and Cultural Advisory Commission of 3/24,
4/28, 6/2; Cable TV Commission of 3/4; City Council Proceedings of 6/1; Historic
Preservation Commission of 5/12; Human Rights Commission of 5/11; Library Board of
Trustees of 4/23; Sister City Relationships Advisory Commission of 5/20; Zoning Board
of Adjustment of 5/28; Proof of Publication for City Council Proceedings of 5/18; Proof of
Publication for List of Claims and Summary of Revenues Month Ending April 30, 2015.
Upon motion the documents were received and filed.
2. Notice of Claims and Suits: Robert Monthey for vehicle damage, Cindy Oliver for
vehicle damage, and Madonna Parker for property damage. Upon motion the docu-
ments 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 As-
surance Pool: Robert Monthey for vehicle damage. Upon motion the documents were
received, filed and concurred.
4. Eagle Point Park Intensive Survey and Evaluation Consultant Selection: City Man-
ager recommending approval to contract with Wapsi Valley Archeology to conduct the
Eagle Point Park Intensive Survey and Evaluation and authorize the City Manager to
negotiate a contract. Upon motion the documents were received, filed and approved.
5. Request for Release of Funds Fiscal Year 2016 CDBG Annual Action Plan: City
Manager recommending approval of the Request for Release of Funds for the proposed
projects approved in the Fiscal Year 2016 (Program Year 2015) Annual Action Plan for
Community Development Block Grant activities. Upon motion the documents were re-
ceived and filed and Resolution No. 199-15 Authorizing request for release of Commu-
nity Development Block Grant Funds for Fiscal Year 2016 (Program Year 2015) was
adopted.
RESOLUTION NO. 199-15
AUTHORIZING REQUEST FOR RELEASE OF COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDS FOR FISCAL YEAR 2016 (PROGRAM YEAR 2015)
Whereas, the City of Dubuque will enter into a Community Development Block Grant
Agreement for the Fiscal Year commencing July 1, 2015, with the U.S. Department of
Housing and Urban Development, providing for financial assistance to the City under
Title I of the Housing and Community Development Act of 1974, as amended; and
Whereas, pursuant to the rules and regulations as promulgated by the U.S. Depart-
ment of Housing and Urban Development, an environmental review has been pro-
cessed for the hereinafter listed projects to be financed with Community Development
Block Grant funds; and
Whereas, a Notice of Intent to Request Release of Funds for said grants has been
published on June 1, 2015 to commence the required seven (7) day public comment
period; and
Whereas, any and all comments received as a result of such notice will be duly con-
sidered before proceeding with a Request for Release of Funds and Certification, and
Whereas, a Request for Release of Funds and Certification must be sent to the U.S.
Department of Housing and Urban Development at the conclusion of the comment peri-
od.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Mayor of the City of Dubuque is hereby authorized and directed
to execute a Request for Release of Funds and Certification for the following identified
Community Development Block Grant projects on or about June 15, 2015 and submit to
the U.S. Department of Housing and Urban Development.
Community Development Block Grant Annual Plan Projects
Fiscal Year 2016 (Program Year 2015)
Housing Programs: First Time Home Buyer Program; Homeowner Rehabilitation
(Home Repair; Residential Rehabilitation Loan Program); Housing Administration Ser-
vices and Staff; Housing Code Enforcement; Housing Rehabilitation Services and Staff;
Lead Hazard Control Program; Rental Unit Rehabilitation (Emergency Code Enforce-
ment Loan Program; Rental Rehab Loan Program; Accessibility Rehab) Economic De-
velopment Programs: Commercial Industrial Building Rehab Loan program; Economic
Development Financial Assistance Program; Microenterprise Assistance Program.
Neighborhood and Community Development Programs: Accessible Curb Ramps; In-
formation and Referral Services; Neighborhood Development Services and Staff;
Neighborhood Infrastructure Improvements (Neighborhood Street Overlays; Neighbor-
hood Sidewalk Program; Neighborhood Step/Wall Repair); Neighborhood Recreation
Program; Neighborhood Support Grants; Purchase of Services; Four Mounds HEART
Program; Senior Center; Washington Tool Library; Zoning Inspection/ Enforcement
Planning and Administration: CDBG Administration Services and Staff.
No funds will be committed prior to completion of a review for other related laws of 24
CFR 58.5, including Section 106, if required, for site-specific projects that are currently
unidentified.
Section 2. That the Mayor of the City of Dubuque is hereby authorized to consent to
assume the status of a responsible federal official under the National Environmental
Protection Act, insofar as the provisions of the said Act apply to the U.S. Department of
Housing and Urban Development responsibilities for review, decision making, and ac-
tion assumed and carried out by the City of Dubuque as to environmental issues.
Section 3. That the Mayor of the City of Dubuque is hereby authorized to consent
personally, in his official capacity and on behalf of the City of Dubuque, to accept the
jurisdiction of the federal courts if an action is brought to enforce responsibilities in rela-
tion to environmental review, decision-making and action.
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Passed, approved and adopted this 15 day of June, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
6. Project Concern - Special Needs Assistance Program: City Manager recommend-
ing approval of the Purchase of Services Grant Agreement with Project Concern to as-
sist with services provided to applicants and residents of Phoenix Housing, a Special
Needs Assistance Program (SNAP). Upon motion the documents were received, filed
and approved.
7. Purchase of Property - Graf Farm: City Attorney recommending acceptance of the
Deed to property owned by Doris A. Graf for the purchase of agricultural property relat-
ed to the expansion of the Industrial Center Economic Development District. Upon mo-
tion the documents were received and filed and Resolution No. 200-15 Accepting the
Deed to certain real estate in Dubuque County, Iowa, from Doris A. Graf was adopted.
RESOLUTION NO. 200-15
ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IO-
WA FROM DORIS A. GRAF
Whereas, the City of Dubuque, Iowa entered into a Purchase Agreement on April 7,
2015, with Doris A. Graf for the purchase of certain real property in Dubuque County,
Iowa legally described as follows:
Lot one (1) of Graf Farm Subdivision #2, Dubuque County, Iowa, according to
the recorded plat thereof;
Lot 1 of Lot 1 of Lot 1 of Lot 1 of West One-half of Northeast One-quarter, Sec-
tion 25, Township 89 North , Range 1 East of the 5th Principal Meridian, in Center
Township , Dubuque County , Iowa;
Lot 2 in “W.A. Norman Place" in Section 25, Center Township, Dubuque Coun-
ty, Iowa, according to the plat thereof; and
The NW 1/4 of the SE 1/4 of Section 25, Township 89 North, Range 1 East of
the 5th P.M., in Center Township, Dubuque County, Iowa and;
Whereas, the terms of the Agreement have been fulfilled.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council hereby accepts the Deed from Doris A. Graf, attached
hereto.
Section 2. The City Clerk is hereby authorized and directed to record this Resolution
and the Deed with the Dubuque County Recorder.
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Passed, approved and adopted this 15 day of June, 2015
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
8. Revised Plat of Easement - Lot 38 of Timber-Hyrst Estates No. 4 Sanitary Sewer
and Storm Drainage: City Manager recommending approval of the Plat of Easement for
Sanitary Sewer and Storm Drainage over Lot 38 of Timber-Hyrst Estates No. 4 that ac-
commodates the revised alignment for the public sanitary sewer. Upon motion the doc-
uments were received and filed and Resolution No. 201-15 Approving the Plat of Ease-
ment for Sanitary Sewer and Storm Drainage on Lot 38 of Timber-Hyrst Estate No. 4 in
the City of Dubuque, Iowa, was adopted.
RESOLUTION NO. 201-15
APPROVING THE PLAT OF EASEMENT FOR SANITARY SEWER AND STORM
DRAINAGE ON LOT 38 OF TIMBER-HYRST ESTATES NO. 4 IN THE CITY OF
DUBUQUE, IOWA
Whereas, there has been presented to the City Council of the City of Dubuque, Iowa,
a Plat of Easement dated May 22, 2015 prepared by Buesing and Associates Inc. revis-
ing the location of certain sanitary sewer and storm drainage easement across Lot 38 of
Timber-Hyrst Estates No. 4 in the City of Dubuque, Iowa; and
Whereas, said plat conforms to the laws and statutes pertaining thereto; and
Whereas, upon said plat appears easements for sanitary sewer and storm drainage,
which North Cascade Road Developers, LLC, by said plat have dedicated to the public
forever; and
Whereas, the dedication of said easements is necessary for the accommodation of
the relocated sanitary sewer alignment across said Lot 38.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the plat of easement dated May 22, 2015 prepared by Buesing and
Associates Inc., relative to the real estate hereinabove described be and the same is
hereby approved, and the Mayor and City Clerk be and they are hereby authorized and
directed to execute said plat and on behalf of the City of Dubuque, Iowa.
Section 2. That the dedication of said sanitary sewer and storm drainage easements
on Lot 38 of Timber-Hyrst Estates No. 4 in the City of Dubuque as they appear on said
plat of easement, be and the same are hereby accepted.
Section 3. That the City Clerk be and is hereby authorized and directed to file said
plat and certified copy of this resolution in the office of the Recorder, in and for Dubuque
County, Iowa.
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Passed, approved and adopted this 15 day of June, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
9. Septage Hauler Fee Change: City Manager recommending adoption of a resolu-
tion to update the rate structure for hauled septage from private sources. Upon motion
the documents were received and filed and Resolution No. 202-15 Establishing a
schedule for rates for the disposal of private waste (septic, carwash) as provided for in
Title 13 of the City of Dubuque Code of Ordinance, Public Utilities was adopted.
RESOLUTION NO. 202-15
ESTABLISHING A SCHEDULE OF RATES FOR THE DISPOSAL OF PRIVATE
WASTE (SEPTIC, CAR WASH) AS PROVIDED FOR IN TITLE 13 OF THE CITY OF
DUBUQUE CODE OF ORDINANCES, PUBLIC UTILITIES
Whereas, the City Council of the City of Dubuque, Iowa establishes certain rates for
the disposal of private wastes (septic, car wash) pursuant to the schedule of rates be-
low:
Water & Resource Recovery Center - Private Waste Disposal Rate Schedule
Within City of Dubuque Limits $ 0.060 per gallon
Out of City of Dubuque Limits $ 0.090 per gallon
Car Wash Out of City of Dubuque Limits $ 0.090 per gallon
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the given rate schedule shall take effect on July 1, 2015.
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Passed, approved and adopted this 15 day of June, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
10. Environmental Review for Opening Doors - Supportive Services: City Manager
recommending authorization for the Mayor to sign the Environmental Review Determi-
nation for Opening Doors-Support Services certifying the activity is Categorically Ex-
cluded from the National Environmental Policy Act of 1969. Upon motion the documents
were received, filed and approved.
11. Environmental Review for Operation Empower/Manasseh House - Supportive
Services: City Manager recommending authorization for the Mayor to sign the Environ-
mental Review Determination for Operation Empower/Manasseh House-Support Ser-
vices certifying the activity is Categorically Excluded from the National Environmental
Policy Act of 1969. Upon motion the documents were received, filed and approved.
12. College Partnership Contracts: City Manager recommending approval of the con-
tracts for College/University Transit Partnership with Clarke University, Loras College
and University of Dubuque for the 2015-2016 school year. Upon motion the documents
were received, filed and approved.
13. 2016-2018 Tow Contract Recommendation: City Manager recommending award
of the Fiscal Years 2016-2018 City of Dubuque Tow Contract to Wenzel Towing. Upon
motion the documents were received, filed and approved.
14. 2014 Asphalt Overlay Project Curb Access Ramp Phase Three Project Ac-
ceptance: City Manager recommending acceptance of the construction contract for the
Asphalt Overlay Project – Curb Ramps Phase Three, as completed by Midwest Con-
crete, Inc. Upon motion the documents were received and filed and Resolution No. 203-
15 Accepting the 2015 Asphalt Overlay Project Curb Access Ramp Phase Three and
authorizing the payment of the contract amount to the contractor was adopted.
RESOLUTION NO. 203-15
ACCEPTING THE 2014 ASPHALT OVERLAY PROJECT CURB ACCESS RAMPS
PHASE THREE AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT
TO THE CONTRACTOR
Whereas, the Public Improvement Contract for the 2014 Asphalt Overlay Project
Curb Access Ramps Phase Three (the Project) has been completed and the City Engi-
neer has examined the work and filed a certificate stating that the Project has been
completed according to the terms of the Public Improvement Contract and that the City
Engineer recommends that the Project be accepted; and.
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 from the
2014 Asphalt Overlay Project Curb Access Ramps appropriations for the contract
amount of $50,782.32, less any retained percentage provided for therein as provided in
Iowa Code chapter 573, and to pay such retainage only in accordance with the provi-
sions of Iowa Code chapter 573.
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Passed, approved and adopted this 15 day of June, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
15. 2015 Justice Assistance Grant (JAG) Application: City Manager recommending
approval to submit the 2015 Justice Assistance Grant (JAG) Application. Upon motion
the documents were received, filed and approved.
