7 6 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 July 6, 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 of the City Council to act upon such
business that may properly come before the City Council.
Pledge of Allegiance
Invocation was provided by Monsignor Wayne Ressler of St. Raphael's Cathedral
PROCLAMATION
Dubuque County Fair Week (July 21 – 26, 2009) was accepted by Jamie Blum, 14742 Highway 20
West.
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as
indicated. Seconded by Voetberg. Connors requested (#7) Purchase of Service Agreement – Every
Childe Every Promise be held for separate discussion. Motion carried 7-0. Item #31 Alcohol
Compliance – Civil Penalty for Alcohol License Holders for Lot 1 was removed from the agenda.
Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of 5/26; Cable TV
Teleprogramming Commission of 5/5; City Council of 6/15, 6/23 and 6/30; Civil Service Commission
of 6/10; Community Development Advisory Commission of 5/27; Housing Commission of 5/26
Library Board of Trustees Update from Meeting of May 28, 2009
Proofs of publication of City Council Proceedings of June 1 and 8, 2009 and List of Claims and
Summary of Revenues for Month Ending May 31, 2009
Upon motion the documents were received and filed.
Notice of Claims/Suits: Edward Beresford for vehicle damage; Kathy Ostrander for property
damage; Hagar Ent, LLC for property damage; Katherine Ann Dietzel for vehicle 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: Susan Craven for vehicle damage; Kathy
Ostrander for property damage; Hagar Ent, LLC for vehicle damage.
City Attorney recommending settlement of the claim of Ed Beresford for vehicle damage.
Upon motion the documents were received and filed and concurred.
Purchase of Service Agreement – America’s River Corporation: City Manager recommending
approval of a Fiscal Year 2010 Purchase of Service Agreement with the America’s River Corporation
in the amount of $10,000. Upon motion the documents were received, filed, and approved.
Purchase of Service Agreement – Dubuque Area Chamber of Commerce Convention and Visitors
Bureau: City Manager recommending approval of a Fiscal Year 2010 Purchase of Service Agreement
with the Dubuque Area Chamber of Commerce Convention and Visitors Bureau in the amount of
$783,654. Upon motion the documents were received, filed, and approved.
Purchase of Service Agreement – Dubuque Area Labor Management Council: City Manager
recommending approval of a Fiscal Year 2010 Purchase of Service Agreement with the Dubuque
Area Labor Management Council in the amount of $30,000. Upon motion the documents were
received, filed, and approved.
Purchase of Service Agreement – Dubuque Main Street: City Manager recommending approval of
a Fiscal Year 2010 Purchase of Service Agreement with Dubuque Main Street in the amount of
$49,276 and $10,000. Upon motion the documents were received, filed, and approved.
Purchase of Service Agreement – Every Child Every Promise: City Manager recommending
approval of a Fiscal Year 2010 Purchase of Service Agreement with Every Child Every Promise in the
amount of $25,000. Upon motion the documents were received, filed, and approved.
Purchase of Service Agreement – Greater Dubuque Development Corporation: City Manager
recommending approval of a Fiscal Year 2010 Purchase of Service Agreement with the Greater
Dubuque Development Corporation in the amount of $95,613 for economic development services,
$100,000 for Destination for Opportunity, $100,000 for Dubuque Works, $35,000 towards a
partnership with Dubuque Initiatives to be used to partially assist in funding a position for Dubuque
area retail expansion services, and $40,000 for marketing commercial and industrial parks owned by
the City. Upon motion the documents were received, filed, and approved.
Purchase of Service Agreement – Helping Services of Northeast Iowa, Inc.: City Manager
recommending approval of a Fiscal Year 2010 Purchase of Service Agreement with Helping Services
of Northeast Iowa, Inc., in the amount of $2,147. Upon motion the documents were received, filed,
and approved.
Purchase of Service Agreement – Hills and Dales Senior Programs: City Manager recommending
approval of a Fiscal Year 2010 Purchase of Service Agreement with Hills and Dales in the amount of
$25,000. Upon motion the documents were received, filed, and approved.
Purchase of Service Agreement – Northeast Iowa Business Accelerator (NIBA) Business Plan: City
Manager recommending approval of a Fiscal Year 2010 Purchase of Service Agreement with
Northeast Iowa Community College in the amount of $5,000 for the Business Accelerator Business
Plan. Upon motion the documents were received, filed, and approved.
Purchase of Service Agreement – Project Concern Foster Grandparent Program: City Manager
recommending approval of a Fiscal Year 2010 Purchase of Service Agreement with Project Concern
in the amount of $6,113 for the Foster Grandparent Program. Upon motion the documents were
received, filed, and approved.
Purchase of Service Agreement – Project Concern Information and Referral and Child Care
Referral: City Manager recommending approval of a Fiscal Year 2010 Purchase of Service
Agreement with Project Concern in the amount of $25,821 to Project Concern, Inc., for the
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Information and Referral Program, plus a payment of $9,098 for the Child Care Resource and
Referral Program. Upon motion the documents were received, filed, and approved.
Purchase of Service Agreement – Retired and Senior Volunteer Program: City Manager
recommending approval of a Fiscal Year 2010 Purchase of Service Agreement with the Retired and
Senior Volunteer Program in the amount of $7,341. Upon motion the documents were received, filed,
and approved.
Purchase of Service Agreement – Substance Abuse Services Center: City Manager
recommending approval of a Fiscal Year 2010 Purchase of Service Agreement with the Substance
Abuse Services Center in the amount of $14,013. Upon motion the documents were received, filed,
and approved.
Purchase of Service Agreement – Washington Tool Library: City Manager recommending approval
of a Fiscal Year 2010 Purchase of Service Agreement with the Washington Tool Library in the
amount of $15,500. Upon motion the documents were received, filed, and approved.
Purchase of Service Agreement – Opening Doors for Emergency Housing: City Manager
recommending approval of a Fiscal Year 2010 Purchase of Service Agreement with Opening Doors in
the amount of $10,000 for emergency and transitional housing. Upon motion the documents were
received, filed, and approved.
Purchase of Service Agreement – Opening Doors (Maria House and Theresa Shelter): City
Manager recommending approval of a Fiscal Year 2010 Purchase of Service Agreement with
Opening Doors in the amount of $5,000 to help provide emergency and transitional housing and
services for women and children at Teresa Shelter and Maria House. Upon motion the documents
were received, filed, and approved.
Purchase of Service Agreement – Operation: New View: City Manager recommending approval of
a Fiscal Year 2010 Purchase of Service Agreement with Operation: New View in the amount of
$18,805. Upon motion the documents were received, filed, and approved.
Purchase of Service Agreement – St. Mark’s Community Center: City Manager recommending
approval of a Fiscal Year 2010 Purchase of Service Agreement with St. Mark’s Community Center in
the amount of $15,000. Upon motion the documents were received, filed, and approved.
Civil Service Commission: Civil Service Commission submitting the certified lists for the positions
of GIS Specialist, Parking System Technician and Engineering Technician. Upon motion the
documents were received and filed and made a Matter of Record.
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June 10, 2009
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of the Code of Iowa, an examination for the position of GIS
Specialist was administered. We hereby certify that the individuals listed below have passed this
written examination and that vacancies for this position should be made from this list and that the list
is good for two (2) years from above date.
GIS SPECIALIST
Jesse E. Bernhardt
Bryan D. Westphal
Monica M. Cotter-Brown
Mary R. Duncan
Derek W. Rieckmann
Darrin D. Homb
Ryan J. Woehl
Joshua R. Hartwig
Respectfully submitted,
James Schilling
Dan White,
Civil Service Commission
June 10, 2009
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of the Code of Iowa, an examination for the position of Parking
System Technician was given on May 6, 2009. We hereby certify that the individuals listed below
have passed this written examination and that vacancies for this position should be made from this
list and that the list is good for two (2) years from above date.
PARKING SYSTEM TECHNICIAN
Steven Connolly Larry Hoppman
Michael Patzner Michael Koster
David Hanson Dana Mentz
Charles Wehrspann James Meisenburg
Bernie Millage Richard Simon
Respectfully submitted,
James Schilling
Dan White,
Civil Service Commission
June 10, 2009
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of the Code of Iowa, an examination for the position of
Engineering Technician was given on May 11, 2009. We hereby certify that the individuals listed
below have passed this written examination and that vacancies for this position should be made from
this list and that the list is good for one (1) year from above date.
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ENGINEERING TECHNICIAN
Todd Irwin Christopher Hebblewhite
David Campbell Travis Pataska
Rebecca Lamm Joseph Malkowsky
Duane Richter Jack Aronofsky
Nathan Steffen Mark Ansay
Daniel Massey Sean Murphy
Mark Ondrashek Eric Peterson
Travis Robertson
Respectfully submitted,
James Schilling
Dan White,
Civil Service Commission
2008 Tax Appeal – Stipulation of Settlement: City Attorney submitting a Stipulation of Settlement in
the 2008 tax assessment appeal of NEZTROP, LLC for a vacant lot located along Highway 20. Upon
motion the documents were received and filed.
2009 Tax Appeal – Stipulation of Settlement: City Attorney correspondence regarding a proposed
settlement of the 2009 tax assessment appeal of NEZTROP, LLC. Upon motion the documents were
received and filed.
Workers’ Compensation Excess Insurance: City Manager recommending approval of the renewal
proposal from Safety National for the City’s workers’ compensation excess insurance. Upon motion
the documents were received, filed, and approved.
Specific and Aggregate Stop Loss Insurance Renewal: City Manager recommending approval of
the renewal rates submitted by Companion Life for the City’s specific and aggregate stop loss
insurance – health and prescription drug plans. Upon motion the documents were received, filed, and
approved.
Urban Renewal Tax Increment Revenue Notes – 40 Main, LLC: City Manager recommending
approval of the issuance of $690,529 in Urban Renewal Tax Increment Revenue Notes to support a
mixed use redevelopment of the building at 40 Main Street by 40 Main, LLC. Upon motion the
documents were received and filed and Resolution No. 210-09 Authorizing and providing for the
issuance of $690,529 Urban Renewal Tax Increment Revenue Notes, Taxable Series 2009 (40 Main
LLC Project) of the City of Dubuque, Iowa, and providing for the securing of such notes for the
purpose of carrying out an urban renewal project in the area of the City of Dubuque, Iowa designated
as the Greater Downtown Urban Renewal District was adopted.
