3 2 09 City Council Proceedings Official
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
OFFICIAL
The Dubuque City Council met in regular session at 6:30 p.m. on March 2, 2009 in the
Historic Federal Building.
Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, Voetberg,
City Manager Van Milligen, City Attorney Lindahl
Mayor Buol read the call and stated this is a regular session called for the purpose of
discussing such matters which may properly come before the City Council.
Pledge of Allegiance
Invocation was provided by Deacon David McGhee, Nativity Catholic Church.
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as
indicated. Seconded by Voetberg. Connors requested (#11) Dubuque Stamping and
Manufacturing, Inc. Development Agreement and (#12) Morrison Bros. CEBA Contract be held
for separate discussion. Motion carried 7-0.
Minutes and Reports Submitted: City Council of 2/16 (Special and Regular Meeting), 2/17,
2/19, and 2/23
Proofs of publication of City Council Proceedings of February 2, 9 and 10, 2009
Upon motion the documents were received and filed.
Notice of Claims/Suits: Tim J. Kramer for property damage; Debra A. Heim for property
damage; Peter M. and Sarah A. Ross for property damage; Denise Hoag for property damage;
State Central Bank vs. City of Dubuque, et al; Charlotte A. Hansen for vehicle damage;
Rowena Boyer for property damage; Rodney C. Miller for property damage. Upon motion the
documents were received and filed and referred to the City Attorney.
City Attorney advising that the following claims have been referred to Public Entity Risk
Services of Iowa, the agent for the Iowa Communities Assurance Pool: Noreen Engelken for
personal injury; Nicole Lammer for personal injury; Mark W. Sarazin for property damage;
Suellen Flynn for vehicle damage; Jennifer Ney for vehicle damage; Gordon Dailey for vehicle
damage; Charlotte Hansen for vehicle damage; Tim Kramer for property damage; Debra Heim
for property damage; Denise Hoag for property damage; Peter Ross for property damage;
Rowena Boyer for property damage. Upon motion the documents were received and filed and
concurred.
Iowa League of Cities: Communications from Alan W. Kemp, Executive Director of the Iowa
League of Cities, advising of the following appointments: Mayor Roy Buol to the National
League of Cities Energy, Environment and Natural Resources (EENR) Committee; Council
Member Dirk Voetberg to the Community and Economic Development (CED) Committee; and
Council Member Joyce Connors to the Human Development (HD) Committee. Upon motion
the documents were received and filed.
Acquisition Plat – Devon Drive: City Manager recommending approval of the acquisition plat
for additional right-of-way on Devon Drive at Dodge Street (US Highway 20). which is
necessary to construct a right-turn lane on the west side of Devon Drive at Dodge Street. Upon
motion the documents were received and filed and Resolution No. 77-09 pproving the
A
Acquisition Plat of a part of Lot 1 of Tranel Place in the City of Dubuque, Dubuque County,
Iowa, and accepting the dedication of right-of-way for Devon Drive (Lot A) was adopted.
RESOLUTION NO. 77-09
APPROVING THE ACQUISITION PLAT OF A PART OF LOT 1 OF TRANEL PLACE IN THE
CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA, AND ACCEPTING THE DEDICATION OF
RIGHT-OF-WAY FOR DEVON DRIVE (LOT A)
Whereas, Northwest Investments of LaCrosse, LLC, pursuant to the redevelopment of Lot 1
of Tranel Place have agreed to survey, plat, and dedicate right-of-way along the west side of
Devon Drive to the City of Dubuque; and
Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, an
Acquisition Plat of a part of Lot 1 of Tranel Place in the City of Dubuque, Iowa, prepared by
Buesing & Associates; and
Whereas, upon said plat of Lot A of Lot 1 of Tranel Place in the City of Dubuque, Dubuque
County, Iowa, appears right-of-way for street and public utilities, which the owner, by said
Acquisition Plat, has dedicated to the public forever; and
Whereas, the Acquisition Plat conforms to the laws and statues pertaining thereto.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the dedication of Lot A of Lot 1 of Tranel Place in the City of Dubuque,
Dubuque County, Iowa, for right-of-way for street and public utilities as they appear upon said
Acquisition Plat, be and the same are hereby accepted.
Section 2. That the Acquisition Plat is hereby approved, and the Mayor and City Clerk are
hereby authorized and directed to execute the Plat for and on behalf of the City of Dubuque,
Iowa.
Section 3. That the City Clerk be and is hereby authorized and directed to file the
Acquisition Plat and a certified copy of this resolution in the office of the Recorder in and for
Dubuque County, Iowa.
nd
Passed, approved and adopted this 2 day of March, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Intermodal Facility Location Study – Consultant Professional Services: City Manager
recommending approval of the issuance of a Request for Proposals (RFP) for engineering
services required to design the Port of Dubuque Intermodal Transportation Center. Upon
motion the documents were received, filed, and approved.
Land and Water Conservation Fund (LWCF) Grant Agreement: City Manager
recommending approval of a Land and Water Conservation Fund (LWCF) grant agreement for
the E.B. Lyons Interpretive Center Expansion. Upon motion the documents were received and
filed and Resolution No. 78-09 Approving a LWCF grant agreement with the Iowa Department
of Natural Resources for the E.B. Lyons Interpretive Center Expansion was adopted.