16. 2013 City Council Official Proceedings: City Clerk submitting the Official City
Council Proceedings for 2013. Upon motion the document was received and filed.
17. Cottingham & Butler Insurance Services, Inc. - High Quality Jobs Contract: City
Manager recommending approval of Contract 15-DF-034 by and among Cottingham &
Butler, Inc., the City of Dubuque, and Iowa Economic Development Authority for expan-
sion of its operations in Dubuque. Upon motion the documents were received and filed
and Resolution No. 204-15 Authorizing the execution of a contract for State Business
Financial Assistance by and among Cottingham & Butler Insurance Services, Inc., the
City of Dubuque, Iowa, and the Iowa Economic Development Authority was adopted.
RESOLUTION NO. 204-15
AUTHORIZING THE EXECUTION OF A CONTRACT FOR STATE BUSINESS FI-
NANCIAL ASSISTANCE BY AND AMONG COTTINGHAM & BUTLER INSURANCE
SERVICES, INC., THE CITY OF DUBUQUE, IOWA, AND THE IOWA ECONOMIC
DEVELOPMENT AUTHORITY
Whereas, Cottingham & Butler Insurance Services, Inc. has proposed making a One
Million Two Hundred Thousand Dollar ($1,200,000.00) investment in tenant improve-
ments to a ten thousand square foot (10,000 sq. ft.) office facility at 1000 & 1030 Main
Street in the City of Dubuque, Iowa which will allow the creation of ninety (90) full-time
jobs in the City; and
Whereas, the City Council of the City of Dubuque, Iowa has considered the proposal
and has determined that the proposed project will contribute to the local economy; and
Whereas, financial assistance from the Iowa Economic Development Authority is de-
signed to assist in the economic development efforts of local jurisdictions; and
Whereas, the Iowa Economic Development Authority has requested execution of an
Economic Development Assistance Contract in order to finalize incentives and docu-
ment associated terms for the tenant improvements of Cottingham & Butler Insurance
Services, Inc.’s proposed project at 1000 & 1030 Main Street in the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the execution of the Economic Development Assistance Contract for
participation in the Iowa Economic Development Authority’s Financial Assistance Pro-
gram on behalf of Cottingham & Butler Insurance Services, Inc., a copy of which is at-
tached hereto, is hereby approved.
Section 2. That the Mayor is hereby authorized to execute and the City Manager is
hereby directed to submit the Economic Development Assistance Contract to the Iowa
Economic Development Authority together with such other documents as may be re-
quired.
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Passed, approved, and adopted this 15 day of June, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
18. Hirschbach Motor Lines, Inc. Contract: City Manager recommending approval of
Contract 15-DF/TC-017 by and among Hirschbach Motor Lines, Inc., the City of Dubu-
que, and Iowa Economic Development Authority for the proposed new headquarters of-
fice facility in Dubuque. Upon motion the documents were received and filed and Reso-
lution No. 205-15 Authorizing the execution of a contract for State Business Financial
Assistance by and among Hirschbach Motor Lines, Inc., the City of Dubuque, Iowa, and
the Iowa Economic Development Authority was adopted.
RESOLUTION NO. 205-15
AUTHORIZING THE EXECUTION OF A CONTRACT FOR STATE BUSINESS FI-
NANCIAL ASSISTANCE BY AND AMONG HIRSCHBACH MOTOR LINES, INC., THE
CITY OF DUBUQUE, IOWA, AND THE IOWA ECONOMIC DEVELOPMENT AU-
THORITY
Whereas, Hirschbach Motor Lines, Inc. has proposed making a Seven Million Seven
Hundred Thousand Dollar ($7,700,000.00) investment for the redevelopment of a forty-
five thousand square foot (45,000 sq. ft.) office facility in the City of Dubuque, Iowa
which will allow Hirschbach Motor Lines, Inc. to bring 99 jobs to the city; and
Whereas, the City Council of the City of Dubuque, Iowa has considered the proposal
and has determined that the proposed project will contribute to the local economy; and
Whereas, financial assistance from the Iowa Economic Development Authority is de-
signed to assist in the economic development efforts of local jurisdictions; and
Whereas, the Iowa Economic Development Authority has requested execution of an
Economic Development Assistance Contract in order to finalize incentives and docu-
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ment associated terms for the redevelopment of 22 East 9 Street for the offices of
Hirschbach Motor Lines, Inc.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the execution of the Economic Development Assistance Contract for
participation in the Iowa Economic Development Authority’s Financial Assistance Pro-
gram on behalf of Hirschbach Motor Lines, Inc., a copy of which is attached hereto, is
hereby approved.
Section 2. That a ten (10) year tax increment financing (TIF) local match identified in
the Application may be provided to Hirschbach Motor Lines, Inc., subject to further ac-
tion by the City Council.
Section 3. That the Mayor is hereby authorized to execute and the City Manager is
hereby directed to submit the Economic Development Assistance Contract to the Iowa
Economic Development Authority together with such other documents as may be re-
quired.
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Passed, approved, and adopted this 15 day of June, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
19. Collective Bargaining Agreement - Dubuque Police Protective Association: City
Manager transmitting information on the arbitration award for the Dubuque Police Pro-
tective Association Collective Bargaining Agreement. Upon motion the documents were
received and filed.
20. Dubuque West Hospitality, LLC Storm Water Facilities Fee Agreement Assign-
ment: City Manager recommending approval of the Assignment of Storm Water Facili-
ties Fee Agreement assigning Dubuque West Hospitality, LLC’s interest in Lot 2 of Hol-
liday 4th Addition to the purchaser of that property, AHIP IA Dubuque Properties LLC.
Upon motion the documents were received, filed and approved.
21. Crescent Community Health Center Contracted Services Agreement: City Man-
ager recommending execution of a Contracted Services Agreement with Crescent
Community Health Center for Fiscal Year 2016. Upon motion the documents were re-
ceived, filed and approved.
22. Dubuque Area Convention and Visitors Bureau Contracted Services Agreement:
City Manager recommending execution a Contracted Services Agreement with the
Dubuque Area Convention and Visitors Bureau for Fiscal Year 2016. Upon motion the
documents were received, filed and approved.
23. Dubuque Area Labor Management Council Contracted Services Agreement: City
Manager recommending execution of a Contracted Services Agreement with the Dubu-
que Area Labor-Management Council for Fiscal Year 2016. Upon motion the documents
were received, filed and approved.
24. Dubuque Main Street Contracted Services Agreement: City Manager recom-
mending execution of a Contracted Services Agreement with Dubuque Main Street for
Fiscal Year 2016. Upon motion the documents were received, filed and approved.
25. DuRide Contracted Services Agreement: City Manager is recommending execu-
tion a Contracted Services Agreement with DuRide for Fiscal Year 2016. Upon motion
the documents were received, filed and approved.
26. Every Child | Every Promise Contracted Services Agreement: City Manager is
recommending execution of a Contracted Services Agreement with Every Child | Every
Promise for Fiscal Year 2016. Upon motion the documents were received, filed and ap-
proved.
27. Greater Dubuque Development Corporation Contracted Services Agreement: City
Manager recommending execution of a Contracted Services Agreement with the Great-
er Dubuque Development Corporation for support of their economic development ser-
vices for Fiscal Year 2016. Upon motion the documents were received, filed and ap-
proved.
28. Hills and Dales Senior Center Contract Services Agreement: City Manager rec-
ommending execution of a Contracted Services Agreement with Hills and Dales Senior
Center for Fiscal Year 2016. Upon motion the documents were received, filed and ap-
proved.
29. Inclusive Dubuque Contracted Services Agreement: City Manager recommending
execution of a Contracted Services Agreement with Inclusive Dubuque for Fiscal Year
2016. Upon motion the documents were received, filed and approved.
30. Operation New View Contracted Services Agreement: City Manager execution of
a Contracted Services Agreement with Operation: New View for Fiscal Year 2016. Upon
motion the documents were received, filed and approved.
31. Project HOPE Contracted Services Agreement: City Manager recommending ex-
ecution of a Contracted Services Agreement with Project HOPE for Fiscal Year 2016.
Upon motion the documents were received, filed and approved.
32. Washington Tool Library Contracted Services Agreement: City Manager recom-
mending execution of a Contracted Services Agreement with the Washington Neighbor-
hood Tool Library for Fiscal Year 2016. Upon motion the documents were received, filed
and approved.
33. Improvement Contracts / Performance, Payment and Maintenance Bonds: Mid-
west Concrete, Inc., for the 2015 Asphalt Overlay Access Ramp Project Two; Miller
Trucking and Excavating, Inc., for the Airport Utility Extension Project. Upon motion the
documents were received, filed and approved.
34. Business License Refunds: Request for liquor license refunds from The Yardarm,
Inc., License No. LC0024986 located at 1201 Shiras Ave. Ext.; and Eronel, LLC License
No. LC0039730 located at 285 Main St. Upon motion the documents were received,
filed and approved.
35. Alcohol and Tobacco License Applications: City Manager recommending approv-
al of annual liquor, beer, wine and tobacco license applications as submitted. Upon mo-
tion the documents were received and filed and Resolution No. 206-15 Approving appli-
cations 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. 207-15 Approving
applications for retail cigarette/tobacco sales permits, as required by Iowa Code
453A.47A were adopted.
RESOLUTION NO. 206-15
APPROVING APPLICATIONS FOR BEER, LIQUOR, AND/OR WINE PERMITS, AS
REQUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS
AND LICENSE REGULATIONS, CHAPTER 2 LIQUOR CONTROL, ARTICLE B LIQ-
UOR, BEER AND WINE LICENSES AND PERMITS
Whereas, applications for Beer, Liquor, and or Wine Permits have been submitted
and filed with the City Council for approval and the same have been examined and ap-
proved; 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:
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
Adobo's Mexican Grill 756 Main St Class C Liquor (Outdoor)
American Legion Post #6 1306 Delhi St Class C Liquor (Catering) (Out-
door) (Sunday)
Colts Community Center 1101 Central Ave Class C Liquor
Creslanes Bowling 255 South Main St Class C Liquor (Sunday)
Diamond Jo Casino 301 Bell Street Class C Liquor, Class B Wine
(Outdoor) (Sunday)
Fischer Lanes 880 Locust St Class C Liquor (Sunday)
Five Flags Center 405 Main St. Class C Liquor (Catering (Sunday)
Hartig Drug Company #2 157 Locust St. Class E Liquor, Class B Wine,
Class C Beer (Sunday)
Jubeck New World Brewing 115 W 11th St. Class B Beer (Outdoor)
Kwik Star #495 2685 Dodge St. Class C Beer, Class B Native Wine
(Sunday)
Los Aztecas III Mexican 2345 NW Arterial Class C Liquor (Outdoor) (Sunday)
Rest.
Mason Dixon Saloon 163 Main St Class C Liquor (Sunday)
Paul's Tavern 176 Locust Class C Liquor (Sunday)
Rotary Club of Dubuque 135 W. 8th St. Class C Liquor (Sunday)
The Bait Shack 2095 Kerper Blvd Class B Beer (Sunday)
New
Voices 275 East 10 th St. Class C Liquor (Outdoor) (Sunday)
Special Events
Rotary Club of Dubuque 6-18 Port of Dubuque Class C Liquor (Sunday)
The Lift 6-27 180 Main St Adding Outdoor
Shenanigans 6-26 3203 Jackson Class B Beer (Outdoor)
Passed, approved and adopted this 15th day of June, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 207-15
APPROVING APPLICATIONS FOR RETAIL CIGARETTE / TOBACCO SALES PER-
MITS, 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:
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.
Aragon Tap 1103 Iowa St.
Big 10 Mart #10 1875 JFK Rd.
Big 10 Mart #13 2100 JFK Rd.
Hartig Drug #2 157 Locust St.
Hartig Drug #3 2255 JFK Rd.
Hartig Drug #4 2225 Central Ave.
Hartig Drug #8 1600 University Ave.
Oky Doky #1 250 West 1st St.
Sam's Club #4973 4400 Asbury Rd.
Sid's Beverage Store Inc. 2727 Dodge St.
Wal-Mart Supercenter # 2004 4200 Dodge St.
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Passed, approved and adopted this 15 day of June, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
ITEMS SET FOR PUBLIC HEARING
Motion by Lynch to receive and file the documents, adopt the resolutions, set the
public hearings as indicated, and direct the City Clerk to publish notice as prescribed by
law. Seconded by Braig. Motion carried 7-0.
