12 21 09 City Council Proceedings Official_Regular
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
OFFICIAL
The Dubuque City Council met in regular session at 6:30 p.m. on December 21, 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 Mayor Roy D. Buol.
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as
indicated. Seconded by Connors. Jones requested (#22) Liquor and Tobacco License
Applications be held for separate discussion. Motion carried 7-0.
Minutes and Reports Submitted: City Council of 12/7 and 12/10; Civil Service Commission
of 10/14, 11/6 and 12/11; Electrical Code Board of 11/23; Library Board of Trustees of 9/24
and 10/22; Transit Board of 12/14; Zoning Advisory Commission of 12/2
Proofs of publication of City Council Proceedings of November 16 and December 1, 2009
Upon motion the documents were received and filed.
Notice of Claims/Suits: 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:
George Clark for property damage; John Corbett for vehicle damage. Upon motion the
documents were received, filed and concurred.
Professional Services for the Urban Forest Evaluation: City Manager recommending
approval of the issuance of a Request for Proposals for the Urban Forest Evaluation. Upon
motion the documents were received, filed, and approved.
Port of Dubuque Usage Policies: City Manager recommending approval of two revisions to
the Usage Policies for the Alliant Energy Amphitheater, Mississippi Riverwalk and American
Trust River’s Edge Plaza. Upon motion the documents were received, filed, and approved.
Westbrook Park: City Manager recommending approval of a lease agreement with Callahan
Construction for development of a temporary Westbrook Park. Upon motion the documents
were received, filed, and approved.
Administrative Services Agreement with Express Scripts: City Manager recommending
approval of the Administrative Services Agreement with Express Scripts for the City’s
Prescription Drug Program. Upon motion the documents were received, filed, and approved.
2009 Annual Tax Increment Financing (TIF) Report: City Manager transmitting the 2009
Annual Tax Increment Financing (TIF) Report. Upon motion the documents were received and
filed.
Dubuque Human Rights Commission Annual Report: City Manager transmitting the 2009
Dubuque Human Rights Commission Annual Report. Upon motion the documents were
received and filed.
General Obligation Urban Renewal Bond Proceeds – New Parking Ramp: City Manager
recommending approval to reassign the remaining General Obligation Urban Renewal Bond
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proceeds for the ramp construction at 10 Street and Central Avenue. Upon motion the
documents were received and filed and Resolution No. 465-09 Re-allocating funds was
adopted.
RESOLUTION NO. 465-09
RE-ALLOCATING FUNDS
Whereas, the City has recently issued its $11,175,000 General Obligation Urban Renewal
Bonds, Series 2009B (Taxable Build America Bonds) for the purposes 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
Plans for the Greater Downtown Urban Renewal District and the Dubuque Industrial Center
West Economic Development District, including those costs associated with the construction of
a multi-story public parking ramp located at 5th and Bluff Streets ($9,310,000), and the
construction of street, sewer, sidewalk, trail and other public infrastructure improvements within
Dubuque Industrial Center West; and
Whereas, Council has determined to proceed with the construction of a new public parking
ramp at 10th and Central Avenue, rather than at 5th and Bluff Streets, as originally anticipated
when the Series 2009B Bonds were issued, but still within the Greater Downtown Urban
Renewal District of the City, and to abandon the proposal to construct said facility at 5th and
Bluff Streets; and
Whereas, in light of the decision to build the public parking ramp at 10th and Central
Avenue rather than at 5th and Bluff Streets, as originally anticipated, it is now considered
necessary and appropriate to re-direct the use the proceeds of the Series 2009B Bonds for
such purpose.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, AS FOLLOWS:
1. The remaining proceeds of the Series 2009B Bonds issued for the purpose of
constructing a multi-story public parking ramp located at 5th and Bluff Streets, in the amount of
$9,069,073.84, be and the same hereby are re-allocated to pay the costs of construction of the
new public parking ramp to be located at 10th and Central Avenue.
2. The Finance Director is authorized and directed to take such action as may be necessary
to effect and implement the foregoing reallocation of the Series 2009B Bond proceeds, and to
cause the records and accounts of the City to reflect the same.
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Passed, approved and adopted this 21 day of December, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Sewer Revenue Capital Loan Notes, Series 2010A: City Manager recommending approval
of the suggested proceedings to complete action required on the Sewer Revenue Capital Loan
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Notes from the Iowa Water Pollution Control Works Financing Program under the State of Iowa
Revolving Fund Loan (SRF) program. Upon motion the documents were received and filed and
Resolution No. 466-09 Authorizing and providing for the issuance and securing the payment of
$1,141,000 Sewer Revenue Capital Loan Notes, Series 2010A by the City of Dubuque, Iowa
under the provisions of Chapter 384 of the Code of Iowa, providing for a method of payment
thereof, approving Loan and Disbursement Agreements, and other related matters was
adopted.
RESOLUTION NO. 466-09
SERIES RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE AND
SECURING THE PAYMENT OF $1,141,000 SEWER REVENUE CAPITAL LOAN NOTES,
SERIES 2010A BY THE CITY OF DUBUQUE, IOWA UNDER THE PROVISIONS OF
CHAPTER 384 OF THE CODE OF IOWA, PROVIDING FOR A METHOD OF PAYMENT
THEREOF, APPROVING LOAN AND DISBURSEMENT AGREEMENTS, AND OTHER
RELATED MATTERS
WHEREAS, the City Council of the City of Dubuque, Iowa (the "City") has heretofore
established charges, rates and rentals for services which are and will continue to be collected
as system revenues of the Municipal Sanitary Sewer System, and said revenues have not
been pledged and are available for the payment of sewer revenue bonds or notes, subject to
the following premises; and
WHEREAS, by Resolution No. 437-08 passed and approved on December 15, 2008 (the
"Master Resolution"), the City Council heretofore has authorized the issuance of $2,000,000
Sewer Revenue Capital Loan Notes, Series 2009A, for the purpose of financing the
construction of the Series 2009A Project described therein, and to pay related costs of
issuance; and
WHEREAS, pursuant to the American Recovery and Reinvestment Act of 2009 ("ARRA"),
and in accordance with the terms of the Forgivable Loan and Disbursement Agreement, the
Iowa Finance Authority has authority to make and desires to make a forgivable loan to the City
in the amount of $229,000, from funds available to the Iowa Finance Authority under the
ARRA, for the purpose of assisting in financing a portion of the Project (defined herein); and
WHEREAS, the notice of intention of the City Council to take action for the issuance of not
to exceed $1,141,000 Sewer Revenue Capital Loan Notes has heretofore been duly published
and no objections to such proposed action have been filed; and
WHEREAS, Section 8.3 of the Master Resolution authorizes the issuance of additional
Senior Bonds, including Senior SRF Bonds, by the City from time to time, if all of the conditions
set forth therein are satisfied; and
WHEREAS, the Council has determined to issue additional Senior SRF Bonds, and has
determined that, upon passage of this Series Resolution all of the requirements of Article VIII
of the Master Resolution with respect to the issuance of additional Senior SRF Bonds will have
been satisfied.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IN THE COUNTY OF DUBUQUE, STATE OF IOWA:
ARTICLE I
DEFINITIONS
Section 1.1. Definitions. Except as otherwise provided below in this Article I, all words and
terms defined in Article I of the Master Resolution shall have the same meanings in this Series
Resolution as such defined words and terms are given in Article I of the Master Resolution. In
addition, the following terms shall have the following meanings in this Series Resolution unless
the text expressly or by necessary implication requires otherwise:
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"Additional Bonds" shall mean any sewer revenue bonds or notes or other obligations
issued on a parity with the Notes in accordance with the provisions of Section 23 hereof.
Provided, however, Additional Bonds which are SRF Obligations shall not be secured by the
Reserve Fund and shall not be subject to the Reserve Fund Requirement.
"Agreements" shall mean Loan and Disbursement Agreements dated as of the Closing
between the City and the Original Purchaser relating to the Loan made to the City under the
Program.
"City" or "Issuer" shall mean the City of Dubuque, Iowa.
"Closing" shall mean the date of execution of the Agreements and delivery of the Series
2010A Bonds to the Original Purchaser and the funding of the Loan by the Trustee.
"Loan" shall mean the total principal amount allocated by the Original Purchaser to the
City under the Program, equal in amount to the aggregate principal amount of the Series
2010A Bonds.
"Master Resolution" means the City Council Resolution No. 437-08, passed and
approved on December 15, 2008, entitled "Master Resolution relating to the issuance of
Sewer Revenue Bonds by the City of Dubuque, Iowa under the provisions of Chapter 384 of
the Code of Iowa, authorizing and providing for the issuance and securing the payment of
$2,000,000 Sewer Revenue Capital Loan Notes, Series 2009A, providing for a method of
payment thereof, and related matters," as the same may be amended from time to time.
"Original Purchaser" means the Iowa Finance Authority, as the purchaser of the Series
2010A Bonds from the City at the time of their original issuance.
"Program" shall mean the Iowa Water Pollution Control Works Financing Program
administered by the Original Purchaser.
"Series 2010A Bonds" means the $1,141,000 Sewer Revenue Capital Loan Notes,
Series 2010A, dated the date of delivery, authorized to be issued pursuant to this Series
Resolution.
"Series 2010A Costs of Issuance Account" means the account by that name within the
Project Fund established in Section 5.1 of the Master Resolution.
"Series 2010A Projects" shall mean the Projects being financed with the proceeds of the
Series 2010A Bonds, consisting of the construction of the North Fork Catfish Creek
Stormwater and Sanitary Sewer Improvements, Phase I Sanitary Sewer Project, as
described generally in the Agreements and more particularly in the plans and specifications
on file from time to time with the City Clerk.
"Series 2010A Projects Account" means the account by that name within the Project
Fund established in Section 5.1 of the Master Resolution.
"Series 2010A Rebate Account" means the account by that name within the Rebate Fund
established in Section 6.10 of the Master Resolution.
"Series Resolution" means this Resolution of the Council.
"Tax Exemption Certificate" means the Tax Exemption Certificate executed by the
Treasurer and delivered at the time of issuance and delivery of the Series 2010A Bonds.
"Trustee" shall mean Wells Fargo Bank, National Association, with its principal office
located in the City of Des Moines, Iowa, and its successors and any corporation resulting
from or surviving any consolidation or merger to which it or its successors may be a party
and any successor trustee under the Program.
ARTICLE II
THE SERIES 2010A BONDS
Section 2.1. Series 2010A Bonds - Authorization and Purpose. Pursuant to the provisions of
the Master Resolution and in particular Section 8.3 thereof, there are hereby authorized to be
issued, negotiable, serial, fully registered Sewer Revenue Capital Loan Notes, Series 2010A,
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in the aggregate principal amount of $1,141,000, dated the date of delivery, for the purpose of
constructing the Series 2010A Projects and paying Project Costs relating thereto, and to pay
related Costs of Issuance. The Series 2010A Bonds shall be issued as Senior SRF Bonds
under the terms of the Master Resolution, shall be designated "CITY OF DUBUQUE, IOWA,
SEWER REVENUE CAPITAL LOAN NOTES, SERIES 2010A", for the purpose of paying costs
of the Project. The Council, pursuant to Sections 384.24A and 384.82 of the Code of Iowa,
hereby finds and determines that it is necessary and advisable to issue said Notes authorized
by the Agreements and this Resolution.
