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2 1 10 City Council Proceedings Official CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on February 1, 2010 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 Reverend Nancy Bickel of the First Congregational UCC. PROCLAMATIONS Congenital Heart Defect Awareness Week (February 7-14, 2010) was accepted by Jesi Duve, 15818 Humke Road. Scouting Day (February 7, 2010) was accepted by Colin Earl, 10601 Military Road, and representatives from the NE Iowa Council of the Boys Scouts of America. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Braig. Motion carried 7-0. Minutes and Reports Submitted: City Council of 1/19; Community Development Advisory Commission of 1/6; Housing Commission of 11/24 and 12/4; Historic Preservation Commission of 1/14; Human Rights Commission of 11/9; Park and Recreation Commission of 1/12 Proof of publication of City Council Proceedings of January 4, 2010 Substance Abuse Services Center Second Quarter Report Upon motion the documents were received and filed. Notice of Claims/Suits: Lester C. Leubka for property damage. Upon motion the document was received and filed and referred to the City Attorney. City Attorney advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Vicky Fuller for vehicle damage; Tschiggfrie Excavating Company for loss of revenue. Upon motion the documents were received, filed, and concurred. 1 Worker’s Compensation Claims Administrative Services: City Manager recommending approval of the Agreement between the City of Dubuque and Alternative Services Concepts (ASC) for services related to the administration of the City’s Worker’s Compensation Program. Upon motion the documents were received, filed, and approved. Bi-Linqual Trail Signage: City Manager recommending approval of the recommended designs and specifications for the Bi-Lingual Trail Signage Project and authorization to begin the informal bidding process. Upon motion the documents were received, filed, and approved. LK Development and Storage, LLC: City Manager recommending that the request from Attorney Brian Kane on behalf of LK Development and Storage, LLC relative to property at 3040 Elm Street be referred to the Historic Preservation Commission. Upon motion the documents were received and filed and referred to the Historic Preservation Commission. Kerper Boulevard Storm Sewer Improvements Project: City Manager recommending acceptance of the Kerper Boulevard Storm Sewer Improvements Project as completed by McDermott Excavating Co., in the final contract amount of $75,489.53. Upon motion the documents were received and filed and Resolution No. 19-10 Accepting the Kerper Boulevard Storm Sewer Improvements Project and authorizing payment of the contract amount to the contractor was adopted. RESOLUTION NO. 19-10 ACCEPTING THE KERPER BOULEVARD STORM SEWER PROJECT AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the Kerper Boulevard Storm Sewer 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; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the Kerper Boulevard Storm Sewer Extension and Storm Sewer Improvements/Extensions appropriations for the contract amount of $75,489.53 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 1 day of February, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk 2 CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE KERPER BOULEVARD STORM SEWER PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the Kerper Boulevard Storm Sewer 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 $83,055.24. Dated this 28th day of January, 2010. Gus Psihoyos, City Engineer th Filed in the office of the City Clerk on the 29 day of January, 2010. Jeanne F. Schneider, CMC, City Clerk Clarke Drive Sanitary Sewer Repair Project: City Manager recommending acceptance of the Clarke Drive Sanitary Sewer Repair Project as completed by Drew Cook & Sons Excavating Co., Inc., in the final contract amount of $22,431.68. Upon motion the documents were received and filed and Resolution No. 20-10 Accepting the Clarke Drive Sanitary Sewer Repair Project and authorizing payment of the contract amount to the contractor was adopted. RESOLUTION NO. 20-10 ACCEPTING THE CLARKE DRIVE SANITARY SEWER REPAIR PROJECT AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the Clarke Drive Sanitary Sewer Repair 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 General Sanitary Sewer Repairs appropriation for the contract amount of $22,431.68 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 1 day of February, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE CLARKE DRIVE SANITARY SEWER REPAIR PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the Clarke Drive Sanitary Sewer Repair 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 $24,265.76. 3 Dated this 28th day of January, 2010. Gus Psihoyos, City Engineer th Filed in the office of the City Clerk on the 29 day of January, 2010. Jeanne F. Schneider, CMC, City Clerk Ingress and Egress Easement – Cedar Ridge Farm Place No. 5: City Manager recommending acceptance of an ingress and egress easement over Lot 1 of Cedar Ridge Farm Place No. 5 to maintain existing detention facilities. Upon motion the documents were received and filed and Resolution No. 21-10 Accepting an ingress and egress easement for repair and maintenance of existing stormwater detention facilities in the City of Dubuque, Iowa, was adopted. RESOLUTION NO. 21-10 ACCEPTING AN INGRESS AND EGRESS EASEMENT FOR REPAIR AND MAINTENANCE OF EXISTING STORMWATER DETENTION FACILITIES IN THE CITY OF DUBUQUE, IOWA Whereas, Perry Investments, LLC has executed an ingress and egress easement over and across parts of Lot 1 of Cedar Ridge Farm Place No. 5 in the City of Dubuque, Dubuque County, Iowa; and Whereas, said easement was recorded as Instrument No. 2009-22798 in the Office of the Dubuque County Recorder on December 18, 2009. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts and consents to the ingress and egress easement over and across parts of Lot 1 of Cedar Ridge Farm Place No. 5 in the City of Dubuque, Dubuque County, Iowa, from Perry Investments, LLC, recorded as Instrument No. 2009-22798 on December 18, 2009, in the Office of the Dubuque County Recorder. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. st Passed, approved and adopted this 1 day of February, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk 2009 Sidewalk Assessment Program: City Manager recommending approval of the final schedule of assessments for the 2009 Sidewalk Assessment Program. Upon motion the documents were received and filed and Resolution No. 22-10 Adopting the final assessment schedule for the 2009 Sidewalk Assessment Program was adopted. RESOLUTION NO. 22-10 ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR THE 2009 SIDEWALK ASSESSMENT PROJECT NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 4 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 Sidewalk Assessment Project. 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 th 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. st Passed, approved and adopted this 1 day of February, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk 2009 SIDEWALK REPAIR ASSESSMENTS FINAL SCHEDULE OF VALUATION AND PROPOSED ASSESSMENTS DATE: JANUARY 21, 2010 PROPERTY OWNER NAME; LOT DESCRIPTION; PARCEL NUMBER; MAILING ADDRESS; City State Zip; STREET ADDRESS; TOTAL NET ASSESSMENT Dean Miller, SW 1/2 OF LOT 27 COOKS ADD 604-604 1/2 RHOMBERG, 10-24-227-006, 794 Glen Oak, Dubuque, IA 52001, 604 Rhomberg Avenue, $467.45; Hiba Petroleum Inc., SW 16.43' OF LOT 20 COOKS ADD & LOT 21 COOKS ADD, 10-13- 485-009, 700 Rhomberg Avenue, Dubuque, IA 52001, 700 Rhomberg Avenue, $3,285.24; Harry & Deborah Saunders, LOT 23 Fengler's Add, 11-18-317-001, 1120 Rhomberg Avenue, Dubuque, IA 52001, 1120 Rhomberg Avenue, $543.35; Kathy Fishnick, SW 1/2 OF LOT 11 Jungk's Dubuque, 11-18-310-018, 1213 Rhomberg Avenue, Dubuque, IA 52001, 1213 Rhomberg Avenue, $771.05; 5 Jesse & Robin Hayes, LOT 1-63 & 1-2-64 MC Craneys 1st Add, 11-18-303-003, 1403 Rhomberg Avenue, Dubuque, IA 52001, 1403 Rhomberg Avenue, $447.90; Chris Clark, SW 28' OF LOT 372 Ham's Add, 11-07-456-014, P.O. Box 1358, Dubuque, IA 52004, 2411 Rhomberg Avenue, $733.10; Donald Jacquinot, LOT 1-15 Cooley's Sub, 10-24-329-012, 5 Main Street, Dubuque, IA 52001, 396 West Locust Street, $556.00; Lawrence & Brenda Huseman, SW 1/2 Lot 16 Cooks Add, 10-13-485-003, 483 Peach Street, East Dubuque, IL 61025, 720 Rhomberg Avenue, $504.40; TOTAL: $7,308.49 Quarterly Investment Report: City Manager transmitting the December 31, 2009 Quarterly Investment Report. Upon motion the documents were received and filed. Acquisition of Property at 250 South Main Street: City Manager recommending approval of the acquisition of property at 250 South Main Street and execution of an Offer to Buy and Deferred Payment Plan Agreement between the City and the Iowa Department of Transportation. Upon motion the documents were received, filed, and approved. 