1. Vacating Petition for the Alley Between Main Street and Salina Street: City Man-
ager recommending approval of the requests by CW Wolff, LLC (SELCO) and Crescent
Realty Corporation (Crescent Electric) to vacate a 20-foot wide alley between Main
Street and Salina Street which abuts the SELCO property at 15 S. Main Street and the
Crescent Electric property at the intersection of S. Main St. and Charter St. and further
recommends that a public hearing be set for July 6, 2015, on the disposal of this proper-
ty. Upon motion the documents were received and filed and Resolution No. 208-15 Ap-
proving Plat of proposed vacated alley between Main Street and Salina Street of Block
13 in Dubuque Harbor Company's Addition, in the City of Dubuque, Iowa; Resolution
No. 209-15 Resolution of Intent to vacate and dispose of City interest in the alley be-
tween Main Street and Salina Street of Block 13 in Dubuque Harbor Company's Addi-
tion, to be known as Lot 7A of Block 13 in Dubuque Harbor Company's Addition, in the
City of Dubuque, Iowa, and Resolution No. 210-15 Resolution of Intent to vacate and
dispose of City interest in the alley between Main Street and Salina Street of Block 13 in
Dubuque Harbor Company's Addition, to be known as Lot 6A of Block 13 in Dubuque
Harbor Company's Addition, in the City of Dubuque, Iowa, were adopted setting a public
hearing for a meeting to commence at 6:30 p.m. on July 6, 2015 in the Historic Federal
Building.
RESOLUTION NO. 208-15
APPROVING PLAT OF PROPOSED VACATED ALLEY BETWEEN MAIN STREET
AND SALINA STREET OF BLOCK 13 IN DUBUQUE HARBOR COMPANY’S ADDI-
TION, IN THE CITY OF DUBUQUE, IOWA
Whereas, there has been presented to the City Council of the City of Dubuque, Iowa,
a plat dated June 5, 2015 prepared by WHKS & Co., describing the proposed vacated
20 foot wide alley between Main Street and Salina Street in Block 13 of Dubuque Har-
bor Company’s Addition, in the City of Dubuque, Iowa, to be known as Lot 6A and Lot
7A of Block 13 in Dubuque Harbor Company’s Addition, in the City of Dubuque, Iowa;
and
Whereas, said plat conforms to the laws and statutes pertaining thereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the plat dated June 5, 2015 prepared by WHKS & Co., relative to the
real estate hereinabove described be and the same is hereby approved, and the Mayor
and City Clerk be and they are hereby authorized and directed to execute said plat for
and on behalf of the City of Dubuque, Iowa.
Section 2. That the City Clerk be and is hereby authorized and directed to file said
plat and certified copy of this resolution in the office of the Recorder in and for Dubuque
County, Iowa.
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Passed, approved and adopted this 15 day of June, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 209-15
RESOLUTION OF INTENT TO VACATE AND DISPOSE OF CITY INTEREST IN THE
ALLEY BETWEEN MAIN STREET AND SALINA STREET OF BLOCK 13 IN DUBU-
QUE HARBOR COMPANY’S ADDITION, TO BE KNOWN AS LOT 7A OF BLOCK 13
IN DUBUQUE HARBOR COMPANY’S ADDITION, IN THE CITY OF DUBUQUE, IO-
WA
Whereas, CW Wolff, LLC has requested the vacating and disposal of the alley be-
tween Main Street and Salina Street in Block 13 of Dubuque Harbor Company’s Addi-
tion; and
Whereas, WHKS & Co. has prepared and submitted to the City Council a plat show-
ing the proposed vacated 20 foot wide alley between Main and Salina Street in Block 13
of Dubuque Harbor Company’s Addition, in the City of Dubuque, Iowa and assigned lot
numbers thereto, which hereinafter shall be known and described as Lot 6A and Lot 7A
of Block 13 in Dubuque Harbor Company’s Addition, in the City of Dubuque, Iowa.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque intends to vacate and dispose of its interest in
Lot 7A of Block 13 in Dubuque Harbor Company’s Addition, in the City of Dubuque, Io-
wa.
Section 2. That the conveyance of Lot 7A of Block 13 in Dubuque Harbor Company’s
Addition, in the City of Dubuque, Iowa to CW Wolff LLC be contingent upon the pay-
ment in the amount of $22,000, subject to the conditions of an Offer To Buy Real Estate
and Acceptance Agreement between the City and CW Wolff LLC, plus $100 for platting,
publication, and filing fees.
Section 3. That the City Clerk be and is hereby authorized and directed to cause a
notice of intent to vacate and dispose of said real estate to be published in the manner
as prescribed by law.
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Passed, approved and adopted this 15 day of June, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 210-15
RESOLUTION OF INTENT TO VACATE AND DISPOSE OF CITY INTEREST IN THE
ALLEY BETWEEN MAIN STREET AND SALINA STREET OF BLOCK 13 IN DUBU-
QUE HARBOR COMPANY’S ADDITION, TO BE KNOWN AS LOT 6A OF BLOCK 13
IN DUBUQUE HARBOR COMPANY’S ADDITION, IN THE CITY OF DUBUQUE, IO-
WA
Whereas, Crescent Realty Corporation has requested the vacating and disposal of
the alley between Main Street and Salina Street in Block 13 of Dubuque Harbor Com-
pany’s Addition; and
Whereas, WHKS & Co. has prepared and submitted to the City Council a plat show-
ing the proposed vacated 20 foot wide alley between Main and Salina Street in Block 13
of Dubuque Harbor Company’s Addition, in the City of Dubuque, Iowa and assigned lot
numbers thereto, which hereinafter shall be known and described as Lot 6A and Lot7A
of Block 13 in Dubuque Harbor Company’s Addition, in the City of Dubuque, Iowa.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque intends to vacate and dispose of its interest in
Lot 6A of Block 13 in Dubuque Harbor Company’s Addition, in the City of Dubuque, Io-
wa.
Section 2. That the conveyance of Lot 6A of Block 13 in Dubuque Harbor Company’s
Addition, in the City of Dubuque, Iowa to Crescent Realty Corporation be contingent up-
on the payment of $5,200, plus $100 for publication and filing fees.
Section 3. That the City Clerk be and is hereby authorized and directed to cause a
notice of intent to vacate and dispose of said real estate to be published in the manner
as prescribed by law.
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Passed, approved and adopted this 15 day of June, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
2. 2015 Bridge Repairs and Maintenance Project: City Manager recommending initia-
tion of the public bidding process for the 2015 Bridge Repairs and Maintenance Project,
and further recommends that a public hearing be set for July 6, 2015. Upon motion the
documents were received and filed and Resolution No. 211-15 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 adver-
tisement of bids was adopted setting a public hearing for a meeting to commence at
6:30 p.m. on July 6, 2015 in the Historic Federal Building.
RESOLUTION NO. 211-15
2015 BRIDGE REPAIRS AND MAINTENANCE PROJECT
PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT,
AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPEC-
IFICATIONS, 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 2015
Bridge Repairs and Maintenance Project in the estimated amount $403,535.00, are
hereby preliminarily approved and ordered filed in the office of the City Clerk for public
inspection.
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A public hearing will be held on the 6 day of July, 2015 at 6:30 p.m. in the Historic
Federal Building Council Chambers at which time interested persons may appear and
be heard for or against the proposed plans and specifications, form of contract and es-
timated 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 2015 Bridge Repairs and Maintenance Project is hereby ordered to be adver-
tised 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 Clerk is hereby directed to advertise for bids for the construction of the im-
provements herein provided, by publishing the attached Notice to Bidders to be pub-
lished in a newspaper having general circulation in the City of Dubuque, Iowa, which
notice shall be published not less than four but not more than forty-five days before the
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date for filing bids before 2:00 p.m. on the 9 day of July, 2015. Bids shall be opened
and read by the City Clerk at said time and will be submitted to the City Council for final
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action at 6:30 p.m. on the 20 day of July, 2015, in the Historic Federal Building Council
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Chambers (second floor), 350 West 6 Street, Dubuque, Iowa.
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Passed, adopted and approved this 15 day of June, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
BOARDS/COMMISSIONS
1. Arts and Cultural Affairs Advisory Commission: Three, 3-year terms through June
30, 2018 (Expired terms of Henkels - Business Professional In the Cultural and Enter-
tainment District; Siegert - Business Professional Out of the Cultural and Entertainment
District and Steffen – At Large). Applicants: Bibi Burke, 1155 Arrowhead Dr. (Qualifies
for At-Large); Jean-Michel Choquet, 1584 White St. (Qualifies for Business Professional
out of the Cultural and Entertainment District or At-Large); Ellen Henkels, 890 W. 3rd St
(Qualifies for Business Professional in the Cultural and Entertainment District or At-
Large); Gina Siegert, 405 Southern Ave. (Qualifies for Business Professional out of the
Cultural and Entertainment District or At-Large).
Upon roll-call vote Henkels - 4 (Lynch, Connors, Sutton, Resnick); Burke -3; (Jones,
Buol, Braig); Choquet and Siegert - 0. Ellen Henkels was appointed to the 3-year At-
Large term through June 30, 2018.
Upon roll-call vote Siegert - 5 (Lynch, Jones, Buol, Connors, Sutton); Choquet - 2
(Braig, Resnick); Burke - 0, Gina Siegert was appointed to the 3-year Business Profes-
sional Outside the Cultural and Entertainment District term through June 30, 2018. No
appointment was made to the Business Professional Within the Cultural and Entertain-
ment District.
2. Cable TV Commission: Three, 3-year terms through July 1, 2018 (Expired terms of
McMullen, Tigges, and Vincent). Applicants: Kathleen McMullen, 1308 Curtis St.; Jen-
nifer Tigges, 4927 Wild Flower Dr.; Alan Vincent, 1010 Dunham Dr. Motion by Braig to
appoint all three applicants to 3-year terms through July 1, 2018. Seconded by Resnick.
Motion carried 7-0.
3. Civic Center Advisory Commission: Two, 3-year terms through June 29, 2018 (Ex-
pired terms of Daugherty and Parks). Applicants: Tyler Daugherty, 418 Emmett St.;
Bryce Parks, 2005 N. Main St. Motion by Braig to appoint both applicants to 3-year
terms through June 29, 2018. Seconded by Resnick. Motion carried 7-0.
4. Community Development Advisory Commission: Commission requesting Robert
Block II be appointed to the vacant term of Michalski which has a Low- to Moderate-
Income Area requirement thus allowing his current At Large term to be filled. One, 3
Year term through February 15, 2017 (Vacant term of Michalski) LMI Required. Appli-
cant: Robert Block II, 2447 University (Qualifies for LMI). Motion by Connors to appoint
Robert Block II to a 3-year term through February 15, 2017. Seconded by Jones. Motion
carried 7-0.
One, 3-year term through February 15, 2017 (Vacant term of Block) At Large. Appli-
cants: Reverend Lindsay James, 2494 Pearl St. (Qualifies for At-Large); Adrienne Scott,
1365 Solon St. (Qualifies for At- Large). Upon roll-call vote James - 4 (Jones, Buol,
Braig, Resnick); Scott – 3 (Lynch, Connors, Sutton), Lindsay James was appointed to a
3-year term through February 15, 2017.
5. Historic Preservation Commission: Two, 3-year terms through July 1, 2018 (Ex-
pired terms of Schlarman - Cathedral District and Bichell - At-Large). Applicants: Lisa
Lawson, 205 Bluff St. (Qualifies for Cathedral District and At-Large); John McAndrews,
350 West 1st St. (Qualifies for Cathedral District and At-Large). Motion by Braig to ap-
point Lisa Lawson to the Cathedral District term and John McAndrews to the At-Large
term for 3-year through July 1, 2018. Seconded by Resnick. Motion carried 7-0.
6. Human Rights Commission: One, 3 Year term through January 1, 2017 (Vacant
term of Nutter). Applicants: Tanya Engling, 2899 Windsor; Reverend Lindsay James,
2494 Pearl St.; R.R.S. Stewart, 460 Summit St. Upon roll-call vote Engling - 6 (Jones,
Buol, Braig, Connors, Sutton, Resnick); James -1 (Lynch); Stewart – 0; Tanya Engling
was appointed to a 3-year term through January 1, 2017.
7. Investment Oversight Advisory Commission: Two, 3 Year terms through July 1,
2018 (Expired terms of Chalmers and Ferraro). Applicants: Brad Chalmers, 1095 W. 3rd
St.; Rachael Ferraro, 2538 Jackson St. Motion by Braig to appoint both applicants to 3-
year terms through July 1, 2018. Seconded by Resnick. Motion carried 7-0.
8. Library Board of Trustees (Mayor Appointment): One, 4-year term through July 1,
2019 (Expired term of Weiss). Applicant: Jenny Weiss, 2206 Simpson St. Upon City
Council concurrence, Mayor Buol appointed Jenny Weis to a 4-year term through July
1, 2019.
9. Long Range Planning Advisory Commission: Two, 3-year terms through July 1,
2018 (Expired terms of Darter and Pregler). Applicants: Chad Darter, 2245 Matthew
John Dr.; John Pregler, 1525 Pego Ct.; Mark Ward, 2758 Tiffany Ct. Upon roll-call vote
Chad Darter – 5 (Lynch, Jones, Braig, Connors, Sutton, ); Pregler – 7 (Lynch, Jones,
Buol, Braig, Connors, Sutton, Resnick); and Ward - 2 (Buol, Resnick); Chad Darter and
John Pregler were appointed to 3-year terms through July 1, 2018.