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RESOLUTION NO. 78-09
APPROVING A LWCF GRANT AGREEMENT WITH THE IOWA DEPARTMENT OF
NATURAL RESOURCES FOR THE E.B. LYONS INTERPRETIVE CENTER EXPANSION
WHEREAS, the City of Dubuque, Iowa, is interested in developing outdoor recreational
facilities on the following described project for the enjoyment of the citizenry of City of
Dubuque, Iowa, and the State Iowa.
Project Title: E.B. Lyons Interpretive Center Expansion
Total Estimated Cost: $1,476,994
Brief Description of Project: The E.B. Lyons Interpretive Center serves as a visitor
information center and park office for the Mines of Spain. It currently serves over
200,000 visitors annually. Continued success and growth in interpretation and education
are significantly inhibited by current space limitations. Expansion of the Interpretive
Center will double its size, create more space for interpretation and education, and
make it accessible; and
Land and Water Conservation Fund financial assistance is required for the acquisition or
development of said outdoor recreational facilities,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the project described above be authorized.
Section 2. That the City of Dubuque approves the grant agreement with the Iowa
Department of Natural Resources for Land and Water Conservation Fund financial assistance
from the National Park Service in the amount of $19,000 on behalf of said City of Dubuque.
Section 3. That the City of Dubuque certifies to the following:
1. That it will accept the terms and conditions set forth in the NPS Grants-in-Aid Manual
and which will be a part of the Project Agreement for any grant awarded under the
attached proposal.
2. That it is in complete accord with the attached proposal and that it will carry out the
acquisition and/or development in the manner described in the proposal and any
plans and specifications attached thereto unless prior approval for any change has
been received from the Iowa Department of Natural Resources.
3. That is has the ability and intention to finance its share of the cost of the project and
that the project will be operated and maintained at the expense of said City of
Dubuque for public outdoor recreational use.
4. That no financial assistance has been given or promised under any other federal
program or activity with regard to the proposed project.
5. That it will not discriminate against any person on the basis of race, color, or natural
origin in the use of any property or failure acquired or developed pursuant to this
proposal, and shall comply with the terms and intent of the Title VI of the Civil Rights
Act of 1964, P.L. 88-352 (1964), and of the regulations promulgated pursuant to
such Act by the Secretary of the Interior and contained in 43 CFR 17.
6. That it will maintain adequate financial records on the proposed project to
substantiate claims for cost-sharing.
nd
Passed, approved and adopted this 2 day of March, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
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Miller Riverview Park – Management Agreement: City Manager recommending approval of
the Management Agreement for camping at Miller Riverview Park with Kenneth M. Clayton.
Upon motion the documents were received, filed, and approved.
Bunker Hill Golf Course – Management Agreement: City Manager recommending approval
of a Management Agreement with G.M.S., Inc. (George Stephenson) for the Bunker Hill Golf
Course for the period beginning March 1, 2009 and ending November 30, 2009. Upon motion
the documents were received, filed, and approved.
SRF Loan Agreement – Water Pollution Control Plant Rehabilitation Project: City Manager
recommending approval of the suggested proceedings approving and authorizing a form of
Interim Loan and Disbursement Agreement and authorizing the issuance of a Project Note to
the Iowa Finance Authority. Upon motion the documents were received and filed and
Resolution No. 79-09 Approving and authorizing a form of Interim Loan and Disbursement
Agreement by and between the City of Dubuque and the Iowa Finance Authority, and
authorizing and providing for the issuance and securing the payment of $3,200,000 Sewer
Revenue Capital Loan Notes Anticipation Project Note, Series 2009, of the City of Dubuque,
Iowa, under the provisions of the Code of Iowa, and providing for a method of payment of said
note was adopted.
RESOLUTION NO. 79-09
APPROVING AND AUTHORIZING A FORM OF INTERIM LOAN AND DISBURSEMENT
AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE AND THE IOWA FINANCE
AUTHORITY, AND AUTHORIZING AND PROVIDING FOR THE ISSUANCE AND
SECURING THE PAYMENT OF $3,200,000 SEWER REVENUE CAPITAL LOAN NOTES
ANTICIPATION PROJECT NOTE, SERIES 2009, OF THE CITY OF DUBUQUE, IOWA,
UNDER THE PROVISIONS OF THE CODE OF IOWA, AND PROVIDING FOR A METHOD
OF PAYMENT OF SAID NOTE
WHEREAS, Issuer proposes to issue its Sewer Revenue Capital Loan Notes Anticipation
Project Note, Series 2009, to the extent of $3,200,000, for the purpose of defraying the costs
of the Project hereinafter described; and, it is deemed necessary and advisable and in the best
interests of the City that a form of Interim Loan and Disbursement Agreement by and between
the City and the Iowa Finance Authority be approved and authorized; and
WHEREAS, the notice of intention of Issuer to take action for the issuance of not to exceed
$3,500,000 Sewer Revenue Capital Loan Notes has heretofore been duly published and no
objections to such proposed action have been filed.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IN THE COUNTY OF DUBUQUE, STATE OF IOWA:
Section 1. Definitions. The following terms shall have the following meanings in this
Resolution unless the text expressly or by necessary implication requires otherwise:
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"Additional Project Notes" shall mean any project notes or other obligations
issued on a parity with the Note in accordance with the provisions of Section 11 hereof.