The Series 2010A Bonds and the Registrar’s Certificate of Authentication shall be in
substantially the form set forth in Exhibit A attached hereto, with such variations, omissions,
substitutions and insertions as are required or permitted by this Series Resolution.
The Series 2010A Bonds shall be executed by the manual or facsimile signature of the
Mayor and attested by the manual or facsimile signature of the City Clerk of the Council, and
shall be fully registered as to both principal and interest as provided in this Series Resolution;
principal, interest and premium, if any shall be payable at the office of the Paying Agent by
mailing of a check, wire transfer or automated clearing house system transfer to the registered
owner of the Bond. The Series 2010A Bonds may be in the denomination of $1,000 or
multiples thereof and shall at the request of the Original Purchaser be initially issued in the
respective denominations of $912,000 numbered R-1 and $229,000 numbered R-2.
Sewer Revenue Capital Loan Notes, Series 2010A, of the Issuer in the amount of
$1,141,000, shall be issued to evidence the obligations of the Issuer under the Agreements
pursuant to the provisions of Sections 384.24A and 384.82 of the Code of Iowa for the
aforesaid purpose. The Series 2010A Bonds shall be designated "SEWER REVENUE
CAPITAL LOAN NOTE, SERIES 2010A", be dated the date of delivery, and bear interest at the
rate of 3.0% per annum from the date of each advancement made under the Agreements, until
payment thereof, at the office of the Paying Agent, said interest payable on June 1, 2010, and
semi-annually thereafter on the 1st day of June and December in each year until maturity as
set forth on the Debt Service Schedules attached to the Agreements as Exhibit A and
incorporated herein by this reference. As set forth on said Debt Service Schedules, principal
shall be payable on June 1, 2011 and annually thereafter on the 1st day of June in the
amounts set forth therein until principal and interest are fully paid, except that the final
installment of the entire balance of principal and interest, if not sooner paid, shall become due
and payable on June 1, 2030. Notwithstanding the foregoing or any other provision hereof,
principal and interest shall be payable as shown on said Debt Service Schedules until
completion of the Project, at which time the final Debt Service Schedules shall be determined
by the Trustee based upon actual advancements, final costs and completion of the Project, all
as provided in the administrative rules governing the Program. Payment of principal and
interest on the Notes shall at all times conform to said Debt Service Schedules and the rules of
the Program.
In addition to the payment of principal of and interest on the Series 2010A Bonds, the City
also agrees to pay the Initiation Fee and the Servicing Fee as defined and in accordance with
the terms of the Agreements.
Section 2.2. Issuance of Series 2010A Bonds in Certificated Form. The Series 2010A Bonds
shall be issued as Bonds in Authorized Denominations and may at the request of the Original
Purchaser be issued as two single Series 2010A Bonds in the full authorized amount thereof,
and shall be registered in the name of the Original Purchaser.
Section 2.3. Appointment of Registrar. The Treasurer is hereby appointed as Registrar for
the Series 2010A Bonds under the terms of this Series Resolution.
Section 2.4. Execution, Authentication and Delivery of the Series 2010A Bonds. Upon the
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adoption of this Resolution, the Mayor and City Clerk shall execute and deliver the Series
2010A Bonds to the Registrar, who shall authenticate the same and deliver the same to or
upon order of the Original Purchaser. No such Series 2010A Bond 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 Series 2010A Bond a Certificate of Authentication
substantially in the form of the Certificate herein set forth. Such Certificate upon any such
Series 2010A Bond executed on behalf of the Issuer shall be conclusive evidence that the
Series 2010A Bond so authenticated has been duly issued under this Series Resolution and
that the holder thereof is entitled to the benefits of this Series Resolution.
Section 2.5. Forgivable Loan. Notwithstanding anything in this Series Resolution to the
contrary, with regard to Note R-2, provided that the Issuer proceeds with diligence to
completion of the Project and complies with all applicable ARRA requirements as fully set forth
in section 14 of the Forgivable Loan and Disbursement Agreement (the "Forgivable Loan"), (i)
no payments of interest, principal, Servicing Fee or Initiation Fee shall be due under the
Forgivable Loan during construction of the Project and (ii) following completion of the Project
and receipt by the Iowa Finance Authority of a certificate of completion from the Issuer, the
Forgivable Loan shall be forgiven, in full, by the Iowa Finance Authority, and no payments of
principal or interest shall be due under the Forgivable Loan and Disbursement Agreements.
ARTICLE III
REDEMPTION OF BONDS
Section 3.1. Optional Redemption. The Series 2010A Bonds are subject to optional
redemption at a price of par plus accrued interest (i) on any date upon receipt of written
consent of the Original Purchaser or (ii) in the event that all or substantially all of the Series
2010A Projects are damaged or destroyed. Any optional redemption of the Series 2010A
Bonds may be made from any funds regardless of source, in whole or from time to time in part,
in inverse order of maturity, by giving not less than thirty (30) days notice of redemption by
certified or registered mail to the Original Purchaser (or any other registered owner of the
Series 2010A Bonds). The terms of redemption shall be par, plus accrued interest to date of
call. The Series 2010A Bonds are also subject to mandatory redemption as set forth in Section
5 of the Agreements.
ARTICLE IV
DELIVERY AND APPLICATION OF PROCEEDS
Section 4.1. Application of Series 2010A Bond Proceeds. The Series 2010A Bonds shall be
delivered as provided in Sections 6.1 and 6.2 and the proceeds thereof shall be applied as
follows:
(i) An amount sufficient to pay the Costs of Issuance of the Series 2010A Bonds shall
be deposited into the Series 2010A Costs of Issuance Account.
(ii) The balance of proceeds shall be deposited into the Series 2010A Projects Account
of the Project Fund and applied thereafter to pay Project Costs of the Series 2010A
Projects.
Section 4.2. No Adjustment to Debt Service Reserve Requirement. The Series 2010A
Bonds shall be issued as Senior SRF Bonds under the Master Resolution, and shall not be
secured by or payable from amounts held in the Debt Service Reserve Fund established in the
Master Resolution. Upon issuance of the Series 2010A Bonds, the amount to be accumulated
and maintained in the Debt Service Reserve Fund shall not be increased, but shall continue to
remain equal to 100% of the Debt Service Reserve Requirement computed on a basis which
includes all Senior Bonds which will be Outstanding immediately after issuance of the Series
2010A Bonds and which are not Senior SRF Bonds.
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ARTICLE V
TAX PROVISIONS
Section 5.1. Disposition of Bond Proceeds; Arbitrage Not Permitted. The City reasonably
expects and covenants that no use will be made of the proceeds from the issuance and sale of
the Series 2010A Bonds issued hereunder which will cause any of the Series 2010A Bonds to
be classified as arbitrage bonds within the meaning of Section 148(a) and (b) of the Code, and
that throughout the term of said Series 2010A Bonds it will comply with the requirements of
said statute and regulations issued there under.
To the best knowledge and belief of the City, there are no facts or circumstances that would
materially change the foregoing statements or the conclusion that it is not expected that the
proceeds of the Series 2010A Bonds will be used in a manner that would cause such Bonds to
be arbitrage bonds. Without limiting the generality of the foregoing, the City hereby agrees to
comply with the provisions of the Tax Exemption Certificate and the provisions of the Tax
Exemption Certificate are hereby incorporated by reference as part of this Series Resolution.
The Treasurer is hereby directed to make and insert all calculations and determinations
necessary to complete the Tax Exemption Certificate in all respects and to execute and deliver
the Tax Exemption Certificate at issuance of the Series 2010A Bonds to certify as to the
reasonable expectations and covenants of the City at that date.
The City covenants that it will treat as yield restricted any proceeds of the Series 2010A
Bonds remaining unexpended after three years from the issuance and any other funds
required by the Tax Exemption Certificate to be so treated. If any investments are held with
respect to the Series 2010A Bonds, the City shall treat the same for the purpose of restricted
yield as held in proportion to the original principal amounts of each issue.
The City covenants that it will exceed any investment yield restriction provided in this Series
Resolution only in the event that it shall first obtain an opinion of bond counsel that the
proposed investment action will not cause the Series 2010A Bonds to be classified as
arbitrage bonds under Section 148(a) and (b) of the Code.
The City covenants that it will proceed with due diligence to spend the proceeds of the
Series 2010A Bonds for the purpose set forth in this Series Resolution. The City further
covenants that it will make no change in the use of the proceeds available for the construction
of facilities or change in the use of any portion of the facilities constructed there from by
persons other than the City or the general public unless it has obtained an opinion of bond
counsel or a revenue ruling that the proposed project or use will not be of such character as to
cause interest on any of the Series 2010A Bonds not to be exempt from federal income taxes
in the hands of holders under the provisions of the Code.
Section 5.2. Additional Covenants, Representations and Warranties of the City. The City
certifies and covenants with the purchasers and holders of the Series 2010A Bonds from time
to time outstanding that the City through its officers, (a) will make such further specific
covenants, representations and assurances as may be necessary or advisable; (b) comply
with all representations, covenants and assurances contained in the Tax Exemption
Certificate, which Tax Exemption Certificate shall constitute a part of the contract between the
City and the owners of the Series 2010A Bonds; (c) consult with bond counsel (as defined in
the Tax Exemption Certificate); (d) pay to the United States, as necessary, such sums of
money representing required rebates of excess arbitrage profits relating to the Series 2010A
Bonds; (e) file such forms, statements and supporting documents as may be required and in a
timely manner; and (f) if deemed necessary or advisable by its officers, to employ and pay
fiscal agents, financial advisors, attorneys and other persons to assist the City in such
compliance.
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ARTICLE VI
MISCELLANEOUS PROVISIONS
Section 6.1. Delivery of Series 2010A Bonds. The City shall deliver the executed
Agreements and the Series 2010A Bonds to the Original Purchaser at the price of par on the
date of Closing. Delivery of the executed Agreements and the Series 2010A Bonds shall be
made to the Original Purchaser as soon as practicable after the effective date of this Series
Resolution.
Section 6.2. Approval of Agreements. The Agreements in substantially the form presented
at this meeting of the Council is hereby authorized and approved, and the Mayor and City
Clerk are authorized to execute and deliver the Agreements, with such changes therein as
such officials deem appropriate, for and on behalf of the City, such officers' signatures thereon
being conclusive evidence of such officials' and the City's approval thereof.