10. Parks and Recreation Advisory Commission: One, 3-year term through June 30,
2018 (Expired term of Blocker). Applicants: Robert Blocker, 880 Kane St.; Jennifer
Tigges, 4927 Wild Flower Dr. Upon roll-call vote Blocker – 3 (Lynch, Connors, Resnick);
Tigges – 4 (Jones, Buol, Braig, Sutton); Jennifer Tigges was appointed to a 3-year term
through June 30, 2018.
11. Zoning Advisory Commission: Two, 3 Year terms through July 1, 2018 (Expired
terms of Hardie and Roussell) Applicants: Kristin Dietzel, 1432 S. Grandview Ave. (Ad-
ditional Application); Stephen Hardie, 62 Fremont Ave.; Justin McCarthy, 315 River
Ridge St.; Laura Roussell, 3224 Bittersweet Ln.; R.R.S. Stewart, 460 Summit St. Upon
roll-call vote Dietzel – 5 (Jones, Buol, Braig, Connors, Sutton); Hardie -3 (Lynch, Sutton,
Resnick); McCarthey – 0; Roussell -6 (Lynch, Jones, Buol, Braig, Connors, Resnick);
Stewart – 0), Kristin Dietzel and Laura Roussell were appointed to 3-year terms through
July 1, 2018.
PUBLIC HEARINGS
1. Request to Rezone - Lots 4 & 5 C.J. Bies Subdivision No. 2 (Tabled from May 18,
2015): Correspondence from applicant Nicole Imbus withdrawing the request to rezone
Lots 4 and 5 of C.J. Bies Subdivision #2 (Bies Drive and Century Drive) from C-3 Gen-
eral Commercial District with conditions to PUD Planned Unit Development to allow for
Construction of an assisted living residential development and Zoning Advisory Com-
mission recommending approval. Motion by Connors to remove from the table. Second-
ed by Lynch. Motion carried 7-0.
Motion by Connors to accept the request to withdraw. Seconded by Jones. Motion
carried 7-0.
Upon motion the rules were suspended allowing anyone present to address the City
Council on the following items.
2. Transit Fixed-Route Service Changes: Proof of publication on notice of public
hearing to consider route changes in coordination with the opening of the Intermodal
Center in August 2015 and the transition from the 6th and Iowa Street Transfer to the
Intermodal as the downtown hub and the City Manager recommending approval. Motion
by Connors to receive and file the documents and adopt Resolution No. 212-15 Accept-
ing fixed-route service changes associated with the opening of the Dubuque Intermodal
Transportation Center. Seconded by Braig. Responding to questions from the City
Council, Transit Manager Candace Eudaley and Lead Dispatcher Jodi Johnson ex-
plained the effect of the changes on current service and what promotion and staff assis-
tance is being planned for the transition. City Manager Van Milligen provided infor-
mation on the decision not to renew the transit contract with ECIA and bring the position
of transit manager in-house. Motion carried 7-0.
RESOLUTION NO. 212-15
ACCEPTING FIXED-ROUTE SERVICE CHANGES ASSOCIATED WITH THE OPEN-
ING OF THE DUBUQUE INTERMODAL TRANSPORTATION CENTER
Whereas, the City of Dubuque provides fixed-route and paratransit services for the
citizens of Dubuque; and
Whereas, the location of the downtown fixed-route transfer location will be moved
thth
from 6 & Iowa St to the Dubuque Intermodal Transportation Center at 9 & Elm St; and
Whereas, the bus stop locations will be moved to align with the new transfer location;
and
Whereas, the transfer location change is an optimal time to make other route adjust-
ments based on ridership patterns; and
Whereas, the proposed route changes will impact all daytime fixed-route transit rid-
ers; and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The following Fixed-Route service changes will take effect on or after August 1, 2015
pending the opening and full operation of the Intermodal Transportation Center.
1. The downtown transfer location will be moved from 6th & Iowa Streets to 9th & Elm
Streets.
2. Downtown bus stops will be moved to align with the new transfer location at 9th &
Elm Streets.
3. Service to Key West will be reduced to every other hour.
4. Service to Fremont will be reduced to every other hour.
5. Service to the Port of Dubuque will operate only during business shuttle hours and
the Summer Trolley season.
6. Service along Loras Blvd will be reduced to once per hour.
7. Fixed-route buses will no longer enter residential parking lots (St. Mary’s Apart-
ments, Windsor Apartments) or business parking lots with narrow travel lanes (HyVee
South Locust, Medical Associates East). Due to the limited widths of these areas, it is
not safe for buses, pedestrians, and parked vehicles to use at the same time.
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Passed, approved and adopted this 15 day of June, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
3. Lowell Street Water Main, Sanitary and Storm Sewer Improvements: Proof of pub-
lication on notice of public hearing to consider approval of the construction plans, speci-
fications, form of contract and the estimated cost for the Lowell Street (Abbott to Wood-
worth) Water Main, Sanitary and Storm Sewer Improvements Project 2015 and the City
Manager recommending approval. Motion by Jones to receive and file the documents
and adopt Resolution No. 213-15 Approval of plans, specifications, form of contract, and
estimated cost for the Lowell Street (Abbott to Woodworth) Water Main, Sanitary &
Storm Sewer Improvements Project 2015. Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 213-15
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMAT-
ED COST FOR THE LOWELL STREET (ABBOTT TO WOODWORTH) WATER MAIN,
SANITARY & STORM SEWER IMPROVEMENTS PROJECT 2015
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications, form of contract and estimated cost for the
Lowell Street (Abbott to Woodworth) Water Main, Sanitary & Storm Sewer Improve-
ments Project 2015, in the estimated amount $280,798.65, are hereby approved.
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Passed, adopted and approved this 15 day of June, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
1. Purchase of Services Funding Recommendation: City Manager recommending
approval for funding of the Fiscal Year 2016 Purchase of Services Grant applications as
recommended by the Community Development Advisory Commission. Motion by Con-
nors to receive and file the documents and approve the recommendation. Seconded by
Braig. Motion carried 7-0.
2. Arts and Culture Grant Program - Fiscal Year 2016 Operating Support Recom-
mendations: Arts and Cultural Affairs Advisory Commission recommending approval of
15 Fiscal Year 2016 Arts and Culture Operating Support Grant funding requests and
authorization for the City Manager to sign the funding agreements. Motion by Braig to
receive and file the documents and approve the recommendation. Seconded by Con-
nors. Motion carried 7-0.
3. Arts and Culture Grant Program - Fiscal Year 2016 Special Projects Recommen-
dation: Arts and Cultural Affairs Advisory Commission recommending approval of six
Fiscal Year 2016 Arts and Culture Special Project Grant funding requests and authori-
zation for the City Manager to sign the grant agreements. Motion by Braig to receive
and file the documents and approve the recommendation. Seconded by Connors. Mo-
tion carried 7-0.
4. Code of Ordinances Amendment - Title 10 Park Rangers (Second Reading): City
Manager recommending repeal of City Ordinance 10-5A-1 which requires a Park Rang-
er to be a certified Law Enforcement Officer with additional information provided by the
Leisure Services Manager. Motion by Connors to receive and file the documents and
that the requirement that a proposed ordinance be considered and voted on for passage
at two Council meetings prior to the meeting at which it is to be passed be suspended.
Seconded by Resnick. Motion failed 4-3 with Lynch, Jones, and Sutton voting nay. Lei-
sure Services Manager Marie Ware and Police Chief Mark Dalsing responded to ques-
tions from the City Council that included staffing levels, background information, com-
parison to other Iowa cities, past issues, skills and training, and police coverage of
parks. City Manager Van Milligen referenced the park ranger job description.
Connors moved the second reading of a proposed ordinance amending City of
Dubuque Code of Ordinances Title 10 Public Ways and Property, Chapter 5 Parks and
Recreation, Article A Administration by repealing Section 10-5A-1 Park Rangers as park
rangers are no longer Certified Law Enforcement Officers. Seconded by Resnick. Mo-
tion carried 4-3 with Lynch, Jones, and Sutton voting nay.
5. Request for Proposals - Skate Park Evaluation and Conceptual Design: City Man-
ager recommending approval to initiate the Request for Proposal process for profes-
sional services for the Skate Park Evaluation and Conceptual Design. Motion by Jones
to receive and file the documents and approve the recommendation. Seconded by Con-
nors. City Manager Van Milligen and Leisure Services Manager Marie Ware provided
related background and budget information. Motion carried 6-1 with Resnick voting nay.
6. 2015 Department of Justice Body-Worn Camera Grant Application: City Manager
recommending approval for the 2015 Department of Justice Body-Worn Camera Grant
application that will allow for the purchase of 120 Body-Worn Cameras over a two-year
period. Motion by Lynch to receive and file the documents and approve the recommen-
dation. Seconded by Connors. Responding to questions from the City Council, Police
Chief Mark Dalsing stated that generally access to video information is controlled and
considered investigative information. Motion carried 7-0.
7. Code of Ordinances Amendment - Title 14 Building Code and Advisory Appeals
Board: City Manager recommending approval of an ordinance which adds a new Sec-
tion 14-1A-6 which establishes the Building Code and Advisory Appeals Board and pro-
vides for the powers, operation, membership, and meetings. Motion by Connors to re-
ceive and file the documents and that the requirement that a proposed ordinance be
considered and voted on for passage at two Council meetings prior to the meeting at
which it is to be passed be suspended. Seconded by Lynch. Motion carried 7-0.
Motion by Connors for final consideration and passage of Ordinance No. 41-15
Amending City of Dubuque Code of Ordinances Title 14 Building and Development,
Chapter 1 Building Codes, Article A Building Code and Regulations by adopting a new
Section 14-1A-6 Establishing the Building Code and Advisory Appeals Board and
Providing for the Powers, Operation, Membership, and Meetings. Seconded by Lynch.
Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 41-15
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND
DEVELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE A BUILDING CODE
AND REGULATIONS BY ADOPTING A NEW SECTION 14-1A-6 ESTABLISHING
THE BUILDING CODE AND ADVISORY APPEALS BOARD AND PROVIDING FOR
THE POWERS, OPERATION, MEMBERSHIP, AND MEETINGS
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Title 14, Chapter 1, Article A of the City of Dubuque Code of Ordinances is
amended as follows:
ARTICLE A. BUILDING CODE AND REGULATIONS
. . . .
14-1A-6: BUILDING CODE AND ADVISORY APPEALS BOARD:
A. Board Created: There is hereby created the Building Code and Advisory Appeals
Board.
B. Purpose: The purpose of the board is to determine the suitability of alternative
building materials and methods of building construction, to provide for reasonable inter-
pretation of the provisions of the International Building Code, to advise the city council
on all building construction regulations and procedures, and to serve as an appeal body
for the decisions of the building official.
C. Internal Organization and Rules: The board may adopt rules and regulations to
govern its organizational procedures as may be necessary and which are not in conflict
with this Code of Ordinances or the Iowa Code.
D. Procedures for Operation: All administrative, personnel, accounting, budgetary,
and procurement policies of the city govern the board in all its operations.
E. Membership:
1. The board comprises seven (7) residents of the city, appointed by the city coun-
cil.
2. Residents must be eighteen (18) years of age or older.
3. Special Qualifications.
a. One (1) member must be an architect or engineer registered in the state of
Iowa.
b. One (1) member must be a commercial contractor.
c. One (1) member must be a journeyman carpenter.
d. One (1) member must be a residential contractor.
e. One (1) member must be a representative of the public at-large.
f. Two (2) representatives must have knowledge of Americans with Disabilities
Act regulations to represent the interests of persons with disabilities.
F. Oath: Each person, upon appointment or reappointment to the board, must exe-
cute an oath of office at the first meeting of the board following the appointment or re-
appointment or at the city clerk’s office any time prior to the first meeting of the board.
G. Terms: The term of office for members of the board is three (3) years or until such
member’s successor is appointed and qualified.
H: Vacancies: Vacancies must be filled in the same manner as original appointments.
I. Officers/Organization: The board must choose annually a chairperson and vice-
chairperson, each to serve a term of one (1) year. The chairperson must appoint a sec-
retary, who need not be a member of the board. The board must fill a vacancy among
its officers for the remainder of the officer’s unexpired term.
J. Meetings:
1. Regular Meetings. The board must meet upon call of the chairperson, secretary,
or city manager.
2. Special Meetings. Special meetings may be called by the chairperson or at the
written request of a majority of the members.
3. Open Meetings. All meetings must be called and held in conformance with the
Iowa Open Meetings Law.
4. Attendance.
a. In the event a member of the board has been absent for three (3) or more
consecutive meetings of the board, without being excused by the chairperson,
such absence will be grounds for the board to recommend to the city council that
the position be declared vacant and a replacement appointed.
b. Attendance must be entered upon the minutes of all meetings.
5. Minutes. A copy of the minutes of all regular and special meetings of the board
must be filed with the city council within ten (10) working days after each meeting, or
by the next regularly scheduled city council meeting, whichever is later.