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"Agreement" shall mean an Interim Loan and Disbursement Agreement dated as
of the Closing between and among the City and the Original Purchaser, relating to the
Interim Loan made to the City under the Program;
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"City Clerk" shall mean the City Clerk or such other officer of the successor
Governing Body as shall be charged with substantially the same duties and responsibilities;
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"Closing" shall mean the date of delivery of the Note to the Original Purchaser
and the funding of the Interim Loan;
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"Corporate Seal" shall mean the official seal of Issuer adopted by the Governing
Body;
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"Fiscal Year" shall mean the twelve months' period beginning on July 1 of each
year and ending on the last day of June of the following year, or any other consecutive
twelve-month period adopted by the Governing Body or by law as the official accounting
period of the System; provided, that the requirements of a fiscal year as expressed in this
Resolution shall exclude any payment of principal or interest falling due on the first day of
the fiscal year and include any payment of principal or interest falling due on the first day of
the succeeding fiscal year;
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"Governing Body" shall mean the Council of the City, or its successor in function
with respect to the operation and control of the System;
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"Interim Loan" shall mean the principal amount allocated by the Original
Purchaser and loaned to the City under the Program, equal in amount to the principal
amount of the Note;
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"Issuer" and "City" shall mean the City of Dubuque, Iowa;
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"Note" shall mean $3,200,000 Sewer Revenue Capital Loan Notes Anticipation
Project Note, Series 2009, authorized to be issued by this Resolution;
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"Original Purchaser" shall mean the Iowa Finance Authority, as the purchaser of
the Note from Issuer at the time of its original issuance;
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"Paying Agent" shall be the City Treasurer, or such successor as may be
approved by Issuer as provided herein and who shall carry out the duties prescribed herein
as Issuer's agent to provide for the payment of principal of and interest on the Notes as the
same shall become due;
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"Permitted Investments" shall mean:
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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;
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cash (insured at all times by the Federal Deposit Insurance Corporation or
otherwise collateralized with obligations described in the above paragraph);
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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
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repurchase agreements whose underlying collateral consists of the
investments set out above if the Issuer takes delivery of the collateral either directly or
through an authorized custodian. Repurchase agreements do not include reverse
repurchase agreements;
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senior debt obligations rated "AAA" by Standard & Poor's Corporation (S&P)
or "Aaa" by Moody's Investors Service Inc. (Moody's) issued by the Federal National
Mortgage Association or the Federal Home Loan Mortgage Corporation;
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U.S. dollar denominated deposit accounts, federal funds and banker's
acceptances with domestic commercial banks which have a rating on their short-term
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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);
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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;
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investments in a money market fund rated "AAAm" or "AAAm-G" or better by
S&P;
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pre-refunded Municipal Obligations, defined as any bonds or other obligations
of any state of the United States of America or of any agency, instrumentality or local
governmental unit of any such state which are not callable at the option of the obligor
prior to maturity or as to which irrevocable instructions have been given by the obligor to
call on the date specified in the notice; and (a) which are rated, based on an irrevocable
escrow account or fund (the "escrow"), in the highest rating category of S&P or Moody's
or any successors thereto; or (b)(i) which are fully secured as to principal and interest
and redemption premium, if any, by an escrow consisting only of cash or direct
obligations of the Department of the Treasury of the United States of America, which
escrow may be applied only to the payment of such principal of and interest and
redemption premium, if any, on such bonds or other obligations on the maturity date or
dates thereof or the specified redemption date or dates pursuant to such irrevocable
instructions, as appropriate; and (ii) which escrow is sufficient, as verified by a nationally
recognized independent certified public accountant, to pay principal of and interest and
redemption premium, if any, on the bonds or other obligations described in this
paragraph on the maturity date or dates specified in the irrevocable instructions referred
to above, as appropriate;
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tax exempt bonds as defined and permitted by section 148 of the Internal
Revenue Code and applicable regulations and only if rated within the two highest
classifications as established by at least one of the standard rating services approved
by the superintendent of banking by rule adopted pursuant to chapter 17A Code of
Iowa;
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an investment contract rated within the two highest classifications as
established by at least one of the standard rating services approved by the
superintendent of banking by rule adopted pursuant to chapter 17A Code of Iowa; and
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Iowa Public Agency Investment Trust.
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"Program" shall mean the Iowa Water Pollution Control Works Financing
Program undertaken by the Original Purchaser;
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"Project" shall mean the costs of acquisition, construction, reconstruction,
extending, remodeling, improving, repairing and equipping of the System, including those costs
associated with design engineering and construction for upgrades to the Water Pollution
Control Plant and implementation of the results of the Water Pollution Control Plant Study;
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"Project Costs" shall mean all engineering fees, archeological surveys,
environmental studies, and fees related to a project plan preparation and submission, and
other expenses incidental thereto, and also including the costs of issuance of the Note.
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"Project Fund" shall mean the Project Fund established by Section 6 of this
Resolution.
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"Registrar" shall be the City Treasurer, or such successor as may be approved
by Issuer as provided herein and who shall carry out the duties prescribed herein with respect
to maintaining a register of the owners of the Note. Unless otherwise specified, the Registrar
shall also act as Transfer Agent for the Note;
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"System" shall mean the municipal sewer utility of the Issuer and all properties of
every nature hereinafter owned by the Issuer comprising part of or used as a part of the
System, including all wastewater treatment facilities, sanitary sewers, force mains, pumping
stations and all related property and improvements and extensions made by Issuer while the
Note remains outstanding; all real and personal property; and all appurtenances, contracts,
leases, franchises and other intangibles;
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"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 Note
issued hereunder.