Section 6.3. General Authorization. From and after the date of adoption of this Series
Resolution, the officers, employees and agents of the City are hereby authorized to do all such
acts and things and to execute and deliver any and all other documents, agreements,
certificates and instruments relating to the Series 2010A Bonds, the investment of the
proceeds thereof and the other transactions contemplated on the part of the City by this Series
Resolution, including, but not limited to, the Tax Exemption Certificate referred to in Section
5.1 hereof.
Section 6.4. Construction. Except to the extent set forth herein, all of the applicable terms,
conditions and provisions of the Master Resolution shall be deemed and construed to apply to
the Series 2010A Bonds and are hereby incorporated by reference and made a part hereof to
the same extent as if fully set forth herein. Except as may otherwise be provided herein, the
Master Resolution shall remain in full force and effect.
Section 6.5. Severability. If any section, paragraph, or provision of this Series 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 6.6. 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 Series
Resolution are, to the extent of such conflict, hereby repealed; and this Series Resolution shall
be in effect from and after its adoption.
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Passed and approved this 21 day of December, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Storm Water Utility Revenue Capital Loan Notes, Series 2010B: City Manager
recommending approval of the suggested proceedings to complete action required on the
Storm Water Revenue Capital Loan Notes from the Iowa Water Pollution Control Works
Financing Program under the State of Iowa Revolving Fund Loan (SRF) program. Upon motion
the documents were received and filed and Resolution No. 467-09 Approving and authorizing
a form of Loan and Disbursement Agreements by and between the City of Dubuque and the
Iowa Finance Authority, and authorizing and providing for the issuance and securing the
payment of $998,000 Storm Water Utility Revenue Capital Loan Notes, Series 2010B, of the
City of Dubuque, Iowa, under the provisions of the Code of Iowa, and providing for a method of
payment of said Notes was adopted.
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RESOLUTION NO. 467-09
APPROVING AND AUTHORIZING THE FORM OF LOAN AND DISBURSEMENT
AGREEMENTS BY AND BETWEEN THE CITY OF DUBUQUE AND THE IOWA FINANCE
AUTHORITY, AND AUTHORIZING AND PROVIDING FOR THE ISSUANCE AND
SECURING THE PAYMENT OF $998,000 STORM WATER UTILITY REVENUE CAPITAL
LOAN NOTES, SERIES 2010B, OF THE CITY OF DUBUQUE, IOWA, UNDER THE
PROVISIONS OF THE CODE OF IOWA, AND PROVIDING FOR A METHOD OF PAYMENT
OF SAID NOTES
WHEREAS, the City Council of the City of Dubuque, Iowa, sometimes hereinafter referred
to as the "Issuer", has heretofore established charges, rates and rentals for services which are
and will continue to be collected as system revenues of the Storm Water Utility System,
sometimes hereinafter referred to as the "System", and said revenues have not been pledged
and are available for the payment of revenue Notes, subject to the following premises; and
WHEREAS, Issuer proposes to issue its Storm Water Utility Revenue Capital Loan Notes,
Series 2010B, to the extent of $998,000, for the purpose of defraying the costs of the Project
as set forth in Section 1 of this Resolution; and, it is deemed necessary and advisable and in
the best interests of the City that the form of Loan and Disbursement Agreements by and
between the City and the Iowa Finance Authority, be approved and authorized; and
WHEREAS, pursuant to the American Recovery and Reinvestment Act of 2009 ("ARRA"),
and in accordance with the terms of the Forgivable Loan and Disbursement Agreement, the
Iowa Finance Authority has authority to make and desires to make a forgivable loan to the City
in the amount of $198,000, from funds available to the Iowa Finance Authority under the
ARRA, for the purpose of assisting in financing a portion of the Project (defined herein); and
WHEREAS, the notice of intention of Issuer to take action for the issuance of not to exceed
$1,000,000 Storm Water Utility Revenue Capital Loan Notes has heretofore been duly
published and no objections to such proposed action have been filed:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IN THE COUNTY OF DUBUQUE, STATE OF IOWA:
Section 1. Definitions. The following terms shall have the following meanings in this
Resolution unless the text expressly or by necessary implication requires otherwise:
? "Additional Notes" shall mean any storm water utility revenue notes or notes issued
on a parity with the Notes in accordance with the provisions of this Resolution.
? "Agreements" shall mean the Loan and Disbursement Agreements, both dated as
of the Closing between the City and the Original Purchaser, relating to the Loan made
to the City under the Program.
? "Authorized Denominations" shall mean $5,000 or any integral multiple thereof.
? "Clerk" shall mean the City Clerk or such other officer of the successor Governing
Body as shall be charged with substantially the same duties and responsibilities.
? "Closing" shall mean the date of delivery of the Note to the Original Purchaser and
the funding of the Loan by the Trustee.
? "Corporate Seal" shall mean the official seal of Issuer adopted by the Governing
Body.
? "Fiscal Year" shall mean the twelve-month period beginning on July l of each year
and ending on the last day of June of the following year, or any other consecutive
twelve-month period adopted by the Governing Body or by law as the official accounting
period of the System. Requirements of a Fiscal Year as expressed in this Resolution
shall exclude any payment of principal or interest falling due on the first day of the Fiscal
Year and include any payment of principal or interest falling due on the first day of the
succeeding Fiscal Year.
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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 System.
? "Independent Auditor" shall mean an independent firm of Certified Public
Accountants or the Auditor of State.
? "Issuer" and "City" shall mean the City of Dubuque, Iowa.
? "Loan" shall mean the principal amount allocated by the Original Purchaser to the
City under the Program, equal in amount to the principal amount of the Notes;
? "Net Revenues" shall mean gross earnings of the System after deduction of
Current Expenses; "Current Expenses" shall mean and include the reasonable and
necessary cost of operating, maintaining, repairing and insuring the System, including
purchases at wholesale, if any, salaries, wages, and costs of materials and supplies, but
excluding depreciation and principal of and interest on the Notes and any Parity
Obligations or payments to the various funds established herein; capital costs,
depreciation and interest or principal payments are not System expenses.
? "Notes" or "Note" shall mean $998,000 Storm Water Utility Revenue Capital Loan
Notes, Series 2010B, authorized to be issued by this Resolution
? "Original Purchaser" shall mean the Iowa Finance Authority, as the purchaser of
the Notes from Issuer at the time of their original issuance.
? "Parity Obligations" shall mean storm water notes or bonds payable solely from the
Net Revenues of the System on an equal basis with the Notes herein authorized to be
issued.
? "Paying Agent" shall mean the City Treasurer, or such successor as may be
approved by Issuer as provided herein and who shall carry out the duties prescribed
herein as Issuer's agent to provide for the payment of principal of and interest on the
Notes as the same shall become due.
? "Permitted Investments" shall mean:
¦ direct obligations of (including obligations issued or held in book entry
form on the books of) the Department of the Treasury of the United States of
America;
¦ obligations of any of the following federal agencies which obligations
represent full faith and credit of the United States of America, including:
– Export - Import Bank
– Farm Credit System Financial Assistance Corporation
– USDA - Rural Development
– General Services Administration
– U.S. Maritime Administration
– Small Business Administration
– Government National Mortgage Association (GNMA)
– U.S. Department of Housing & Urban Development (PHA's)
– Federal Housing Administration
¦ repurchase agreements whose underlying collateral consists of the
investments set out above if the Issuer takes delivery of the collateral either
directly or through an authorized custodian. Repurchase agreements do not
include reverse repurchase agreements;
¦ senior debt obligations rated "AAA" by Standard & Poor's Corporation
(S&P) or "Aaa" by Moody's Investors Service Inc. (Moody's) issued by the
Federal National Mortgage Association or the Federal Home Loan Mortgage
Corporation;
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¦ U.S. dollar denominated deposit accounts, federal funds and banker's
acceptances with domestic commercial banks which have a rating on their short-
term certificates of deposit on the date of purchase of "A-1" or "A-1+" by S&P or
"P-1" by Moody's and maturing no more than 360 days after the date of purchase
(ratings on holding companies are not considered as the rating of the bank);
¦ commercial paper which is rated at the time of purchase in the single
highest classification, "A-1+" by S&P or "P-1" by Moody's and which matures not
more than 270 days after the date of purchase;
¦ investments in a money market fund rated "AAAm" or "AAAm-G" or better
by S&P;
¦ pre-refunded municipal obligations, defined as any notes or other
obligations of any state of the United States of America or of any agency,
instrumentality or local governmental unit of any such state which are not callable
at the option of the obligor prior to maturity or as to which irrevocable instructions
have been given by the obligor to call on the date specified in the notice; and
(a) which are rated, based on an irrevocable escrow account or fund (the
"escrow"), in the highest rating category of S&P or Moody's or any successors
thereto; or (b)(i) which are fully secured as to principal and interest and
redemption premium, if any, by an escrow consisting only of cash or direct
obligations of the Department of the Treasury of the United States of America,
which escrow may be applied only to the payment of such principal of and
interest and redemption premium, if any, on such notes or other obligations on
the maturity date or dates thereof or the specified redemption date or dates
pursuant to such irrevocable instructions, as appropriate; and (ii) which escrow is
sufficient, as verified by a nationally recognized independent certified public
accountant, to pay principal of and interest and redemption premium, if any, on
the notes or other obligations described in this paragraph on the maturity date or
dates specified in the irrevocable instructions referred to above, as appropriate;
¦ tax exempt notes as defined and permitted by section 148 of the Internal
Revenue Code and applicable regulations and only if rated within the two highest
classifications as established by at least one of the standard rating services
approved by the superintendent of banking by rule adopted pursuant to chapter
17A Code of Iowa;
¦ an investment contract rated within the two highest classifications as
established by at least one of the standard rating services approved by the
superintendent of banking by rule adopted pursuant to chapter 17A Code of
Iowa; and
¦ Iowa Public Agency Investment Trust.
? "Program" shall mean the Iowa Water Pollution Control Works Financing Program
undertaken by the Original Purchaser.
? "Project" shall mean the costs of the acquisition, construction, reconstruction,
extending, remodeling, improving, repairing and equipping all or part of the Storm Water
Management Utility System, including those costs associated with the North Fork
Catfish Creek Storm Sewer Improvements.
? "Project Fund" shall mean the Loan Account maintained by the Trustee under the
Program for the benefit of the Issuer, into which the proceeds of the Loan and the Note
shall be allocated and held until disbursed to pay Project costs.
? "Rebate Fund" shall mean the fund so defined in and established pursuant to the
Tax Exemption Certificate.
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? "Registrar" shall mean the City Treasurer or such successor as may be approved
by Issuer as provided herein and who shall carry out the duties prescribed herein with
respect to maintaining a register of the owners of the Notes. Unless otherwise specified,
the Registrar shall also act as Transfer Agent for the Notes.
? "Resolution" shall mean this resolution authorizing the issuance of the Notes.
? "SRF Obligations" shall mean bonds, notes or other obligations as may be issued
in connection with the Issuer?s participation in the Iowa Water Pollution Control Works
Financing Program administered by the Iowa Finance Authority and Iowa Department of
Natural Resources, including capitalization grants which are eligible for loan forgiveness
and funded pursuant to and subject to requirements under the American Recovery and
Reinvestment Act of 2009, which SRF Obligations may be Senior SRF Obligations or
subordinate SRF Obligations.