6. Quorum. For meetings where the agenda does not include the review of any
Americans with Disabilities Act issues, three (3) members of the board constitute a
quorum for the transaction of business. For meetings where the agenda does include
the review of any Americans with Disabilities Act issues, four (4) members of the
board and at least one (1) of the Americans with Disabilities Act representatives must
be in attendance to constitute a quorum for the transaction of business. An affirma-
tive vote of a majority of the members present and voting is necessary for the adop-
tion of any motion or resolution.
K. Compensation: Members serve without compensation, provided that they may re-
ceive reimbursement for necessary travel and other expenses while on official board
business within the limits established in the city administrative policies and budget.
L. Removal: The city council may remove any member for cause upon written charg-
es and after a public hearing.
M. Powers. The board has the following powers, duties, and responsibilities:
1. Any person who is aggrieved by a decision of the building official on any re-
quirements resulting from the enforcement of the building code may appeal from
such decision to the building code board and said board shall serve as an appeal
board. In case the aggrieved party is a member of said board, said member shall be
disqualified as a member of the board acting as an appeal board, until the person
aggrieved has been heard and a decision rendered.
The appeal shall be made by the person aggrieved, giving written notice of such
appeal to the building official within seven (7) days of receipt of decision from which
the appeal is taken. The building code board sitting as an appeal board shall meet
within ten (10) working days after receiving such notice and render a decision within
five (5) working days thereafter. Any interested party, including the building official,
shall have the right to present their case to the appeal board, whose decision shall be
final unless appealed to the district court as provided by law.
The board of appeals may reverse or modify a decision of the building official only on
finding that:
a. The building official had incorrectly interpreted the provision of this code; or,
b. The decision of the building official creates an unnecessary hardship upon the
appellant.
The board of appeals shall require that sufficient evidence or proof be submitted to
substantiate any claims made regarding the use of alternates.
All appeal hearings shall be conducted in accordance with the procedures specified
in this code.
On issues before the board involving the Americans with Disabilities Act the board
may elect to seek input from Americans with Disabilities Act advocates in the communi-
ty. If the board elects to seek input from Americans with Disabilities Act advocates in the
community the board shall consult with a minimum of two (2) individuals.
N. Limitations Of Authority. The board of appeals shall have no authority relative to
interpretation of the administrative provisions of this code nor shall the board be em-
powered to waive requirements of this code.
In so modifying or reversing such decision of the building official, the board of ap-
peals may authorize any alternate to the decision of the building official and the provi-
sions, provided it finds the proposed material or method of construction is satisfactory
for the use intended and complies with the provisions of this code, and that the material,
method, or work offered is, for the purpose intended, at least equivalent to that pre-
scribed by this code in suitability, strength, effectiveness, durability, fire resistance, and
safety.
Section 2. Nothing herein effects the term of any person serving as a member of the
board as of the effective date of this Ordinance.
Section 3. This Ordinance takes effect upon publication.
th
Passed, approved, and adopted the 15 day of June, 2015.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
th
Published officially in the Telegraph Herald newspaper on the 19 day of June, 2015.
/s/Kevin S. Firnstahl, City Clerk
8. Stormwater Utility Revenue Capital Loan Notes (State Revolving Loan Fund Pro-
gram) Series 2015B: City Manager recommending approval of the suggested proceed-
ings to complete action required for the Stormwater Utility Revenue Capital Loan Notes
from the State of Iowa Revolving Fund Loan Iowa Water Pollution Control Works Fi-
nancing Program. Motion by Jones to receive and file the documents and adopt Resolu-
tion No. 214-15 Approving and authorizing a form of Loan and Disbursement Agree-
ment by and between the City of Dubuque and the Iowa Finance Authority, and author-
izing and providing for the issuance and securing the payment of $29,541,000 Storm-
water Utility Revenue Capital Loan Notes, Series 2015B, of the City of Dubuque, Iowa,
under the provisions of the Code of Iowa, and providing for a method of payment of said
Notes. Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 214-15
APPROVING AND AUTHORIZING THE FORM OF LOAN AND DISBURSEMENT
AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE AND THE IOWA FI-
NANCE AUTHORITY, AND AUTHORIZING AND PROVIDING FOR THE ISSUANCE
AND SECURING THE PAYMENT OF $29,541,000 STORMWATER UTILITY REVE-
NUE CAPITAL LOAN NOTES, SERIES 2015B, OF THE CITY OF DUBUQUE, IOWA,
UNDER THE PROVISIONS OF THE CODE OF IOWA, AND PROVIDING FOR A
METHOD OF PAYMENT OF SAID NOTES
Whereas, the City Council of the City of Dubuque, Iowa, sometimes hereinafter re-
ferred to as the "Issuer", has heretofore established charges, rates and rentals for ser-
vices which are and will continue to be collected as system revenues of the Stormwater
Utility System, sometimes hereinafter referred to as the "System", and said revenues
have not been pledged and are available for the payment of revenue Notes, subject to
the following premises; and
Whereas, Issuer proposes to issue its Stormwater Utility Revenue Capital Loan
Notes, Series 2015B, to the extent of $29,541,000, for the purpose of defraying the
costs of the Project as set forth in Section 1 of this Resolution; and, it is deemed neces-
sary and advisable and in the best interests of the City that the form of Loan and Dis-
bursement Agreement by and between the City and the Iowa Finance Authority, be ap-
proved and authorized; and
Whereas, the Issuer has previously issued $998,000 Stormwater Utility Revenue
Capital Loan Notes, Series 2010B, dated January 13, 2010; $7,850,000 Stormwater
Utility Revenue Capital Loan Notes, Series 2010G, dated October 27, 2010; and
$1,029,000 Stormwater Utility Revenue Capital Loan Notes, Taxable Series 2014A,
dated February 28, 2014 (together, the "Outstanding Obligations"), each payable from
the net revenues of the System; and
Whereas, the notice of intention of Issuer to take action for the issuance of not to ex-
ceed $34,000,000 Stormwater Utility Revenue Capital Loan Notes, Series 2015B has
heretofore been duly published and no objections to such proposed action have been
filed; and
Whereas, in the resolutions authorizing the issuance of the Outstanding Obligations it
is provided that additional revenue notes may be issued on a parity with the outstanding
notes or bonds, for the costs of future improvements and extensions to the System,
provided that there has been procured and placed on file with the City Clerk, a state-
ment complying with the conditions and limitations therein imposed upon the issuance
of said parity notes or bonds; and
Whereas, the Iowa Finance Authority, as the sole holder of the Outstanding Obliga-
tions, has agreed to waive the requirement that a statement of an independent certified
public accountant be placed on file in the office of the City Clerk prior to Closing, show-
ing the conditions and limitations of the resolution authorizing the Outstanding Obliga-
tions, with regard to the sufficiency of the revenues of the System to permit the issuance
of additional revenue notes or bonds ranking on a parity with the Outstanding Obliga-
tions to have been met and satisfied as required.
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 Notes" shall mean any stormwater utility revenue notes or notes is-
sued on a parity with the Notes in accordance with the provisions of this Resolu-
tion.
●"Agreement" shall mean the Loan and Disbursement Agreement, dated as of the
Closing between the City and the Original Purchaser, relating to the Loan made to
the City under the Program.
●"Authorized Denominations" shall mean $1,000 or any integral multiple thereof.
●"Clerk" shall mean the City Clerk or such other officer of the successor Govern-
ing Body as shall be charged with substantially the same duties and responsibili-
ties.
●"Closing" shall mean the date of delivery of the Note to the Original Purchaser
and the funding of the Loan by the Trustee.
●"Corporate Seal" shall mean the official seal of Issuer adopted by the Governing
Body.
●"Fiscal Year" shall mean the twelve-month period beginning on July l of each
year and ending on the last day of June of the following year, or any other consec-
utive twelve-month period adopted by the Governing Body or by law as the official
accounting period of the System. 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 City Council of the City, or its successor in
function with respect to the operation and control of the System.
●"Independent Auditor" shall mean an independent firm of Certified Public Ac-
countants or the Auditor of State.
●"Issuer" and "City" shall mean the City of Dubuque, Iowa.
●"Loan" shall mean the principal amount allocated by the Original Purchaser to the
City under the Program, equal in amount to the principal amount of the Notes;
●"Net Revenues" shall mean gross earnings of the System after deduction of Cur-
rent Expenses; "Current Expenses" shall mean and include the reasonable and
necessary cost of operating, maintaining, repairing and insuring the System, in-
cluding purchases at wholesale, if any, salaries, wages, and costs of materials and
supplies, but excluding depreciation and principal of and interest on the Notes and
any Parity Obligations or payments to the various funds established herein; capital
costs, depreciation and interest or principal payments are not System expenses.
●"Notes" or "Note" shall mean $29,541,000 Stormwater Utility Revenue Capital
Loan Notes, Series 2015B, authorized to be issued by this Resolution
●"Original Purchaser" shall mean the Iowa Finance Authority, as the purchaser of
the Notes from Issuer at the time of their original issuance.
●"Outstanding Obligations" shall mean the $998,000 Stormwater Utility Revenue
Capital Loan Notes, Series 2010B, dated January 13, 2010, the $7,850,000
Stormwater Utility Revenue Capital Loan Notes, Series 2010G, dated October 27,
2010, and the $1,029,000 Stormwater Utility Revenue Capital Loan Notes, Taxa-
ble Series 2014A, dated February 28, 2014.
●"Parity Obligations" shall mean storm water notes or bonds payable solely from
the Net Revenues of the System on an equal basis with the Notes herein author-
ized to be issued, and shall include the Outstanding Obligations.
●"Paying Agent" shall mean the City Treasurer, or such successor as may be ap-
proved by Issuer as provided herein and who shall carry out the duties prescribed
herein as Issuer's agent to provide for the payment of principal of and interest on
the 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;
■ 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 consists of the in-
vestments 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 Mort-
gage 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 notes or other obligations of
any state of the United States of America or of any agency, instrumentality or lo-
cal 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 notes or other obligations on the maturity date or dates thereof or the speci-
fied redemption date or dates pursuant to such irrevocable instructions, as ap-
propriate; and (ii) which escrow is sufficient, as verified by a nationally recog-
nized independent certified public accountant, to pay principal of and interest and
redemption premium, if any, on the notes 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 notes as defined and permitted by section 148 of the Internal Rev-
enue Code and applicable regulations and only if rated within the two highest
classifications as established by at least one of the standard rating services ap-
proved 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 estab-
lished by at least one of the standard rating services approved by the superin-
tendent of banking by rule adopted pursuant to chapter 17A Code of Iowa; and
■ Iowa Public Agency Investment Trust.
● "Prior Note Resolutions" shall mean Resolution No. 467-09, approved on De-
cember 21, 2009, Resolution No. 404-10, approved on October 18, 2010, and
Resolution No. 47-14, approved on February 17, 2014 authorizing the issuance of
the Outstanding Obligations.
● "Program" shall mean the Iowa Water Pollution Control Works Financing Pro-
gram undertaken by the Original Purchaser.
● "Project" shall mean costs of land acquisition, engineering and construction of
Phase 7 of the Bee Branch Watershed Flood Mitigation Project, also known as the
Upper Bee Branch Creek Restoration, the refunding and refinancing of the out-
standing General Obligation Capital Loan Notes Anticipation Project Note, Series
2006, dated December 28, 2006, issued in respect of such costs, and the Catfish
Creek Watershed Improvements.
● "Project Fund" shall mean the Loan Account maintained by the Trustee under
the Program for the benefit of the Issuer, into which the proceeds of the Loan and
the Note shall be allocated and held until disbursed to pay Project costs.
● "Registrar" shall mean the City Treasurer or such successor as may be ap-
proved 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 Notes. Unless
otherwise specified, the Registrar shall also act as Transfer Agent for the Notes.
● "Resolution" shall mean this resolution authorizing the issuance of the Notes.
● "System" shall mean the Stormwater 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 improvements and extensions made by Issuer while
any of the Notes or Parity Notes remain outstanding; all real and personal proper-
ty; and all appurtenances, contracts, leases, franchises and other intangibles.
"Tax Exemption Certificate" shall mean the Tax Exemption Certificate executed by
the Treasurer and delivered at the time of issuance and delivery of the Notes.
● "Treasurer" shall mean the City Treasurer or such other officer as shall succeed
to the same duties and responsibilities with respect to the recording and payment
of the Notes issued hereunder.
"Trustee" shall mean Wells Fargo Bank, National Association, with its principal of-
fice located in the City of Chicago, Illinois, and its successors and any corporation
resulting from or surviving any consolidation or merger to which it or its successors
may be a party and any successor trustee under the Program.
"Yield Restricted" shall mean required to be invested at a yield that is not material-
ly higher than the yield on the Notes under Section 148(a) of the Internal Revenue
Code or regulations issued thereunder.
Section 2. Authority. The Agreement and the Notes authorized by this Resolution
shall be issued pursuant to Division V, Chapter 384 of the City Code of Iowa, and in
compliance with all applicable provisions of the Constitution and laws of the State of Io-
wa. The Agreement shall be substantially in the form attached to this Resolution and are
authorized to be executed and issued on behalf of the Issuer by the Mayor and attested
by the City Clerk.