40 Main LLC Collateral Assignment: City Manager recommending approval of the Collateral Assignment of Contract between Premier Bank and 40 Main, LLC. Upon motion the documents were received and filed and Resolution No. 23-10 Approving a Collateral Assignment of Contract between Premier Bank and 40 Main, LLC, was adopted. RESOLUTION NO. 23-10 APPROVING A COLLATERAL ASSIGNMENT OF CONTRACT BETWEEN PREMIER BANK AND 40 MAIN, LLC. Whereas, a Purchase Contract was approved by Resolution No. 360-09 by the Dubuque City Council for the following Real Estate: Lot 1 of 10A, Lot 1 of 12A, and Lot 1 of 17A all in the West Half of Block 1 and Lot 1 of 1A in the West Half of Block 10 in Dubuque Harbor Company’s Addition in the City of Dubuque, Dubuque County, Iowa; and Whereas, Premier Bank is requesting additional collateral as Lender for the redevelopment of the former Higley Chemical building located at 40 South Main Street; and Whereas, the City must approve the Assignment as the contract has not been completed. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Collateral Assignment of Contract between Premier Bank and 40 Main, LLC is hereby approved. Section 2. That the Mayor be authorized and directed to execute a Collateral Assignment of Contract. Passed, approved and adopted this 1st day of February, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk 6 Dubuque County H1N1 Subcontract: City Manager recommending approval of a contract with the Dubuque County Health Department for services related to the H1N1 pandemic response. Upon motion the documents were received, filed, and approved. Federal Emergency Management Agency (FEMA): City Manager recommending approval of a proposed response letter to the December 30, 2009 Federal Emergency Management Agency (FEMA) letter transmitting FEMA’s revised preliminary Digital Flood Insurance Rate Map (DFIRM). Upon motion the documents were received, filed and approved. Petition Iowa Utilities Board for Amendment of Rule: City Manager recommending approval to file a petition before the Iowa Utilities Board in an attempt to restore the City’s municipal cable franchise with Mediacom. Upon motion the documents were received, filed, and approved. th City Council Referral – Snow Route in East 24 Street Area: City Manager th recommending approval of a request that East 24 Street be added to the odd/even snow route. Upon motion the documents were received, filed, and the request approved. Walkway Project – Northeast Iowa Community College: City Manager recommending acceptance of the Walkway Project between the Iowa Street Parking Ramp and Northeast Iowa Community College, as completed by Portzen Construction, Inc., in the final contract amount of $68,027.47. Upon motion the documents were received and filed and Resolution No. 24-10 Accepting the Walkway Project between the Iowa Street Parking Ramp and Northeast Iowa Community College and authorizing payment of the contract amount to the contractor was adopted. RESOLUTION NO. 24-10 ACCEPTING THE WALKWAY PROJECT BETWEEN THE IOWA STREET PARKING RAMP AND NORTHEAST IOWA COMMUNITY COLLEGE AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the Walkway Project between the Iowa Street Parking Ramp and Northeast Iowa Community College(the Project) has been completed and the City Engineer has examined the work and filed a certificate stating that the Project has been completed according to the terms of the Public Improvement Contract and that the City Engineer recommends that the Project be accepted; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the Walkway – Iowa Ramp to Northeast Iowa Community College Capital Improvement Project appropriation for the contract amount of $68,027.47 less any retained 7 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 1 day of February, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE WALKWAY PROJECT BETWEEN THE IOWA STREET PARKING RAMP AND NORTHEAST IOWA COMMUNITY COLLEGE The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the Walkway Project between the Iowa Street Parking Ramp and Northeast Iowa Community College, 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 $81,685.47. Dated this 25th day of January, 2010. Gus Psihoyos, City Engineer th Filed in the office of the City Clerk on the 29 day of January, 2010. Jeanne F. Schneider, CMC, City Clerk Digital Flood Insurance Rate Map (DFIRM): Communication from Senator Charles Grassley regarding the Digital Flood Insurance Rate Map (DFIRM). Upon motion the document was received and filed. Intercultural Competency Report: City Manager transmitting the 2008 – 2009 Intercultural Competency Report. Upon motion the documents were received and filed. Delinquent Water, Sewer, Refuse and Storm Water Collection Accounts: City Manager recommending approval of the submission of delinquent water, sewer, refuse and storm water collection accounts to the Dubuque County Treasurer. Upon motion the documents were received and filed and Resolution No. 25-10 Adopting the Schedule of Assessments for delinquent water, refuse, sewer and storm water collection accounts and directing the Clerk to certify the schedule of assessments to the County Treasurer and to publish notice thereof was adopted. RESOLUTION NO. 25-10 ADOPTING THE SCHEDULE OF ASSESSMENTS FOR DELINQUENT WATER, SEWER, REFUSE AND STORMWATER ACCOUNTS AND DIRECTING THE CITY CLERK TO CERTIFY THE SCHEDULE OF ASSESSMENTS TO THE COUNTY TREASURER AND TO PUBLISH NOTICE THEREOF NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That after full consideration of the Schedule of Assessments attached hereto for delinquent water, sewer, refuse, and stormwater accounts which Schedule of Assessments was filed in the office of the City Clerk on the 26th day of January, 2010, the said Schedule of Assessments be and the same is hereby approved and adopted. 8 That there be, and is herby assessed and levied as a lien upon the real property, the respective sums indicated. That the City Clerk be and is hereby directed to certify said schedule 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. 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 and directed in Iowa Code § 384.60. The assessments may be paid in full or in part at the Utility Billing Office, City Hall, 50 th W. 13 Street, Dubuque, Iowa, at any time within 30 days after the date of the first publication of the notice of the filing of the Schedule of Assessments with the County Treasurer. After 30 days, unpaid assessments are payable at the County Treasurer’s Office, Dubuque County Courthouse, 720 Central Avenue, Dubuque, Iowa, and charges shall be collected in the same manner as general property taxes against the respective parcels of the property set opposite the name of the property owner. Passed, approved and adopted this 1st day of February, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk CUSTOMER NAME, SERVICE ADDRESS, BALANCE ndnd Agnes E. Steines, 02444 W. 32 St., Bonvivant LC, 00505 Almond St. 2, $150.13; $63.36; nd Al & Melissa Reiff, 02412 Windsor Bonvivant LC, 00505 Almond St. 2, Ave, $56.47; $49.33; Albert J. & Melissa L. Reiff, 02880 Bourbon Street Estates, 00535 Central Ave., $23.54; Almond St., $28.76; Amber Cooper, 02702 Pinard St., Bourbon St. Estates LC, 00515 $76.37; Almond St., $79.28; Angie Grimes, 02695 Dove St., Clara C. Finger, 01955 Clarke Dr., $122.56; $38.66; rd Antonio G. Conley, 01104 Riverview Corey E. Bonner, 01815 W 3 St., St., $38.26; $96.72; th April K. Lausier, 00651 Kaufmann Da Vinci's LLC, 00395 W 9 St., Ave., $247.53; $293.76; Auto & Truck Parts, 03000 Jackson Dan Bastian, 00610 Kurt Ct., St., $212.50; $231.54; Belle Estates LC, 01035 Grove Dana Kisting, 00702 Wilson