Section 2. Authority. The Agreement and the Note authorized by this Resolution shall be
issued pursuant to Section 76.13 of the Code of Iowa, and in compliance with all applicable
provisions of the Constitution and laws of the State of Iowa. The Agreement shall be
substantially in the form [provided with] this Resolution and is authorized to be executed and
issued on behalf of the Issuer by the Mayor and attested by the City Clerk.
Section 3. Note Details, Execution, Redemption and Registration.
a. Note Details. The Note shall be designated a Sewer Revenue Capital Loan
Notes Anticipation Project Note, be dated the date of delivery, in the denomination of
$1,000 or multiples thereof, and shall at the request of the Original Purchaser be initially
issued as a single Note in the denomination of $3,200,000 and numbered R-1. The
Note shall not bear interest (0%), and shall mature three years from issuance. The City
Council hereby finds and determines that it is necessary and advisable to issue said
Note pursuant to Section 76.13 of the Code of Iowa, as authorized by the Agreement
and this Resolution.
b. Execution. The Note shall be executed by the manual or facsimile signature of
the Mayor and attested by the manual or facsimile signature of the Clerk, and
impressed or imprinted with the seal of the City and shall be fully registered as to both
principal and interest as provided in this Resolution; principal, interest and premium, if
any, shall be payable at the office of the Paying Agent by mailing of a check, wire
transfer or automated clearing house system transfer to the registered owner of the
Note.
c. Redemption. The Note may be called for redemption by the Issuer and paid
before maturity on any date, from any funds regardless of source, in whole or from time
to time in part, in order of maturity and within an annual maturity by lot.
Notice of redemption shall be given by U.S. mail to the Original Purchaser (or any other
registered owner of the Note). The terms of redemption shall be par, plus accrued
interest to date of call. Failure to give such notice by mail to any registered owner or any
defect therein shall not affect the validity of any proceedings for the redemption of the
Note. The Note is also subject to mandatory redemption to the extent not fully drawn
upon.
d. Registration. The Note may be registered as to principal and interest on the
books of the Note Registrar in the name of the holder and such registration noted on the
Note after which no transfer shall be valid until the making of an entry upon the books
kept for the registration and transfer of ownership of the Note, and in no other way. The
City Treasurer is hereby appointed as Note Registrar under the terms of this Resolution.
Registrar shall maintain the books of the Issuer for the registration of ownership of the
Note for the payment of principal of and interest on the Note as provided in this
Resolution. The Note shall be negotiable as provided in Article 8 of the Uniform
Commercial Code subject to the provisions for registration and transfer contained in the
Note and in this Resolution.
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The ownership of any Note may be transferred only upon the Registration Books kept
for the registration and transfer of the Note and only upon surrender thereof at the office
of the Registrar together with an assignment duly executed by the holder or his duly
authorized attorney in fact in such form as shall be satisfactory to the Registrar, along
with the address and social security number or federal employer identification number of
such transferee (or, if registration is to be made in the name of multiple individuals, of all
such transferees). In the event that the address of the registered owner of a Note (other
than a registered owner which is the nominee of the broker or dealer in question) is that
of a broker or dealer, there must be disclosed on the Registration Books the information
pertaining to the registered owner required above. Upon the transfer of any such Note,
a new fully registered Note, of any denomination or denominations permitted by this
Resolution in aggregate principal amount equal to the unmatured and unredeemed
principal amount of such transferred fully registered Note, and bearing interest at the
same rate and maturing on the same date or dates shall be delivered by the Registrar.
In all cases of the transfer of the Note, the Registrar shall register, at the earliest
practicable time, on the Registration Books, the Note, in accordance with the provisions
of this Resolution.
As to any Note, the person in whose name the ownership of the same shall be
registered on the Registration Books of the Registrar shall be deemed and regarded as
the absolute owner thereof for all purposes, and payment of or on account of the
principal of any such Note and the premium, if any, and interest thereon shall be made
only to or upon the order of the registered owner thereof or his legal representative. All
such payments shall be valid and effectual to satisfy and discharge the liability upon
such Note, including the interest thereon, to the extent of the sum or sums so paid.
A Note which has been redeemed shall not be reissued but shall be cancelled by the
Registrar. A Note which is cancelled by the Registrar shall be destroyed and a
Certificate of the destruction thereof shall be furnished promptly to the Issuer; provided
that if the Issuer shall so direct, the Registrar shall forward the cancelled Note to the
Issuer.
In the event any payment check representing payment of principal of or interest on
the Note is returned to the Paying Agent or if any note is not presented for payment of
principal at the maturity or redemption date, if funds sufficient to pay such principal of or
interest on Note 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 Note 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 Note who shall
thereafter be restricted exclusively to such funds for any claim of whatever nature on his
part under this Resolution or on, or with respect to, such interest or Note. The Paying
Agent's obligation to hold such funds shall continue for a period equal to two years and
six months following the date on which such interest or principal became due, whether
at maturity, or at the date fixed for redemption thereof, or otherwise, at which time the
Paying Agent shall surrender any remaining funds so held to the Issuer, whereupon any
claim under this Resolution by the Owners of such interest or Notes of whatever nature
shall be made upon the Issuer.
Section 4. Form of Note. The form of Note shall be substantially as [provided].