RESOLUTION NO. 210-09
RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $691,617 URBAN
RENEWAL TAX INCREMENT REVENUE NOTES, TAXABLE SERIES 2009 (40 MAIN LLC
PROJECT), OF THE CITY OF DUBUQUE, IOWA, AND PROVIDING FOR THE SECURING OF
SUCH NOTES FOR THE PURPOSE OF CARRYING OUT AN URBAN RENEWAL PROJECT IN
THE AREA OF THE CITY OF DUBUQUE, IOWA DESIGNATED AS THE GREATER DOWNTOWN
URBAN RENEWAL DISTRICT
WHEREAS, the City Council of the City of Dubuque, Iowa (the "City" or the "Issuer") has
heretofore adopted an Amended and Restated Urban Renewal Plan (the "Urban Renewal Plan")
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under which plan there are to be carried out urban renewal project activities in an area designated as
the Greater Downtown Urban Renewal District (the "Project Area"); and
WHEREAS, it is presently estimated that the costs of carrying out the purposes and provisions of
the Urban Renewal Plan for the Project Area, including the purpose set forth in Section 3 hereof,
exceed $700,000, and provisions must now be made by the City to provide for the payment of such
costs by the issuance of Notes; and
WHEREAS, the City has heretofore adopted Ordinances under Section 403.19 of the Code of Iowa
(the "Ordinance"), under which the taxes levied on the taxable property in the Project Area shall be
divided, and a special fund created under the authority of Section 403.19(2) of the Code of Iowa, as
amended (which special fund is hereinafter referred to as the "Greater Downtown Urban Renewal
District Tax Increment Revenue Fund" or "Revenue Fund") which fund was created in order to pay
the principal of and interest on loans, monies advanced to or indebtedness whether funded, refunded,
assumed, or otherwise, including bonds issued under the authority of Section 403.9(1) of the Code of
Iowa, as amended, incurred by the City to finance or refinance in whole or in part urban renewal
project activities undertaken within the Project Area, and pursuant to which Ordinance such Revenue
Fund may be irrevocably pledged by the City for the payment of principal and interest on such
indebtedness; and
WHEREAS, the notice of intention of Issuer to take action for the issuance of not to exceed
$700,000 Urban Renewal Tax Increment Revenue Notes has heretofore been duly published and no
objections to such proposed action have been filed and it is now necessary and advisable that
provisions be made for the issuance of Notes to the amount of $691,617 pursuant to the provisions of
Section 403.9(1) of the Code of Iowa, payable from a portion of the income and proceeds of the
Revenue Fund and other funds of the City derived from or held in connection with the undertaking
and carrying out of the Urban Renewal Plan for the Project Area as described herein.
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. In addition to the defined terms set forth in the preambles hereof, 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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"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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"Corporate Seal" shall mean the official seal of Issuer adopted by the Governing Body;
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"Developer" shall mean 40 Main, LLC, an Iowa limited liability company;
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"Development Agreement" shall mean the Development Agreement dated as of January
15, 2009 by and between the City and the Developer, as amended from time to time;
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"Development Property" shall mean that portion of the Project Area being developed by
the Developer under the terms of the Development Agreement, upon which the Developer has
covenanted to construct the Minimum Improvements, being legally described as set forth in the
Development Agreement;
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"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 consecutive twelve-month
period adopted by the Governing Body or by law as the official accounting period of the Issuer;
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"40 Main, LLC TIF Account" means a separate account to be established within the
Greater Downtown Urban Renewal District Tax Increment Revenue Fund of the City, in which
there shall be deposited all Tax Increments received by the City in respect of the Minimum
Improvements and the Development Property;
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"Governing Body" shall mean the City Council of the City, or its successor in function
with respect to the operation and control of the Project Area;
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"Greater Downtown Urban Renewal District Tax Increment Revenue Fund" or "Revenue
Fund" means the special fund of the City created under the authority of Section 403.19(2) of
the Code of Iowa and the Ordinance, which fund was created in order to pay the principal of
and interest on loans, monies advanced to, or indebtedness, whether funded, refunded,
assumed or otherwise, including bonds or other obligations issued under the authority of
Section 403.19 or 403.12 of the Code of Iowa, incurred by the City to finance or refinance in
whole or in part projects undertaken pursuant to the Urban Renewal Plan for the Project Area;
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"Independent Auditor" shall mean an independent firm of Certified Public Accountants
or the Auditor of State;
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"Issuer" and "City" shall mean the City of Dubuque, Iowa;
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"Minimum Improvements" shall mean the construction of eighteen (18) apartments for
market-rate rental and 7,800 square feet of retail space by the Developer on the Development
Property in accordance with the terms of the Development Agreement;
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"Notes" or "Note" shall mean the $691,617 Urban Renewal Tax Increment Revenue
Note, Taxable Series 2009 (40 Main LLC Project), authorized to be issued by this Resolution;
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"Original Purchaser" shall mean Premier Bank, Dubuque, Iowa, 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 Note as the same shall
become due;
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"Project Area" shall mean the Greater Downtown Urban Renewal District of the Issuer,
as amended from time to time;
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"Project Fund" or "Construction Account" shall mean the fund required to be established
by this Resolution for the deposit of the proceeds of the Note;
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"Registrar" shall be the City Treasurer of Dubuque, Iowa, 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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"Tax Increments" means the property tax revenues divided and made available to the
City for deposit in the Greater Downtown Urban Renewal District Tax Increment Revenue
Fund under the provisions of Section 403.19 of the Code and the Ordinance;
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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 Note authorized by this Resolution shall be issued pursuant to Section
403.9 of the Code of Iowa, and in compliance with all applicable provisions of the Constitution and
laws of the State of Iowa.
Section 3. Authorization, Purpose, Approval of Purchase Agreement and Disbursements. There
are hereby authorized to be issued, one negotiable, serial, fully registered Urban Renewal Tax
Increment Revenue Note, Taxable Series 2009 (40 Main LLC Project), of the City of Dubuque, in the
County of Dubuque, State of Iowa, in the aggregate principal amount of $691,617 for the purpose of
paying costs of aiding in the planning, undertaking and carrying out of urban renewal project activities
under the authority of Chapter 403 of the Code of Iowa and the Amended and Restated Urban
Renewal Plan for the Greater Downtown Urban Renewal District, including those costs associated
with the funding of economic development grants and loans to 40 Main, LLC, an Iowa limited liability
company, under the terms of a Development Agreement dated January 15, 2009 between the City of
Dubuque, Iowa and 40 Main, LLC, as the same may be amended from time to time, and the funding
of related reserves and payment of the costs of issuance of the Notes.
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The Purchase Agreement between the City and the Original Purchaser (the "Purchase
Agreement") is hereby approved in substantially the form presented at this meeting, and the Mayor
and City Clerk are authorized to execute and deliver the same on behalf of the City with such
changes as shall to them, upon the advice of the City Attorney, be necessary or appropriate.
On the date of issuance of the Note, proceeds of the Note in the amount set forth in the
disbursement and repayment schedule attached to the Purchase Agreement shall be drawn upon and
deposited in the Project Fund and held in such fund until disbursed to the Developer in accordance
with the Development Agreement and applied to costs of issuance of the Note. In addition to such
amount, the amounts set forth in said disbursement and repayment schedule shall be withdrawn by
the Treasurer on December 31, 2009, June 30, 2010, December 31, 2010 and June 30, 2011 (in the
respective amounts set forth in the said schedule) and deposited in the Sinking Fund established in
Section 16 hereof and thereafter applied to the payment of interest on the Note on said dates.
Section 4. Source of Payment. As provided and required by Chapter 403 of the Code of Iowa, and
Section 403.9, the Note and interest thereon shall be payable from and secured solely and only by
amounts deposited and held from time to time in the 40 Main LLC TIF Account of the City. The City
hereby covenants and agrees to maintain the Ordinance in force during the term of the Notes and to
apply the Tax Increments collected in respect of the Development Property and the Minimum
Improvements located thereon and allocated to the 40 Main LLC TIF Account to the payment of the
principal of and interest on the Notes. The Notes shall not be payable in any manner from other Tax
Increments collected in respect of other properties within the Project Area or by general taxation or
from any other City funds.
The Notes shall not constitute an indebtedness within the meaning of any statutory debt limitation
or restriction and shall not be subject to the provisions of any other law relating to the authorization,
issuance or sale of notes.
The Notes shall recite in substance that they have been issued by the City in connection with an
urban renewal project as defined in Chapter 403 of the Code of Iowa, and in any suit, action or
proceeding involving the validity or enforceability of any Note issued hereunder or the security
therefor, such Notes shall be conclusively deemed to have been issued for such purpose and such
project shall be conclusively deemed to have been planned, located and carried out in accordance
with the provisions of Chapter 403 of the Code of Iowa.
Section 5. Note Details. Urban Renewal Tax Increment Revenue Notes of the City in the amount of
$691,617 shall be issued pursuant to the provisions of Section 403.9 of the Code of Iowa for the
aforesaid purpose. The Notes shall be designated "URBAN RENEWAL TAX INCREMENT REVENUE
NOTE, TAXABLE SERIES 2009 (40 MAIN LLC PROJECT)", be dated as of the date of delivery, and
bear interest from the date of disbursement of the proceeds thereof at the rate of 6.50% per annum,
until payment thereof, at the office of the Paying Agent, and shall mature in the principal amounts set
forth on the disbursement and repayment schedule attached to the Purchase Agreement as Exhibit A
and incorporated herein by this reference. As set forth on said schedule, principal shall be payable on
December 31, 2009 and semiannually thereafter on the last business day of June and December of
each year 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 become due
and payable on June 30, 2021.
The Note shall be executed by the manual signature of the Mayor and attested by the manual
signature of the City Clerk, and impressed with the seal of the City and shall be fully registered as to
both principal and interest as provided in this Resolution; principal, interest and premium, if any shall
be payable at the office of the Paying Agent by mailing of a check to the registered owner of the Note.
The Note may be in the denomination of $1,000 or multiples thereof and shall, at the request of the
Original Purchaser, be issued initially as a single Note in the principal amount of $691,617 and
numbered R-1.