St., Terrace #3, $78.64; $42.30; st Belliqueaux Estates LC, 00737 Dana Kisting, 00716 Wilson St. 1, Caledonia St., $115.13; $32.73; nd Bill Finn, 02010 Shelby St., $52.11; Dana Kisting, 00716 Wilson St. 2, BM Properties LLC, 00765 Alpine St. $33.10; st #2, $29.26; Dana Kisting, 00718 Wilson St. 1, $33.34; 9 nd Dana Kisting, 00718 Wilson St. 2, Gary E. Bay, 01805 Jackson St., $32.79; $209.34; rd Dana Kisting, 00718 Wilson St. 3, Greg B. Cray, 00745 Davis St., $33.04; $245.08; Daniel J. Kane, 00395 Nevada St., H & R Properties, 01586 Washington $88.00; St., $158.93; David B. Welsh, 775 S Grandview J. Foht, 00723 Peru Rd., $131.83; Ave., $213.88; Jackson Square Estates LC, 01575 David O. & Tessa A. Lochner, 00727 Washington St., $82.07; nd Hill St. 2, $156.24; Jackson Square Estates LLC, 01428 st David O. Lochner, 00727 Hill St. 1, Washington St., $46.27; $126.75; Jacqueline R. Krantz, 01040 Kelly Dawn M. Snider, 00154 W 23RD St., Lane, $261.18; $436.04; James B. Hanson, 02736 Elm St., Dean W. Miller, 00604 Rhomberg $86.20; Ave., $101.65; Jason Ferrel, 00235 Valeria St., Dena M. Kurt, 1070 Melrose Terrace $55.47; $193.04; Jay A. Streinz, 01578 Washington Don D. Heim, 00596 University Ave., St., $118.48; $83.43; Jay C. Close, 00689 W. Locust St., Donald L. & Ethel C. Ohmert, 1176 $172.58; University Ave., $10.09; Jayme V. Hansen, 1970 Lombard St., Ed F. Davis, 00971 Bluff St., $116.09; $287.11; Edward & Luzmila Karwoski, 01532 Jeffrey J. Huseman, 02390 Theda Jackson St., $58.08; Dr., $242.09; Edward & Luzmila Karwoski, 1532 Jeramy Jackson, 02050 Ogilby Rd., Jackson St., $108.32; $56.12; Elizabeth A. Bloye, 02305 Samantha Jeremy D, Shireman, 02225 St. Celia Dr., $224.75; St., $127.12; Equity Builders, 00640 Sapphire Jerod F. & Sarah A. Bennett, 00750 Circle, $72.29; Kelly Lane, $144.66; Fontainebleu LC, 02495 Asbury Rd. Jesse Rans, 02008 Foye St., $86.10; Apt. 3, $10.34; Jim Prine, 01040 Davis Ave., Freedom Development Co. LLC, $115.61; th 01053 W 5 St., $56.81; Joe Schumacher & Casie Hayes, st French Market Estates LC, 02136 02131 Jackson St. 1, $90.05; White St., #2, $116.46; Joel H. Jackson, 02925 Muscatine Garden District Estates LC, 00075 W St., $256.41; th 24 St., #1, $50.76; Joel Leach, 02006 Rhomberg Ave. nd Gary & Susan Bay, 01815 Jackson 2, $80.00; St., $285.20; John & Loretta Davis, 00744 Nevada nd Gary Bernhard, 01110 Roosevelt St., St. 2, $197.30; $56.44; John C. Shultz, 02635 New Haven Gary Bernhard, 01100 Roosevelt St., St., $247.89; $131.83; John R. Barbee, 03085 Oak View Ct., $487.61; 10 John Walters, 02840 Burlington St., Mark Krolich, 00743 Louise St., $115.83; $153.49; rd Jonathan J. Slaght, 01486 W 3 St., Marshallese House of Praise, 02155 $324.17; Rockdale Rd., $351.24; Jonathan Slaght, 03102 Asbury Rd., Mary A. Gross, 00503 Arlington St., 63.55; $55.95; Joseph J. & Nichole A. Schmitt, Michael J. Schetgen, 03922 Inwood 00830 So. Grandview Ave., $139.09; Ave., $118.27; th Juantia K. Barry, 1776 N Grandview Michelle Scott, 00607 W 8 St., Ave., $197.61; $38.67; Julie Leclere, 02491 Hempstead St., Miller Auto, 00770 Cedar Cross Rd., $95.31; $339.76; Justin Oglesby, 02205 Samantha Dr., Mullett Enterprises LC, 01439 Bluff $220.12; St., $29.68; Kathryn E. Fisher, 338 Hill St., Mullett Enterprises LC, 01441 Bluff $75.02; St., $38.36; Katie L. Berwanger, 02613 Glenview New Century Liquidating Trust, 00475 Circle, $147.06; Valeria St., $371.39; Kenneth A. Ginter, 02662 Ogle St., Nina K. Nelson, 00520 Lincoln Ave., $96.67; $162.33; Kenneth E. Keller, 02054 Jackson St. Owen C. & Susan K. Hess, 00621 nd 2, $121.28; Jefferson St., $135.73; Kerri A. Dress, 00864 Edison St., Patrick J. Duggan, 02005 Simpson $273.22; St., $312.18; Kingdom Investment LLC, 00500 Hill Patrick R. Marsh, 00158 Bluff St., St., $67.90; $139.41; thst Kingdom Investment LLC, 00993 W Perry D. Sopina, 00116 W 13 St. 1 rd 3 St., $126.86; Fl., $42.83; thnd Kingdom Investment LLC, 00308 Hill Perry Sopina, 00116 W 13 St. #2 2 St. #1, $332.72; FL, $132.44; Kingdom Investment LLC, 00308 Hill Peter V. Eck, 00760 Tanzanite Dr., St. #2, $162.29; $76.17; Kyle G. Fitzgerald, 00590 Arlington Randy Mills, 03055 Brunskill Rd., St., $36.42; $62.29; Larry Junk, 02224 Suzanne Dr., Randy S. Weber, 00535 S Grandview $143.32; Ave., $234.36; Laurie & David Vonah, 00707 Lincoln Raymond M. Fuller, 02900 Central st Ave., $207.44; Ave. 1, $102.31; Lonnie L. Allen, 02565 Front St., Richard C. & Kathleen Burdick, 337 $197.65; Kaufmann Ave., $1,036.11; Mardi Gras Estates LC, 03058 Lemon Ricky J. Hurst, 03975 Inwood Ave., St., $39.00; $131.72; Mark A. & Susan M. Duehr, 02253 St. Roger Richard, 01513 Washington John Dr., $253.64; St., $31.52; Mark A. Boland, 00601 Tanzanite Dr., Ron Rudiger, 00590 Angella St., $188.13; $149.71; 11 Ronald C. Steuer, 03478 Kimberly Thomas J. & Martha J. Blake, 02214 nd Dr., $85.01; Jackson St. 2, $152.59; Ronald J. & Wanda M. Koenig, 02540 Timothy K. Manning, 01552 Locust Elm St., $36.80; St., $87.56; nd Ronald L. Houselog, 00716 E 22 Touche LC, 02216 Delmonaco Dr., St., $122.12; $103.37; Ronald P. Ferraro, 02830 Wendy T. & David A. Miller, 82 Washington St., $91.64; Collins St., $143.54; Rory D. & Karmella H. Sellers, 01692 William Fay, 01285 Rockdale Rd., rd W. 3 St., $143.31; $300.46; th Sandralee M. Scott, 00599 W. 8 St., William Jester, 01610 Loras Blvd., $486.50; $128.01; th Scotlyn Properties, 00035 W. 15 St. TOTAL: $20,992.25 st 1, $73.79; th Scotlyn Properties, 00037 W. 15 St. Apt 1, $39.07; th Scotlyn Properties, 00037 W. 15 St. #4, $11.11; th Scotlyn Properties, 00037 W. 15 St. #3, $11.11; th Scotlyn Properties, 00037 W. 15 St. #1, $11.11; Scott A. Brandt, 01878 Carter Ct., $168.78; th Scott A. Runde, 00035 W 15 St. Apt. 1, $119.32; th Scott A. Runde, 00035 W 15 St. Apt. 2, $66.85; Scott M. Bries, 00735 Kirkwood St. nd 2, $96.76; Sherrie L. Jones, 02790 Andrew Ct., $153.87; So. Fourth Pacific Rim Finance, 02225 Kerper Blvd., $755.33; Staffordshire Estates LC, 02416 nd STAFFORD St. 2, $115.28; Steve A. Sarazin, 01315 Finley St., $48.11; Steven R. Runde, 03565 Key Corners, $140.64; Tammy S Tittle, 00921 Garfield Ave., $150.77; Terry M. Kane, 02765 Andrew Ct., $56.47; Theresa M. Sawvell, 05300 Olde Highway Rd., $249.55; 12 Stipulation of Settlement – Property Tax Appeal: City Attorney recommending approval of the Stipulation of Settlement for the Hansel property tax appeal which relates to a vacant lot on Cedar Cross Road and Lake Ridge Drive. Upon motion the documents were received, filed, and approved. House File 132 – Annexation of Public Land: City Manager providing the Planning Services Department staff’s position on proposed House File 132 regarding annexation of public land. Communication to State Legislators encouraging their opposition to House File 132 regarding annexation of public land. Upon motion the documents were received and filed. National League of Cities: Communication to Mayor Roy Buol regarding the next steps for the National League of Cities Disconnected Youth Economic Recovery Technical Assistance. Upon motion the document was received and filed. AmeriCorps VISTA: City Manager recommending approval of a Memorandum of Agreement with the Iowa Commission on Volunteer Services to place a full-time AmeriCorps VISTA position in the Sustainability office from November 2009 through November 2010. Upon motion the documents were received, filed, and approved. Liquor License Applications: City Manager recommending approval of annual liquor license renewals as submitted. Upon motion the documents were received and filed and Resolution No. 26-10 Granting the issuance of a Class “C” Beer Permit to Hartig Drug #8, Awn Stop Mart, Big 10 Mart and Puff n Snuff; and Resolution No. 27-10 Granting the issuance of a Class “C” Beer/Liquor License to Northside Bar, Bootleggers Pub, The Clubhouse, Town Clock Inn and Dubuque Mining Company; a Special Class “C” Liquor License to Pusateri’s; a Class “E” Liquor License to Puff n Snuff; a Class “B” Wine Permit to Hartig Drug #8 and Puff n Snuff; and a Class “B” (WBN) Native Wine Permit to Cedar Cross Amoco and Big 10 Mart were adopted. RESOLUTION NO. 26-10 Whereas, applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approved: and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City and have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Beer Permit. CLASS “C” BEER PERMIT Hartig Drug Company Hartig Drug # 8 +(Sunday Sale) 1600 University Ave. Awn Stop Mart, Inc. Awn Stop Mart +(Sunday Sale) 1998 Jackson Street Molo Oil Company Big 10 Mart +(Sunday Sale) 2100 JFK Road Molo Oil Company Puff n Snuff +(Sunday Sale) 1101 Rhomberg Ave. Passed, approved and adopted this 1st day of February, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk 13 RESOLUTION NO. 27-10 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 The Northside Bar, LLC Northside Bar+(Sunday Sale) 2776 Jackson Street Bootleggers Pub Bootleggers Pub+(Sunday/Outdoor Sale) 1689 Elm Street Melvin Spiegelhalter The Clubhouse 2364 Washington Street Town Clock Inn, Inc. Town Clock Inn+(Sunday Sale) 799 Town Clock The Apartments, Inc. Dubuque Mining Co.