Section 5. Security for Note. The Note shall be payable solely from the Project Fund. To pay
the principal on the Note when it becomes due, there is hereby created a pledge of the
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receipts anticipated in said Project Fund to continue until the payment in full of the principal on
the Note.
Section 6. Establishment of Project Fund. The Issuer hereby creates and establishes a
Project Fund, into which Project Fund are hereby appropriated the following:
Proceeds of not to exceed $3,500,000 Sewer Revenue Capital Loan Notes,
additional action for the issuance of which previously has been taken and
approved by the City Council
The funds so appropriated shall include in addition thereto all funds of the Issuer, including
proceeds realized on the reinvestment of proceeds of the Note, from which the Issuer is or
may become obligated to pay under contracts for the construction of the Project to the extent
that proceeds of the Note are applied to the payment thereof.
Section 7. Application of Project Fund. The proceeds of the sale of the Note shall be
deposited in the Project Fund for application to payment of Project Costs and the costs of
issuance of the Note or to pay the principal of the Note when due and for no other purpose.
Disbursements for the payment of Project Costs shall be made by the City Clerk upon
receipt of vouchers approved by the Governing Body.
After completion of the Project, any moneys remaining in the Project Fund shall be held for
the retirement of Note. When the Note is paid or payment is provided for, remaining moneys in
the Project Fund may be withdrawn and used for any lawful purpose.
Section 8. Investments. Moneys in the Project Fund shall at all times be invested, to the
extent practicable in Permitted Investments maturing at such times and in such amounts as will
make cash available for the purposes of such Project Fund as needed.
Section 9. Covenants with Noteholders. Issuer covenants and agrees, so long as any Notes
herein authorized remain unpaid, that it:
A. Will proceed to complete with all practicable dispatch the construction and
acquisition of the Project;
B. Will not make or cause or permit to be made any application of the proceeds of the
Note or of any moneys held in the Project Fund, except in accordance with the
provisions of this Resolution;
C. Will from time to time increase the amount of the appropriations to the Project Fund,
to the extent necessary to assure that the expected receipts thereafter forthcoming,
together with the funds appropriated and held in trust for the purpose, will be
sufficient to pay when due the Note as to both principal and interest.
D. Will obtain the collection of funds and the proceeds of the sale of sewer revenue
capital loan notes anticipated to be received in the Project Fund and, if not paid from
other sources, apply the same to the payment of the Note and interest thereon; and
E. For the prompt and full performance of the terms and provisions of this Resolution
and contract with the Noteholder, the Issuer pledges its full faith and diligence and
the exercise of its lawful powers.
Section 10. Contract Between Issuer and Purchaser. This Resolution constitutes a contract
between the Issuer and the purchaser of the Note.
Section 11. Additional Notes. The Issuer may issue Additional Project Notes of equal
standing and parity of lien with the Note for the purpose of paying Project Costs to the extent
that funds appropriated to the Project Fund are adequate to pay all notes so issued and
interest thereon.
The holder or holders of the Notes shall have all other rights and remedies given by law for
the payment and enforcement of the Notes and the security therefore.
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Section 12. Severability Clause. If any section, paragraph, clause or provision of this
Resolution be held invalid, such invalidity shall not affect any of the remaining provisions
hereof, and this Resolution shall become effective immediately upon its passage and approval.
Section 13. Repeal of Conflicting Resolutions or Ordinances. All ordinances and resolutions
and parts of ordinances and resolutions in conflict herewith are hereby repealed.
Section 14. Paragraph Headings. The paragraph headings in this Resolution are furnished
for convenience of reference only and shall not be considered to be a part of this Resolution.
Section 15. Rule of Construction. This Resolution and the terms and conditions of the Notes
authorized hereby shall be construed whenever possible so as not to conflict with the terms
and conditions of the Interim Loan and Disbursement Agreement. In the event such
construction is not possible, or in the event of any conflict or inconsistency between the terms
hereof and those of the Interim Loan and Disbursement Agreement, the terms of the Interim
Loan and Disbursement Agreement shall prevail and be given effect to the extent necessary to
resolve any such conflict or inconsistency.
Passed and approved this 2nd day of March, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Alcohol Compliance – Civil Penalties for Alcohol License Holders: City Manager
recommending approval of the Acknowledgement/Settlement Agreements for a first offense
alcohol compliance violation for Fat Tuesdays and The Lounge. Upon motion the documents
were received, filed, and approved.
Dubuque Stamping and Manufacturing, Inc. – Development Agreement: City Manager
recommending approval of a Development Agreement with Dubuque Stamping and
Manufacturing, Inc., who will be expanding their operation at the Jackson Street facility, adding
10 new jobs and retaining 161 positions. Motion by Connors to receive and file the documents
and adopt Resolution No. 80-09 Approving a Development Agreement for the expansion of
Dubuque Stamping and Manufacturing, Inc., at the Jackson Street facility. Seconded by Braig.
Connors recognized the efforts of Dubuque Stamping to expand locally. Motion carried 7-0.
RESOLUTION NO. 80-09
APPROVING A DEVELOPMENT AGREEMENT FOR THE EXPANSION OF DUBUQUE
STAMPING & MANUFACTURING, INC. AT THE JACKSON STREET FACILITY.