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Section 6. Redemption. The principal of 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, by giving thirty days' notice of redemption by registered or certified mail, to the registered
owner of the Note. The terms of redemption shall be par, plus accrued interest to date of call.
Section 7. Registration of Notes; Appointment of Registrar; Transfer; Ownership; Delivery; 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 registration 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 and
Section 384.83(5) of the Code of Iowa, subject to the provisions for registration and transfer
contained in the Notes and in this Resolution.
(b) Transfer. The ownership of any Note may be transferred only upon the Registration
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 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 un-matured 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.
(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 regarded 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 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.
(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 cancelled 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 is not presented for
payment of principal at the maturity or redemption date, if funds sufficient to pay such principal
of or interest on Notes shall have been made available to the Paying Agent for the benefit of
the owner thereof, all liability of the Issuer to the owner thereof for such interest or payment of
such Notes shall forthwith cease, terminate and be completely discharged, and thereupon it
shall be the duty of the Paying Agent to hold such funds, without liability for interest thereon,
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for the benefit of the owner of such Notes who shall thereafter be restricted exclusively to such
funds for any claim of whatever nature on his part under this Resolution or on, or with respect
to, such interest or Notes. The Paying Agent's obligation to hold such funds shall continue for a
period equal to two years 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 8. 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 evidence satisfactory to the Registrar and Issuer that such Note has been
destroyed, stolen 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 9. 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 15th day of the month preceding the
payment date. All such payments shall fully discharge the obligations of the Issuer in respect of such
Notes to the extent of the payments so made. Final payment of principal shall only be made upon
surrender of the Note to the Paying Agent.
Section 10. Execution, Authentication and Delivery of the Notes. Upon the adoption of this
Resolution, the Mayor and 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 entitled to any right or benefit hereunder unless the
Registrar shall duly endorse and execute on such Note a Certificate of Authentication substantially in
the form of the Certificate 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 11. Right to Name Substitute Paying Agent or Registrar. Issuer reserves the right to name
a substitute, successor Registrar or Paying Agent upon giving prompt written notice to each
registered Noteholder.
Section 12. Form of Note. Notes shall be printed in substantial compliance with standards
proposed by the American Standards Institute substantially in the form as [provided].
Principal of this Note shall be disbursed and this Note shall mature in the principal amounts set
forth on the disbursement and repayment schedule attached hereto and incorporated herein by this
reference. As set forth on said schedule, principal shall be payable on December 31, 2009 and
semiannually thereafter on the last business day of June and December of each year 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 become due and payable on June 30, 2021.
Interest and principal shall be paid to the registered holder of the Note as shown on the records of
ownership maintained by the Registrar as of the 15th day of the month next preceding such interest
payment date. Interest shall be computed on the basis of a 360-day year of twelve 30-day months.
THE ISSUER DOES NOT INTEND OR REPRESENT THAT THE INTEREST ON THE NOTE WILL
BE EXCLUDED FROM GROSS INCOME FOR FEDERAL INCOME TAX PURPOSES, AND THE
ISSUER IS NOT OBLIGATED TO TAKE ANY ACTION TO ATTEMPT TO SECURE ANY SUCH
EXCLUSION. THE HOLDER OF THIS NOTE THEREFORE SHOULD TREAT THE INTEREST
THEREON AS BEING SUBJECT TO FEDERAL INCOME TAXATION.
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This Note is issued pursuant to the provisions of Section 403.9 of the Code of Iowa, as amended,
for the purpose of paying costs of aiding in the planning, undertaking and carrying out of urban
renewal project activities under the authority of Chapter 403 of the Code of Iowa and the Amended
and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District, including those
costs associated with the funding of economic development grants and loans to 40 Main, LLC, an
Iowa limited liability company, under the terms of a Development Agreement dated January 15, 2009
between the City of Dubuque, Iowa and 40 Main, LLC, as the same may be amended from time to
time, and the funding of related reserves and payment of the costs of issuance of the Notes, in
conformity to a Resolution of the Council of said City duly passed and approved (the "Resolution").
This Note is not an indebtedness within the meaning of any statutory provisions, or a general
obligation of the City.
This 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, by giving thirty days' notice of
redemption by registered or certified mail, to the registered owner of the Note. The terms of
redemption shall be par, plus accrued interest to date of call.
Ownership of this Note may be transferred only by transfer upon the books kept for such purpose
by the City Treasurer, the Registrar. Such transfer on the books shall occur only upon presentation
and surrender of this Note at the office of the Registrar, together with an assignment duly executed by
the owner hereof or his duly authorized attorney in the form as shall be satisfactory to the Registrar.
Issuer reserves the right to substitute the Registrar and Paying Agent but shall, however, promptly
give notice to registered Noteholders of such change. All Notes shall be negotiable as provided in
Article 8 of the Uniform Commercial Code and Section 384.83(5) of the Code of Iowa, subject to the
provisions for registration and transfer contained in the Note Resolution.
This Note, as provided in the Resolution of which notice is hereby given and is hereby made a part
hereof, is payable from and secured solely and only by a pledge of the tax increment revenues
("incremental taxes") collected in respect of certain Development Property and Minimum
Improvements constructed thereon, as defined and provided in said Resolution, which are located
within the Greater Downtown Urban Renewal District (the "Project Area") as referred to and
authorized in subsection 2 of Section 403.19 of the Code of Iowa, as amended. There has heretofore
been established and the City covenants and agrees that it will maintain in force an ordinance
providing for the division of incremental taxes within the Project Area and for the establishment of a
sinking fund to meet the principal of and interest on this Note as the same becomes due. This Note is
not payable in any manner from incremental taxes collected in respect of other properties within the
Project Area or by general taxation and under no circumstances shall the City be in any manner liable
by reason of the failure of the pledged tax increment revenues to be sufficient for the payment hereof.
And it is hereby represented and certified that all acts, conditions and things requisite, according to
the laws and Constitution of the State of Iowa, to exist, to be had, to be done, or to be performed
precedent to the lawful issue of this Note, have been existent, had, done and performed as required
by law.
IN TESTIMONY WHEREOF, said City by its City Council has caused this Note to be signed by the
manual signature of its Mayor and attested by the manual signature of its City Clerk, with the seal of
said City impressed hereon, and authenticated by the manual signature of an authorized
representative of the Registrar, the City Treasurer, Dubuque, Iowa.
Section 13. Equality of Lien. The timely payment of principal of and interest on the Notes shall be
secured equally and ratably by the Tax Increments collected and allocated to the 40 Main LLC TIF
Account without priority by reason of number or time of sale or delivery; and the Tax Increments
collected and allocated to the 40 Main LLC TIF Account are hereby irrevocably pledged to the timely
payment of both principal and interest as the same become due.
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Section 14. Application of Note Proceeds. Proceeds of the Note shall be drawn upon and applied
as described in Section 3 hereof. Subject to the limitations contained in Code Section 403.9(1) any
amounts on hand in the Project Fund shall be available for the payment of the principal of or interest
on the Note at any time that other funds shall be insufficient to the purpose, in which event such funds
shall be repaid to the Project Fund at the earliest opportunity. Any balance on hand in the Project
Fund and not immediately required for its purposes may be invested not inconsistent with limitations
provided by law or this Resolution.
Section 15. Tax Levy. After its adoption, a copy of this Resolution shall be filed in the office of the
County Auditor of Dubuque County to evidence the pledging of a portion of the Greater Downtown
Urban Renewal District Tax Increment Revenue Fund and the portion of taxes to be paid into the 40
Main LLC TIF Account and, pursuant to the direction of Section 403.19 of the Code of Iowa, the
Auditor shall thereafter allocate the taxes in accordance therewith and in accordance with the
Ordinance referred to in the preamble hereof.
It is hereby certified that the annual amount of Tax Increments to be collected in respect of the
Development Property and the Minimum Improvements located thereon pursuant to Section
403.19(2) of the Code of Iowa shall be not less than the annual requirement for principal and interest
on the Note, as follows:
Amount of Principal Fiscal Year (July 1 to June 30)
and Interest Year of Collection
$40,696 2009/2010
43,422 2010/2011
95,559 2011/2012
95,559 2012/2013
95,559 2013/2014
95,559 2014/2015
95,559 2015/2016
95,559 2016/2017
95,559 2017/2018
95,559 2018/2019
95,559 2019/2020
95,559 2020/2021
Section 16. Application of Revenues. From and after the delivery of the Note, and as long as the
Note shall be outstanding and unpaid either as to principal or as to interest, or until the Note shall
have been discharged and satisfied in the manner provided in this Resolution, the Tax Increments
collected in respect of the Development Property and the Minimum Improvements located thereon
shall be deposited as collected in the 40 Main LLC TIF Account and shall be disbursed only as
follows:
(a) Sinking Fund. There is hereby established and shall be maintained a special fund within
the 40 Main LLC TIF Account from which interest and principal on the Note will be paid. The
fund shall be known as the 40 Main LLC Principal and Interest Fund (the "Sinking Fund"). The
amount to be deposited in the Sinking Fund in any year shall be an amount equal to the
interest and principal coming due on such Note during the fiscal year. Money shall be first
deposited into the Interest Account of the Sinking Fund to an amount equal to the interest
falling due in each fiscal year. Money shall next be deposited into the Principal Account of the
Sinking Fund to an amount equal to the principal falling due in each fiscal year. Money in the
Sinking Fund shall be used solely for the purpose of paying principal of and interest on the
Note, as the same shall become due and payable.
(b) Surplus Revenue. All revenues thereafter remaining in the 40 Main LLC TIF Account
shall be deposited to remedy any deficiency in any of the funds created by this Resolution, or
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may be used to pay or reimburse the Issuer for other loans, moneys advanced to or
indebtedness incurred to finance or refinance in whole or in part the project of the Developer,
as permitted by law, or may be used to pay or redeem the Notes or for any other lawful
purpose.