+(Sunday Sale) 555 JFK Road SPECIAL CLASS “C” LIQUOR Pusateris Enterprises, Inc Pusateris+(Sunday Sale) 2400 Central Ave. CLASS “E” LIQUOR Molo Oil Company Puff n Snuff 1101 Rhomberg Ave. CLASS “B” WINE Hartig Drug Company Hartig Drug # 8 1600 University Ave. Molo Oil Company Puff n Snuff 1101 Rhomberg Ave. CLASS “B” (WBN) NATIVE WINE L B Metcalf, Inc Cedar Cross AMOCO 1200 Cedar Cross Road Molo Oil Company Big 10 Mart 2100 JFK Road st Passed, approved and adopted this 1 day of February, 2010 Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk ITEM TO BE SET FOR PUBLIC HEARING Motion by Lynch to receive and file the documents, approve the Revenue Purpose Statements, adopt the resolutions, set the public hearings as indicated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Voetberg. Motion carried 7-0. Electric and Gas Franchise Fee Revenue: City Manager recommending adoption of resolutions approving the Revenue Purpose Statements for the use or expenditure of electric and gas franchise fee revenues from the sale of electricity and gas by Alliant Energy, Black Hills Energy Corporation and Maquoketa Valley Electric Cooperative within the City of Dubuque and recommending adoption of resolutions setting a public hearing for February 15, 2010 to consider ordinances increasing the franchise fee under the City’s Electric and Gas Franchises with Alliant Energy, Black Hills Energy and Maquoketa Valley Electric Cooperative from two percent to three percent. Upon motion the documents were received and filed and Resolution No. 28-10 Approving a Revenue Purpose Statement for the use or expenditure of electric and gas franchise fee revenues from the sale of electricity by Alliant Energy within the City of Dubuque; Resolution No. 29-10 Approving a Revenue Purpose Statement for the use or expenditure of gas franchise fee revenues from the sale of gas by Black Hills Energy Corporation within the City of Dubuque; Resolution No. 30-10 Approving a Revenue Purpose 14 Statement for the use or expenditure of electric franchise fee revenues from the sale of electricity by Maquoketa Valley Electric Cooperative within the City of Dubuque; Resolution No. 31-10 Setting a public hearing on a proposed ordinance increasing the franchise fee under the City’s Electric Franchise with Alliant Energy from 2% to 3% on the sale of electricity within the City of Dubuque; Resolution No. 32-10 Setting a public hearing on a proposed ordinance increasing the franchise fee under the City’s Gas Franchise with Black Hills Energy from 2% to 3% on the sale of gas within the City of Dubuque; and Resolution No. 33-10 Setting a public hearing on a proposed ordinance increasing the franchise fee under the City’s Electric Franchise with Maquoketa Valley Electric Cooperative from 2% to 3% on the sale of electricity within the City of Dubuque were adopted setting a public hearing for a meeting to commence at 6:30 p.m. on February 15, 2010 in the Historic Federal Building. RESOLUTION NO. 28-10 APPROVING A REVENUE PURPOSE STATEMENT FOR THE USE OR EXPENDITURE OF ELECTRIC FRANCHISE FEE REVENUES FROM THE SALE OF ELECTRICITY BY ALLIANT ENERGY WITHIN THE CITY OF DUBUQUE Whereas, City of Dubuque Ordinance No. 58-93, adopted by the City Council on the 4th day of October 1993, granted to Interstate Power Company, its successors and assigns (hereinafter referred to collectively as the Company), nonexclusive authority for a period of twenty-five (25) years to maintain and operate its electrical system within the limits of the city of Dubuque; and Whereas, Alliant Energy is the successor to Interstate Power Company; and Whereas, Ordinance No. 58-93 provides that the City Council may impose a franchise fee not to exceed three percent (3%) of the gross revenue of the Company generated from the sale of electricity within the city of Dubuque; and Whereas, Ordinance No. 58-03 imposed a franchise fee equal to two percent (2%) of the gross revenue of the Company generated from the sale of electricity within the city of Dubuque Whereas, the City Council has determined that it s in the best interests of the City of Dubuque to increase the franchise fee to three percent (3%). Whereas, Iowa law requires the City Council to prepare a revenue purpose statement before increasing the percentage rate at which franchise fees are assessed. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Pursuant to the provisions of Iowa Code Section 364.2(4)(f), the City Council hereby establishes the following purposes for which franchise fee revenues from its electric franchise with Alliant Energy may be used or expended: Property tax relief. The City will use 100% of the revenue collected from the 1% increase in the gas franchise fee for property tax relief. st Passed, approved and adopted the 1 day of February, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 29-10 APPROVING A REVENUE PURPOSE STATEMENT FOR THE USE OR EXPENDITURE OF GAS FRANCHISE FEE REVENUES FROM THE SALE OF GAS BY BLACK HILLS ENERGY CORPORATION WITHIN THE CITY OF DUBUQUE Whereas, City of Dubuque Ordinance No. 43-93 (City of Dubuque Code of Ordinances th Appendix C), adopted by the City Council on the 19 day of July, 1993, granted to Peoples Natural Gas Company, its successors and assigns (hereinafter referred to collectively as the 15 Company), nonexclusive authority for a period of twenty-five (25) years to maintain and operate its gas distribution system within the limits of the city of Dubuque; and Whereas, Black Hills Energy Corporation is the successor to Peoples Natural Gas Company; and Whereas, Ordinance No. 43-93 provides that the City Council may impose a franchise fee not to exceed three (3) percent of the gross revenue of the Company generated from the sale of natural and mixed gas within the city of Dubuque; and Whereas, Ordinance No. 59-03 imposed a franchise fee equal to two percent (2%) of the gross revenue of the Company generated from the sale of natural and mixed gas within the city of Dubuque; and Whereas, the City Council has determined that it is in the best interests of the City of Dubuque to increase the franchise fee to three percent (3%). Whereas, Iowa law requires the City Council to prepare a revenue purpose statement before increasing the percentage rate at which franchise fees are assessed. NOW, THEREFORE, BE IT RESOLVED BY CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Pursuant to the provisions of Iowa Code Section 364.2(4)(f), the City Council hereby establishes the following purposes for which franchise fee revenues from its gas franchise with Black Hills Energy may be used or expended: Property tax relief. The City will use 100% of the revenue collected from the 1% increase in the gas franchise fee for property tax relief. st Passed, approved and adopted the 1day of February, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 30-10 APPROVING A REVENUE PURPOSE STATEMENT FOR THE USE OR EXPENDITURE OF ELECTRIC FRANCHISE FEE REVENUES FROM THE SALE OF ELECTRICITY BY MAQUOKETA VALLEY ELECTRIC COOPERATIVE WITHIN THE CITY OF DUBUQUE th Whereas, City of Dubuque Ordinance No. 20-04, adopted by the City Council on the 5 day of April, 2004, granted to Maquoketa Valley Electric Cooperative, its successors and assigns (hereinafter referred to collectively as the Company), nonexclusive authority through October 3, 2018, to maintain and operate its electrical system within the limits of the city of Dubuque; and Whereas, Ordinance No. 20-04 imposed a franchise fee equal to two percent (2%) of the gross revenue of the Company generated from the sale of electricity within the city of Dubuque; and Whereas, Ordinance