Whereas, it is the determination of this Council that approval of the Development Agreement
for the expansion of Dubuque Stamp’s operations in Dubuque according to the terms and
conditions set out in the Development Agreement is in the public interest of the City of
Dubuque.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Development Agreement with Dubuque Stamp is hereby accepted and
approved.
Section 2. That the Mayor is hereby authorized to execute, on behalf of the City Council of
the City of Dubuque, Iowa, the attached Development Agreement with Dubuque Stamp.
nd
Passed, approved and adopted this 2 day of March, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Community Economic Betterment Account Contract (CEBA) – Morrison Bros.: City Manager
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recommending approval of a contract among the Iowa Department of Economic Development
and Morrison Brothers for Community Economic Betterment Account Program (CEBA) and
Enterprise Zone benefits for their expansion that will retain 97 jobs and create 10 new
positions. Motion by Connors to receive and file the documents and adopt Resolution No. 81-
09 Approving a contract with the Iowa Department of Economic Development and Morrison
Bros. Co. for Community Economic Betterment Account (CEBA) and Enterprise Zone (EZ)
benefits on behalf of Morrison Bros. Co. Seconded by Braig. Connors recognized the efforts of
Morrison Bros. to expand locally. Motion carried 7-0.
RESOLUTION NO. 81-09
APPROVING A CONTRACT WITH THE IOWA DEPARTMENT OF ECONOMIC
DEVELOPMENT AND MORRISON BROS. CO. FOR COMMUNITY ECONOMIC
BETTERMENT ACCOUNT (CEBA) AND ENTERPRISE ZONE (EZ) BENEFITS ON BEHALF
OF MORRISON BROS. CO.
Whereas, Morrison Bros. Co. has proposed the expansion of its operations in Dubuque,
Iowa; and
Whereas, the City Council of Dubuque, Iowa has considered said proposal and has
determined that the proposed project will contribute to the local economy through the creation
of 10 new jobs for area residents; and
Whereas, the Iowa Department of Economic Development's Community Economic
Betterment Account (CEBA) was designed to assist in the economic development efforts of
local jurisdictions; and
Whereas, the Iowa Department of Economic Development's Enterprise Zone (EZ) program
encourages investment in distressed census tracts in the community.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That a contract for Community Economic Betterment Account and Enterprise
Zone benefits for Morrison Bros. Co. is hereby approved.
Section 2. That the Mayor is hereby authorized to execute the contract and deliver to the
Iowa Department of Economic Development together with such documents as may be
required.
nd
Passed, approved, and adopted this 2 day of March, 2009.
Roy D. Buol, Mayor
Attest: Jeanne Schneider, CMC, City Clerk
Voluntary Termination of Prudential Financial, Inc. CEBA Contract: City Manager
recommending approval of a voluntary termination agreement with Prudential Insurance
Company relieving them of the commitment to create 69 additional positions in Dubuque. Upon
motion the documents were received, filed, and approved.
Cooper Development Company, LLC: City Manager recommending approval of a request
from Cooper Development Company, LLC, to defer payments on the existing loans and the
2008 parking lot agreement to January 1, 2010. Upon motion the documents were received,
filed, and approved.
Dubuque Racing Association – Lump Sum Principal Payments: City Manager
recommending approval of a request from Jesús Avilés, Dubuque Racing Association, to pay
down the principal on two existing loans for the period April 2009 to November 2010, saving
the DRA about $362,218. Upon motion the documents were received, filed, and approved.
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Dubuque Racing Association – Line of Credit: City Manager recommending approval of a
request from Jesús Avilés, Dubuque Racing Association, to establish a line of credit with
American Trust and Savings Bank to fund the Dubuque Greyhound Park & Casino remodeling
project. Upon motion the documents were received, filed, and approved.
Legislative Correspondence: Communication of the City Manager to area legislators urging
opposition to House File 83 and Senate File 61 as the bills presume that cancer is a disease
contracted while on active duty as a firefighter. Upon motion the documents were received and
filed.
Prosperity Eastern Iowa – Letter of Support: City Manager submitting a Letter of Support for
Prosperity Eastern Iowa’s Iowa Department of Economic Development grant application to
continue to enhance the Accessmyfuture.com web site. Upon motion the documents were
received and filed.
Players Sports Bar – Liquor License Renewal: City Manager recommending approval of the
annual liquor license renewal for Players Sports Bar, 1902 Central Avenue. Upon motion the
documents were received and filed and Resolution No. 82-09 Granting the issuance of a Class
“C” Beer/Liquor License to Players Sports Bar was adopted.
RESOLUTION NO. 82-09
Whereas, applications for Liquor Licenses have been submitted to this 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 State Laws and all City Ordinances relevant thereto and they have filed proper
bonds.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause to be issued the following named applicants a
Liquor License.
CLASS “C” BEER/LIQUOR LICENSE
L & L Investment Co. Players Sports Bar+(Sunday Sale) 1902 Central Avenue
Passed, approved and adopted this 2nd day of March, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Liquor License Applications: City Manager recommending approval of annual liquor license
renewals as submitted. Upon motion the documents were received and filed and Resolution
No. 83-09 Granting the issuance of a Class “C” Beer Permit to Hy-Vee Gas #4 and Econo
Foods #471 and Resolution No. 84-09 Granting the issuance of a Class “C” Beer/Liquor
License to Bulldog Billiards, Bunker Hill Golf Course, and Yardarm Restaurant; a Class “B”
Wine Permit to Econo Foods #471; and a Class “WBN” Native Wine Permit to Hy-Vee Gas #3
were adopted.