Section 3. Authorization and Purpose. There are hereby authorized to be issued, ne-
gotiable, serial, fully registered Stormwater Utility Revenue Capital Loan Notes of
Dubuque, in the County of Dubuque, State of Iowa, Series 2015B, in the aggregate
amount of $29,541,000 for the purpose of paying costs of land acquisition, engineering
and construction of Phase 7 of the Bee Branch Watershed Flood Mitigation Project, also
known as the Upper Bee Branch Creek Restoration, the refunding and refinancing of
the outstanding General Obligation Capital Loan Notes Anticipation Project Note, Series
2006, dated December 28, 2006, issued in respect of such costs, and the Catfish Creek
Watershed Improvements. The City Council, pursuant to Sections 384.24A and 384.84A
of the Code of Iowa, hereby finds and determines that it is necessary and advisable to
issue said Notes authorized by the Agreement and this Resolution.
Section 4. Source of Payment. The Notes herein authorized and Parity Notes and the
interest thereon shall be payable solely and only out of the net earnings of the System
and shall be a lien on the future Net Revenues of the System; provided, however, that in
the discretion of the City Council, amounts on deposit in the Additional Projects Account
of the Flood Project Fund established under the authority of Resolution No. 159-14 ap-
proved on May 19, 2014 may also be applied to the payment of the Notes. The Notes
shall not be general obligations of the Issuer nor shall they be payable in any manner by
taxation and the Issuer shall be in no manner liable by reason of the failure of the said
Net Revenues to be sufficient for the payment of the Notes.
Section 5. Note Details. Stormwater Utility Revenue Capital Loan Notes, Series
2015B, of the City in the amount of $29,541,000, shall be issued to evidence the obliga-
tions of the Issuer under the Agreement pursuant to the provisions of Sections 384.24A
and 384.84A of the Code of Iowa for the aforesaid purpose. The Notes shall be desig-
nated "STORMWATER UTILITY REVENUE CAPITAL LOAN NOTE, SERIES 2015B",
be dated the date of delivery, and bear interest at the rate of 1.75% per annum from the
date of each advancement made under the Agreement, until payment thereof, at the of-
fice of the Paying Agent, said interest payable on December 1, 2015, and semi-annually
thereafter on the 1st day of June and December in each year until maturity as set forth
on the Debt Service Schedules attached to the Agreement as Exhibit A and incorpo-
rated herein by this reference. As set forth on said Debt Service Schedule, principal
shall be payable on June 1, 2018 and annually thereafter on the 1st day of June in the
amounts set forth therein until principal and interest are fully paid, except that the final
installment of the entire balance of principal and interest, if not sooner paid, shall be-
come due and payable on June 1, 2037. Notwithstanding the foregoing or any other
provision hereof, principal and interest shall be payable as shown on said Debt Service
Schedule until completion of the Project, at which time the final Debt Service Schedule
shall be determined by the Trustee based upon actual advancements, final costs and
completion of the Project, all as provided in the administrative rules governing the Pro-
gram. Payment of principal and interest on the Notes shall at all times conform to said
Debt Service Schedule and the rules of the Program.
Notwithstanding any provision of the Note to the contrary and according to the terms
and conditions of the Loan and Disbursement Agreement, an amount equal to 20% of
the aggregate amount of disbursements made under the Loan and Disbursement
Agreement (the "Principal Forgiveness") shall be forgiven by Iowa Finance Authority,
and no payments of principal or interest shall be due with respect to the Principal For-
giveness after the date of such Principal Forgiveness (provided, however, that any ac-
crued interest due on such portion up to, but not including, the date of such forgiveness
shall be paid as otherwise required under the Loan and Disbursement Agreement).
The Notes shall be executed by the manual or facsimile signature of the Mayor and
attested by the manual or facsimile signature of the Clerk, and impressed or imprinted
with the seal of the City and shall be fully registered as to both principal and interest as
provided in this Resolution; principal, interest and premium, if any, shall be payable at
the office of the Paying Agent by mailing of a check, wire transfer or automated clearing
house system transfer to the registered owner of the Note. The Notes shall be in the
denomination of $1,000 or multiples thereof and may at the request of the Original Pur-
chaser be initially issued as a single Note in the denomination of $29,541,000 num-
bered R-1.
Section 6. Initiation Fee and Servicing Fee. In addition to the payment of principal of
and interest on the Notes, the Issuer also agrees to pay the Initiation Fee and the Ser-
vicing Fee as defined and in accordance with the terms of the Agreement.
Section 7. Redemption. The Notes are subject to optional redemption at a price of
par plus accrued interest (i) on any date upon receipt of written consent of the Original
Purchaser or (ii) in the event that all or substantially all of the Project is damaged or de-
stroyed. Any optional redemption of the Notes may be made from any funds regardless
of source, in whole or from time to time in part, in inverse order of maturity, by giving not
less than thirty (30) days' notice of redemption by certified or registered mail to the Orig-
inal Purchaser (or any other registered owner of the Note). The terms of redemption
shall be par, plus accrued interest to date of call. The Notes are also subject to manda-
tory redemption as set forth in Section 5 of the Agreement.
Section 8. Registration of Notes; Appointment of Registrar; Transfer; Ownership; De-
livery; and Cancellation.
(a) Registration. The ownership of Notes may be transferred only by the making of an
entry upon the books kept for the registration and transfer of ownership of the Notes,
and in no other way. The Treasurer is hereby appointed as Note Registrar under the
terms of this Resolution. Registrar shall maintain the books of the Issuer for the registra-
tion of ownership of the Notes for the payment of principal of and interest on the Notes
as provided in this Resolution. All Notes shall be negotiable as provided in Article 8 of
the Uniform Commercial Code subject to the provisions for registration and transfer con-
tained in the Notes and in this Resolution.
(b) Transfer. The ownership of any Note may be transferred only upon the Registra-
tion Books kept for the registration and transfer of Notes 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 identi-
fication number of such transferee (or, if registration is to be made in the name of multi-
ple 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 Registra-
tion 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 denomi-
nations permitted by this Resolution in aggregate principal amount equal to the unma-
tured 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 de-
livered by the Registrar.
(c) Registration of Transferred Notes. In all cases of the transfer of the Notes, the
Registrar shall register, at the earliest practicable time, on the Registration Books, the
Notes, in accordance with the provisions of this Resolution.
(d) Ownership. As to any Note, the person in whose name the ownership of the same
shall be registered on the Registration Books of the Registrar shall be deemed and re-
garded as the absolute owner thereof for all purposes, and payment of or on account of
the principal of any such Notes and the premium, if any, and interest thereon shall be
made only to or upon the order of the registered owner thereof or his legal representa-
tive. All such payments shall be valid and effectual to satisfy and discharge the liability
upon such Note, including the interest thereon, to the extent of the sum or sums so
paid.
(e) Cancellation. All Notes which have been redeemed shall not be reissued but shall
be cancelled by the Registrar. All Notes which are cancelled by the Registrar shall be
destroyed and a Certificate of the destruction thereof shall be furnished promptly to the
Issuer; provided that if the Issuer shall so direct, the Registrar shall forward the can-
celled Notes to the Issuer.
(f) Non-Presentment of Notes. In the event any payment check 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 suffi-
cient 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 what-
ever 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 other-
wise, 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 9. Reissuance of Mutilated, Destroyed, Stolen or Lost Notes. In case any
outstanding Note shall become mutilated or be destroyed, stolen or lost, the Issuer shall
at the request of Registrar authenticate and deliver a new Note of like tenor and amount
as the Note so mutilated, destroyed, stolen or lost, in exchange and substitution for
such mutilated Note to Registrar, upon surrender of such mutilated Note, or in lieu of
and substitution for the Note destroyed, stolen or lost, upon filing with the Registrar evi-
dence satisfactory to the Registrar and Issuer that such Note has been destroyed, sto-
len or lost and proof of ownership thereof, and upon furnishing the Registrar and Issuer
with satisfactory indemnity and complying with such other reasonable regulations as the
Issuer or its agent may prescribe and paying such expenses as the Issuer may incur in
connection therewith.
Section 10. Record Date. Payments of principal and interest, otherwise than upon full
redemption, made in respect of any Note, shall be made to the registered holder thereof
or to their designated Agent as the same appear on the books of the Registrar on the
th
15 day of the month preceding the payment date. All such payments shall fully dis-
charge the obligations of the Issuer in respect of such Notes to the extent of the pay-
ments so made.
Section 11. Execution, Authentication and Delivery of the Notes. Upon the adoption
of this Resolution, the Mayor and City Clerk shall execute and deliver the Notes to the
Registrar, who shall authenticate the Notes and deliver the same to or upon order of the
Original Purchaser. No Note shall be valid or obligatory for any purpose or shall be enti-
tled to any right or benefit hereunder unless the Registrar shall duly endorse and exe-
cute on such Note a Certificate of Authentication substantially in the form of the Certifi-
cate herein set forth. Such Certificate upon any Note executed on behalf of the Issuer
shall be conclusive evidence that the Note so authenticated has been duly issued under
this Resolution and that the holder thereof is entitled to the benefits of this Resolution.
Section 12. Right to Name Substitute Paying Agent or Registrar. Issuer reserves the
right to name a substitute, successor Registrar or Paying Agent upon giving prompt writ-
ten notice to each registered noteholder.
Section 13. Form of Note. Notes shall be printed in substantial compliance with
standards proposed by the American Standards Institute substantially in the form as
\[provided\].
Section 14. Equality of Lien. The timely payment of principal of and interest on the
Notes and Parity Notes shall be secured equally and ratably by the Net Revenues of the
System without priority by reason of number or time of sale or delivery; and the Net
Revenues of the System are hereby irrevocably pledged to the timely payment of both
principal and interest as the same become due.
Section 15. Application of Note Proceeds - Project Fund. Proceeds of the Notes shall
be applied as follows:
An amount equal to the Initiation Fee and other costs of issuance of the Notes shall
be applied to pay such costs as may be approved by the Treasurer.
The balance of the proceeds shall be deposited to the Project Fund and expended
therefrom for the purposes of issuance.
Any amounts on hand in the Project Fund shall be available for the payment of the
principal of or interest on the Notes at any time that other funds of the System shall be
insufficient to the purpose, in which event such funds shall be repaid to the Project Fund
at the earliest opportunity. Any balance on hand in the Project Fund and not immediate-
ly required for its purposes may be invested not inconsistent with limitations provided by
law, the Internal Revenue Code and this Resolution. Any excess proceeds remaining on
hand after completion of the purpose of issuance shall be paid into the Improvement
Fund to the maximum required amounts and any remaining amounts shall be used to
call or otherwise retire Notes.
Section 16. User Rates. There has heretofore been established and published as re-
quired by law, just and equitable rates or charges for the use of the service rendered by
the System. Said rates or charges to be paid by the owner of each and every lot, parcel
of real estate, or building that is connected with and uses the System, by or through any
part of the System or that in any way uses or is served by the System.
Any revenues paid and collected for the use of the System and its services by the Is-
suer or any department, agency or instrumentality of the Issuer shall be used and ac-
counted for in the same manner as any other revenues derived from the operations of
the System.
Section 17. Application of Revenues. From and after the delivery of any Notes, and
as long as any of the Notes or Parity Notes shall be outstanding and unpaid either as to
principal or as to interest, or until all of the Notes and Parity Notes then outstanding
shall have been discharged and satisfied in the manner provided in this Resolution, the
entire income and revenues of the System shall be deposited as collected in a fund to
be known as the Storm Water Utility Revenue Fund (the "Revenue Fund"), and shall be
disbursed only as follows:
(a) Operation and Maintenance Fund. Money in the Revenue Fund shall first be dis-
bursed to make deposits into a separate and special fund to pay current expenses. The
fund shall be known as the Stormwater Utility Revenue Operation and Maintenance
Fund (the "Operation and Maintenance Fund"). There shall be deposited in the Opera-
tion and Maintenance Fund each month an amount sufficient to meet the current ex-
penses of the month plus an amount equal to 1/12th of expenses payable on an annual
basis such as insurance. After the first day of the month, further deposits may be made
to this account from the Revenue Fund to the extent necessary to pay current expenses
accrued and payable to the extent that funds are not available in the Surplus Fund.
(b) Sinking Fund. Money in the Revenue Fund shall next be disbursed to make de-
posits into a separate and special fund to pay the principal and interest requirements of
the Fiscal Year on the Notes and Parity Notes. The fund shall be known as the Storm-
water Utility Revenue Capital Loan Note and Interest Sinking Fund (the "Sinking Fund").
The required amount to be deposited in the Sinking Fund in any month shall be the
equal monthly amount necessary to pay in full the installment of interest coming due on
the next interest payment date on the then outstanding Notes and Parity Notes plus the
equal monthly amount necessary to pay in full the installment of principal coming due on
such Notes on the next succeeding principal payment date until the full amount of such
installment is on hand. If for any reason the amount on hand in the Sinking Fund ex-
ceeds the required amount, the excess shall forthwith be withdrawn and paid into the
Revenue Fund. Money in the Sinking Fund shall be used solely for the purpose of pay-
ing principal of and interest on the Notes and Parity Notes as the same shall become
due and payable.