No. 20-04 provided further that the City Council reserved the right to increase or decrease the amount of such franchise fee as it determined to be in the public interest; and Whereas, the City Council has determined that it is in the best interests of the City of Dubuque to increase the franchise fee to three percent (3%); and Whereas, Iowa law requires the City Council to prepare a revenue purpose statement before increasing the percentage rate at which franchise fees are assessed. NOW, THEREFORE, BE IT RESOLVED BY CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Pursuant to the provisions of Iowa Code Section 364.2(4)(f), the City Council of the City of Dubuque hereby establishes the following purposes for which the franchise fee revenues from its electric franchise with Maquoketa Valley Electric Cooperative may be used or expended: 16 Property tax relief. The City will use 100% of the revenue collected from the 1% increase in the gas franchise fee for property tax relief. st Passed, approved and adopted the 1 day of February, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 31-10 SETTING A PUBLIC HEARING ON A PROPOSED ORDINANCE INCREASING THE FRANCHISE FEE UNDER THE CITY’S ELECTRIC FRANCHISE WITH ALLIANT ENERGY FROM 2% TO 3% ON THE SALE OF ELECTRICITY WITHIN THE CITY OF DUBUQUE Whereas, City of Dubuque Ordinance No. 58-93, adopted by the City Council on the 4th day of October 1993, granted to Interstate Power Company, its successors and assigns (hereinafter referred to collectively as the Company), nonexclusive authority for a period of twenty-five (25) years to maintain and operate its electrical system within the limits of the City of Dubuque; and Whereas, Alliant Energy is the successor to Interstate Power Company; and Whereas, Ordinance No. 58-93 provides that the City Council may impose a franchise fee not to exceed three percent (3%) of the gross revenue of the Company generated from the sale of electricity within the City of Dubuque; and Whereas, Ordinance No. 58-03 imposed a franchise fee equal to two percent (2%) of the gross revenue of the Company generated from the sale of electricity within the City of Dubuque; and Whereas, the City Council has approved a Revenue Purpose Statement as required by law; and Whereas, the City Council has determined that a public hearing should be set to determine whether it is in the best interests of the City of Dubuque to increase the franchise fee to three percent (3%). NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council shall conduct a public hearing on the proposed 1% increase in the electric franchise fee in the City Council Chambers at the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, on Monday, February 15, 2010, beginning at 6:30 p.m. Section 2. That the City Clerk be and is hereby authorized and directed to publish notice of the public hearing, according to law, together with the required franchise fee revenue purpose statement. Passed, approved and adopted this 1st day of February, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 32-10 SETTING A PUBLIC HEARING ON A PROPOSED ORDINANCE INCREASING THE FRANCHISE FEE UNDER THE CITY’S GAS FRANCHISE WITH BLACK HILLS ENERGY CORPORATION FROM 2% TO 3% ON THE SALE OF GAS WITHIN THE CITY OF DUBUQUE Whereas, City of Dubuque Ordinance No. 43-93 (City of Dubuque Code of Ordinances Appendix C), adopted by the City Council on the 19th day of July, 1993, granted to Peoples Natural Gas Company, its successors and assigns (hereinafter referred to collectively as the Company), nonexclusive authority for a period of twenty-five (25) years to maintain and operate its gas distribution system within the limits of the City of Dubuque; and 17 Whereas, Black Hills Energy Corporation is the successor to Peoples Natural Gas Company; and Whereas, Ordinance No. 43-93 provides that the City Council may, impose a franchise fee not to exceed three (3) percent of the gross revenue of the Company generated from the sale of natural and mixed gas within the City of Dubuque; and Whereas, Ordinance No. 59-03 imposed a franchise fee equal to two percent (2%) of the gross revenue of the Company generated from the sale of natural and mixed gas within the City of Dubuque; and Whereas, the City Council has approved a Revenue Purpose Statement as required by law; and Whereas, the City Council has determined that a public hearing should be set to determine whether it is in the best interests of the City of Dubuque to increase the franchise fee to three percent (3%). NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council shall conduct a public hearing on the proposed 1% increase in the gas franchise fee in the City Council Chambers at the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, on Monday, February 15, 2010, beginning at 6:30 p.m. Section 2. That the City Clerk be and is hereby authorized and directed to publish notice of the public hearing, according to law, together with the required franchise fee revenue purpose statement. st Passed, approved and adopted this 1 day of February, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 33-10 SETTING A PUBLIC HEARING ON A PROPOSED ORDINANCE INCREASING THE FRANCHISE FEE UNDER THE CITY’S ELECTRIC FRANCHISE WITH MAQUOKETA VALLEY ELECTRIC COOPERATIVE FROM 2% TO 3% ON THE SALE OF ELECTRICITY WITHIN THE CITY OF DUBUQUE th Whereas, City of Dubuque Ordinance No. 20-04, adopted by the City Council on the 5 day of April, 2004, granted to Maquoketa Valley Electric Cooperative, its successors and assigns (hereinafter referred to collectively as the Company), nonexclusive authority through October 3, 2018, to maintain and operate its electrical system within the limits of the City of Dubuque; and Whereas, Ordinance No. 20-04 imposed a franchise fee equal to two percent (2%) of the gross revenue of the Company generated from the sale of electricity within the City of Dubuque; and Whereas, Ordinance No. 20-04 provided further that the City Council reserved the right to increase or decrease the amount of such franchise fee as it determined to be in the public interest; and Whereas, the City Council has approved a Revenue Purpose Statement as required by law; and Whereas, the City Council has determined that a public hearing should be set to determine whether it is in the best interests of the City of Dubuque to increase the franchise fee to three percent (3%). NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 18 Section 1. That the City Council shall conduct a public hearing on the proposed 1% increase in the electric franchise fee in the City Council Chambers at the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, on Monday, February 15, 2010, beginning at 6:30 p.m. Section 2. That the City Clerk be and is hereby authorized and directed to publish notice of the public hearing, according to law, together with the required franchise fee revenue purpose statement. Passed, approved and adopted this 1st day of February, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk BOARDS/COMMISSIONS Applicants were invited to address the City Council regarding their desire to serve on the following Boards/Commissions: Community Development Advisory Commission. Two 3-year terms through February 15, 2013 (Low/Moderate Income Term of Caldwell and At-Large Term of Maloy). Applicants: Theresa Caldwell, 1633 Elm Street – Low/Moderate Income Area; Paula Maloy, SVM, 2950 Kaufmann Avenue – At-Large. Appointments to the following Boards/Commissions: Long Range Planning Advisory Commission. One 3-year term through July 1, 2012 (Term of Stein). Applicants: Bryan Clark, 455 Moore Heights; Lou Oswald, 1080 Nowata Street; John Pregler, 1525 Pego Court. Upon roll-call vote, John Pregler was appointed to the Long Range Planning Advisory Commission for a 3-year term through July 2, 2012. PUBLIC HEARINGS Upon motion the rules were suspended allowing anyone present to address the City Council. Text Amendment – C-5 Central Business District Sign Regulations: Proof of publication on notice of public hearing to consider a text amendment to the Unified Development Code thth regarding the addition of freestanding identification signs from 4 Street to 5 Street along either side of Main Street as requested by Norm Granback, Holiday Inn Dubuque, and Zoning Advisory Commission recommending approval. Motion by Lynch 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 Braig. Motion carried 7-0. Norm Granbeck, 4777 Camelot Drive and representing the Holiday Inn, spoke in favor of the proposed ordinance. Planning Services Manager Laura Carstens provided a staff report. Motion by Braig to amend the proposed ordinance limiting the request to the east side of thth Main Street between 4 and 5 Streets. Seconded by Lynch. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 4-10 (as amended) Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by repealing Section 15-11.10 Schedule of Sign Regulations for the C-5 Central Business District and adopting a new Section 15-11.10 Schedule of Sign Regulations for the C-5 Central Business District in lieu thereof, pertaining to the addition of Freestanding Identification Signs thth from 4 to 5 Streets along the east side of Main Street. Seconded by Braig. Motion carried 7- 0. 19 OFFICIAL PUBLICATION ORDINANCE NO. 4-10 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY REPEALING SECTION 15-11.10 SCHEDULE OF SIGN REGULATIONS FOR THE C-5 CENTRAL BUSINESS DISTRICT AND ADOPTING A NEW SECTION 15-11.10 SCHEDULE OF SIGN REGULATIONS FOR THE C-5 CENTRAL BUSINESS DISTRICT IN LIEU THEREOF, PERTAINING TO THE ADDITION OF THTH FREESTANDING IDENTIFICATION SIGNS FROM 4 TO 5 STREETS ALONG THE EAST SIDE OF MAIN STREET 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 repealing Section 15-11.10 Schedule of Sign Regulations for the C-5 Central Business District and adopting a new Section 15-11.10 Schedule of Sign Regulations for the C-5 Central Business District in lieu thereof, pertaining to thth the addition of freestanding identification signs from 4 to 5 Streets along the east side of Main Street, as shown in Exhibit A. 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. st Passed, approved and adopted this 1 day of February, 2010. /s/Roy D. Buol, Mayor: Attest: Jeanne F. Schneider, CMC, City Clerk th Published officially in the Telegraph Herald Newspaper the 5 day of February, 2010. /s/Jeanne F. Schneider, CMC, City Clerk Water Revenue Capital Loan Notes: Proof of publication on notice of hearing to consider the issuance of not to exceed $1,000,000 Water Revenue Capital Loan Notes and City Manager recommending approval. Motion by Connors to receive and file the documents and adopt Resolution No. 34-10 Instituting proceedings to take additional action for the authorization of a Forgivable Loan and Disbursement Agreement and the issuance of not to exceed $1,000,000 Water Revenue Capital Loan Notes. Seconded by Voetberg. Motion carried 7-0. RESOLUTION NO. 34-10 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION OF A FORGIVABLE LOAN AND DISBURSEMENT AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $1,000,000 WATER REVENUE CAPITAL LOAN NOTES Whereas, pursuant to notice published as required by law, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the authorization of a Forgivable Loan and Disbursement Agreement by and between the City and the Iowa Finance Authority, and the issuance to the Iowa Finance Authority of not to exceed $1,000,000 Water Revenue Capital Loan Notes to evidence the obligations of the City under said Forgivable Loan and Disbursement Agreement, for the purpose of paying costs of acquisition, construction, reconstruction, extending, remodeling, improving, repairing and equipping all or part of the Municipal Water Utility, including those costs associated with the acquisition and installation of a fixed radio network water meter system, and has considered the extent of 20 objections received from residents or property owners as to said proposal and, accordingly the following action is now considered to be in the best interests of the City and residents thereof: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That this Council does hereby institute proceedings and takes additional action for the authorization of a Forgivable Loan and Disbursement Agreement by and between the City and the Iowa Finance Authority, and the issuance to the Iowa Finance Authority in the manner required by law of not to exceed $1,000,000 Water Revenue Capital Loan Notes for the foregoing purpose. st Passed and approved this 1day of February, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Upon motion the rules were reinstated limiting discussion to the City Council. ACTION ITEMS Police Chief Appointment: City Manager recommending approval of the selection of Mark Dalsing as the next Chief of Police for the City of Dubuque. Motion by Jones to receive and file the documents and approve the recommendation. Seconded by Connors. Motion carried 7-0. Swearing In of Police Chief Mark Dalsing. Greater Dubuque Development Corporation: Rick Dickinson, Executive Director – Greater Dubuque Development Corporation, provided a verbal update on the activities of the Greater Dubuque Development Corporation and Dubuque Works. Motion by Connors to receive and file the information. Seconded by Voetberg. Motion carried 7-0. Request to Address the City Council – Mark J. Gilligan: Request of Mark J. Gilligan, 1575 Earl Drive, to address the City Council regarding the accumulation of ice on the corner of Earl Drive and Pennsylvania Avenue. Mr. Gilligan withdrew his request prior to the meeting after speaking to the City Engineer and resolving the issue. Request to Address the City Council – Sandy Amberg: Request of Sandy Amberg, 80 Croydon Crest, to address the City Council regarding expense, safety and sustainability of adding fluoride to City water. Response to Ms. Amberg’s concerns regarding the City’s water supply having fluoride. Motion by Lynch to receive and file the documents. Seconded by Braig. Ms. Amberg addressed the City Council regarding her belief that fluoride is an expensive and dangerous chemical that should be removed from the City’s drinking water system. Motion carried 5-2 with Lynch and Jones voting nay. Tobacco and Alcohol Compliance – Civil Penalty Hearing: Assistant City Attorney Crenna Brumwell to conduct a civil penalty hearing on the third tobacco compliance violation and the second alcohol compliance violation by Road Ranger, 2175 Central Avenue. Motion by Connors to receive and file the documents and approve the Settlement Agreements. Seconded by Voetberg. Assistant City Attorney Crenna Brumwell informed the City Council a hearing would not be necessary since settlement agreements had been signed. Road Ranger 21 In-House Attorney Katie Mano and District Manager Keith Kehl described new measures undertaken by Road Ranger to prevent future violations. Motion carried 7-0. Water Revenue Capital Loan Notes, Series 2010C: City Manager recommending approval of the final proceedings providing for the issuance of $8,676,000 Water Revenue Capital Loan Notes. Motion by Braig to receive and file the documents and adopt Resolution No. 35-10 Authorizing and providing for the issuance and securing the payment of $8,676,000 Water Revenue Capital Loan Notes, Series 2010C 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. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 35-10 SERIES RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE AND SECURING THE PAYMENT OF $8,676,000 WATER REVENUE CAPITAL LOAN NOTES, SERIES 2010C 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 Water Utility 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. 