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RESOLUTION NO. 83-09
Whereas, applications for Beer Permits have been submitted and filed to this 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 have filed proper bonds.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause to be issued the following named applicants a
Beer Permit.
CLASS “C” BEER PERMIT
Hy-Vee, Inc. Hy-Vee Gas # 3 +(Sunday Sale) 300 Locust Street
Nash Finch Company Econo Foods # 471+(Sunday Sale) 3355 JFK Road
Passed, approved and adopted this 2nd day of March, 2009
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 84-09
Whereas, applications for Liquor Licenses have been submitted to this 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 State Laws and all City Ordinances relevant thereto and they have filed proper
bonds.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause to be issued the following named applicants a
Liquor License.
CLASS “C” BEER/LIQUOR LICENSE
Bulldog Billiards, Inc. Bulldog Billiards+(Sunday Sale) 1850 Central Avenue
City of Dubuque Bunker Hill Golf Course 2200 Bunker Hill Road
+(Sunday/Outdoor Sale)
The Yardarm, Inc. Yardarm Restaurant+(Sunday/Outdoor Sale) 1201 Shiras Ext.
CLASS “B” WINE
Nash Finch Company Econo Foods #471 3355 JFK Road
CLASS “WBN” NATIVE WINE
Hy-Vee, Inc. Hy-Vee Gas #3 300 Locust Street
Passed, approved and adopted this 2nd day of March, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
ITEMS TO BE 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 Jones. Motion carried 7-0.
Excess Right-of-Way – Old Mill Road and Manson Road: City Manager recommending that
a public hearing be set for March 16, 2009 to consider disposing of the City’s interest in excess
right-of-way purchased for the reconstruction of Kelly Lane. Upon motion the documents were
received and filed and Resolution No. 85-09 Resolution of intent to vacate and dispose of City
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interest in Lot 1 of Old Mill Place No. 3 in the City of Dubuque, Dubuque County, Iowa, and
abutting Old Mill Road roadway easement was adopted setting a public hearing for a meeting
to commence at 6:30 p.m. on March 16, 2009 in the Historic Federal Building.
RESOLUTION NO. 85-09
RESOLUTION OF INTENT TO VACATE AND DISPOSE OF CITY INTEREST IN LOT 1 OF
OLD MILL PLACE NO. 3 IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA AND
ABUTTING OLD MILL ROAD ROADWAY EASEMENT
Whereas, Rockdale Methodist Church has requested the vacating and disposal of portions
of Old Mill Road and Manson Road; and
Whereas, IIW Engineers & Surveyors, PC has prepared and submitted to the City Council a
plat showing the vacated portions of excess rights-of-way and easements of Old Mill Road and
Manson Road and assigned a lot number thereto, which hereinafter shall be known and
described as Lot 1 of Old Mill Place No. 3 in the City of Dubuque, Dubuque County, Iowa,
should be approved.
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 1 of
Old Mill Place No. 3 in the City of Dubuque, Dubuque County, Iowa and abutting Old Mill Road
roadway easement as shown on the plat thereof.
Section 2. That the conveyance of Lot 1 of Old Mill Place No. 3 in the City of Dubuque,
Dubuque County, Iowa, to Rockdale Methodist Church be contingent upon the payment of
$300.00, plus surveying, platting, publication, and filing fees.
Section 3. The City reserves unto itself a perpetual easement including the right of ingress
and egress thereto, for the purpose of erecting, installing, constructing, reconstructing,
repairing, owning, operating, and maintaining water, sewer, drainage, gas, telephone,
television cable, fiber optics, and electric lines as may be authorized by the City of Dubuque,
Iowa, as shown on the plat of said Lot 1.
Section 4. 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.
nd
Passed, approved and adopted this 2 day of March, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Kephart Building Improvement Project: City Manager recommending initiation of the public
bidding process for the Kephart Building Improvement Project and that a public hearing be set
for March 16, 2009, to consider approval of the plans and specifications, form of contract and
estimated cost. Upon motion the documents were received and filed and Resolution No. 86-09
Preliminary approval of plans, specifications, form of contract, and estimated cost, setting date
of public hearing and ordering bids for the Kephart Building Improvement Project was adopted
setting a public hearing for a meeting to commence at 6:30 p.m. on March 16, 2009 in the
Historic Federal Building.
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RESOLUTION NO. 86-09
KEPHART BUILDING IMPROVEMENT PROJECT
PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND
ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS,
SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE
ADVERTISEMENT FOR BIDS
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The proposed plans, specifications, form of contract and estimated cost for the Kephart
Building Improvement Project, in the estimated amount $833,714, are hereby preliminarily
approved and ordered filed in the office of the City Clerk for public inspection.
th
A public hearing will be held on the 16 day of March, 2009, 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 estimated cost
of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the
time and place of such hearing to be published in a newspaper having general circulation in
the City of Dubuque, Iowa, which notice shall be published not less than four days nor more
than twenty days prior to the date of such hearing. At the hearing, any interested person may
appear and file objections to the proposed plans, specifications, form of contract, or estimated
cost of the Project.
The Kephart Building Improvement Project is hereby ordered to be advertised for bids for
construction.
The amount of the security to accompany each bid shall be in an amount which shall
conform to the provisions of the Notice to Bidders hereby approved.