? "System" shall mean the Storm Water Utility of the Issuer and all properties of
every nature hereinafter owned by the Issuer comprising part of or used as a part of the
System, including all improvements and extensions made by Issuer while any of the
Notes or Parity Notes remain outstanding; all real and personal property; and all
appurtenances, contracts, leases, franchises and other intangibles.
? "Tax Exemption Certificate" shall mean the Tax Exemption Certificate executed by
the Treasurer and delivered at the time of issuance and delivery of the Notes.
? "Treasurer" shall mean the City Treasurer or such other officer as shall succeed to
the same duties and responsibilities with respect to the recording and payment of the
Notes issued hereunder.
? "Yield Restricted" shall mean required to be invested at a yield that is not materially
higher than the yield on the Notes under section 148(a) of the Internal Revenue Code or
regulations issued there under.
Section 2. Authority. The Agreements and the Notes authorized by this Resolution shall be
issued pursuant to Division V, Chapter 384 of the City Code of Iowa, and in compliance with all
applicable provisions of the Constitution and laws of the State of Iowa. The Agreements shall
be substantially in the form attached to this Resolution and are authorized to be executed and
issued on behalf of the Issuer by the Mayor and attested by the City Clerk.
Section 3. Authorization and Purpose. There are hereby authorized to be issued,
negotiable, serial, fully registered Storm Water Utility Revenue Capital Loan Notes of
Dubuque, in the County of Dubuque, State of Iowa, Series 2010B, in the aggregate amount of
$998,000 for the purpose of paying costs of the acquisition, construction, reconstruction,
extending, remodeling, improving, repairing and equipping all or part of the Storm Water
Management Utility System, including those costs associated with the North Fork Catfish
Creek Storm Sewer Improvements. The City Council, pursuant to Sections 384.24A and
384.84A of the Code of Iowa, hereby finds and determines that it is necessary and advisable to
issue said Notes authorized by the Agreements and this Resolution.
Section 4. Source of Payment. The Notes herein authorized and Parity Notes and the
interest thereon shall be payable solely and only out of the net earnings of the System and
shall be a lien on the future Net Revenues of the System. The Notes shall not be general
obligations of the Issuer nor shall they be payable in any manner by taxation and the Issuer
shall be in no manner liable by reason of the failure of the said Net Revenues to be sufficient
for the payment of the Notes.
Section 5. Note Details. Storm Water Utility Revenue Capital Loan Notes, Series 2010B, of
the City in the amount of $998,000, shall be issued to evidence the obligations of the Issuer
under the Agreements pursuant to the provisions of Sections 384.24A and 384.84A of the
Code of Iowa for the aforesaid purpose. The Notes shall be designated "STORM WATER
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UTILITY REVENUE CAPITAL LOAN NOTE, SERIES 2010B", be dated the date of delivery,
and bear interest at the rate of 3.0% per annum from the date of each advancement made
under the Agreement, until payment thereof, at the office of the Paying Agent, said interest
payable on June 1, 2010, and semi-annually thereafter on the 1st day of June and December
in each year until maturity as set forth on the Debt Service Schedules attached to the
Agreements as Exhibit A and incorporated herein by this reference. As set forth on said Debt
Service Schedules, principal shall be payable on June 1, 2011 and annually thereafter on the
1st day of June in the amounts set forth therein until principal and interest are fully paid, except
that the final installment of the entire balance of principal and interest, if not sooner paid, shall
become due and payable on June 1, 2030. Notwithstanding the foregoing or any other
provision hereof, principal and interest shall be payable as shown on said Debt Service
Schedules until completion of the Project, at which time the final Debt Service Schedules shall
be determined by the Trustee based upon actual advancements, final costs and completion of
the Project, all as provided in the administrative rules governing the Program. Payment of
principal and interest on the Notes shall at all times conform to said Debt Service Schedules
and the rules of the Program.
The Notes shall be executed by the manual or facsimile signature of the Mayor and attested
by the manual or facsimile signature of the Clerk, and impressed or imprinted with the seal of
the City and shall be fully registered as to both principal and interest as provided in this
Resolution; principal, interest and premium, if any, shall be payable at the office of the Paying
Agent by mailing of a check, wire transfer or automated clearing house system transfer to the
registered owner of the Note. The Notes shall be in the denomination of $1,000 or multiples
thereof and may at the request of the Original Purchaser be initially issued in Notes in the
respective denominations of $800,000 numbered R-1 and $198,000 numbered R-2.
Section 6. Initiation Fee and Servicing Fee. In addition to the payment of principal of and
interest on the Notes, the Issuer also agrees to pay the Initiation Fee and the Servicing Fee as
defined and in accordance with the terms of the Agreements.
Section 7. Forgivable Loan. Notwithstanding Sections 5 and 6 to the contrary, with regard to
Note R-2, provided that the Issuer proceeds with diligence to completion of the Project and
complies with all applicable ARRA requirements as fully set forth in section 14 of the
Forgivable Loan and Disbursement Agreement (the "Forgivable Loan"), (i) no payments of
interest, principal, Servicing Fee or Initiation Fee shall be due under the Forgivable Loan
during construction of the Project and (ii) following completion of the Project and receipt by the
Iowa Finance Authority of a certificate of completion from the Issuer, the Forgivable Loan shall
be forgiven, in full, by the Iowa Finance Authority, and no payments of principal or interest shall
be due under the Forgivable Loan and Disbursement Agreement.
Section 8. Redemption. The Notes are subject to optional redemption at a price of par plus
accrued interest (i) on any date upon receipt of written consent of the Original Purchaser or (ii)
in the event that all or substantially all of the Project is damaged or destroyed. Any optional
redemption of the Notes may be made from any funds regardless of source, in whole or from
time to time in part, in inverse order of maturity, by giving not less than thirty (30) days notice
of redemption by certified or registered mail to the Original Purchaser (or any other registered
owner of the Note). The terms of redemption shall be par, plus accrued interest to date of call.
The Notes are also subject to mandatory redemption as set forth in Section 5 of the
Agreement.
Section 9. 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,
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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 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 if any note is
not presented for payment of principal at the maturity or redemption date, if funds
sufficient to pay such principal of or interest on Notes shall have been made available to
the Paying Agent for the benefit of the owner thereof, all liability of the Issuer to the
owner thereof for such interest or payment of such Notes shall forthwith cease,
terminate and be completely discharged, and thereupon it shall be the duty of the
Paying Agent to hold such funds, without liability for interest thereon, for the benefit of
the owner of such Notes who shall thereafter be restricted exclusively to such funds for
any claim of whatever nature on his part under this Resolution or on, or with respect to,
such interest or Notes. The Paying Agent's obligation to hold such funds shall continue
for a period equal to two years and six months following the date on which such interest
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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 10. 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 11. 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.
Section 12. Execution, Authentication and Delivery of the Notes. Upon the adoption of this
Resolution, the Mayor and City Clerk shall execute and deliver the Notes to the Registrar, who
shall authenticate the Notes and deliver the same to or upon order of the Original Purchaser.
No Note shall be valid or obligatory for any purpose or shall be 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 13. 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 14. Form of Note. Notes shall be printed in substantial compliance with standards
proposed by the American Standards Institute substantially in the form as [provided]:
Section 15. Equality of Lien. The timely payment of principal of and interest on the Notes
and Parity Notes shall be secured equally and ratably by the Net Revenues of the System
without priority by reason of number or time of sale or delivery; and the Net Revenues of the
System are hereby irrevocably pledged to the timely payment of both principal and interest as
the same become due.
Section 16. Application of Note Proceeds - Project Fund. Proceeds of the Notes shall be
applied as follows:
An amount equal to the Initiation Fee and other costs of issuance of the Notes shall
be applied to pay such costs as may be approved by the Treasurer.
The balance of the proceeds shall be deposited to the Project Fund and expended
there from for the purposes of issuance.
Any amounts on hand in the Project Fund shall be available for the payment of the principal
of or interest on the Notes at any time that other funds of the System shall be insufficient to the
purpose, in which event such funds shall be repaid to the Project Fund at the earliest
opportunity. Any balance on hand in the Project Fund and not immediately required for its
purposes may be invested not inconsistent with limitations provided by law, the Internal
15
Revenue Code and this Resolution. Any excess proceeds remaining on hand after completion
of the purpose of issuance shall be paid into the Improvement Fund to the maximum required
amounts and any remaining amounts shall be used to call or otherwise retire Notes.
Section 17. User Rates. There has heretofore been established and published as required
by law, just and equitable rates or charges for the use of the service rendered by the System.
Said rates or charges to be paid by the owner of each and every lot, parcel of real estate, or
building that is connected with and uses the System, by or through any part of the System or
that in any way uses or is served by the System.
Any revenues paid and collected for the use of the System and its services by the Issuer or
any department, agency or instrumentality of the Issuer shall be used and accounted for in the
same manner as any other revenues derived from the operations of the System.
Section 18. Application of Revenues. From and after the delivery of any Notes, and as long
as any of the Notes or Parity Notes shall be outstanding and unpaid either as to principal or as
to interest, or until all of the Notes and Parity Notes then outstanding shall have been
discharged and satisfied in the manner provided in this Resolution, the entire income and
revenues of the System shall be deposited as collected in a fund to be known as the Storm
Water Utility Revenue Fund (the "Revenue Fund"), and shall be disbursed only as follows:
(a) Operation and Maintenance Fund. Money in the Revenue Fund shall first be
disbursed to make deposits into a separate and special fund to pay current expenses.
The fund shall be known as the Storm Water Utility Revenue Operation and
Maintenance Fund (the "Operation and Maintenance Fund"). There shall be deposited
in the Operation and Maintenance Fund each month an amount sufficient to meet the
current expenses of the month plus an amount equal to 1/12th of expenses payable on
an annual basis such as insurance. After the first day of the month, further deposits may
be made to this account from the Revenue Fund to the extent necessary to pay current
expenses accrued and payable to the extent that funds are not available in the Surplus
Fund.
(b) Sinking Fund. Money in the Revenue Fund shall next be disbursed to make
deposits into a separate and special fund to pay the principal and interest requirements
of the Fiscal Year on the Notes and Parity Notes. The fund shall be known as the Storm
Water Utility Revenue Capital Loan Note and Interest Sinking Fund (the "Sinking
Fund"). The required amount to be deposited in the Sinking Fund in any month shall be
the equal monthly amount necessary to pay in full the installment of interest coming due
on the next interest payment date on the then outstanding Notes and Parity Notes plus
the equal monthly amount necessary to pay in full the installment of principal coming
due on such Notes on the next succeeding principal payment date until the full amount
of such installment is on hand. If for any reason the amount on hand in the Sinking Fund
exceeds the required amount, the excess shall forthwith be withdrawn and paid into the
Revenue Fund. Money in the Sinking Fund shall be used solely for the purpose of
paying principal of and interest on the Notes and Parity Notes as the same shall
become due and payable.