(c) Subordinate Obligations. Money in the Revenue Fund may next be used to pay
principal of and interest on (including reasonable reserves therefor) any other obliga-
tions which by their terms shall be payable from the revenues of the System, but subor-
dinate to the Notes and Parity Notes, and which have been issued for the purposes of
extensions and improvements to the System or to retire the Notes or Parity Notes in ad-
vance of maturity, or to pay for extraordinary repairs or replacements to the System.
(d) Surplus Revenue. All money thereafter remaining in the Revenue Fund at the
close of each month may be deposited in any of the funds created by this Resolution,
may be used to pay for extraordinary repairs or replacements to the System, or may be
used to pay or redeem the Notes or Parity Notes any of them, or for any lawful purpose.
Money in the Revenue Fund shall be allotted and paid into the various funds and ac-
counts hereinbefore referred to in the order in which said funds are listed, on a cumula-
tive basis on the 10th day of each month, or on the next succeeding business day when
the 10th shall not be a business day; and if in any month the money in the Revenue
Fund shall be insufficient to deposit or transfer the required amount in any of said funds
or accounts, the deficiency shall be made up in the following month or months after
payments into all funds and accounts enjoying a prior claim to the revenues shall have
been met in full.
Section 18. Outstanding Obligations. The provisions in the Prior Note Resolutions,
whereby there was created and is to be maintained a Storm Water Utility Revenue Note
Principal and Interest Sinking Fund ("Sinking Fund"), and for the monthly payment into
said fund from the future Net Revenues of the System such portion thereof as will be
sufficient to meet the principal and interest of the Outstanding Obligations, and main-
taining a reserve therefor, are hereby ratified and confirmed, and all such provisions in-
ure to and constitute the security for the payment of the principal and interest on Notes
hereby authorized to be issued; provided, however, that the amounts to be set aside
and paid into the Sinking Fund in equal monthly installments from the earnings shall be
sufficient to pay the principal and interest due each year, not only on the Outstanding
Obligations, but also the principal and interest of the Notes herein authorized to be is-
sued. Except as may be otherwise provided in the above Prior Note Resolutions, pro-
ceeds of the Notes or other funds may be invested in Permitted Investments.
Nothing in this Resolution shall be construed to impair the rights vested in the Out-
standing Obligations. The amounts herein required to be paid into the various funds
named in this Section shall be inclusive of payments required in respect to the Out-
standing Obligations. The provisions of the legislation authorizing the Outstanding Obli-
gations and the provisions of this Resolution are to be construed wherever possible so
that the same will not be in conflict. In the event such construction is not possible, the
provisions of the resolution first adopted shall prevail until such time as the notes or
bonds authorized by said resolution have been paid in full or otherwise satisfied as
therein provided at which time the provisions of this Resolution shall again prevail.
Section 19. Investments. Moneys on hand in the Project Fund and all of the funds
provided by this Resolution may be invested only in Permitted Investments or deposited
in financial institutions which are members of the Federal Deposit Insurance Corpora-
tion, or its equivalent successor, and the deposits of which are insured thereby and all
such deposits exceeding the maximum amount insured from time to time by FDIC or its
equivalent successor in any one financial institution shall be continuously secured in
compliance with the State Sinking Fund provided under Iowa Code chapter 12C, or oth-
erwise by a valid pledge of direct obligations of the United States Government having
an equivalent market value. All investments shall mature before the date on which the
moneys are required for the purposes for which the fund was created or otherwise as
herein provided. The provisions of this Section shall not be construed to require the Is-
suer to maintain separate accounts for the funds created by this Section.
All income derived from such investments shall be deposited in the Revenue Fund
and shall be regarded as revenues of the System except earnings on investments of the
Project Fund shall be deposited in and expended from the Project Fund. Investments
shall at any time necessary be liquidated and the proceeds thereof applied to the pur-
pose for which the respective fund was created.
Section 20. Covenants Regarding the Operation of the System. The Issuer hereby
covenants and agrees with each and every holder of the Notes and Parity Notes:
(a) Maintenance and Efficiency. The Issuer will maintain the System in good condi-
tion and operate it in an efficient manner and at reasonable cost.
(b) Sufficiency of Rates. On or before the beginning of each Fiscal Year the Govern-
ing Body will adopt or continue in effect rates for all services rendered by the System
determined to be sufficient to produce Net Revenues for the next succeeding Fiscal
Year adequate to pay principal and interest requirements and create reserves as pro-
vided in this Resolution but not less than 110% percent of the principal and interest re-
quirements of the Fiscal Year. No free use of the System by the Issuer or any depart-
ment, agency or instrumentality of the Issuer shall be permitted except upon the deter-
mination of the Governing Body that the rates and changes otherwise in effect are suffi-
cient to provide Net Revenues at least equal to the requirements of this subsection.
(c) Insurance. The Issuer shall maintain insurance for the benefit of the noteholders
on the insurable portions of the System of a kind and in an amount which normally
would be carried by private companies engaged in a similar kind of business. The pro-
ceeds of any insurance, except public liability insurance, shall be used to repair or re-
place the part or parts of the System damaged or destroyed.
(d) Accounting and Audits. The Issuer will cause to be kept proper books and ac-
counts adapted to the System and in accordance with generally accepted accounting
practices, and will diligently act to cause the books and accounts to be audited annually
and reported upon not later than 180 days after the end of each Fiscal Year by an Inde-
pendent Auditor and will provide copies of the audit report to the holders of any of the
Notes and Parity Notes upon request. The holders of any of the Notes and Parity Notes
shall have at all reasonable times the right to inspect the System and the records, ac-
counts and data of the Issuer relating thereto.
(e) State Laws. The Issuer will faithfully and punctually perform all duties with refer-
ence to the System required by the Constitution and laws of the State of Iowa, including
the making and collecting of reasonable and sufficient rates for services rendered by the
System as above provided, and will segregate the revenues of the System and apply
said revenues to the funds specified in this Resolution.
(f) Property. The Issuer will not sell, lease, mortgage or in any manner dispose of the
System, or any capital part thereof, including any and all extensions and additions that
may be made thereto, until satisfaction and discharge of all of the Notes and Parity
Notes shall have been provided for in the manner provided in this Resolution; provided,
however, that this covenant shall not be construed to prevent the disposal by the Issuer
of property which in the judgment of its Governing Body has become inexpedient or un-
profitable to use in connection with the System, or if it is to the advantage of the System
that other property of equal or higher value be substituted therefor, and provided further
that the proceeds of the disposition of such property shall be placed in a revolving fund
and used in preference to other sources for capital improvements to the System. Any
such proceeds of the disposition of property acquired with the proceeds of the Notes or
Parity Notes shall not be used to pay principal or interest on the Notes and Parity Notes
or for payments into the Sinking Funds.
(g) Fidelity Note. The Issuer shall maintain fidelity note coverage in amounts which
normally would be carried by private companies engaged in a similar kind of business
on each officer or employee having custody of funds of the System.
(h) Budget. The Governing Body of the Issuer shall approve and conduct operations
pursuant to a system budget of revenues and current expenses for each Fiscal Year.
Such budget shall take into account revenues and current expenses during the current
and last preceding Fiscal Years. Copies of such budget and any amendments thereto
shall be provided to the holders of any of the Notes upon request.
Section 21. Remedies of Noteholders. Except as herein expressly limited the holder
or holders of the Notes and Parity Notes shall have and possess all the rights of action
and remedies afforded by the common law, the Constitution and statutes of the State of
Iowa, and of the United States of America, for the enforcement of payment of their
Notes and interest thereon, and of the pledge of the revenues made hereunder, and of
all covenants of the Issuer hereunder.
Section 22. Prior Lien and Parity Notes. The Issuer will issue no other Notes or obli-
gations of any kind or nature payable from or enjoying a lien or claim on the property or
revenues of the System having priority over the Notes or Parity Notes.
Additional Notes may be issued on a parity and equality of rank with the Notes with
respect to the lien and claim of such Additional Notes to the revenues of the System
and the money on deposit in the funds adopted by this Resolution, for the following pur-
poses and under the following conditions, but not otherwise:
(a) For the purpose of refunding any of the Notes or Parity Notes which shall have
matured or which shall mature not later than three months after the date of delivery of
such refunding Notes and for the payment of which there shall be insufficient money in
the Sinking Fund;
(b) For the purpose of refunding any Notes, Parity Notes or general obligation notes
outstanding, or making extensions, additions, improvements or replacements to the
System, if all of the following conditions shall have been met:
(i) before any such Additional Notes ranking on a parity are issued, there will have
been procured and filed with the Clerk, a statement of an Independent Auditor not a
regular employee of the Issuer, reciting the opinion based upon necessary investiga-
tions that the Net Revenues of the System for the preceding Fiscal Year (with adjust-
ments as hereinafter provided) were equal to at least 1.10 times the maximum amount
that will be required in any Fiscal Year prior to the longest maturity of any of the Notes
or Parity Notes for both principal of and interest on all Notes or Parity Notes then out-
standing which are payable from the net earnings of the System and the Additional
Notes then proposed to be issued.
For the purpose of determining the Net Revenues of the System for the preceding
Fiscal Year as aforesaid, the amount of the gross revenues for such year may be ad-
justed by an Independent Auditor, not a regular employee of the Issuer, so as to reflect
any changes in the amount of such revenues which would have resulted had any revi-
sion of the schedule of rates or charges imposed at or prior to the time of the issuance
of any such Additional Notes been in effect during all of such preceding Fiscal Year.
(ii) the Additional Notes must be payable as to principal and as to interest on the
same month and day as the Notes herein authorized.
(iii) for the purposes of this Section, principal and interest falling due on the first day
of a Fiscal Year shall be deemed a requirement of the immediately preceding Fiscal
Year.
(iv) for the purposes of this Section, general obligation capital loan notes shall be re-
funded only upon a finding of necessity by the Governing Body and only to the extent
the general obligation capital loan notes were issued or the proceeds of them were ex-
pended for the System.
(v) for purposes of this Section, "preceding Fiscal Year" shall be the most recently
completed Fiscal Year for which audited financial statements prepared by a certified
public accountant are issued and available, but in no event a Fiscal Year which ended
more than eighteen months prior to the date of issuance of the Additional Notes.
Section 22. Disposition of Proceeds; Arbitrage Not Permitted. The Issuer reasonably
expects and covenants that no use will be made of the proceeds from the issuance and
sale of the Notes issued hereunder which will cause any of the Notes to be classified as
arbitrage bonds within the meaning of Section 148(a) and (b) of the Internal Revenue
Code of the United States, and that throughout the term of said Notes it will comply with
the requirements of said statute and regulations issued thereunder.
To the best knowledge and belief of the Issuer, there are no facts or circumstances
that would materially change the foregoing statements or the conclusion that it is not
expected that the proceeds of the Notes will be used in a manner that would cause the
Notes to be arbitrage bonds. Without limiting the generality of the foregoing, the Issuer
hereby agrees to comply with the provisions of the Tax Exemption Certificate and the
provisions of the Tax Exemption Certificate are hereby incorporated by reference as
part of this Resolution. The Treasurer is hereby directed to make and insert all calcula-
tions and determinations necessary to complete the Tax Exemption Certificate in all re-
spects and to execute and deliver the Tax Exemption Certificate at issuance of the
Notes to certify as to the reasonable expectations and covenants of the Issuer at that
date.
The Issuer covenants that it will treat as Yield Restricted any proceeds of the Notes
remaining unexpended after three years from the issuance and any other funds required
by the Tax Exemption Certificate to be so treated. If any investments are held with re-
spect to the Notes and Parity Obligations, the Issuer shall treat the same for the pur-
pose of restricted yield as held in proportion to the original principal amounts of each
issue.
The Issuer covenants that it will exceed any investment yield restriction provided in
this Resolution only in the event that it shall first obtain an opinion of recognized bond
counsel that the proposed investment action will not cause the Notes to be classified as
arbitrage bonds under Section 148(a) and (b) the Internal Revenue Code or regulations
issued thereunder.
The Issuer covenants that it will proceed with due diligence to spend the proceeds of
the Notes for the purpose set forth in this Resolution. The Issuer further covenants that
it will make no change in the use of the proceeds available for the construction of facili-
ties or change in the use of any portion of the facilities constructed therefrom by per-
sons other than the Issuer or the general public unless it has obtained an opinion of
bond counsel or a revenue ruling that the proposed project or use will not be of such
character as to cause interest on any of the Notes not to be exempt from federal income
taxes in the hands of holders other than substantial users of the project, under the pro-
visions of Section 142(a) of the Internal Revenue Code of the United States, related
statutes and regulations.