The City Clerk is hereby directed to advertise for bids for the construction of the
improvements herein provided, by publishing the attached Notice to Bidders to be published in
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 date for filing bids
st
before 2:00 p.m. on the 31 day of March, 2009. Bids shall be opened and read by the City
Clerk at said time and will be submitted to the City Council for final action at 6:30 p.m. on the
th
6 day of April, 2009, in the Historic Federal Building Council Chambers (second floor), 350
th
West 6 Street, Dubuque, Iowa.
nd
Passed, adopted and approved this 2 day of March, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
BOARDS/COMMISSIONS
Applicants were invited to address the City Council regarding their desire to serve on the
following Boards/Commissions: Zoning Board of Adjustment. One 5-year term through March
25, 2014 (Term of Gasper). Applicant: Heath Hutchinson, 221 Bradley Street. Mr. Hutchinson
spoke in support of his appointment.
Appointments to the following Boards/Commissions: Mechanical Code Board. Two 3-year
terms through March 16, 2012 (Terms of Willenborg and Geisler) Background/Experience
requirement). Applicants: David Grothe, 2544 Elm Street; Corey Valaskey, 1787 Lawndale
Street. Motion by Connors to appoint David Grothe and Corey Valaskey to the Mechanical
Code Board for 3-year terms through March 16, 2012. Seconded by Jones. Motion carried 7-0.
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ACTION ITEMS
Southwest Arterial Final Design – Consultant Selection: City Manager recommending
approval of the consultant selection for the Southwest Arterial Final Design Project. Motion by
Lynch to receive and file the documents and adopt Resolution No. 87-09 Approving the
Consultant Professional Services Agreement for final design services for the Southwest
Arterial. Seconded by Connors. Responding to questions by City Council, Van Milligen stated
that cost figures will be negotiated in accordance with the federal and state guidelines that
govern this process. Motion carried 7-0.
RESOLUTION NO. 87-09
APPROVING THE SELECTION OF AECOM AS THE PROFESSIONAL DESIGN SERVICES
CONSULTANT TO COMPLETE THE FINAL ENGINEERING DESIGN PHASE FOR THE
SOUTHWEST ARTERIAL PROJECT
Whereas, the City of Dubuque (City) developed a Request for Proposals (RFP) and solicited
qualified professional consulting firms to complete the final engineering design phase for the
Southwest Arterial Project (Project); and
Whereas, the final engineering design phase for the Project includes final engineering
design, development of construction documents, right-of-way property acquisition services,
and the required archaeological and cultural resource Phase III mitigation; and
Whereas, the consultant selection process was done in accordance with the Iowa
Department of Transportation (Iowa DOT) Consultant Selection Process (I.M. 3.305); and
Whereas, the Consultant Selection Committee selected AECOM of Waterloo, Iowa as the
first-ranked consultant to provide the professional design services for the final engineering
design phase of the Project; and
Whereas, the City of Dubuque (City) will be the lead local public agency responsible for
managing the final engineering design phase.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Council hereby concurs with the Consultant Selection Committee
recommendation of AECOM as the first-ranked consultant and hereby approves AECOM as
the Professional Design Services Consultant to complete the final engineering design phase of
the Southwest Arterial Project (Project).
Section 2. That the City Manager is hereby authorized to negotiate a scope of services and
fee proposal with AECOM, subject to approval of the Iowa Department of Transportation, to
complete the final engineering design, develop construction documents, provide right-of-way
property acquisition services and perform the required archaeological and cultural resource
Phase III mitigation work for the Project.
Section 3. Upon completion of Section 2, the City Manager is hereby authorized to develop
a Consultant Professional Services Agreement with AECOM, subject to approval of the Iowa
Department of Transportation, to complete the final engineering design, develop construction
documents, provide right-of-way property acquisition services and perform the required
archaeological and cultural resource phase III mitigation work for the Project.
Section 4. That the Mayor be authorized and directed to execute three copies of said
Consultant Professional Services Agreement with AECOM to complete the final engineering
design for the Southwest Arterial Project.
nd
Passed, adopted and approved this 2 day of March, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
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Burlington Trailways: City Manager recommending approval of the creation of a service
agreement between the City of Dubuque and Burlington Trailways for lease of a building at
400 Rhomberg Avenue to provide a new ticket sales location for Burlington Trailways. Motion
by Connors to receive and file the documents and approve the recommendation. Seconded by
Jones. Connors thanked residents for welcoming Burlington Trailways into the Northend
neighborhood. Jones thanked staff for finding a good solution. Responding to questions from
Council, Transit Manager Jon Rodocker stated that the monthly/annual terms of the lease have
not yet been determined. Motion carried 7-0.
COUNCIL MEMBER REPORTS
Voetberg stated that with the closing of Isabella’s at the Ryan House, he is looking for a
new, accessible location to conduct one-on-one meetings with his ward’s constituents.
CLOSED SESSION
Motion by Jones at 6:50 p.m. to go into closed session regarding pending Litigation and
Property Acquisition pursuant to Chapter 21.5(1)(c)(j), Code of Iowa. Seconded by Voetberg.
Motion carried 7-0.
Upon motion the City Council reconvened in open session at 7:35 p.m. stating they had
given staff proper direction.
There being no further business, upon motion the City Council adjourned at 7:36 p.m.
/s/Jeanne Schneider, CMC
City Clerk
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