Moneys on hand in the Project Fund and all of the funds provided by this Section may be
invested only in direct obligations of the United States Government or deposited in financial
institutions which are members of the Federal Deposit Insurance Corporation ("FDIC") and the
deposits in which are insured thereby and all such deposits exceeding the maximum amount
insured from time to time by FDIC or its equivalent successor in any one financial institution
shall be continuously secured by a valid pledge of direct obligations of the United States
Government having an equivalent market value. Alternatively, such moneys may be invested
in tax-exempt bonds or obligations of any state or political subdivision thereof which are rated
by Moody's Investors Service or Standard & Poor's Corporation at a rating classification equal
to or better than the rating carried by the Notes or, in the case of short-term obligations, a
rating of MIG-1, S&P-1 or better. All such interim investments shall mature before the date on
which the moneys are required for the purposes for which said fund was created or otherwise
as herein provided. The provisions of this Section shall not be construed to require the Issuer
to maintain separate bank accounts for the funds created by this Section; except the Sinking
Fund shall be maintained in a separate account but may be invested in conjunction with other
funds of the City but designated as a trust fund on the books and records of the City.
All income derived from such investments shall be deposited in the 40 Main LLC TIF Account
and shall be regarded as revenues thereof. Such investments shall at any time necessary be
liquidated and the proceeds thereof applied to the purpose for which the respective fund was created.
Section 17. Covenants Regarding the Operation of the Project Area. The Issuer hereby covenants
and agrees with each and every holder of the Notes:
(a) Maintenance in Force. The Issuer will maintain the Urban Renewal Plan and the
Ordinance in force and will cause the incremental taxes from the Development Property and
Minimum Improvements to be levied annually and certified to the County Auditor in an amount
not less than the principal and interest falling due within the year, and applied as provided in
this Resolution, unless the Notes are paid or sufficient provision for their payment is made.
Provided, however, that to the extent that amounts are on hand and are sufficient to meet the
payments required to be made and to maintain a sufficient balance in each fund as required by
this Resolution, the Issuer may abate the levy of incremental taxes in any year.
(b) Accounting and Audits. The Issuer will cause to be kept proper books and accounts
adapted to the Project Area and in accordance with generally accepted accounting practices,
and will cause the books and accounts to be audited annually not later than 180 days after the
end of each fiscal year by an Independent Auditor and will provide copies of the audit report to
the Original Purchaser upon request. The Original Purchaser and holders of any of the Notes
shall have at all reasonable times the right to inspect the Issuer's records, accounts and data
of the Issuer relating to the Revenue Fund or the 40 Main LLC TIF Account.
(c) State Laws. The Issuer will faithfully and punctually perform all duties with reference to
the Urban Renewal Plan required by the Constitution and laws of the State of Iowa, and will
segregate the revenues of the Project Area and apply said revenues to the funds as specified
in this Resolution.
(d) Amendments. The Issuer reserves the right to amend the Urban Renewal Plan for the
Project Area and the Ordinance in its lawful discretion; provided, that in no event shall
obligations resulting from an amendment or merger thereof have any priority over the Note.
Section 18. Remedies of Noteholders. Except as herein expressly limited the holder or holders of
the Notes shall have and possess all the rights of action and remedies afforded by the common law,
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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 19. No Prior Lien or Parity Notes. The Issuer will issue no other bonds or obligations of any
kind or nature payable from or enjoying a lien or claim on the property or revenues of the 40 Main
LLC TIF Account having priority over the Note or standing on a parity therewith with respect to the
lien and claim of such additional obligations to the revenues thereof and the money on deposit in the
funds created in this Resolution, without the written consent of the Original Purchaser or other
registered holder of the Note. The Issuer reserves the right to issue other obligations payable from
the Tax Increments collected in respect of other properties within the Project Area, without notice to
or consent of the Original Purchaser.
Section 20. 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 Note in any one or more of the following ways:
(a) By paying the Note when the same shall become due and payable; or
(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 redemption prior to maturity on a
designated date upon which said obligations may be redeemed, all of such obligations
outstanding at the time, together with the interest thereon 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 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 21. Resolution a Contract. The provisions of this Resolution shall constitute a contract
between the Issuer and the holder or holders of the Note, and after the issuance of any of the Note 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 Note, and
interest due thereon, shall have been satisfied and discharged as provided in this Resolution.
Section 22. Modification of Resolution. 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 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 manner 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 conditions with
respect to such payment;
(b) Materially affect the rights of the holders of less than all of the Notes then outstanding;
and
(c) Reduce the percentage of the principal amount of Notes, the consent of the holders 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 Original Purchaser or to be mailed
by certified mail to any other registered owner of the Note as shown by the records of the Registrar.
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Such notice shall set forth the nature of the proposed amendment and shall state that a copy of the
proposed amendatory Resolution 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 outstanding as in this Section defined, which instrument
or instruments shall refer to the proposed 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.
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 evidencing 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 Section 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.
Section 23. Severability. If any section, paragraph, or provision of this Resolution shall be held to
be invalid or unenforceable for any reason, the invalidity or unenforceability of such section,
paragraph or provision shall not affect any of the remaining provisions.
Section 24. 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 Resolution shall be in effect from and
after its adoption.
Passed and approved this 6th day of July, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Finance and Utility Billing Department Staffing: City Manager recommending approval of changes
to staffing in the Finance and Utility Billing Department. Upon motion the documents were received,
filed, and approved.
AmeriCorps Grant: City Manager recommending approval of the grant agreement with the Iowa
Commission on Volunteer Service for the City of Dubuque AmeriCorps Program. Upon motion the
documents were received, filed, and approved.
McEvoy Street – Plat Approval: City Manager recommending approval of the plats of Lot B and C
of Bonson and Stewart’s Subdivision. Upon motion the documents were received and filed and
Resolution No. 211-09 Approving plat of Lot B of Bonson and Stewart’s Subdivision and Resolution
No. 212-09 Approving plat of Lot C of Bonson and Stewart’s Subdivision were adopted.
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RESOLUTION NO. 211-09
APPROVING PLAT OF LOT B OF BONSON & STEWART’S SUBDIVISION
Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated
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the 20 day of May, 2009, prepared by the Iowa Department of Transportation, describing Lot B of
Bonson & Stewart’s Subdivision; 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:
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Section 1. That the plat dated the 20 day of May, 2009, prepared by the Iowa Department of
Transportation, 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 6 day of July, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 212-09
APPROVING PLAT OF LOT C OF BONSON & STEWART’S SUBDIVISION
Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated
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the 20 day of May, 2009, prepared by the Iowa Department of Transportation, describing Lot C of
Bonson & Stewart’s Subdivision; 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:
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Section 1. That the plat dated the 20 day of May, 2009, prepared by the Iowa Department of
Transportation, 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 6 day of July, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Wellness Program Consultant: City Manager recommending approval of the selection of
Cottingham and Butler Healthceck360 to provide a wellness program for City of Dubuque employees.
Upon motion the documents were received, filed, and approved.
Alcohol Compliance – Civil Penalty for Alcohol License Holders: City Manager recommending
approval of the Acknowledgement/Settlement Agreements for a first offense alcohol compliance
violation for Happy’s Place, Ron’s Discount Smokes & Beverage Center, Dubuque Bowling Lanes,
Road Ranger #159, Europa Haus Restaurant; and to approve the second offense alcohol compliance
violation for Phillip’s 66 – Arby’s. Upon motion the documents were received, filed, and approved.
Tobacco Compliance – Civil Penalty for Tobacco License Holder: City Manager recommending
approval of the Acknowledgement/Settlement Agreements for first offense tobacco compliance
violation for Ron’s Discount Smokes & Beverage Center, a second offense tobacco compliance
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violation for Road Ranger #159, and a third offense tobacco compliance violation for Phillips 66 –
Arby’s; and to accept and approve the Acknowledgement/Settlement Agreement for a third offense
civil penalty for AWN Stop Mart #2 upon payment of the violation. Upon motion the documents were
received, filed, and approved.
Rush Street Reconstruction Project: City Manager recommending acceptance of the construction
contract and the establishment of the Final Schedule of Assessments for the Rush Street
Reconstruction Project – Bryant Street to Villa Street. Upon motion the documents were received and
filed and Resolution No. 213-09 Accepting the Rush Street Reconstruction Project – Bryant Street to
Villa Street and authorizing payment of the contract amount to the contractor and Resolution No. 214-
09 Adopting the final assessment schedule for the Rush Street Reconstruction Project – Bryant Street
to Villa Street were adopted.
RESOLUTION NO. 213-09
ACCEPTING THE RUSH STREET RECONSTRUCTION PROJECT – BRYANT STREET TO VILLA
STREET AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE
CONTRACTOR
Whereas, the Public Improvement Contract for the Rush Street Reconstruction Project - Bryant
Street to Villa Street (the Project) has been completed and the City Engineer 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 Street
Construction Program, Watermain Replacement Program, Street Program Related Sanitary Sewer
Improvements, Rush Street (Bryant to Villa) Storm Sewer Improvements, Fiber Optic Conduit –
Paving Projects appropriations for the contract amount of $1,672,977.64 less any retained
percentage provided for therein as provided in Iowa Code chapter 573, and to pay such retainage
only in accordance with the provisions of Iowa Code chapter 573.
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Passed, approved and adopted this 6 day of July, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE RUSH STREET
RECONSTRUCTION PROJECT – BRYANT STREET TO VILLA STREET
The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has
inspected the Rush Street Reconstruction Project - Bryant Street to Villa Street, that the Project has
been performed in compliance with the terms of the Public Improvement Contract, and that the total
cost of the completed work is $1,861,439.92.
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Dated this 6 day of July, 2009.
Gus Psihoyos, City Engineer
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Filed in the office of the City Clerk on the 1 day of July, 2009.
Jeanne F. Schneider, CMC, City Clerk
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RESOLUTION NO. 214-09
ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR THE RUSH STREET
RECONSTRUCTION PROJECT – BRYANT STREET TO VILLA STREET
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
After full consideration, the Final Schedule of Assessments as shown on the attached sheet(s),
Page 1 to Page 3 inclusive, is hereby approved for the Rush Street Reconstruction Project – Bryant
Street to Villa Street.
There is hereby assessed and levied as a special tax against and upon each of the benefited
properties, the respective sums indicated. The amounts shown in said Final Schedule of
Assessments as deficiencies are found to be proper and levied conditionally against the respective
properties benefited by the improvements as shown in the Final Schedule of Assessments, subject to
the provisions of Iowa Code § 384.63. Said assessments against said lots are hereby declared to be
in proportion to the special benefits conferred and not in excess of twenty-five percent of the value of
same.