(c) Subordinate Obligations. Money in the Revenue Fund may next be used to pay
principal of and interest on (including reasonable reserves therefor) any other
obligations which by their terms shall be payable from the revenues of the System, but
subordinate to the Notes and Parity Notes, and which have been issued for the
purposes of extensions and improvements to the System or to retire the Notes or Parity
Notes in advance of maturity, or to pay for extraordinary repairs or replacements to the
System.
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(d) Surplus Revenue. All money thereafter remaining in the Revenue Fund at the
close of each month may be deposited in any of the funds created by this Resolution,
may be used to pay for extraordinary repairs or replacements to the System, or may be
used to pay or redeem the Notes or Parity Notes any of them, or for any lawful purpose.
Money in the Revenue Fund shall be allotted and paid into the various funds and accounts
hereinbefore referred to in the order in which said funds are listed, on a cumulative basis on
the 10th day of each month, or on the next succeeding business day when the 10th shall not
be a business day; and if in any month the money in the Revenue Fund shall be insufficient to
deposit or transfer the required amount in any of said funds or accounts, the deficiency shall
be made up in the following month or months after payments into all funds and accounts
enjoying a prior claim to the revenues shall have been met in full.
Section 19. Investments. Moneys on hand in the Project Fund and all of the funds provided
by this Resolution may be invested only in Permitted Investments or deposited in financial
institutions which are members of the Federal Deposit Insurance Corporation, or its equivalent
successor, and the deposits of which are insured thereby and all such deposits exceeding the
maximum amount insured from time to time by FDIC or its equivalent successor in any one
financial institution shall be continuously secured in compliance with the State Sinking Fund
provided under Iowa Code chapter 12C, or otherwise by a valid pledge of direct obligations of
the United States Government having an equivalent market value. All investments shall mature
before the date on which the moneys are required for the purposes for which the fund was
created or otherwise as herein provided. The provisions of this Section shall not be construed
to require the Issuer to maintain separate accounts for the funds created by this Section.
All income derived from such investments shall be deposited in the Revenue Fund and shall
be regarded as revenues of the System except earnings on investments of the Project Fund
shall be deposited in and expended from the Project Fund. Investments shall at any time
necessary be liquidated and the proceeds thereof applied to the purpose for which the
respective fund was created.
Section 20. Covenants Regarding the Operation of the System. The Issuer hereby
covenants and agrees with each and every holder of the Notes and Parity Notes:
(a) Maintenance and Efficiency. The Issuer will maintain the System in good
condition and operate it in an efficient manner and at reasonable cost.
(b) Sufficiency of Rates. On or before the beginning of each Fiscal Year the
Governing Body will adopt or continue in effect rates for all services rendered by the
System determined to be sufficient to produce Net Revenues for the next succeeding
Fiscal Year adequate to pay principal and interest requirements and create reserves as
provided in this Resolution but not less than 110% percent of the principal and interest
requirements of the Fiscal Year. No free use of the System by the Issuer or any
department, agency or instrumentality of the Issuer shall be permitted except upon the
determination of the Governing Body that the rates and changes otherwise in effect are
sufficient to provide Net Revenues at least equal to the requirements of this subsection.
(c) Insurance. The Issuer shall maintain insurance for the benefit of the note holders
on the insurable portions of the System of a kind and in an amount which normally
would be carried by private companies engaged in a similar kind of business. The
proceeds of any insurance, except public liability insurance, shall be used to repair or
replace the part or parts of the System damaged or destroyed.
(d) Accounting and Audits. The Issuer will cause to be kept proper books and
accounts adapted to the System and in accordance with generally accepted accounting
practices, and will diligently act to cause the books and accounts to be audited annually
and reported upon not later than 180 days after the end of each Fiscal Year by an
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Independent Auditor and will provide copies of the audit report to the holders of any of
the Notes and Parity Notes upon request. The holders of any of the Notes and Parity
Notes shall have at all reasonable times the right to inspect the System and the records,
accounts and data of the Issuer relating thereto.
(e) State Laws. The Issuer will faithfully and punctually perform all duties with
reference to the System required by the Constitution and laws of the State of Iowa,
including the making and collecting of reasonable and sufficient rates for services
rendered by the System as above provided, and will segregate the revenues of the
System and apply said revenues to the funds specified in this Resolution.
(f) Property. The Issuer will not sell, lease, mortgage or in any manner dispose of the
System, or any capital part thereof, including any and all extensions and additions that
may be made thereto, until satisfaction and discharge of all of the Notes and Parity
Notes shall have been provided for in the manner provided in this Resolution; provided,
however, that this covenant shall not be construed to prevent the disposal by the Issuer
of property which in the judgment of its Governing Body has become inexpedient or
unprofitable to use in connection with the System, or if it is to the advantage of the
System that other property of equal or higher value be substituted therefor, and
provided further that the proceeds of the disposition of such property shall be placed in
a revolving fund and used in preference to other sources for capital improvements to the
System. Any such proceeds of the disposition of property acquired with the proceeds of
the Notes or Parity Notes shall not be used to pay principal or interest on the Notes and
Parity Notes or for payments into the Sinking Funds.
(g) Fidelity Note. The Issuer shall maintain fidelity note coverage in amounts which
normally would be carried by private companies engaged in a similar kind of business
on each officer or employee having custody of funds of the System.
(h) Budget. The Governing Body of the Issuer shall approve and conduct operations
pursuant to a system budget of revenues and current expenses for each Fiscal Year.
Such budget shall take into account revenues and current expenses during the current
and last preceding Fiscal Years. Copies of such budget and any amendments thereto
shall be provided to the holders of any of the Notes upon request.
Section 21. Remedies of Note holders. Except as herein expressly limited the holder or
holders of the Notes and Parity Notes shall have and possess all the rights of action and
remedies afforded by the common law, the Constitution and statutes of the State of Iowa, and
of the United States of America, for the enforcement of payment of their Notes and interest
thereon, and of the pledge of the revenues made hereunder, and of all covenants of the Issuer
hereunder.
Section 22. Prior Lien and Parity Notes. The Issuer will issue no other Notes or obligations
of any kind or nature payable from or enjoying a lien or claim on the property or revenues of
the System having priority over the Notes or Parity Notes.
Additional Notes may be issued on a parity and equality of rank with the Notes with respect
to the lien and claim of such Additional Notes to the revenues of the System and the money on
deposit in the funds adopted by this Resolution, for the following purposes and under the
following conditions, but not otherwise:
(a) For the purpose of refunding any of the Notes or Parity Notes which shall have
matured or which shall mature not later than three months after the date of delivery of
such refunding Notes and for the payment of which there shall be insufficient money in
the Sinking Fund;
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(b) For the purpose of refunding any Notes, Parity Notes or general obligation notes
outstanding, or making extensions, additions, improvements or replacements to the
System, if all of the following conditions shall have been met:
(i) before any such Additional Notes ranking on a parity are issued, there will
have been procured and filed with the Clerk, a statement of an Independent
Auditor not a regular employee of the Issuer, reciting the opinion based upon
necessary investigations that the Net Revenues of the System for the preceding
Fiscal Year (with adjustments as hereinafter provided) were equal to at least 1.10
times the maximum amount that will be required in any Fiscal Year prior to the
longest maturity of any of the Notes or Parity Notes for both principal of and
interest on all Notes or Parity Notes then outstanding which are payable from the
net earnings of the System and the Additional Notes then proposed to be issued.
For the purpose of determining the Net Revenues of the System for the
preceding Fiscal Year as aforesaid, the amount of the gross revenues for such
year may be adjusted by an Independent Auditor, not a regular employee of the
Issuer, so as to reflect any changes in the amount of such revenues which would
have resulted had any revision of the schedule of rates or charges imposed at or
prior to the time of the issuance of any such Additional Notes been in effect
during all of such preceding Fiscal Year.
(ii) the Additional Notes must be payable as to principal and as to interest on
the same month and day as the Notes herein authorized.
(iii) for the purposes of this Section, principal and interest falling due on the
first day of a Fiscal Year shall be deemed a requirement of the immediately
preceding Fiscal Year.
(iv) for the purposes of this Section, general obligation capital loan notes shall
be refunded only upon a finding of necessity by the Governing Body and only to
the extent the general obligation capital loan notes were issued or the proceeds
of them were expended for the System.
(v) for purposes of this Section, "preceding Fiscal Year" shall be the most
recently completed Fiscal Year for which audited financial statements prepared
by a certified public accountant are issued and available, but in no event a Fiscal
Year which ended more than eighteen months prior to the date of issuance of the
Additional Notes.
Section 23. Disposition of Note Proceeds; Arbitrage Not Permitted. The Issuer reasonably
expects and covenants that no use will be made of the proceeds from the issuance and sale of
the Notes issued hereunder which will cause any of the Notes to be classified as arbitrage
bonds within the meaning of Section 148(a) and (b) of the Internal Revenue Code of the United
States, and that throughout the term of said Notes it will comply with the requirements of said
statute and regulations issued there under.
To the best knowledge and belief of the Issuer, there are no facts or circumstances that
would materially change the foregoing statements or the conclusion that it is not expected that
the proceeds of the Notes will be used in a manner that would cause the Notes to be arbitrage
bonds. Without limiting the generality of the foregoing, the Issuer hereby agrees to comply with
the provisions of the Tax Exemption Certificate and the provisions of the Tax Exemption
Certificate are hereby incorporated by reference as part of this Resolution. The Treasurer is
hereby directed to make and insert all calculations and determinations necessary to complete
the Tax Exemption Certificate in all respects and to execute and deliver the Tax Exemption
Certificate at issuance of the Notes to certify as to the reasonable expectations and covenants
of the Issuer at that date.
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The Issuer covenants that it will treat as Yield Restricted any proceeds of the Notes
remaining unexpended after three years from the issuance and any other funds required by the
Tax Exemption Certificate to be so treated. If any investments are held with respect to the
Notes and Parity Notes, the Issuer shall treat the same for the purpose of restricted yield as
held in proportion to the original principal amounts of each issue.
The Issuer covenants that it will exceed any investment yield restriction provided in this
Resolution only in the event that it shall first obtain an opinion of recognized bond counsel that
the proposed investment action will not cause the Notes to be classified as arbitrage bonds
under Section 148(a) and (b) of the Internal Revenue Code or regulations issued there under.
The Issuer covenants that it will proceed with due diligence to spend the proceeds of the
Notes for the purpose set forth in this Resolution. The Issuer further covenants that it will make
no change in the use of the proceeds available for the construction of facilities or change in the
use of any portion of the facilities constructed there from by persons other than the Issuer or
the general public unless it has obtained an opinion of bond counsel or a revenue ruling that
the proposed project or use will not be of such character as to cause interest on any of the
Notes not to be exempt from federal income taxes in the hands of holders other than
substantial users of the project, under the provisions of Section 142(a) of the Internal Revenue
Code of the United States, related statutes and regulations.