379-08 passed and approved on October 20, 2008 (the "Master Resolution"), the City Council heretofore has authorized the issuance of $1,195,000 Water Revenue Capital Loan Notes, Series 2008D, for the purpose of financing the construction of the Series 2008D 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, separate notices of the intention of the City Council to take action for the issuance of not to exceed $8,000,000 Water Revenue Capital Loan Notes and $1,000,000 Water Revenue Capital Loan Notes have 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 and receipt of the reports described in Section 8.3 of the Master 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 22 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: "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 2010C 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 2010C Bonds. "Master Resolution" means the City Council Resolution No. 379-08, passed and approved on October 20, 2008, entitled "Master Resolution relating to the issuance of Water 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 $1,195,000 Water Revenue Bonds, Series 2008D, providing for a method of payment thereof, funding a Debt Service Reserve Fund, 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 2010C Bonds from the City at the time of their original issuance. "Program" shall mean the Iowa Drinking Water Works Financing Program administered by the Original Purchaser. "Series 2010C Bonds" means the $8,676,000 Water Revenue Capital Loan Notes, Series 2010C, dated the date of delivery, authorized to be issued pursuant to this Series Resolution. "Series 2010C Costs of Issuance Account" means the account by that name within the Project Fund established in Section 5.1 of the Master Resolution. "Series 2010C Projects" shall mean the Projects being financed with the proceeds of the Series 2010C Bonds, consisting of those costs associated with the acquisition and installation of a fixed radio network water meter system , 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 2010C Projects Account" means the account by that name within the Project Fund established in Section 5.1 of the Master Resolution. "Series 2010C 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 2010C 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. 23 ARTICLE II THE SERIES 2010C BONDS Section 2.1. Series 2010C 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 Water Revenue Capital Loan Notes, Series 2010C, in the aggregate principal amount of $8,676,000, dated the date of delivery, for the purpose of constructing the Series 2010C Projects and paying Project Costs relating thereto, and to pay related Costs of Issuance. The Series 2010C Bonds shall be issued as Senior SRF Bonds under the terms of the Master Resolution, shall be designated "CITY OF DUBUQUE, IOWA, WATER REVENUE CAPITAL LOAN NOTES, SERIES 2010C", and bear interest from the date hereof, until payment thereof, at the office of the Paying Agent, said interest payable on June 1, 2010 and semiannually thereafter on the 1st day of June and December in each year until maturity at the rate hereinafter provided. 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 Series 2010C Bonds authorized by the Agreements and this Series Resolution. The Series 2010C 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 2010C 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 2010C Bonds shall 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, 2012 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, 2031. 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 Series 2010C 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 Series 2010C Project, all as provided in the administrative rules governing the Program. Payment of principal and interest on the Series 2010C Bonds shall at all times conform to said debt service sand the rules of the Program. In addition to the payment of principal of and interest on the Series 2010C 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 2010C Bonds in Certificated Form. The Series 2010C Bonds shall be issued as Bonds in Authorized Denominations and may, at the request of the Original Purchaser, be issued in the denomination of $1,000 or multiples thereof and as two single Series 2010C Bonds in the amounts of $7,676,000 (Bond No. R-1) and $1,000,000 (Bond No. R-2), and shall be registered in the name of the Original Purchaser. 24 Section 2.3. Appointment of Registrar. The Treasurer is hereby appointed as Registrar for the Series 2010C Bonds under the terms of this Series Resolution. Section 2.4. Execution, Authentication and Delivery of the Series 2010C Bonds. Upon the adoption of this Resolution, the Mayor and City Clerk shall execute and deliver the Series 2010C Bonds to the Registrar, who shall authenticate the same and deliver the same to or upon order of the Original Purchaser. No such Series 2010C 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 2010C Bond a Certificate of Authentication substantially in the form of the Certificate herein set forth. Such Certificate upon any such Series 2010C Bond executed on behalf of the Issuer shall be conclusive evidence that the Series 2010C 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 Bond No. R-2, provided that the Issuer proceeds with diligence to completion of the Series 2010C 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 Series 2010C Project and (ii) following completion of the Series 2010C 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. ARTICLE III REDEMPTION OF BONDS Section 3.1. Optional Redemption. The Series 2010C 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 2010C Projects are damaged or destroyed. Any optional redemption of the Series 2010C 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 2010C Bonds). The terms of redemption shall be par, plus accrued interest to date of call. The Series 2010C 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 2010C Bond Proceeds. The Series 2010C 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 2010C Bonds shall be deposited into the Series 2010C Costs of Issuance Account. (ii) The balance of proceeds shall be deposited into the Series 2010C Projects Account of the Project Fund and applied thereafter to pay Project Costs of the Series 2010C Projects. Section 4.2. No Adjustment to Debt Service Reserve Requirement. The Series 2010C 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 2010C Bonds, the amount to be accumulated and maintained in the Debt Service Reserve Fund shall not be increased, but shall continue to 25 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 2010C Bonds and which are not Senior SRF Bonds. 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 2010C Bonds issued hereunder which will cause any of the Series 2010C 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 2010C Bonds it will comply with the requirements of said statute and regulations issued thereunder. 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 2010C 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 2010C 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 2010C 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 2010C 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 2010C 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 2010C 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 therefrom 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 2010C 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 2010C 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 2010C 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 2010C 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 26 fiscal agents, financial advisors, attorneys and other persons to assist the City in such compliance. ARTICLE VI MISCELLANEOUS PROVISIONS Section 6.1. Delivery of Series 2010C Bonds. The City shall deliver the executed Agreements and the Series 2010C Bonds to the Original Purchaser at the price of par on the date of Closing. Delivery of the executed Agreements and the Series 2010C 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 are 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 2010C 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 2010C 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. st Passed and approved this 1 day of February, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Water and Sewer Billing Units: City Manager recommending, as part of the Water Meter Change Out Project, to start billing of the water and sewer consumption in gallons versus the current cubic feet. Motion by Connors to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Braig. Motion carried 7-0. Motion by Connors for final consideration and passage of Ordinance No. 5-10 Amending City of Dubuque Code of Ordinances Title 13 Public Utilities, Chapter 1 Water Use and Service, Article C Rates, Section 13-1C-1(A) Establishing Water Rates for Residential, Commercial, Industrial and All Other Uses; and Ordinance No. 6-10 Amending City of Dubuque Code of Ordinances Section 13-2C-3(B) Establishing the Schedule of Rates for Residential and Commercial Sewer Users by increasing the rates; and amending Section 13- 27 2C-3(C)(7) Establishing the Minimum Service Charge by increasing the minimum service charge. Seconded by Braig. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 5-10 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 13 PUBLIC UTILITIES, CHAPTER 1 WATER USE AND SERVICE, ARTICLE C RATES, SECTION 13-1C-1(A) ESTABLISHING WATER RATES FOR RESIDENTIAL, COMMERCIAL, INDUSTRIAL, AND ALL OTHER USES NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 13-1C-1(A) of the City of Dubuque Code of Ordinances is hereby amended to read as follows: Section 13-1C-1A: Residential, Commercial, Industrial and All Other Uses. A. Rates Established: The rates to be charged for water for residential, commercial, industrial and all other uses and purposes by any person, firm or corporation within the city shall be based on units of one hundred cubic feet (748 gallons) or per gallon as follows: Monthly Consumption Charge per (in Hundreds of Cubic Feet) Hundred Cubic Feet First 30 $2.12 Next 120 $1.73 Next 350 $1.61 Next 500 $1.42 Next 1,000 $1.25 Monthly Consumption Charge per (in Gallons) Gallon First 22,440 0.00283 Next 89,760 0.00231 Next 261,800 0.00215 Next 374,000 0.00190 Next 748,000 0.00167 Rates shall be subject to the following minimum monthly charge according to the size of the meter: Meter Size Monthly Consumption Monthly Consumption Minimum Inches (In Hundreds of Cubic Feet) (In Gallons) Charge 5/8 2 1,496 $ 4.24 3/4 5 3,740 $ 10.61 1 8 5,984 $ 16.97 1½ 26 19,448 $ 55.17 2 46 34,408 $ 91.34 3 106 79,288 $ 195.16 4 168 125,664 $ 300.22 6 368 275,264 $ 621.58 8 625 467,500 $1,011.36 A property owner shall pay a $30.00 disconnect fee for water service that is disconnected by city staff (meter not in service). When a tenant account is subject to disconnection due to delinquency, the tenant shall pay the $30.00 disconnect fee. A $5.00 minimum monthly charge shall be assessed for meters not in service. **** 28 Section 2. This Ordinance shall take effect upon publication. st Passed, approved and adopted this 1 day of February 2010. /s/Roy D. Buol, Mayor Attest: /s/Jeanne Schneider, CMC, City Clerk th Published officially in the Telegraph Herald Newspaper the 5 day of February, 2010. /s/Jeanne F. Schneider, CMC, City Clerk OFFICIAL PUBLICATION ORDINANCE NO. 6-10 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES SECTION 13-2C-3(B) ESTABLISHING THE SCHEDULE OF RATES FOR RESIDENTIAL AND COMMERCIAL SEWER USERS BY INCREASING THE RATES; AND AMENDING SECTION 13-2C-3(C)(7) ESTABLISHING THE MINIMUM SERVICE CHARGE BY INCREASING THE MINIMUM SERVICE CHARGE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 13-2C-3(B) of the City of Dubuque Code of Ordinances is amended to read as follows: Section 13-2C-3: Rates Established: **** B. Schedule Of Rates: Rates per each one hundred (100) cubic feet $2.37 Rate per each gallon $0.00317 **** Section 2. Section 13-2C-3(C)(7) of the City of Dubuque Code of Ordinances is amended to read as follows: Section 13-2C-3: Rates Established: **** C. Service Charge: **** 7. Where the quantity of water consumed is such that the minimum service is charged, the minimum sewer service charge, according to the size of the meter, shall be as follows: Meter Size Minimum Allowance Allowance (inches) Charge (cubic feet) (gallons) 5/8 $ 4.75 200 1,496 3/4 $ 11.84 500 3,740 1 or larger $ 18.96 800 5,984 Section 3. This Ordinance shall take effect upon publication. st Passed, approved and adopted this 1 day of February 2010. /s/Roy D. Buol, Mayor Attest: /s/Jeanne Schneider, CMC, City Clerk th Published officially in the Telegraph Herald Newspaper the 5 day of February, 2010. /s/Jeanne F. Schneider, CMC, City Clerk Transit Management – Request for Proposals: City Manager recommending approval of the Request for Proposals (RFP) for Transit Management services. Motion by Lynch to receive and file the documents and approve the recommendation. Seconded by Braig. Voetberg asked 29 that the last sentence of the first paragraph on Page 5 of the proposal be stricken. Motion carried 7-0. City of Dubuque Parking Ramp: City Manager recommending approval of the proposed th design for the parking ramp to be located at 10 Street and Central Avenue. Historic Preservation Commission recommending approval of the design of the City of th Dubuque Parking Ramp to be located at 10 and Central. Motion by Connors to receive and file the documents and approve the recommendation. Seconded by Voetberg. Responding to questions from the City Council, Parking System Supervisor Tim Horsfield stated that the design is driven by budget constraints and requires the approval of the Historic Preservation Commission. Motion carried 6-1 with Resnick voting nay. Dubuque Water Trail Grant Agreement: City Manager recommending approval of a grant agreement with the Iowa Department of Natural Resources for $6,000 in Iowa Water Trail funding for the Dubuque Water Trail Project. Motion by Connors to receive and file the documents and adopt Resolution No. 36A-10 Approving an agreement for Iowa Water Trail funding with the Iowa Department of Natural Resources for the Dubuque Water Trail. Seconded by Braig. Motion carried 7-0. RESOLUTION NO. 36A-10 APPROVING AN AGREEMENT FOR IOWA WATER TRAIL FUNDING WITH THE IOWA DEPARTMENT OF NATURAL RESOURCES FOR THE DUBUQUE WATER TRAIL. Whereas, the Iowa Department of Natural Resources has awarded the City of Dubuque an Iowa water trail grant; and Whereas, the City has adopted a Comprehensive Plan that includes a Recreation Goal to optimize the recreational amenities offered by the city's riverfront. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Mayor is authorized to sign this agreement with the Iowa Department of Natural Resources for Iowa water trail funding for the Dubuque Water Trail. Section 2. That the City Council agrees to abide by all local, state and federal requirements applicable to the proposed budget. st Passed, approved and adopted this 1 day of February 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Automated Agenda Management Software: City Manager recommending approval of the selection of Novus Systems to provide automated agenda management software. Motion by Lynch to receive and file the documents and approve the recommendation. Seconded by Connors. Motion carried 7-0. Safe Community Task Force Recommendations: City Manager recommending adoption of the first set of recommendations from the Safe Community Task Force. Motion by Connors to receive and file the documents and approve the recommendation. Seconded by Resnick. Resnick thanked the Task Force for its work and stated he liked the recommendations. Mayor Buol requested the Task Force submit an update on their progress for the March 1 meeting. Motion carried 7-0. 30 Energy Efficiency and Conservation Block Grant (EECBG): City Manager recommending approval of the Energy Efficiency and Conservation Strategy for the $574,700 EECBG funds the City received as a formula allocation through the American Recovery and Reinvestment Act (Stimulus Package). Motion by Jones to receive and file the documents and approve the recommendation. Seconded by Connors. Motion carried 7-0. Cell Phone Ordinance: City Attorney submitting a proposed cell phone ordinance. The New York Times article “Driven to Distraction” submitted by City Council Member David Resnick. Motion by Voetberg to receive and file the documents and to consider the first reading of the proposed ordinance amending City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 10 Miscellaneous Rules, by adding a new Section 9-10-400 Prohibiting the Use of Electronic Communications Devices While Driving a Motor Vehicle. Seconded by Jones. Motion carried 7-0. Fiscal Year 2011 Operating Budget and Capital Improvement Program: City Manager submitting the Fiscal Year 2011 Operating Budget and Five Year Capital Improvement Program. Motion by Connors to receive and file the documents. Seconded by Braig. Motion carried 7-0. COUNCIL MEMBER REPORTS Mayor Buol thanked the Boy Scout Troop 69 for attending the meeting. Scout Master Tim Cannon added that attendance was required for their Eagle Scout Community Citizenship Lynch expressed gratitude on behalf of the City Council to Assistant Police Chief Terry Tobin for his work as Acting Police Chief. Jones wished safe traveling to those Council Members going to Washington DC with the Chamber of Commerce delegation. There being no further business, upon motion the City Council adjourned at 8:32 p.m. /s/Jeanne F. Schneider, CMC City Clerk 31