The City Clerk be and is hereby directed to certify the Final Schedule of Assessments to the
County Treasurer of Dubuque County, Iowa, and to publish notice of said certification once each
week for two consecutive weeks in the manner provided in Iowa Code § 362.3, the first publication of
which shall be not more than fifteen days from the date of filing of the Final Schedule of
Assessments. On or before the date of the second publication of the notice, the City Clerk shall also
mail a copy of said notice to property owners whose property is subject to assessment, as provided in
Iowa Code § 384.60.
The assessments may be paid in full or in part without interest at the office of the City Treasurer,
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City Hall, 50 W. 13 Street, Dubuque, Iowa, at any time within 30 days after the date of the first notice
of the Final Schedule of Assessments. Thereafter, unpaid assessments of $100.00 or more are
payable in 10 annual installments at the County Treasurer’s Office, Dubuque County Courthouse, 720
Central Avenue, Dubuque, Iowa, and will draw annual interest at nine percent (9%) computed to
December 1 next following the due dates of the respective installments as provided in Section 384.65
of the Code of Iowa. Each installment will be delinquent from October 1 following its due date on July
1 of each year. However, when the last day of September is a Saturday or Sunday, that amount shall
be delinquent from the second business day of October. Delinquent installments will draw the same
delinquent interest as ordinary taxes. Property owners may elect to pay any annual installments semi-
annually in advance.
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Passed, approved and adopted this 6 day of July, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Southwest Arterial – Designation of Acquisition Agent: City Manager recommending approval of
the designation of the City Engineer as the Acquisition Agent for the Southwest Arterial right-of-way
acquisitions. Upon motion the documents were received and filed and Resolution No. 214A-09
Authorizing the City Engineer to execute necessary documents on behalf of the City of Dubuque for
right-of-way property acquisitions for the Southwest Arterial Project was adopted.
RESOLUTION NO. 214A-09
AUTHORIZING THE CITY ENGINEER TO EXECUTE NECESSARY DOCUMENTS ON BEHALF OF
THE CITY OF DUBUQUE FOR RIGHT-OF-WAY PROPERTY ACQUISITIONS FOR THE
SOUTHWEST ARTERIAL PROJECT
Whereas, the City of Dubuque has designated the Southwest Arterial Project (the Project) as the
No. 1 surface transportation priority in the Dubuque area and has commenced the right-of-way
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property acquisition phase on approximately forty-seven (47) impacted properties within the project
corridor for the construction of the Project; and
Whereas, to expedite the acquisition of right-of-way for the Project, the City Council has
determined that the City Engineer should be authorized to execute all necessary documents on
behalf of the City of Dubuque for right-of-way property acquisitions for the Project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA, AS FOLLOWS:
Section 1. The City Engineer is hereby authorized to execute all necessary documents on behalf of
the City of Dubuque with respect to right-of-way property acquisitions for the Southwest Arterial
Project.
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Passed, approved and adopted this 6 day of July, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Project HOPE Contract: City Manager recommending approval of the contract of services with the
Community Foundation of Greater Dubuque to assist in achieving the Project HOPE objectives at the
estimated cost of $65,000, which was included in the FY 2010 budget. Upon motion the documents
were received, filed, and approved.
Economic Development Administration (EDA) Contract Amendment: City Manager recommending
approval of an amendment to the Financial Assistance Award from the Economic Development
Administration (EDA) for the added scope of studying the potential for district energy in the Historic
Millwork District. Upon motion the documents were received and filed and Resolution No. 215-09
Approving a financial assistance award from the Economic Development Administration (EDA) was
adopted.
RESOLUTION NO. 215-09
APPROVING A FINANCIAL ASSISTANCE AWARD FROM THE ECONOMIC DEVELOPMENT
ADMINISTRATION (EDA).
Whereas, the Envision 2010 process chose the Historic Millwork District as one of the top 10
community projects for the City of Dubuque, and
Whereas, the Dubuque Historic Millwork District has been characterized as an important area of
the community for its historical and architectural significance, and
Whereas, property owners of the district and citizens of Dubuque wish to see the Millwork District
revitalized, and
Whereas, it is in the best interests of the City of Dubuque to encourage the revitalization of the
area, and
Whereas, the City has received a additional funds from the Economic Development Administration
to assist in studying the feasibility of a district energy system for the area.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA, AS
FOLLOWS:
Section 1. The attached Amended Financial Assistance Award is hereby approved.
Section 2. The Mayor is hereby allowed to sign the award on behalf of the City.
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Passed, approved and adopted this 6 day of July 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
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Lead Hazard Reduction Grant: City Manager recommending approval of an amendment to the
current Lead Hazard Reduction Program contract to increase the per-unit forgivable loan from $6,000
to $12,000. Upon motion the documents were received, filed, and approved.
Fiscal Year 2010 Community Development Block Grant (CDBG) Agreement: City Manager
recommending approval of the Fiscal Year 2010 Community Development Block Grant (CDBG)
Agreement with the U.S. Department of Housing and Urban Development in the amount of
$1,236,260. Upon motion the documents were received and filed and Resolution No. 216-09
Authorizing execution of a Community Development Block Grant Agreement with the U.S.
Department of Housing and Urban Development was adopted.
RESOLUTION NO. 216-09
AUTHORIZING EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT
WITH THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT.
Whereas, under provisions of Title I of Housing and Community Development Act of 1974, as
amended, the City of Dubuque prepared and submitted an Annual Action Plan for a Community
Development Block Grant; and
Whereas, the submission has been approved by the U.S. Department of Housing and Urban
Development in the amount of $1,236,260 for a twelve month program year commencing July 1, 2009
and ending June 30, 2010; and
Whereas, a grant agreement covering the activities proposed to be carried out with the Community
Development Block Grant funds has been transmitted to the City of Dubuque by the U. S. Department
of Housing and Urban Development.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the Funding Approval/Agreement, authorized by the U.S. Department of Housing
and Urban Development beginning July 1, 2009 for a Community Development Block Grant to the
City of Dubuque in the amount of $1,236,260 and identified as Grant Number B-09-MC-19-0004 is
hereby accepted.
Section 2. That the Mayor of the City of Dubuque be and he is hereby authorized and directed to
execute said Agreement on behalf of the City of Dubuque, Iowa.
th
Passed, approved and adopted this 6 day of July 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
City Manager Employment Agreement: Submittal of the Nineteenth Amendment to the City
Manager’s Employment Agreement for approval. Upon motion the document was received, filed, and
approved.
Bee Branch Creek Restoration Project – Purchase of Property: City Manager recommending
acceptance of the warranty deed for property purchased from Milton Schwartz at 1597 Maple Street
as part of the Bee Branch Creek Restoration Project. Upon motion the documents were received and
filed and Resolution No. 217-09 Approving the acquisition of real estate owned by Milton E. Schwartz
in the City of Dubuque was adopted.
20
RESOLUTION NO. 217-09
APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY MILTON E. SCHWARTZ IN THE
CITY OF DUBUQUE
Whereas,the City of Dubuque intends to acquire certain properties located in the area of the Bee
Branch Creek Restoration Project for stormwater mitigation activities as recommended in the 2001
HDR “Drainage Basin Master Plan;” and
Whereas,a purchase agreement has been finalized with the owner of the property scheduled for
acquisition.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the City of Dubuque hereby approves the acquisition of the following legally
described property: Lot 291 East Dubuque Addition No. 2 in the City of Dubuque, Dubuque County,
Iowa, according to the recorded plat thereof, at the cost of One Hundred Twenty Two Thousand and
00/100 Dollars ($122,000.00).
Section 2. That the City of Dubuque be and is hereby authorized to accept a Quit Claim deed from
the owner, conveying the owner’s interest to the City of Dubuque, Iowa for the herein described real
estate.
Section 3. That the City Clerk be and is hereby authorized and directed to cause said Quit Claim
Deed to be recorded in the office of the Dubuque County Recorder, together with certified copy of the
Resolution.
Section 4. That the City Clerk be and is hereby directed to forward a copy of this Resolution to the
Dubuque County Assessor and the Dubuque County Auditor.
th
Passed, approved and adopted this 6 day of July, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Dubuque Main Street, Ltd. Program Agreement: City Manager recommending approval of a
Program Agreement between Dubuque Main Street, Ltd., the City of Dubuque and the Iowa
Department of Economic Development. Upon motion the documents were received and filed and
Resolution No. 218-09 Resolution of Support and financial commitment for the Main Street Program
in Dubuque, Iowa, was adopted.
RESOLUTION NO. 218-09
RESOLUTION OF SUPPORT AND FINANCIAL COMMITMENT FOR THE MAIN STREET
PROGRAM IN DUBUQUE
WHEREAS, an Agreement between the Iowa Department of Economic Development, Dubuque
Main Street, Ltd. and the City of Dubuque for the purpose of continuing the Main Street Iowa program
in Dubuque; and
WHEREAS, this Agreement is pursuant to contractual agreements between the National Trust for
Historic Preservation and the Iowa Department of Economic Development to assist in the
revitalization of the designated Main Street project area of Dubuque Iowa; and
WHEREAS, the City Council of Dubuque endorses the goal of economic revitalization of the
Downtown within the context of preservation and rehabilitation of its historic buildings and supports
the continuation of the Main Street Four Point Approach as developed by the National Trust for
Historic Preservation and espoused by Main Street Iowa.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of
Dubuque, Iowa, meeting in regular session on July 6, 2009, that the City of Dubuque hereby
agrees to support both financially and philosophically the work of Dubuque Main Street, Ltd. and
designates the Main Street Board to supervise the Program Director.
21
th
Passed, approved and adopted this 6 day of July, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Enterprise Zone Appointment: City Manager recommending confirmation of the at-large
appointment of Richard Stein to the City’s Enterprise Zone Commission. Upon motion the documents
were received, filed, and approved.
Government Finance Officers Association: City Manager advising that the City has received for the
st
21 consecutive year the Government Finance Officers Association Certificate of Achievement for
Excellence in Financial Reporting for the City’s Comprehensive Annual Financial Report for the fiscal
year ended June 30, 2008. Upon motion the documents were received and filed.