Section 24. Additional Covenants, Representations and Warranties of the Issuer. The Issuer
certifies and covenants with the purchasers and holders of the Notes from time to time
outstanding that the Issuer through its officers, (a) will make such further specific covenants,
representations and assurances as may be necessary or advisable; (b) comply with all
representations, covenants and assurances contained in the Tax Exemption Certificate, which
Tax Exemption Certificate shall constitute a part of the contract between the Issuer and the
owners of the Notes; (c) consult with bond counsel (as defined in the Tax Exemption
Certificate); (d) pay to the United States, as necessary, such sums of money representing
required rebates of excess arbitrage profits relating to the Notes; (e) file such forms,
statements and supporting documents as may be required and in a timely manner; and (f) if
deemed necessary or advisable by its officers, to employ and pay fiscal agents, financial
advisors, attorneys and other persons to assist the Issuer in such compliance.
Section 25. Amendment of Resolution to Maintain Tax Exemption. This Resolution may be
amended without the consent of any owner of the Notes if, in the opinion of bond counsel,
such amendment is necessary to maintain tax exemption with respect to the Notes under
applicable Federal law or regulations.
Section 26. Qualified Tax-Exempt Obligations. For the sole purpose of qualifying the Notes
as "Qualified Tax-Exempt Obligations" pursuant to Section 265(b) of the Internal Revenue
Code of the United States, as amended, the Issuer designates the Notes as qualified tax-
exempt obligations and represents that the reasonably anticipated amount of tax-exempt
governmental obligations which will be issued during the current calendar year will not exceed
Thirty (30) Million Dollars.
Section 27. Discharge and Satisfaction of Notes. The covenants, liens and pledges entered
into, created or imposed pursuant to this Resolution may be fully discharged and satisfied with
respect to the Notes and Parity Notes, or any of them, in any one or more of the following
ways:
(a) By paying the Notes or Parity Notes when the same shall become due and
payable; and
(b) By depositing in trust with the Treasurer, or with a corporate trustee designated by
the Governing Body for the payment of said obligations and irrevocably appropriated
exclusively to that purpose an amount in cash or direct obligations of the United States
20
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 or Parity Notes shall
cease, determine and be completely discharged, and the holders thereof shall be entitled only
to payment out of the money or securities so deposited.
Section 28. Resolution a Contract. The provisions of this Resolution shall constitute a
contract between the Issuer and the holder or holders of the Notes and Parity Notes, and after
the issuance of any of the Notes no change, variation or alteration of any kind in the provisions
of this Resolution shall be made in any manner, except as provided in the next succeeding
Section, until such time as all of the Notes and Parity Notes, and interest due thereon, shall
have been satisfied and discharged as provided in this Resolution.
Section 29. Amendment of Resolution Without Consent. The Issuer may, without the
consent of or notice to any of the holders of the Notes and Parity Notes, amend or supplement
this Resolution for any one or more of the following purposes:
(a) to cure any ambiguity, defect, omission or inconsistent provision in this Resolution
or in the Notes or Parity Notes; or to comply with any application provision of law or
regulation of federal or state agencies; provided, however, that such action shall not
materially adversely affect the interests of the holders of the Notes or Parity Notes;
(b) to change the terms or provisions of this Resolution to the extent necessary to
prevent the interest on the Notes or Parity Notes from being includable within the gross
income of the holders thereof for federal income tax purposes;
(c) to grant to or confer upon the holders of the Notes or Parity Notes any additional
rights, remedies, powers or authority that may lawfully be granted to or conferred upon
the holders of the Notes;
(d) to add to the covenants and agreements of the Issuer contained in this Resolution
other covenants and agreements of, or conditions or restrictions upon, the Issuer or to
surrender or eliminate any right or power reserved to or conferred upon the Issuer in
this Resolution; or
(e) to subject to the lien and pledge of this Resolution additional pledged revenues as
may be permitted by law.
Section 30. Amendment of Resolution Requiring Consent. This Resolution may be
amended from time to time if such amendment shall have been consented to by holders of not
less than two-thirds in principal amount of the Notes and Parity Notes at any time outstanding
(not including in any case any Notes which may then be held or owned by or for the account of
the Issuer, but including such Refunding Notes as may have been issued for the purpose of
refunding any of such Notes if such Refunding Notes shall not then be owned by the Issuer);
but this Resolution may not be so amended in such 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 and Parity
Notes then outstanding; and
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(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 and to be mailed by certified mail to each registered owner of any Notes as shown
by the records of the Registrar. Such notice shall set forth the nature of the proposed
amendment and shall state that a copy of the proposed amendatory 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 and Parity Notes.
Any consent given by the holder of a Note pursuant to the provisions of this Section shall be
irrevocable for a period of six months from the date of the instrument 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.
Notwithstanding anything in this Section to the contrary, the holder or holders of 100% of
the Notes and Parity Obligations may consent to any amendment of this Resolution, or waive
any notices required hereunder, on such terms and under such conditions as said holders shall
determine to be appropriate.
Section 31. 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 32. 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.
Section 33. Rule of Construction. This Resolution and the terms and conditions of the Notes
authorized hereby shall be construed whenever possible so as not to conflict with the terms
and conditions of the Loan and Disbursement Agreements. In the event such construction is
not possible, or in the event of any conflict or inconsistency between the terms hereof and
those of the Loan and Disbursement Agreements, the terms of the Loan and Disbursement
22
Agreements shall prevail and be given effect to the extent necessary to resolve any such
conflict or inconsistency.
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Passed and approved this 21day of December, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Federal Emergency Management Agency (FEMA): City Manager recommending approval of
a letter to the Federal Emergency Management Agency (FEMA) requesting changes to the
preliminary digital flood insurance rate map for the Dubuque Industrial Center West. Upon
motion the documents were received, filed and approved.
Barton Randle Second Addition – Plat of Survey: Zoning Advisory Commission
recommending approval of the Plat of Survey of Barton Randle Second Addition. Upon motion
the documents were received and filed and Resolution No. 468-09 Approving a Plat of Survey
of Barton Randle Second Addition in the City of Dubuque, Iowa, was adopted.
RESOLUTION NO. 468-09
APPROVING A PLAT OF SURVEY BARTON RANDLE SECOND ADDITION IN THE CITY
OF DUBUQUE, IOWA.
Whereas, there has been filed with the City Clerk a Plat of Survey Barton Randle Second
Addition in the City of Dubuque, Iowa; and
Whereas, said Plat of Survey provides no frontage for Lots 1 and 2 on a public street or
approved private street as required by Section 11-14 of Title 16 of the City of Dubuque Code of
Ordinances, Unified Development Code; and
Whereas, said Plat of Survey has been examined by the Zoning Advisory Commission and
had its approval endorsed thereon; and
Whereas, said Plat of Survey has been examined by the City Council and they find that it
conforms to the statues and ordinances relating to it.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Section 11-14 of Title 16 of the City of Dubuque Code of Ordinances,
Unified Development Code, is waived to allow no frontage on a public street or an approved
private street for Lots 1 and 2.
Section 2. That the Plat of Survey Barton Randle Second Addition is hereby approved and
the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the
City of Dubuque, Iowa upon said final plat.
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Passed, approved and adopted this 21 day of December 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
2009 Public Right-of-Way Assessments: City Manager recommending approval of the levy
of special assessments for four property owners who failed to complete required replacements
or corrections to sidewalks, driveways, excavation surface patches or obstruction removal in
2009. Upon motion the documents were received and filed and Resolution No. 469-09
Adopting the final assessment schedule for the 2009 Public Right-of-Way Assessment
properties was adopted.
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RESOLUTION NO. 469-09
ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR THE 2009 PUBLIC RIGHT-OF-
WAY ASSESSMENT PROPERTIES
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 1 inclusive, is hereby approved for the 2009 Public Right-of-way
Assessment Properties.
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
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Treasurer, 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 21 day of December, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
CITY OF DUBUQUE, IOWA
2009 PUBLIC RIGHT-OF-WAY ASSESSMENT PROJECT FINAL SCHEDULE OF
VALUATION AND PROPOSED ASSESSMENTS, DECEMBER 8, 2009
The following schedule is hereby determined to show each lot proposed to be assessed for
the improvement shown in the title together with the amount proposed to be assessed against
each lot and the valuations shown opposite each lot are hereby fixed as the true valuations of
such lots by the City Council of the City of Dubuque.
PROPERTY OWNER NAME, LOT DESCRIPTION, PARCEL NUMBER, STREET
ADDRESS, VALUATION WITH IMPROVEMENT, PUBLIC RIGHT-OF-WAY ASSESSMENT
Dubuque Property Investments LLC, Lot 1-7 Lenox Add, 10-27-279-019, 2631 University,
$15,156.81, $1,856.81
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Rhomberg, Susan, Lot 2-96 & LOT 2-97 Mcdaniels Park Hill, 10-14-426-010, 2930 Keokuk,
$111,957.50, $57.50
Johnson, Robert L & Bethany Golombeski, Lot 1 Golombeski's Addition #2, 10-24-378-025,
550 Arlington, $11,274.94, $1,774.94
Parks, Bradford, Lot 1 Golombeski's Addition, 10-24-378-023, 570 Arlington, $12,962.17,
$662.17
Fire Station No. 4 Door Modifications Project: City Manager recommending acceptance of
the Fire Station No. 4 Door Modifications Project as completed by Portzen Construction, Inc.,
in the final contract amount of $61,593.00. Upon motion the documents were received and
filed and Resolution No. 470-09 Accepting the Fire Station No. 4 Door Modifications Project
and authorizing payment of the contract amount to the contractor was adopted.
RESOLUTION NO. 470-09
ACCEPTING THE FIRE STATION NO. 4 DOOR MODIFICATIONS PROJECT AND
AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR
Whereas, the Public Improvement Contract for the Fire Station No. 4 Door Modifications
Project (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.
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 Station
No. 4 Improvements appropriation for the contract amount of $61,593.00 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 21 day of December, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE FIRE STATION NO. 4
DOOR MODIFICATIONS PROJECT
The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has
inspected the Fire Station No. 4 Door Modifications Project, 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 $76,493.00.
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Dated this 14 day of December, 2009.
Gus Psihoyos, City Engineer
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Filed in the office of the City Clerk on the 17 day of December, 2009.
Jeanne F. Schneider, CMC, City Clerk
US Highway 52 Resurfacing Project: City Manager recommending acceptance of the US
Highway 52 Resurfacing Project as completed by River City Paving, Inc., a division of Mathy
Construction, Inc., in the final contract amount of $1,128,514.44. Upon motion the documents
were received and filed and Resolution No. 471-09 Accepting the US Highway 52 Resurfacing
Project and authorizing payment of the contract amount to the contractor was adopted.