Section 23. Additional Covenants, Representations and Warranties of the Issuer. The
Issuer certifies and covenants with the purchasers and holders of the Notes from time to
time outstanding that the Issuer through its officers, (a) will make such further specific
covenants, representations and assurances as may be necessary or advisable; (b)
comply with all representations, covenants and assurances contained in the Tax Ex-
emption Certificate, which Tax Exemption Certificate shall constitute a part of the con-
tract between the Issuer and the owners of the Notes; (c) consult with bond counsel (as
defined in the Tax Exemption Certificate); (d) pay to the United States, as necessary,
such sums of money representing required rebates of excess arbitrage profits relating to
the Notes; (e) file such forms, statements and supporting documents as may be re-
quired and in a timely manner; and (f) if deemed necessary or advisable by its officers,
to employ and pay fiscal agents, financial advisors, attorneys and other persons to as-
sist the Issuer in such compliance.
Section 24. Amendment of Resolution to Maintain Tax Exemption. This Resolution
may be amended without the consent of any owner of the Notes if, in the opinion of
bond counsel, such amendment is necessary to maintain tax exemption with respect to
the Notes under applicable Federal law or regulations.
Section 25. Discharge and Satisfaction of Notes. The covenants, liens and pledges
entered into, created or imposed pursuant to this Resolution may be fully discharged
and satisfied with respect to the Notes and Parity Notes, or any of them, in any one or
more of the following ways:
(a) By paying the Notes or Parity Notes when the same shall become due and paya-
ble; and
(b) By depositing in trust with the Treasurer, or with a corporate trustee designated by
the Governing Body for the payment of said obligations and irrevocably appropriated
exclusively to that purpose an amount in cash or direct obligations of the United States
the maturities and income of which shall be sufficient to retire at maturity, or by redemp-
tion prior to maturity on a designated date upon which said obligations may be re-
deemed, all of such obligations outstanding at the time, together with the interest there-
on to maturity or to the designated redemption date, premiums thereon, if any that may
be payable on the redemption of the same; provided that proper notice of redemption of
all such obligations to be redeemed shall have been previously published or provisions
shall have been made for such publication.
Upon such payment or deposit of money or securities, or both, in the amount and
manner provided by this Section, all liability of the Issuer with respect to the Notes or
Parity Notes shall cease, determine and be completely discharged, and the holders
thereof shall be entitled only to payment out of the money or securities so deposited.
Section 26. Resolution a Contract. The provisions of this Resolution shall constitute a
contract between the Issuer and the holder or holders of the Notes and Parity Notes,
and after the issuance of any of the Notes no change, variation or alteration of any kind
in the provisions of this Resolution shall be made in any manner, except as provided in
the next succeeding Section, until such time as all of the Notes and Parity Notes, and
interest due thereon, shall have been satisfied and discharged as provided in this Reso-
lution.
Section 27. Amendment of Resolution Without Consent. The Issuer may, without the
consent of or notice to any of the holders of the Notes and Parity Notes, amend or sup-
plement this Resolution for any one or more of the following purposes:
(a) to cure any ambiguity, defect, omission or inconsistent provision in this Resolution
or in the Notes or Parity Notes; or to comply with any application provision of law or
regulation of federal or state agencies; provided, however, that such action shall not
materially adversely affect the interests of the holders of the Notes or Parity Notes;
(b) to change the terms or provisions of this Resolution to the extent necessary to
prevent the interest on the Notes or Parity Notes from being includable within the gross
income of the holders thereof for federal income tax purposes;
(c) to grant to or confer upon the holders of the Notes or Parity Notes any additional
rights, remedies, powers or authority that may lawfully be granted to or conferred upon
the holders of the Notes;
(d) to add to the covenants and agreements of the Issuer contained in this Resolution
other covenants and agreements of, or conditions or restrictions upon, the Issuer or to
surrender or eliminate any right or power reserved to or conferred upon the Issuer in
this Resolution; or
(e) to subject to the lien and pledge of this Resolution additional pledged revenues as
may be permitted by law.
Section 28. Amendment of Resolution Requiring Consent. This Resolution may be
amended from time to time if such amendment shall have been consented to by holders
of not less than two-thirds in principal amount of the Notes and Parity Notes at any time
outstanding (not including in any case any Notes which may then be held or owned by
or for the account of the Issuer, but including such Refunding Notes as may have been
issued for the purpose of refunding any of such Notes if such Refunding Notes shall not
then be owned by the Issuer); but this Resolution may not be so amended in such man-
ner as to:
(a) Make any change in the maturity or interest rate of the Notes, or modify the terms
of payment of principal of or interest on the Notes or any of them or impose any condi-
tions with respect to such payment;
(b) Materially affect the rights of the holders of less than all of the Notes and Parity
Notes then outstanding; and
(c) Reduce the percentage of the principal amount of Notes, the consent of the hold-
ers of which is required to effect a further amendment.
Whenever the Issuer shall propose to amend this Resolution under the provisions of
this Section, it shall cause notice of the proposed amendment to be filed with the Origi-
nal Purchaser and to be mailed by certified mail to each registered owner of any Notes
as shown by the records of the Registrar. Such notice shall set forth the nature of the
proposed amendment and shall state that a copy of the proposed amendatory Resolu-
tion is on file in the office of the City Clerk.
Whenever at any time within one year from the date of the mailing of said notice
there shall be filed with the City Clerk an instrument or instruments executed by the
holders of at least two-thirds in aggregate principal amount of the Notes then outstand-
ing as in this Section defined, which instrument or instruments shall refer to the pro-
posed amendatory Resolution described in said notice and shall specifically consent to
and approve the adoption thereof, thereupon, but not otherwise, the Governing Body of
the Issuer may adopt such amendatory Resolution and such Resolution shall become
effective and binding upon the holders of all of the Notes and Parity Notes.
Any consent given by the holder of a Note pursuant to the provisions of this Section
shall be irrevocable for a period of six months from the date of the instrument evidenc-
ing such consent and shall be conclusive and binding upon all future holders of the
same Note during such period. Such consent may be revoked at any time after six
months from the date of such instrument by the holder who gave such consent or by a
successor in title by filing notice of such revocation with the City Clerk.
The fact and date of the execution of any instrument under the provisions of this Sec-
tion may be proved by the certificate of any officer in any jurisdiction who by the laws
thereof is authorized to take acknowledgments of deeds within such jurisdiction that the
person signing such instrument acknowledged before him the execution thereof, or may
be proved by an affidavit of a witness to such execution sworn to before such officer.
The amount and numbers of the Notes held by any person executing such instrument
and the date of his holding the same may be proved by an affidavit by such person or
by a certificate executed by an officer of a bank or trust company showing that on the
date therein mentioned such person had on deposit with such bank or trust company
the Notes described in such certificate.
Notwithstanding anything in this Section to the contrary, the holder or holders of
100% of the Notes and Parity Obligations may consent to any amendment of this Reso-
lution, or waive any notices required hereunder, on such terms and under such condi-
tions as said holders shall determine to be appropriate.
Section 29. Severability. If any section, paragraph, or provision of this Resolution
shall be held to be invalid or unenforceable for any reason, the invalidity or unenforcea-
bility of such section, paragraph or provision shall not affect any of the remaining provi-
sions.
Section 30. Repeal of Conflicting Ordinances or Resolutions and Effective Date. All
other ordinances, resolutions and orders, or parts thereof, in conflict with the provisions
of this Resolution are, to the extent of such conflict, hereby repealed; and this Resolu-
tion shall be in effect from and after its adoption.
Section 31. 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 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 Loan and Disbursement Agreement, the terms of the
Loan and Disbursement Agreement shall prevail and be given effect to the extent nec-
essary to resolve any such conflict or inconsistency.
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Passed and approved this 15 day of June, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
9. ITC Overhead Electric Transmission Facilities: City Manager recommending adop-
tion of a resolution which states that the filing of a petition by lTC for a proposed over-
head electric transmission line facility in the City of Dubuque and a formal public hearing
process would not be in the public interest and further recommends that the minimum
250-foot distance from transmission lines not be waived if a petition is considered. Mo-
tion by Jones to receive and file the documents and adopt Resolution No. 215-15
Providing that a proposed project by ITC Midwest LLC for a license to erect, maintain
and operate a proposed Electric Transmission Line Facility in the City of Dubuque
would not be permittable under the City of Dubuque Code of Ordinances and would not
be permitted by the City Council and therefore an application for a license and the re-
quired process for such a license would not be in the public interest. Seconded by
Braig. Motion carried 7-0.
RESOLUTION NO. 215-15
PROVIDING THAT A PROPOSED PROJECT BY ITC MIDWEST LLC FOR A LI-
CENSE TO ERECT, MAINTAIN AND OPERATE A PROPOSED ELECTRIC TRANS-
MISSION LINE FACILITY IN THE CITY OF DUBUQUE WOULD NOT BE PERMITTA-
BLE UNDER THE CITY OF DUBUQUE CODE OF ORDINANCES AND WOULD NOT
BE PERMITTED BY THE CITY COUNCIL AND THEREFORE AN APPLICATION FOR
A LICENSE AND THE REQUIRED PROCESS FOR SUCH A LICENSE WOULD NOT
BE IN THE PUBLIC INTEREST
Whereas, City of Dubuque Code of Ordinances Chapter 11-6 establishes a process
for licensing electric transmission line companies which requires an electric transmis-
sion line company to apply for a license to erect, maintain and operate a facility within
the city; and
Whereas, the applicant must hold a public informational meeting prior to filing the pe-
tition; and
Whereas, Chapter 11-6 requires the City Council to hold a public hearing when con-
sidering whether to grant, amend, extend, or renew such a license; and
Whereas, ITC Midwest LLC (ITC) proposes to apply for a license for three (3) pro-
posed route alternatives for a 345 kilovolt (KV) overhead electric transmission line as
shown on the attached map; and
Whereas, the City Manager has met with representatives of ITC to gather information
about the proposed project; and
Whereas, the City Manager and City staff have investigated the project, including ma-
terial provided by ITC; and
Whereas, the City Manager has provided the City Council with the attached recom-
mendation that the filing of a petition by ITC and a formal public hearing process would
not be in the public interest; and
Whereas, the City Council, having reviewed the City Manager’s recommendation,
and material provided by ITC, finds that the City Council has adequate information to
determine that the proposed project is not permittable and would not be permitted under
Chapter 11-6, and that the recommendation of the City Manager should be approved.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council hereby approves the recommendation of the City Man-
ager that the filing of a petition by ITC for a license to erect, maintain and operate a fa-
cility within the city as proposed by ITC is not permittable and would not be permitted by
the City Council, and that the filing of an application by ITC and proceeding with the
process required by the City of Dubuque Code of Ordinances for such a license would
not be in the public interest.
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Passed, approved and adopted this 15 day of June, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
10. National Register Nomination - Upper Iowa Street Historic District: City Manager
recommending approval of the Upper Iowa Street Historic District Nomination and ap-
proval for the Mayor to execute the Certified Local Government National Register Nom-
ination Evaluation Report Form. Motion by Braig to receive and file the documents and
approve the recommendation. Seconded by Connors. Planning Services Manager
Laura Carstens provided information on how the designation avails property owners to
funding for improvements and explained the different regulations when local, state and
federal funds are used. Motion carried 7-0.
11. National Register Nomination - Old Main Street Historic District Boundary In-
crease and Amendment: City Manager recommending approval of the Old Main Street
District Boundary Increase and Amendment Nomination and approval for the Mayor to
execute the Certified Local Government National Register Nomination Evaluation Re-
port Form. Motion by Lynch to receive and file the documents and approve the recom-
mendation. Seconded by Connors. Motion carried 7-0.
12. National Register Nomination - Seminary Hill Residential Historic District: City
Manager recommending approval of the Seminary Hill Residential Historic District Nom-
ination and approval for the Mayor to execute the Certified Local Government National
Register Nomination Evaluation Report Form. Motion by Connors to receive and file the
documents and approve the recommendation. Seconded by Resnick. Motion carried 7-
0.
13. National Register Nomination - Washington Residential Historic District: City
Manager recommending approval of the Washington Residential Historic District Nomi-
nation and approval for the Mayor to execute the Certified Local Government National
Register Nomination Evaluation Report Form. Motion by Lynch to receive and file the
documents and approve the recommendation. Seconded by Connors. Motion carried 7-
0.
14. National Register Nomination - Fenelon Place Residential Historic District: City
Manager recommending approval of the Fenelon Place Residential Historic District
Nomination and approval for the Mayor to execute the Certified Local Government Na-
tional Register Nomination Evaluation Report Form. Motion by Jones to receive and file
the documents and approve the recommendation. Seconded by Connors. Planning
Services Manager Laura Carstens stated that the nomination would not effect in-fill/new
construction in the district, but that requirements may be different if federal funds are
used. Motion carried 7-0.
CLOSED SESSION
Motion by Jones to convene in closed session at 8:26 p.m. to discuss pending litiga-
tion and property acquisition pursuant to Chapter 21.5(1)(c), -(j) Code of Iowa. Second-
ed by Resnick. Motion carried 7-0.
Upon motion the City Council reconvened in open session at 9:35 p.m. stating that
staff had been given proper direction.
There being no further business, upon motion the City Council adjourned at 9:36 p.m.
/s/Kevin S. Firnstahl, CMC
City Clerk