Signed Contracts: Kephart Building Improvement Project; Request for Additional Services No. 6;
Property Insurance Renewal Contract; Dubuque Industrial Center West – North Siegert Farm Phase
III Project Contract; and Pitney Bowes – Printing and Mailing Equipment Lease. Upon motion the
documents were received and filed.
Liquor License Refund: Request of Mary Hoffman for a refund of the liquor license for The White
House. Upon motion the document was received, filed, and approved.
Liquor License Transfers: Request of the Dubuque County Historical Society to transfer their liquor
license to 501 Bell Street on August 1, 2009 for the Taste of Dubuque.
Request of the Rotary Club of Dubuque to transfer their liquor license to the Alliant Energy Outdoor
Amphitheater on July 25, 2009 for the Rock and Soul Reunion.
Upon motion the documents were received, filed, and approved.
Business Licenses: City Manager recommending approval of annual liquor license renewals as
submitted. Upon motion the documents were received and filed and Resolution No. 219-09 Granting
the issuance of one new license to sell cigarettes and cigarette papers within the City of Dubuque;
Resolution No. 220-09 Granting the issuance of twenty-five renewal licenses to sell cigarettes and
cigarette papers within the City of Dubuque; and Resolution No. 221-09 Granting the issuance of a
Class “C” Beer/Liquor License to Bricktown Brewery, Denny’s Lux Club, Fischer Lanes, Paul’s
Tavern, Diamond Jo Casino, Knickers Saloon, Murph’s Southend and House of China; a Class “C”
Beer/Liquor License (5-Day Special Event) to Dubuque Area Labor Management; and a Class “WBN”
Native Wine License to Tredway House Bed and Breakfast were adopted.
RESOLUTION NO. 219-09
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
That the following having complied with the provisions of law relating to the sale of Cigarettes
within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within
said City.
1 NEW
Kwik Star # 495 Kwik Trip, Inc. 2685 Dodge Street
Passed, approved and adopted this 6th day of July, 2009
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
22
RESOLUTION NO. 220-09
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
That the following having complied with the provisions of law relating to the sale of Cigarettes
within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within
said City.
25 RENEWALS
16 th St Auto Truck Plaza Mulgrew Oil Company 1215 E. 16 th Street
Cedar Cross Amoco LB Metcalf, Inc 1200 Cedar Cross Road
Eagle Country Market Downtown Eagle Inc. 1800 Elm Street
Kwik Stop Rainbo Oil Com. 2335 University Avenue
Kwik Stop Rainbo Oil Com. 2150 Twin Valley
Kwik Stop Rainbo Oil Com. 4039 Pennsylvania Avenue
Kwik Stop Rainbo Oil Com. 2390 Central Avenue
Kwik Stop Rainbo Oil Com. 2255 Kerper Blvd.
Kwik Stop Rainbo Oil Com. 2320 Hwy 61 South
Lucky 13 David H. Erickson 385 E. 13 th Street
McCann’s Service McCann’s Service Inc 690 W. Locust Street
Mystique Casino DBQ Greyhound Racing 1855 Greyhound Park Road
Assoc.
Oky Doky # 8 Hill Street Plaza 535 Hill Street
Paro Food Mart Sahajanand Enterp. 3200 Central Avenue
Phillip’s 66 Liberty Station LLC 10 S. Main Street
Riviera Lounge Patrick O’Clock 116 W. 13 th Street
Road Ranger # 159 Road Ranger, LLC 2175 Central Avenue
Road Ranger # 160 Road Ranger, LLC 3270 Dodge Street
Road Ranger # 161 Road Ranger, LLC 4110 Dodge Street
Sam’s Club #4973 Wal-Mart Stores, Inc 4400 Asbury Road
Tobacco Outlet Plus # 504 Kwik Trip, Inc 806 Wacker Drive
Walgreens # 6154 Walgreen, Co. 2260 JFK Road
Walgreens # 9708 Walgreen, Co. 55 JFK Road
Wal-Mart Supercenter # 2004 Wal-Mart Store 4200 Dodge Street
Walnut Tap Craig J. Weiner 709 University Avenue
th
Passed, approved and adopted this 6 day of July, 2009
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 221-09
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
RB Restaurant Management Bricktown Brewery+(Sunday Sale) 299 Main Street
Beverly Larsen Denny’s Lux Club+(Outdoor Sale) 3050 Asbury Road
23
Plastic Center, Inc. Fischer Lanes+(Sunday Sale) 880 Locust Street
Tom Koch Paul’s Tavern+(Sunday Sale) 176 Locust Street
Diamond Jo LLC Diamond Jo Casino 301 Bell Street
+(Sunday/Outdoor Sale)
Curtis Gerhard Knickers Saloon+(Sunday Sale) 2186 Central Avenue
Pamela Murphy Murph’s Southend 55 Locust Street
House of China House of China+(Sunday Sale) 170 JFK Road
CLASS “C” BEER/LIQUOR LICENSE (5 DAY SPECIAL EVENT)
Dubuque Area Labor Management DBQ Area Labor Management Town Clock Plaza
CLASS “WBN” (NATIVE WINE) LICENSE
Gerald Staheli Tredway House Bed & Breakfast 565 Fenelon Place
Passed, approved and adopted this 6th day of July, 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 Braig.
Motion carried 7-0.
Water Revenue Capital Loan Notes: City Manager recommending that a public hearing be set for
July 20, 2009 to consider the issuance of not to exceed $8,000,000 Water Revenue Capital Loan
Notes. Upon motion the documents were received and filed and Resolution No. 222-09 Fixing date
for a meeting on the authorization of a loan and disbursement agreement and the issuance of not to
exceed $8,000,000 Water Revenue Capital Loan Notes of Dubuque, Iowa, and providing for
publication of notice thereof was adopted setting a public hearing for a meeting to commence at 6:30
p.m. on July 20, 2009 in the Historic Federal Building.
RESOLUTION NO. 222-09
RESOLUTION FIXING DATE FOR A MEETING ON THE AUTHORIZATION OF A LOAN AND
DISBURSEMENT AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $8,000,000 WATER
REVENUE CAPITAL LOAN NOTES OF DUBUQUE, IOWA, AND PROVIDING FOR PUBLICATION
OF NOTICE THEREOF
WHEREAS, it is deemed necessary and advisable that the City of Dubuque, Iowa should provide
for the authorization of a Loan and Disbursement Agreement and the issuance of Water Revenue
Capital Loan Notes, in the amount of not to exceed $8,000,000, as authorized by Sections 384.24A
and 384.83, Code of Iowa, as amended, for the purpose of providing funds to pay costs as hereinafter
described; and
WHEREAS, the City has applied for a loan through the Iowa Drinking Water State Revolving Fund
Program pursuant to which the Iowa Finance Authority has agreed to purchase the City's Notes and
has requested that such Notes be issued as a single Note in a denomination equal to the total
amount of the issue as authorized by Chapter 384 of the Code of Iowa; and
WHEREAS, the Loan and Disbursement Agreement and Note shall be payable solely and only out
of the net earnings of the Municipal Water Utility and shall be a first lien on the future net earnings of
the Utility; and shall not be general obligations of the City or payable in any manner by taxation and
the City shall be in no manner liable by reason of the failure of the net revenues to be sufficient for the
payment of the Loan and Disbursement Agreement and Note; and
24
WHEREAS, before a Loan and Disbursement Agreement may be authorized and Water Revenue
Capital Loan Notes issued to evidence the obligation of the City thereunder, it is necessary to comply
with the provisions of the Code of Iowa, as amended, and to publish a notice of the proposal and of
the time and place of the meeting at which the Council proposes to take action for the authorization of
the Loan and Disbursement Agreement and Notes and to receive oral and/or written objections from
any resident or property owner of the City to such action.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That this Council meet in the Historic Federal Building, 350 West 6th Street, Dubuque,
th
Iowa, at 6:30 o'clock P.M., on the 20 day of July, 2009, for the purpose of taking action on the matter
of the authorization of a Loan and Disbursement Agreement and the issuance of not to exceed
$8,000,000 Water Revenue Capital Loan Notes to evidence the obligations of the City thereunder, the
proceeds of which will be used to provide funds to pay the costs of acquisition, construction,
reconstruction, extending, remodeling, improving, repairing and equipping all or part of the Municipal
Water Utility, including those costs associated with the acquisition and installation of a fixed radio
network water meter system.
Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a
notice of said meeting, in a legal newspaper, printed wholly in the English language, published at
least once weekly, and having general circulation in said City, said publication to be not less than four
clear days nor more than twenty days before the date of said public meeting on the issuance of the
Notes.
Section 3. The notice of the proposed action shall be in substantially the [provided] form:
Passed and approved this 6th day of July, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Iowa 32 Hike / Bike Trail Phase 2 Project: City Manager recommending initiation of the public
bidding process for the Iowa 32 Hike / Bike Trail Phase 2 Project and that a public hearing be set for
July 20, 2009. Upon motion the documents were received and filed and Resolution No. 223-09
Preliminary approval of plans, specifications, form of contract, and estimated cost for the Iowa 32
Hike / Bike Trail Phase 2 Project; Resolution No. 224-09 Setting date of public hearing on plans,
specifications, form of contract, and estimated cost for the Iowa 32 Hike / Bike Trail Phase 2 Project;
and Resolution No. 225-09 Ordering the advertisement for bids for the Iowa 32 Hike / Bike Trail
Phase 2 Project were adopted setting a public hearing for a meeting to commence at 6:30 p.m. on
July 20, 2009 in the Historic Federal Building.
RESOLUTION NO. 223-09
PRELIMINARYAPPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND
ESTIMATED COST FOR THE IOWA 32 HIKE/BIKE TRAIL, PHASE 2 PROJECT
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 Iowa 32
Hike/Bike Trail, Phase 2 Project, in the estimated amount of $180,942, are hereby preliminarily
approved and ordered filed in the office of the City Clerk for public inspection.
Passed, adopted and approved this 6th day of July, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
25
RESOLUTION NO. 224-09
FIXING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT,
AND ESTIMATED COST FOR THE IOWA 32 HIKE/BIKE TRAIL, PHASE 2 PROJECT
Whereas, the City Council of the City of Dubuque, Iowa has given its preliminary approval to the
proposed plans, specifications, form of contract, and estimated cost for the Iowa 32 Hike/Bike Trail,
Phase 2 Project and ordered the same to be on file in the office of the City Clerk for public inspection.
NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
That a public hearing will be held on the 20th day of July, 2009, at 6:30 p.m. in the in the Council
Chambers, second floor of the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, at
which time interested persons may appear and be heard for or against the proposed plans and
specifications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby
directed to cause the attached notice of the time and place of such hearing to be published in a
newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published
not less than four days nor more than twenty days prior to the date of such hearing. At the hearing,
any interested person may appear and file objections to the proposed plans, specifications, form of
contract, or estimated cost of the Project.
Passed, adopted and approved this 6th day of July, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 225-09
ORDERING THE ADVERTISEMENT FOR BIDS FOR THE IOWA 32 HIKE/BIKE TRAIL, PHASE 2
PROJECT
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA:
That the Iowa 32 Hike/Bike Trail, Phase 2 Project is hereby ordered to be advertised for bids for
construction.
BE IT FURTHER RESOLVED that 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.
That 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 more than twenty
days but not more than forty-five days before the date for filing bids at 2:00 p.m. on the 28th day of
July, 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 the City Council meeting to be held at 6:30 p.m. on the 3rd day of
August, 2009, in the Council Chambers, second floor of the Historic Federal Building, 350 West 6th
Street, Dubuque, Iowa.
Passed, adopted and approved this 6th day of July, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Trail Project at Bergfeld Recreation Area: City Manager recommending initiation of the public
bidding process for the Trail Project at Bergfeld Recreation Area and that a public hearing be set for
July 20, 2009. Upon motion the documents were received and filed and Resolution No. 226-09
Preliminary approval of plans, specifications, form of contract, and estimated cost for the Trail Project
at Bergfeld Recreation Area; Resolution No. 227-09 Setting date of public hearing on plans,
specifications, form of contract, and estimated cost for the Trail Project at Bergfeld Recreation Area;
and Resolution No. 228-09 Ordering the advertisement for bids for the Trail Project at Bergfeld
26
Recreation Area were adopted setting a public hearing for a meeting to commence at 6:30 p.m. on
July 20, 2009 in the Historic Federal Building.
RESOLUTION NO. 226-09
PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND
ESTIMATED COST FOR THE TRAIL PROJECT AT THE BERGFELD RECREATON AREA
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 Trail Project at
the Bergfeld Recreation Area, in the estimated amount of $585,062, are hereby preliminarily
approved and ordered filed in the office of the City Clerk for public inspection.
Passed, adopted and approved this 6th day of July, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 227-09
FIXING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT,
AND ESTIMATED COST FOR THE TRAIL PROJECT AT THE BERGFELD RECREATION AREA
Whereas, the City Council of the City of Dubuque, Iowa has given its preliminary approval to the
proposed plans, specifications, form of contract, and estimated cost for the Trail Project at the
Bergfeld Recreation Area and ordered the same to be on file in the office of the City Clerk for public
inspection.
NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
That a public hearing will be held on the 20th day of July, 2009, at 6:30 p.m. in the in the Council
Chambers, second floor of the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, at
which time interested persons may appear and be heard for or against the proposed plans and
specifications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby
directed to cause the attached notice of the time and place of such hearing to be published in a
newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published
not less than four days nor more than twenty days prior to the date of such hearing. At the hearing,
any interested person may appear and file objections to the proposed plans, specifications, form of
contract, or estimated cost of the Project.
Passed, adopted and approved this 6th day of July, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 228-09
ORDERING THE ADVERTISEMENT FOR BIDS FOR THE TRAIL PROJECT AT THE BERGFELD
RECREATION AREA
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA:
That the Trail Project at the Bergfeld Recreation Area is hereby ordered to be advertised for bids
for construction.
BE IT FURTHER RESOLVED, that 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.
That 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 more than twenty
days but not more than forty-five days before the date for filing bids at 2:00 p.m. on the 23rd day of
27
July, 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 the City Council meeting to be held at 6:30 p.m. on the 3rd day of
August, 2009, in the Council Chambers, second floor of the Historic Federal Building, 350 West 6th
Street, Dubuque, Iowa.
Passed, adopted and approved this 6th day of July, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
E.B. Lyons Nature Center Addition Project: City Manager recommending initiation of the public
bidding process for the E.B. Lyons Nature Center Addition Project and that a public hearing be set for
July 20, 2009. Upon motion the documents were received and filed and Resolution No. 229-09
Preliminary approval of plans, specifications, form of contract, and estimated cost for the E.B. Lyons
Nature Center Addition Project; Resolution No. 230-09 Setting date of public hearing on plans,
specifications, form of contract, and estimated cost for the E.B. Lyons Nature Center Addition Project;
and Resolution No. 231-09 Ordering the advertisement for bids for the E.B. Lyons Nature Center
Addition Project were adopted setting a public hearing for a meeting to commence at 6:30 p.m. on
July 20, 2009 in the Historic Federal Building.
RESOLUTION NO. 229-09
PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND
ESTIMATED COST FOR THE E.B. LYONS NATURE CENTER EXPANSION PROJECT
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 E.B. Lyons
Nature Center Expansion Project, in the estimated amount of $1,231,028, are hereby preliminarily
approved and ordered filed in the office of the City Clerk for public inspection.
Passed, adopted and approved this 6th day of July, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 230-09
FIXING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT,
AND ESTIMATED COST FOR THE E.B. LYONS NATURE CENTER EXPANSION PROJECT
Whereas, the City Council of the City of Dubuque, Iowa has given its preliminary approval to the
proposed plans, specifications, form of contract, and estimated cost for the E.B. Lyons Nature Center
Expansion Project and ordered the same to be on file in the office of the City Clerk for public
inspection.
NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
That a public hearing will be held on the 20th day of July, 2009, at 6:30 p.m. in the in the Council
Chambers, second floor of the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, at
which time interested persons may appear and be heard for or against the proposed plans and
specifications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby
directed to cause the attached notice of the time and place of such hearing to be published in a
newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published
not less than four days nor more than twenty days prior to the date of such hearing. At the hearing,
any interested person may appear and file objections to the proposed plans, specifications, form of
contract, or estimated cost of the Project.
Passed, adopted and approved this 6th day of July, 2009.
28
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 231-09
ORDERING THE ADVERTISEMENT FOR BIDS FOR THE E.B. LYONS NATURE CENTER
EXPANSION PROJECT
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA:
That the E.B. Lyons Nature Center Expansion Project is hereby ordered to be advertised for bids
for construction.
BE IT FURTHER RESOLVED that 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.
That 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 more than twenty
days but not more than forty-five days before the date for filing bids at 2:00 p.m. on the 6th day of
August, 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 the City Council meeting to be held at 6:30 p.m. on the 17th day of
August, 2009, in the Council Chambers, second floor of the Historic Federal Building, 350 West 6th
Street, Dubuque, Iowa.
Passed, adopted and approved this 6th day of July, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
thth
Locust Street Resurfacing – 9 to 17 Streets Project: City Manager recommending initiation of the
thth
public bidding process for the Locust Street Resurfacing – 9 to 17 Streets Project and that a public
hearing be set for July 20, 2009. Upon motion the documents were received and filed and Resolution
No. 232-09 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
thth
advertisement for bids for the Locust Street Asphalt Resurfacing Project (9 Street To 17 Street)
Iowa Dot Project No. STP-U-2100 (641)--70-31
RESOLUTION NO. 232-09
LOCUST STREET ASPHALT RESURFACING PROJECT
THTH
(9 STREET TO 17 STREET)
IOWA DOT PROJECT NO. STP-U-2100 (641)--70-31
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 Locust Street
thth
Asphalt Resurfacing Project (9 Street to 17 Street), Iowa DOT Project No. STP-U-2100(641)--70-
31, in the estimated amount $714,600.25, 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 20 day of July, 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
29
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.
thth
The Locust Street Asphalt Resurfacing Project (9 Street to 17 Street), Iowa DOT Project No.
STP-U-2100(641)--70-31 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 before 10:00 a.m. Central Time, with
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opening and reading of bids by the Iowa Department of Transportation on the 21 day of July, 2009.
Bids shall be opened and read by the Iowa Department of Transportation at said time and will be
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submitted to the City Council for final action on the 3 day of August, 2009, in the Historic Federal
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Building Council Chambers (second floor), 350 West 6 Street, Dubuque, Iowa.
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Passed, adopted and approved this 6 day of July, 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.
Building Code Board of Appeals: Two 3-year terms through August 1, 2012 (Terms of Carr and
Luchsinger) At-large and General Contractor requirements. Applicants: Richard Luchsinger, 2875
Brueck Road (At-Large Reappointment); Chuck Carr, 1705 Kathy Drive (General Contractor
reappointment)
Library Board of Trustees: Three 4-year terms referenced with expiration dates contingent upon
proposed ordinance which will re-stagger terms: 2 terms through July 1, 2010; and 1 term through
July 1, 2013 (Terms of Guns, Kolz, and Willis). Applicants: Diann Guns, 1715 Diane Court (Seeking
reappointment through July 1, 2010); Beverly Kolz, 2206 Simpson Street (Seeking reappointment
through July 1, 2010); Gail Murphy, 3096 Oak View Court (First-time applicant); Lorri Regan, 2659
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Queen Street (First-time applicant); Mike Willis, 1365 W. 5 Street (Seeking reappointment through
July 1, 2013). Ms. Guns, Ms. Kolz, Ms. Murphy, and Mr. Willis all spoke in support of their
appointments.
Appointments to the following Boards/Commissions: Historic Preservation Commission -
Designation of Service Areas: Three At-Large Commissioners and One Cathedral Historic District
Interim Commissioner (at-large terms of Olson and Bichell, interim term of Knight). Appointees:
Christen Happ Olson, 1090 Grove Terrace; Michael Knight, 942 Mt. Pleasant Street; Mary Loney
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Bichell, 595 W. 11 Street; and Peggy Stover, 1145 Locust Street. Upon roll call vote Ms. Olson, Mr.
Knight, and Ms. Bichell were assigned to at-large positions and Ms. Stover was assigned to the
Cathedral Historic District as Interim Commissioner.
Upon motion the rules were reinstated limiting discussion to the City Council.