25
RESOLUTION NO. 471-09
ND
ACCEPTING THE US 52 RESURFACING PROJECT – 32 STREET TO THE NORTHWEST
ARTERIAL AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE
CONTRACTOR
nd
Whereas, the Public Improvement Contract for the US 52 Resurfacing Project – 32 Street
to the Northwest Arterial (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.
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
Highway 52 Resurfacing, US 52 Storm Sewer, Signalization Program, and Curb/Catch Basin
Replacement appropriations for the contract amount of $1,128,514.44 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.
st
Passed, approved and adopted this 21 day of December, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE US 52
ND
RESURFACING PROJECT – 32 STREET TO THE NORTHWEST ARTERIAL
The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has
nd
inspected the, that the US 52 Resurfacing Project – 32 Street to the Northwest Arterial has
been performed in compliance with the terms of the Public Improvement Contract, and that the
total cost of the completed work is $1,162,197.46.
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Dated this 14 day of December, 2009.
Gus Psihoyos, City Engineer
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Filed in the office of the City Clerk on the 17 day of December, 2009.
Jeanne F. Schneider, CMC, City Clerk
Operation: New View Community Action Agency: Communication from Becky Jenkins,
Operation: New View Community Action Agency, advising that Operation: New View and the
Earned Income Tax Credit (EITC) Outreach Task Force will be hosting the 2010 EITC
Awareness Day on January 29, 2010. Upon motion the documents were received and filed.
Childhood Lead Poisoning Prevention Program (CLPPP): City Manager recommending
approval of a contract revision with the VNA for services related to the Childhood Lead
Poisoning Prevention Program (CLPPP). Upon motion the documents were received, filed, and
approved.
2009 Tax Appeal – Stipulation of Settlement: City Attorney submitting the Stipulation of
Settlement in the 2009 tax assessment appeal of Richard V. and Charlene L. Hansel Living
Trusts. Upon motion the documents were received and filed.
Purchase of Property – 1545 South Grandview Avenue: City Manager recommending
acceptance of the Warranty Deed from Scott J. Nelson for property located at 1545 South
26
Grandview Avenue for the purpose of creating a City park. Upon motion the documents were
received and filed and Resolution No. 472-09 Accepting the deed to certain real estate in
Dubuque County, Iowa from Scott J. Nelson was adopted.
RESOLUTION NO. 472-09
ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IOWA
FROM SCOTT J. NELSON
Whereas, the City of Dubuque entered into an Agreement with Scott J. Nelson for the
purchase of the property at 1545 South Grandview Avenue for the purpose of creating a City
park at that location legally described as: Lot 2 of Lot 2 of Mineral Lot 12 in the City of Dubuque,
Iowa, commonly known as 1545-1545½ South Grandview Avenue, Dubuque, Iowa, and;
Whereas, the terms of the Agreement have now been met.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, AS FOLLOWS:
1. The City of Dubuque hereby accepts the Warranty Deed from Scott J. Nelson attached
hereto.
2. The City Clerk is hereby authorized and directed to record this Resolution and the
Warranty Deed with the Dubuque County Recorder.
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Passed, approved and adopted this 21 day of December, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Signed Contracts: Water Pollution Control Plant Replacement Project – Strand Associates,
Inc. Amendment #1 Clarification; Ecosmart Building Professional Services Agreement. Upon
motion the documents were received and filed.
Liquor and Tobacco License Applications: City Manager recommending approval of annual
liquor license renewals as submitted. Motion by Jones to receive and file the documents and
adopt Resolution No. 473-09 Granting the issuance of permits to sell cigarettes to Iowa Street
Market, Gas N Go (4110 Dodge Street), and Gas N Go (3270 Dodge Street); Resolution No.
474-09 Granting the issuance of a Class “B” Beer Permit to UAW Local #94 and a Class “C”
Beer Permit to Clark of Dubuque and Iowa Street Market; and Resolution No. 475-09 Granting
the issuance of a Class “C” Beer/Liquor License to Bowling and Beyond, Las Margaritas and
the Moracco; a Class “C” Beer/Liquor License (Five-day Special Event) to Restoration Trust
LLC; a Class “B” Wine Permit to Iowa Street Market; and a Class “WBN” Native Wine Permit to
Engraved Gift Collection and Hy-Vee Gas #2. Seconded by Voetberg. Jones stated that the
Restoration Trust LLC license is for a community New Year’s event that will benefit the
Dubuque Rescue Mission and Restoration Trust. Motion carried 7-0.
RESOLUTION NO. 473-09
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.
3 NEW
Iowa Street Market Terrence J. Norton 1236 Iowa Street
Gas N Go 4110 Gas, Inc. 4110 Dodge Street
Gas N Go 3270 Gas, Inc. 3270 Dodge Street
27
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Passed, approved and adopted this 21 day of December, 2009
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 474-09
Whereas, applications for Beer Permits have been submitted and filed to this Council for
approval and the same have been examined and approved: and
Whereas, the premises to be occupied by such applicants, were inspected and found to
comply with the Ordinances of the City and have filed proper bonds.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause to be issued the following named applicants a
Beer Permit.
CLASS “B” BEER PERMIT
International UAW Local # 94 UAW Local # 94+(Sunday Sale) 3450 Central Avenue
CLASS “C” BEER PERMIT
Hiba Petroleum Inc. Clark of Dubuque+(Sunday Sale) 700 Rhomberg Avenue
Iowa Street Market, Inc. Iowa Street Market+(Sunday Sale) 1256 Iowa Street
Passed, approved and adopted this 21st day of December, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 475-09
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
Bowling & Beyond Dubuque Bowling & Beyond 1860 Hawthorne Street
+(Sunday & Outdoor Sale)
Mayas, Inc. Las Margaritas 1575 JFK Road
+(Sunday & Outdoor Sale)
The Moracco, Inc. Moracco+(Sunday Sale) 1413 Rockdale Road
CLASS “C” BEER/LIQUOR LICENSE (5-Day Special Event)
Restoration Trust LLC Restoration Trust LLC 1079 Elm Street
CLASS “B” WINE
Iowa Street Market, Inc. Iowa Street Market 1256 Iowa Street
CLASS “WBN” NATIVE WINE
Woodline, Inc. Engraved Gift Collection 962 Main Street
Hy-Vee, Inc. Hy-Vee Gas #2 2435 NW Arterial
Passed, approved and adopted this 21st day of December, 2009
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
28
ITEMS TO BE SET FOR PUBLIC HEARING
Motion by Voetberg to receive and file the documents, adopt the resolution, set the public
hearing as indicated, and direct the City Clerk to publish notice as prescribed by law.
Seconded by Connors. Motion carried 7-0.
General Obligation Urban Renewal Bonds: City Manager recommending that a public
hearing be set for January 4, 2010 to consider the issuance of not to exceed $2,500,000
General Obligation Urban Renewal Bonds. Upon motion the documents were received and
filed and Resolution No. 476-09 Fixing date for a meeting on the proposition of the issuance of
not to exceed $2,500,000 General Obligation Urban Renewal Bonds (for Urban Renewal
Purposes) of the City 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 January 4, 2010
in the Historic Federal Building.
RESOLUTION NO. 476-09
FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO
EXCEED $2,500,000 GENERAL OBLIGATION URBAN RENEWAL BONDS (FOR URBAN
RENEWAL PURPOSES) OF THE CITY OF DUBUQUE, IOWA, AND PROVIDING FOR
PUBLICATION OF NOTICE THEREOF
Whereas, this Council previously has held a public hearing and, by Resolution No. 459-09
approved on December 7, 2009, resolved to take additional action for the issuance of General
Obligation Urban Renewal Bonds, to the amount of not to exceed $6,000,000, as authorized
by Sections 403.12 and 384.24(3)(q), of the Code of Iowa, for the purpose of providing funds
to pay 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 Area, including those
costs associated with the construction of street, stormwater, sanitary sewer, water, fiber optic,
parking and other public improvements in the Historic Millwork District, and the funding of
grants, loans and other financial assistance to private developers to assist in rehabilitation of
existing buildings and construction of housing development projects in the Millwork District;
and
Whereas, it is now deemed necessary and advisable that up to $2,500,000 of such Bonds
be designated for the purposes of and used to pay costs of providing grants, loans and other
forms of financial assistance to private developers to assist in the rehabilitation of existing
buildings and the construction of housing development projects located throughout the Greater
Downtown Urban Renewal Area; and
Whereas, before the Bonds may be issued for such purposes, it is necessary to comply with
the provisions of the Code, and to publish a notice of the proposal to issue such Bonds and of
the time and place of the meeting at which the Council proposes to take action for the issuance
of the Bonds and to receive oral and/or written objections from any resident or property owner
of the City to such action, and the right to petition for an election thereon.
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, Iowa, at 6:30 o'clock P.M., on the 4th day of January, 2010, for the purpose of taking
action on the matter of the issuance of not to exceed $2,500,000 General Obligation Urban
Renewal Bonds, for urban renewal purposes of the City, the proceeds of which Bonds will be
used to provide funds to pay costs of aiding in the planning, undertaking and carrying out of
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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 Area,
including those costs associated with the funding of grants, loans and other forms of financial
assistance to private developers to assist in the rehabilitation of existing buildings and the
construction of housing development projects located throughout the Greater Downtown Urban
Renewal Area.
Section 2. That the Clerk is hereby directed to cause at least one publication to be made of
a notice of the meeting, in a legal newspaper, printed wholly in the English language,
published at least once weekly, and having general circulation in the City, the publication to be
not less than ten clear days before the date of the public meeting on the issuance of the
Bonds.
Section 3. The notice of the proposed action to issue the Bonds shall be in substantially the
[provided] form.
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Passed and approved this 21 day of December, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
BOARDS/COMMISSIONS
Appointments to the following Boards/Commissions:
Housing Code Appeals Board. Two 3-year terms through January 11, 2013 (Terms of
Kinsella and Schaub). Applicants: William Kinsella, 2 Julien Dubuque Drive; Robert Schaub,
1745 Embassy West Drive. Motion by Connors to appoint William Kinsella and Robert Schaub
to the Housing Code Board of Appeals for 3-year terms through January 11, 2013. Seconded
by Resnick. Motion carried 7-0.
Human Rights Commission: One 3-year term through January 1, 2012 (Term of Driskell).
Three 3-year terms through January 1, 2013 (Terms of Eddy, Oswald and Winterwood).
Applicants: Lori Apel, 3315 Spring Valley Road; Marquita Bolden, 2757 Ventura Drive, #2;
Lynn Sutton, 876 Yale Court, #1; Pam Sharrad, 836 Air Hill Street; R.R.S. (Rachael) Stewart,
460 Summit Street; Robert Yunk, 815 Rose Street, #2. Upon roll-call vote Lori Apel, Lynn
Sutton, and Pam Sharrad were appointed to the Human Rights Commission for 3-year terms
through January 1, 2013, and R.R.S. Stewart was appointed to a 3-year term through January
1, 2012.
