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2005 April Council Proceedings Regular Session, April 4, 2005 109 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Regular Session, Monday, April 4,2005 Council met in Regular Session at 6:30 P.M. in the Library Auditorium Present: Mayor Duggan, Council Buol, Cline, Connors, Markham, Nicholson, City Manager Van Corporation Counsel Lindahl. Members Michalski, Milligen, Mayor Duggan read the call and stated this is a regular session of the City Council called for the purpose of discussing such matters which may properly come before the Council. Invocation was given by Reverend Judy Wadding, United Methodist Minister. Proclamations: Kids' Day America (May 14, 2005) received by Dr. Andrew Harris of the Community Chiropractic Clinic; Child Abuse Prevention Month (April, 2005) received by Mary Gassman; Public Health Week (April 4 - 10, 2005) received by Public Health Specialist Mary Rose Corrigan; University of Dubuque Commendation received by Paula Carlson CONSENT ITEMS Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of 2/22; City Council of 3/21; Five Flags Commission of 2/21; Housing Commission of 2/22; Housing Commission Trust Fund Committee of 317; Long Range Planning Advisory Commission of 3/16; Mechanical Board of 3/16; Park and Recreation Commission of 3/8; Transit Board of Trustees of 3/10, presented and read. Buol moved that the minutes be received and filed. Seconded by Nicholson. Motion carried 7-0. Library Board of Trustees Update from the meeting of February 24, 2005, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. Proofs of publication of City Council proceedings of February 15 and 16, March 7 and 8, 2005 and Governing Board of the Municipal Housing Agency proceedings of March 8, 2005, presented and read. Buol moved that the proofs be received and filed. Seconded by Nicholson. Motion carried 7-0. Notice of Claims/Suits: Washington Mutual Bank, FA vs. City of Dubuque, et ai, presented and read. Buol moved that the claim be referred to the Legal Department for investigation. Seconded by Nicholson. Motion carried 7-0. Dubuque Golf and Country Club: Request of Dubuque Golf and Country Club to display fireworks on July 4, 2005 on the Dubuque Golf and Country Club grounds, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Nicholson. Motion carried 7-0. Consultant Agreement for Update of Zoning and Subdivision Ordinances: City Manager recommending approval of the professional services agreement between the City of Dubuque and Lane Kendig, Inc., to prepare a comprehensive update of the City's Zoning and Subdivision' Ordinances, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Nicholson. Motion carried 7-0. Community Development Block Grant (CDBG) Program: Communication from the Historic Preservation Commission applauding the City Council for continued support of the Community Development Block Grant (CDBG) Program, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. Police Patrol Remodeling Project: City Manager recommending acceptance of the Police Patrol Remodeling Project as completed by Stumpf Construction and All-Systems in the final contract amount of $109,686.44, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 120-05 ACCEPTING IMPROVEMENT Whereas, the contract for the Police Patrol Remodeling Project has been completed and the City Manager has examined the work and filed a certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and is hereby directed to pay to the contractor from the Police Capital 110 Regular Session, April 4, 2005 Improvement Fund in amounts equal to the amount of the contract, less any retained percentage provided for therein. Passed, approved and adopted this 4th day of April, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 121-05 FINAL ESTIMATE Whereas, the contract for the Police Patrol Remodeling Project has been completed and the Police Chief Kim B. Wadding has submitted the final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said improvement is hereby determined to be $109,686.44 and the said amount shall be paid from the Police Capital Improvement Fund of the City of Dubuque, Iowa. Passed, approved and adopted this 4th day of April, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Voluntary Annexation of Territory: Corporation Counsel recommending re-approval of the application for voluntary annexation of approximately forty acres of territory owned by Joel Callahan, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 122-05 RE-APPROVING THE APPLICATION FOR THE VOLUNTARY ANNEXATION OF TERRITORY OWNED BY CALLAHAN CONSTRUCTION, INC. Whereas, on July 9, 2003, Joel Callahan, President of Callahan Construction, Inc., submitted a written application for the voluntary annexation of approximately 40 acres of territory lying outside the corporate limits of the City of Dubuque, Iowa; and Whereas, on August 18, 2003, the City Council, by Resolution No. 287-03, a copy of which is attached hereto, approved the application; and Whereas, on August 26, 2003, the City of Dubuque submitted the application to the City Development Board; and Whereas, on September 9, 2003, the City of Dubuque requested that the application be withdrawn from