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PUBLIC HEARINGS
Dubuque Industrial Center – Planned Unit Development District (Tabled on April 6, 2009): City
Manager requesting that this item be tabled to December 7, 2009.
Proof of publication on notice of hearing to consider a request from the City of Dubuque/ Dubuque
Initiatives to amend the Planned Unit Development (PUD) for the Dubuque Industrial Center, located
on Chavenelle Road and the Northwest Arterial, to change the designation of property from open
space to commercial and Zoning Advisory Commission recommending approval, with conditions.
Motion by Connors to remove from table. Seconded by Braig. Motion carried 7-0.
Motion by Braig to table the proposed ordinance amending Appendix A (the Zoning Ordinance) of
the City of Dubuque Code of Ordinances by adopting a revised Planned Unit Development Ordinance
for the Dubuque Industrial Center Phases I and II located at the southwest corner of Highway 32
(Northwest Arterial) and Chavenelle Road and by repealing Ordinance 22-07 to December 7, 2009.
Seconded by Jones. Motion carried 7-0.
Pennsylvania Avenue from IA 32 to Vizaleea Drive Safety Improvements Project, Phase II: Proof of
publication on notice of public hearing to consider the plans, specifications, form of contract, and
estimated cost for the Pennsylvania Avenue from IA 32 to Vizaleea Drive Safety Improvements
Project and City Manager recommending approval. Motion by Jones to receive and file the
documents and adopt Resolution No. 233-09 Approving plans, specifications, form of contract, and
estimated cost for the Pennsylvania Avenue from IA 32 to Vizaleea Drive Safety Improvements
Project. Seconded by Lynch. Motion carried 7-0.
RESOLUTION NO. 233-09
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST
FOR THE PENNSYLVANIA AVENUE FROM IA 32 TO VIZALEEA DRIVE SAFETY
IMPROVEMENTS PROJECT, PHASE II
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 Pennsylvania
Avenue from IA 32 to Vizaleea Drive Safety Improvements Project, Phase II, in the estimated amount
$364,950.73, are hereby approved.
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Passed, adopted and approved this 6 day of July, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
Greater Dubuque Development Corporation: Rick Dickinson, Executive Director of the Greater
Dubuque Development Corporation, 816 River Street, Sabula, provided a verbal report and video on
the activities of GDDC. Motion by Jones to receive and file. Seconded by Braig. Motion carried 7-0.
Library Board of Trustees: City Manager recommending that the Library Board of Trustees terms of
service be staggered to avoid five of the seven trustee positions becoming vacant at one time. 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 Jones. Motion carried 7-0.
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Motion by Connors for final consideration and passage of Ordinance No. 34-09 Amending City of
Dubuque Code of Ordinances Chapter 30 Library, Section 3-04 Board of Trustees-Terms of
Members; Filling of Vacancies by providing for staggered terms for Board Members. Seconded by
Braig. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 34-09
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES CHAPTER 30 LIBRARY, SECTION 3-
04 BOARD OF TRUSTEES-TERMS OF MEMBERS; FILLING OF VACANCIES BY PROVIDING
FOR STAGGERED TERMS FOR BOARD MEMBERS
Section 1. City of Dubuque Code of Ordinances § 30-4 is amended to read as follows:
Sec. 30-4. Board Of Trustees-Terms Of Members; Filling Of Vacancies:
For the three vacancies that occur on July 1, 2009, the appointments to fill two of the vacancies
shall be for terms ending July 1, 2010 and the appointment to fill the other vacancy shall be for a term
ending July 1, 2013. For the four vacancies that occur on July 1, 2011, the appointments to fill two of
the vacancies shall be for terms ending July 1, 2012 and the appointments to fill the two other
vacancies shall be for terms ending July 1, 2015. Thereafter, each member of the Board shall hold
office for four (4) years and until such member's successor is appointed and qualified. The term of
office of each member shall commence July 1 in the year in which the member is appointed.
Vacancies occurring on the Board through death, resignation or permanent removal from the City
shall be filled by the Mayor with the approval of the City Council, but such appointments shall be
made to fill out the unexpired term for which the appointment is made.
Section 2. This Ordinance shall take effect on publication.
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Passed, approved and adopted the 6 day of July, 2009.
/s/Roy D. Buol, Mayor
Attest: /s/Jeanne F. Schneider, CMC, City Clerk
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Published officially in the Telegraph Herald Newspaper the 10 day of July, 2009.
/s/Jeanne F. Schneider, CMC, City Clerk
Millwork District – Consultant Selection: City Manager recommending approval of the selection of
Veenstra & Kimm/JJR as the consultant for the Millwork District Streetscape, Street and Utility
Improvement Project. Motion by Connors to receive and file the documents and approve the
recommendation. Seconded by Lynch. Motion carried 7-0.
North Fork Catfish Creek Sanitary Sewer Project – Phase II: City Manager recommending award of
the public improvement contract for the North Fork Catfish Creek Stormwater and Sanitary Sewer
Improvements Project – Phase II to Portzen Construction, Inc., in the amount of $997,168. Motion by
Jones to receive and file the documents and adopt Resolution No. 234-09 Awarding public
improvement contract for the North Fork Catfish Creek Sanitary Sewer Project – Phase II. Seconded
by Voetberg. Motion carried 7-0.
RESOLUTION NO. 234-09
AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE NORTH FORK CATFISH CREEK
STORMWATER AND SANITARY SEWER IMPROVEMENTS PROJECT – PHASE II
Whereas, sealed proposals have been submitted by contractors for the North Fork Catfish Creek
Stormwater and Sanitary Sewer Improvements Project – Phase II (the Project) pursuant to Resolution
No. 185-09 and Notice to Bidders published in a newspaper published in the City of Dubuque, Iowa
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on the 5 day of June, 2009. Whereas, said sealed proposals were opened and read on the 23
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day of June, 2009 and it has been determined that Portzen Construction, Inc. of Dubuque, Iowa, with
a bid in the amount of $997,168.00, is the lowest responsive, responsible bidder for the Project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
That a Public Improvement Contract for the Project is hereby awarded to Portzen Construction,
Inc. and the City Manager is hereby directed to execute a Public Improvement Contract on behalf of
the City of Dubuque for the Project.
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Passed, approved and adopted this 6 day of July, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Dubuque Industrial Center West – North Siegert Farm Phase III Project: City Manager
recommending award of the public improvement contract for the Dubuque Industrial Center West –
North Siegert Farm Phase III Project to Horsfield Construction, Inc., in the amount of $700,167.69.
Motion by Lynch to receive and file the documents and adopt Resolution No. 235-09 Awarding the
public improvement contract for the Dubuque Industrial Center West – North Siegert Farm Phase III
Project. Seconded by Braig. Motion carried 7-0.
RESOLUTION NO. 235-09
AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE DUBUQUE INDUSTRIAL CENTER
WEST, NORTH SIEGERT FARM PROJECT – PHASE III, PCC PAVING & UTILITIES
Whereas, sealed proposals have been submitted by contractors for the Dubuque Industrial Center
West, North Siegert Farm Project – Phase III, PCC Paving & Utilities (the Project) pursuant to
Resolution No. 206-09 and Notice to Bidders published in a newspaper published in the City of
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Dubuque, Iowa on the 5 day of June, 2009.
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Whereas, said sealed proposals were opened and read on the 18 day of June, 2009, and it has
been determined that Horsfield Construction, Inc. of Epworth, Iowa, with a bid in the amount of
$700,167.69, is the lowest responsive, responsible bidder for the Project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
That a Public Improvement Contract for the Project is hereby awarded to Horsfield Construction,
Inc. and the City Manager is hereby directed to execute a Public Improvement Contract on behalf of
the City of Dubuque for the Project.
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Passed, approved and adopted this 6 day of July, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
National Mississippi River Museum and Aquarium River Center Project – Phase II: City Manager
recommending award of the public improvement contract for the National Mississippi River Museum
and Aquarium River Center Project – Phase II. Motion by Connors to table the proposed resolution
awarding public improvement contract for the National Mississippi River Museum and Aquarium River
Center Project – Phase II for a special meeting to commence at 5:00 p.m. on July 9, 2009 in the
Historic Federal Building. Seconded by Voetberg. Motion carried 7-0.
Code of Ordinance Amendment – General Penalty Update: City Manager recommending approval
of adjusting the City’s municipal penalties to match the changes to State law. Motion by Jones to
receive and file the documents and that the requirement that a proposed ordinance be considered
and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be
suspended. Seconded by Voetberg. Motion carried 7-0.
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Motion by Jones for final consideration and passage of Ordinance No. 35-09 Amending the City of
Dubuque Code of Ordinances Section 1-8 General Penalty by referencing Iowa Code Section 903.1
which provides the penalty for simple misdemeanors. Seconded by Lynch. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 35-09
AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES SECTION 1-8 GENERAL
PENALTY BY REFERENCING IOWA CODE SECTION 903.1 WHICH PROVIDES THE PENALTY
FOR SIMPLE MISDEMEANORS
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. Section 1-8 of the City of Dubuque Code of Ordinances is amended to read as follows:
Sec. 1-8. General Penalty.
The doing of any act prohibited or declared to be unlawful, an offense, or a misdemeanor by this
Code or any ordinance or code herein adopted by reference, or the omission or failure to perform any
act or duty required by this Code or any ordinance or code herein adopted by reference is, unless
another penalty is specified, punishable in accordance with Iowa Code §903.1, Subsection 1,
Paragraph “a.”
Section 2. This Ordinance shall take effect on publication.
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Passed, approved and adopted the 6 day of July, 2009.
/s/Roy D. Buol, Mayor
Attest: /s/Jeanne F. Schneider, CMC, City Clerk
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Published officially in the Telegraph Herald Newspaper the 10 day of July, 2009.
/s/Jeanne F. Schneider, CMC, City Clerk
Staffing: City Manager recommending approval of the creation of a twenty-five hour per week
position to submit competitive grant applications for Federal Stimulus money and to coordinate
reporting requirements when grants are received and reservation of $102,475 to react to other needs
and funding opportunities. Motion by Jones to receive and file the documents and approve the
recommendation. Seconded by Connors. Motion carried 7-0.
There being no further business, upon motion the City Council adjourned at 7:15 p.m.
/s/Jeanne F. Schneider, CMC
City Clerk
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