Mediacom Charitable Foundation: Two 1-year terms through December 31, 2010 (Terms of
Chavenelle and Twining). Applicants: Gail Chavenelle, 1155 Kelly Lane; and Connie Twining,
421 North Booth Street. Motion by Lynch to appoint Gail Chavenelle and Connie Twining to the
Mediacom Charitable Foundation for 1-year terms through December 31, 2010. Seconded by
Braig. Motion carried 7-0.
PUBLIC HEARINGS
Upon motion the rules were suspended allowing anyone present to address the City
Council.
Request to Rezone – Commerce Park: Proof of publication on notice of public hearing to
consider a request from Joel Callahan to rezone property located at Commerce Park from CS
Commercial Service and Wholesale District to R-4 Multi-Family Residential District and Zoning
Advisory Commission recommending approval.
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Communication from Ron and Jane Ainley regarding the rezoning change to Lot 8 of
Westbrook Subdivision next to the industrial park.
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 Resnick. Motion carried 7-0.
Motion by Jones to receive and file the documents and adopt Ordinance No. 60-09
Amending Title 16 of the City of Dubuque Code of Ordinances by reclassifying hereinafter
described property located at Commerce Park from CS Commercial Service and Wholesale
District to R-4 Multi-Family Residential District. Seconded by Resnick. Joel Callahan, Callahan
Construction, 1769 Commerce Park, spoke in support of the rezoning. Planning Services
Manager Laura Carstens provided a staff report. Motion carried 7-0.
ORDINANCE NO. 60-09
AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF
ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED AT COMMERCE PARK FROM CS COMMERCIAL
SERVICE AND WHOLESALE DISTRICT TO R-4 MULTI-FAMILY RESIDENTIAL DISTRICT
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Development
Code, is hereby amended by reclassifying the hereinafter-described property from CS
Commercial Service and Wholesale District to R-4 Multi-Family Residential District, to wit: Lots
1, 3, 10 and C of Block 3 Westbrook Subdivision, and to the centerline of the adjoining public
right-of-way, all in the City of Dubuque, Iowa.
Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory
Commission of the City of Dubuque, Iowa.
Section 3. This ordinance shall take effect immediately upon publication, as provided by
law.
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Passed, approved and adopted this 21 day of December, 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 26 day of December, 2009.
/s/Jeanne F. Schneider, CMC, City Clerk
Request to Rezone – North End of Millstone Drive: Proof of publication on notice of public
hearing to consider a request from Brian Kane / Westside Arterial Development, LLC to rezone
property located at the north end of Millstone Drive from R-1 Single Family Residential District
and R-3 Moderate Density Multi-Family Residential District to PR Planned Residential District
and Zoning Advisory Commission recommending denial.
Communications from Daniel and Janice Smith, Don and Shirley Foley, Terry and Jenny
Balk, Lynn and Fred Waelchi, Ronald and Joan Holm, and Fred and Mary Sievers in
opposition to the proposed rezoning of the north end of Millstone Drive.
Motion by Connors to receive and file the documents and concur with the denial of a
proposed ordinance amending Title 16 of the City of Dubuque Code of Ordinances, Unified
Development Code, by reclassifying hereinafter described property located southeast of the
intersection of the Northwest Arterial and Plaza Drive from R-1 Single-Family Residential and
R-3 Moderate Density Multi-Family Residential Districts to PUD Planned Unit Development
District with a PR Planned Residential designation and adopting a conceptual development
plan. Seconded by Voetberg. Attorney Brian Kane, 2100 Asbury Road, described the project
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and spoke in support of the request to rezone on behalf of Westside Arterial Development
owners Wayne Briggs and Tom Kelzer, 137 Main Street. Planning Services Manager Laura
Carstens and Zoning Advisory Commission Chairperson Jeff Stiles provided a staff report.
Attorney John Freund, 1005 Main Street, spoke on behalf of the residents of Harvest View
Estates and spoke in opposition to specific issues involving the current site plan. Original
property owner Marty Helle, 2553 Wheatland Drive, provided background regarding the sale of
the property and described issues over the original covenants and the current owners’ site
plan. Mark Gudenkauf, 2493 Hilton Spring Drive; Steve Mai, 2592 Hilton Springs Drive, Nick
Goodman, 2774 University Avenue; Dan Smith, 2569 Wheatland Drive; Bobby Martin, 2544
Wheatland Drive; Mike Fitzpatrick, 2585 Wheatland Drive; Mark Elenz, 2505 Wheatland Drive;
Terry Balk 2498 Millstone Drive; Mike Sievers, 2544 Hilton Springs Drive; and Fred Waelchi,
2537 Wheatland Drive spoke in opposition to the rezoning or in opposition to specific elements
of the current proposed development. Greater Dubuque Development Corporation Executive
Director Rick Dickinson, 300 Main Street, spoke in support of the rezoning and cited the
community’s immediate need for quality housing. Mr. Kane provided rebuttal. Motion to deny
the request to rezone carried 6-1 with Lynch voting nay.
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
Landlord Notification Regarding Police Calls for Service: City Manager transmitting
information on the recently implemented system being used to notify rental property landlords
or managers of selected police calls for service occurring at the properties they either own or
manage. Motion by Connors to receive and file the documents. Seconded by Braig. Motion
carried 7-0.
Establishment and Management of Community Garden Program: City Manager
recommending approval to initiate the Request for Proposals process for the Establishment
and Management of the Community Garden Program. Motion by Voetberg to receive and file
the documents and approve the recommendation. Seconded by Resnick. Motion carried 6-1
with Lynch voting nay.
Preliminary Master Plan for Roosevelt Park: City Manager submitting the preliminary Master
Plan for re-development of Roosevelt Park and requesting City Council review and comments.
Motion by Jones to receive and file the documents. Seconded by Lynch. Leisure Services
Manager Gil Spence provided a staff report. Council expressed their satisfaction with the design
elements and congratulated Mr. Spence on his upcoming retirement. Motion carried 7-0.
Loras College Usage Agreement: City Manager recommending approval to negotiate a
Usage Agreement with Loras College for the use of Petrakis Park. Motion by Connors to
receive and file the documents and approve the recommendation. Seconded by Braig. Motion
carried 7-0.
Usage Agreement with Clarke College: City Manager recommending approval to negotiate a
Usage Agreement with Clarke College for the use of Veterans’ Memorial Park Field #2. Motion
by Jones to receive and file the documents and approve the recommendation. Seconded by
Resnick. Motion carried 7-0.
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I-Jobs Affordable Housing Program Assistance Grant Application: City Manager
recommending approval of an I-Jobs Affordable Housing Assistance Grant application to the
Iowa Finance Authority for the Historic Washington Neighborhood Rowhouse Project. Motion
by Voetberg to receive and file the documents and adopt Resolution No. 477-09 Approving an
I-Jobs Affordable Housing Program Assistance Grant Application to the Iowa Finance Authority
for the Historic Washington Neighborhood Rowhouse Project. Seconded by Jones. Motion
carried 7-0.
RESOLUTION NO. 477-09
RESOLUTION APPROVING AN I-JOBS AFFORDABLE HOUSING PROGRAM
ASSISTANCE GRANT APPLICATION TO THE IOWA FINANCE AUTHORITY FOR THE
HISTORIC WASHINGTON ROWHOUSES PROJECT
Whereas, the State of Iowa has established a Housing Assistance Grant Program to assist
in the development of housing in the State of Iowa; and
Whereas, the City of Dubuque has initiated a Washington Neighborhood Revitalization
Project, beginning in 2005, committing resources for renewal of a depressed downtown
neighborhood; and
Whereas, the Washington Neighborhood Plan completed in 2009 supports promotion of
homeownership, historic preservation and provision of affordable housing; and
Whereas, the City Council finds that the proposed application is acceptable and necessary
for the support of these initiatives.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City of Dubuque agrees to sponsor an Affordable Housing Assistance Grant
Program Application to the Iowa Finance Authority for the Historic Washington Rowhouses
project.
Section 2. That the Mayor is hereby authorized and directed to execute this Resolution and
application on behalf of the City of Dubuque and forward the executed copy to the Iowa
Finance Authority.
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Passed, approved and adopted this 21 day of December, 2009.
Roy D. Buol, Mayor
Attest: Jeanne Schneider, CMC, City Clerk
Safe Community Task Force: City Manager transmitting an update on the progress of the
Safe Community Task Force. Motion by Braig to receive and file the documents. Seconded by
Jones. Verbal reports were provided by Rachael Daack, Research and Facts Committee; Lynn
Sutton, Neighborhood Engagement Committee; Terry Tobin, Enforcement Committee; and
Joyce Connors, Management of Physical Environment Committee. Motion carried 7-0.
Historic Shot Tower Rehabilitation Project – Phase I: City Manager recommending award of
the contract for the Historic Shot Tower Rehabilitation Project – Phase I to Klauer Construction
Co. in the base bid amount of $520,400.00. Motion by Voetberg to receive and file the
documents and adopt Resolution No. 478-09 Awarding public improvement contract for the
Historic Shot Tower Rehabilitation Project – Phase I. Seconded by Jones. Motion carried 7-0.
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RESOLUTION NO. 478-09
AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE HISTORIC SHOT TOWER
REHABILITATION PROJECT – PHASE I
Whereas, sealed proposals have been submitted by contractors for the Historic Shot Tower
Rehabilitation Project – Phase I (the Project) pursuant to Resolution No. 445-09 and Notice to
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Bidders published in a newspaper published in the City of Dubuque, Iowa, on the 20 day of
November, 2009.
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Whereas, said sealed proposals were opened and read on the 14 day of December, 2009,
and it has been determined that Klauer Construction Co. of Dubuque, Iowa, with a bid in the
amount of $520,400.00, 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 Klauer
Construction Co. 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 21 day of December, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Federal Legislative Priorities: City Manager recommending approval of the City’s 2010
Federal Legislative Priorities. Motion by Connors to receive and file the documents and
approve the recommendation. Seconded by Lynch. Motion carried 7-0.
Fiscal Year 2011 Budget Policy Guidelines: City Manager recommending approval of the
Budget Policy Guidelines for Fiscal Year 2011. Motion by Connors to receive and file the
documents and approve the recommendation. Seconded by Lynch. Resnick stated that he will
not support a property tax rate increase. Jones stated that item #10 relating to salary increases
over the amount budgeted for salaries should be omitted as he believes it is the definition of
bad-faith bargaining. Motion carried 5-2 with Jones and Resnick voting nay.
COUNCIL MEMBER REPORTS
Voetberg reported that he has been appointed to the Legislative Policy Committee for the
Iowa League of Cities. He requested that staff research cell phone usage while driving and to
draft an ordinance banning the practice. Voetberg also requested a work session to review the
First Transit contract. Council reached consensus to have staff schedule a work session at the
earliest convenience in January or February 2010.
There being no further business, upon motion the City Council adjourned at 9:40 p.m.
/s/Jeanne F. Schneider, CMC
City Clerk
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