the City Development Board to be resubmitted at a later date as part of an 80/20 voluntary annexation of approximately 704.5 acres of territory lying outside the corporate limits of the City of Dubuque, Iowa; and Whereas, the 80/20 voluntary annexation was approved by the City Development Board and its decision has been filed with the Secretary of State and recorded by the Dubuque County Recorder; and Whereas, the City of Asbury has filed an appeal from the decision of the City Development Board in the Iowa District for Dubuque County; and Whereas, Joel Callahan has requested that in the event the City of Asbury's appeal is successful and the decision of the City Development Board on the 80/20 voluntary annexation set aside, the City of Dubuque re- submit the original application of Callahan Construction, Inc. for' voluntary annexation of approximately 40 acres to the City Development Board for further proceedings. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: In the event the City of Asbury's appeal of the decision of the City Development Board on the 80/20 voluntary annexation is successful and the decision set aside, the City Clerk shall re-submit Resolution No. 287-03, including all exhibits and the application for voluntary annexation, to the City Development Board as provided by law for further proceedings. Passed, approved and adopted this 4th day of April, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Development Agreement for North Grandview Estates: City Manager recommending approval of a Development Agreement with Richard Henkel and Sandra Williams for development of affordable single-family housing in North Grandview Estates, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Nicholson. Motion carried 7-0. Operating Engineer's Union Petition: City Manager recommending approval of a petition from the Operating Engineer's Union to amend their bargaining unit to exclude certain classifications, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Nicholson. Motion carried 7-0. Mediacom: MMC Iowa, LLC (Mediacom) submitting the formal renewal proposal in Regular Session, April 4, 2005 111 response to the City's Request for Renewal Proposal, presented and read. Buol moved that the communication be received and filed and referred to the City Manager. Seconded by Nicholson. Motion carried 7-0. Civil Service Commission: Civil Service Commission submitting the certified list for the position of Traffic Signal Technician II, presented and read. March 15, 2005 Honorable Mayor and Members of the City Council: In accordance with Chapter 400 of the 2005 Code of Iowa, an examination for the position of Traffic Signal Technician II was held. We hereby certify that the individuals listed below have passed this written examination and the vacation for this position should be made from this list and that this list is good for two (2) years from above date. TRAFFIC SIGNAL TECHNICIAN II Corey J. Firzlaff Michael J. Ambrosy Michael D. Bakey Respectfully submitted: Isl Merle Duehr, Chairperson Isl Loras J. Kluesner Civil Service Commission Buol moved that the communication be received and filed and made a matter of record. Seconded by Nicholson. Motion carried 7-0. Legislative Correspondence: City Manager correspondence to State legislators regarding a possible ten-year state sales tax exemption and requesting support for an amendment to the proposed legislation allowing use of the sales tax rebate for newly established businesses in Enterprise Zones, presented and read. Buol moved that the communication be received and filed and approved letters. Seconded by Nicholson. Motion carried 7-0. City of Asbury: Communication from Richard Anderson, Mayor of Asbury, requesting City Council cooperation for an intersection change at Asbury Road and Seippel Road from a two- way stop to a four-way stop and a decrease in the speed limit from 45 mph to 35 mph, presented and read. Buol moved that the communication be received and filed and referred to the City Manager. Seconded by Nicholson. Motion carried 7-0. Housing Trust Fund - Gateways to Home: City Manager recommending approval of a $30,000 grant to Gateways to Home (the local Community Housing Development Organization) to purchase the former Washington Neighborhood Center at 382 East 21st Street for renovation and conversion to rental units, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Nicholson. Motion carried 7-0. McAleece Concession Operation: City Manager recommending approval to create seasonal positions to allow the City to operate the concession stand at the McAleece Park and Recreation Complex, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Nicholson. Motion carried 7-0. Lease Agreements Dubuque Racing Association and Dubuque Casino Hotel, LLC: City Manager recommending approval of a First Amendment to the Amended and Restated Lease Agreement between the City and the Dubuque Racing Association and the Second Amendment to the Lease Agreement between the City and Dubuque Casino Hotel, LLC to add a legal description for the footprint of the hotel, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Nicholson. Motion carried 7-0. Grand River Center Bid Package #3 Project: City Manager recommending acceptance of the Grand River Center Bid Package #3 Project as completed by JP Cullen and Sons in the final contract amount of $24,228,119, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 123-05 ACCEPTING IMPROVEMENT Whereas, the contract for the Education and Conference Center (Grand River Center) Bid Package 3 has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contracts, plans and specifications and recommends its acceptance. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said improvements be and the same are hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and is hereby directed to pay to the contractor in the amount equal to the amount of this contract, less any retained percentage provided for therein. Passed, approved and adopted this 4th day of April, 2005. 112 Regular Session, April 4, 2005 Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 124-05 FINAL ESTIMATE Whereas, the contract for the Education and Conference Center (Grand River Center) Bid Package 3 has been completed and the Building Services Manager has submitted his final estimate showing the cost thereof. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said improvement is hereby determined to be $24,228,119.00 and the said improvement shall be paid by the City as provided for therein. Passed, approved and adopted this 4th day of April, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. 685 West 32"d Street - Purchase of Property: City Manager recommending approval to purchase a residential dwelling located at 685 West 32nd Street as part of the acquisition pro~ram associated with expansion of the West 32" Street Detention Basin, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 126-05 A RESOLUTION APPROVING THE ACQUI- SITION OF REAL ESTATE LOCATED AT 685 WEST 32ND STREET, IN THE CITY OF DUBUQUE WHEREAS, the City of Dubuque intends to acquire certain properties located in the area adjacent to the West 32nd Street detention basin for purposes of stormwater mitigation activities as recommended in the 2001 HDR "Drainage Basin Master Plan;" and WHEREAS, a purchase agreement has been finalized with the owner of the eighth property scheduled for acquisition. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque hereby approves the acquisition of the following legally described property: Lot 4 and 4A in Fink's Subdivision in the City of Dubuque, Iowa according to the Plat thereof in Dubuque County, Iowa At the cost of Eighty-eight thousand dollars ($88 000). Section 2. That the City of Dubuque be and is hereby authorized to accept a Quit Claim deed from the owner, conveying the owner's interest to the City of Dubuque, Iowa for the herein described real estate. Section 3. That the City Clerk be and she is hereby authorized and directed to cause said Quit Claim Deed to be recorded in the office of the Dubuque County Recorder, together with certified copy of the Resolution. Section 4. That the City Clerk be and she is hereby directed to forward a copy of this Resolution to the Dubuque County Assessor and the Dubuque County Auditor. Passed, approved and adopted this 4th day of April, 2005. Terrance M. Duggan, Mayor Attest: Jeanne Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. General Obligation Bond Issue - Series 2005A: City Manager recommending approval of the final action necessary for the issuance of the General Obligation Bonds - Series 2005A in support of stormwater projects, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 127-05 RESOLUTION APPOINTING WELLS FARGO BANK, NATIONAL ASSOCIATION OF DES MOINES, IOWA, TO SERVE AS PAYING AGENT, BOND REGISTRAR, AND TRANS- FER AGENT, APPROVING THE PAYING AGENT AND BOND REGISTRAR AND TRANSFER AGENT AGREEMENT AND AUTHORIZING THE EXECUTION OF THE AGREEMENT WHEREAS, pursuant to the provisions of Chapter 75 of the Code of Iowa, $1,750,000 General Obligation Bonds, Series 2005A, dated the date of delivery, have been sold at public sale and action should now be taken to provide for the maintenance of records, registration of certificates and payment of principal and interest in connection with the issuance of the bonds; and WHEREAS, this Council has deemed that the services offered by Wells Fargo Bank, National Association of Des Moines, Iowa, are necessary for compliance with rules, regulations, and requirements governing the registration, transfer and payment of registered bonds; and WHEREAS, a Paying Agent, Bond Registrar and Transfer Agent Agreement (hereafter "Agreement") has been prepared to be entered into between the City and Wells Fargo Bank, National Association. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA: Regular Session, April 4, 2005 113 Section 1. That Wells Fargo Bank, National Association of Des Moines, Iowa, is hereby appointed to serve as Paying Agent, Bond Registrar and Transfer Agent in connection with the issuance of $1,750,000 General Obligation Bonds, Series 200SA, dated the date of delivery. Section 2. That the Agreement with Wells Fargo Bank, National Association of Des Moines, Iowa, is hereby approved and that the Mayor and Clerk are authorized to sign the Agreement on behalf of the City. Passed, approved and adopted this 4th day of April, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 128-05 RESOLUTION AUTHORIZING AND PROVI- DING FOR THE ISSUANCE OF $1,750,000 GENERAL OBLIGATION BONDS, SERIES 2005A, AND LEVYING A TAX TO PAY SAID BONDS WHEREAS, the Issuer is duly incorporated, organized and exists under and by virtue of the laws and Constitution of the State of Iowa; and WHEREAS, the Issuer is in need of funds to pay costs of the acquisition, construction, and installation of stormwater and storm sewer utility facilities and improvements, including the 32nd Street Detention Basin land acquisition, stormwater ditch remediation, NPDES compliance activities, and other storm sewer, stream bank and detention basin improvements, essential corporate purposes, and it is deemed necessary and advisable that General Obligation Bonds in the amount of $1 ,750,000 be issued for said purpose; and WHEREAS, pursuant to notice published as required by Section 384.25 of said Code, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of said Bonds, and the Council is therefore now authorized to proceed with the issuance of said Bonds; and WHEREAS, pursuant to the provisions of Chapter 75 of the Code of Iowa, the above mentioned Bonds were heretofore sold at public sale and action should now be taken to issue said Bonds conforming to the terms and conditions of the best bid received at the advertised public sale. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, 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: D "Authorized Denominations" shall mean $5,000 or any integral multiple thereof. D "Beneficial Owner" shall mean the person in whose name such Bond is recorded as the beneficial owner of a Bond by a Participant on the records of such Participant or such person's subrogee. D "Bond Fund" shall mean the fund created in Section 3 of this Resolution. D "Bonds" shall mean $1,750,000 General Obligation Bonds, Series 2005A, authorized to be issued by this Resolution. D "Cede & Co." shall mean Cede & Co., the nominee of DTC, and any successor nominee of DTC with respect to the Bonds. D "Continuing Disclosure Certificate" shall mean that certain Continuing Disclosure Certificate executed by the Issuer and dated the date of issuance and delivery of the Bonds, as originally executed and as it may be amended from time to time in accordance with the terms thereof. D "Depository Bonds" shall mean the Bonds as issued in the form of one global certificate for each maturity, registered in the Registration Books maintained by the Registrar in the name of DTC or its nominee. D "DTC" shall mean The Depository Trust Company, New York, New York, a limited purpose trust company, or any successor book- entry securities depository appointed for the Bonds. D "Issuer" and "City" shall mean the City of Dubuque, Iowa. D "Participants" shall mean those broker- dealers, banks and other financial institutions for which DTC holds Bonds as securities depository. D "Paying Agent" shall mean Wells Fargo Bank, National Association, 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 Bonds as the same shall become due. D "Project Fund" shall mean the fund required to be established by this Resolution for the deposit of the proceeds of the Bonds. D "Rebate Fund" shall mean the fund so defined in and established pursuant to the Tax Exemption Certificate. D "Registrar" shall mean Wells Fargo Bank, National Association of Des Moines, Iowa, or such successor as may be approved by Issuer as provided herein and who shall carry out the duties prescribed herein with respect to maintaining a register of the owners of the Bonds. Unless otherwise specified, the Registrar shall also act as Transfer Agent for the Bonds. D "Representation Letter" shall mean the Blanket Issuer Letter of Representations executed and delivered by the Issuer to DTC. D "Resolution" shall mean this resolution authorizing the Bonds. 114 Regular Session, April 4, 2005 o "Tax Exemption Certificate" shall mean the Tax Exemption Certificate executed by the Treasurer and delivered at the time of issuance and delivery of the Bonds. o "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 Bonds issued hereunder. Section 2. Levy and Certification of Annual Tax; Other Funds to be Used. (a) Levy of Annual Tax. That for the purpose of providing funds to pay the principal and interest of the Bonds hereinafter authorized to be issued, there is hereby levied for each future year the following direct annual tax on all of the taxable property in Dubuque, Iowa, to-wit: FISCAL YEAR (JULY 1 TO JUNE 30) AMOUNT YEAR OF COLLECTION: $131,357 200512006 136,835 2006/2007 134,910 200712008 137,810 200812009 135,448 200912010 132,973 201012011 135,348 2011/2012 137,468 2012/2013 134,323 201312014 136,093 201412015 132,583 2015/2016 133,983 2016/2017 135,088 201712018 135,888 2018/2019 136,425 201912020 136,695 202012021 136,693 202112022 136,413 202212023 135,850 202312024 (NOTE: For example the levy to be made and certified against the taxable valuations of January 1, 2004, will be collected during the fiscal year commencing July 1, 2005). (b) Resolution to be Filed With County Auditor. A certified copy of this Resolution should be filed with the County Auditor of Dubuque County, Iowa, and said Auditor is hereby instructed in and for each of the years as provided, to levy and assess the tax hereby authorized in Section 2 of this Resolution, in like manner as other taxes are levied and assessed, and such taxes so levied in and for each of the years aforesaid be collected in like manner as other taxes of the City are collected, and when collected be used for the purpose of paying principal and interest on said Bonds issued in anticipation of said tax, and for no other purpose whatsoever. (c) Additional City Funds Available. Principal and interest coming due at any time when the proceeds of said tax on hand shall be insufficient to pay the same shall be promptly paid when due from current funds of the City available for that purpose and reimbursement shall be made from such special fund in the amounts thus advanced. Section 3. Bond Fund. Said tax shall be collected each year at the same time and in the same manner as, and in addition to, all other taxes in and for the City, and when collected they shall be converted into a special fund within the Debt Service Fund to be known as the "GENERAL OBLIGATION BOND FUND 2005 NO. ONE" (the "Bond Fund"), which is hereby pledged for and shall be used only for the payment of the principal of and interest on the Bonds hereinafter authorized to be issued; and also there shall be apportioned to said fund its proportion of taxes received by the City from property that is centrally assessed by the State of Iowa. Section 4. Application of Bond Proceeds. Proceeds of the Bonds other than accrued interest except as may. be provided below shall be credited to the Project Fund and expended therefrom for the purposes of issuance. Any amounts on hand in the Project Fund shall be available for the payment of the principal of or interest on the Bonds at any time that other funds shall be insufficient to the purpose, in which event such funds shall be repaid to the Project Fund at the earliest opportunity. Any balance on hand in the Project Fund and not immediately required for its purposes may be invested not inconsistent with limitations provided by law or this Resolution. Accrued interest, if any, shall be deposited in the Bond Fund. Section 5. Investments of Bond Fund Proceeds. All moneys held in the Bond Fund, provided for by Section 3 of this Resolution shall be invested in investments permitted by Chapter 12B, Code of Iowa, 2005 (formerly Chapter 452, Code of Iowa, as amended) or deposited in financial institutions which are members of the Federal Deposit Insurance Corporation and the deposits in which are insured thereby and all such deposits exceeding the maximum amount insured from time to time by FDIC or its equivalent successor in anyone financial institution shall be continuously secured in compliance with the State Sinking Fund provided under Chapter 12C of the Code of Iowa, 2005, as amended or otherwise by a valid pledge of direct obligations of the United States Government having an equivalent market value. All such interim investments shall mature before the date on which the moneys are required for payment of principal of or interest on the Bonds as herein provided. Section 6. Bond Details, Execution and Redemption. (a) Bond Details. General Obligation Bonds of the City in the amount of $1 ,750,000, shall be issued pursuant to the provisions of Sections 384.24 and 384.25 of the City Code of Iowa for Regular Session, April 4, 2005 115 the aforesaid purpose. The Bonds shall be designated "GENERAL OBLIGATION BOND, SERIES 2005A", be dated the date of delivery, and bear interest from the date thereof, until payment thereof, at the office of the Paying Agent, said interest payable on December 1, 2005, and semiannually thereafter on the 1st day of June and December in each year until maturity at the rates hereinafter provided. The Bonds 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 printed with the seal of the City and shall be fully registered as to both principal and interest as provided in this Resolution; principal, interest and premium, if any, shall be payable at the office of the Paying Agent by mailing of a check to the registered owner of the Bond. The Bonds shall be in the denomination of $5,000 or multiples thereof. The Bonds shall mature and bear interest as follows: Interest Principal Maturity Rate Amount June 1st 2.50% $ 55,000 2006 2.75 70,000 2007 3.00 70,000 2008 3.15 75,000 2009 3.30 75,000 2010 3.50 75,000 2011 3.60 80,000 2012 3.70 85,000 2013 3.80 85,000 2014 3.90 90,000 2015 4.00 90,000 2016 4.10 95,000 2017 4.20 100,000 2018 4.25 105,000 2019 4.30 110,000 2020 4.35 115,000 2021 4.40 120,000 2022 4.45 125,000 2023 4.50 130,000 2024 (b) Redemption. Bonds maturing after June 1, 2015 may be called for redemption by the Issuer and paid before maturity on said date or any date thereafter, from any funds regardless of source, in whole or from time to time in part, in any order of maturity and within an annual maturity by lot. The terms of redemption shall be par, plus accrued interest to date of call. Thirty days' notice of redemption shall be given by certified mail to the registered owner of the Bond. Failure to give such notice by mail to any registered owner of the Bonds or any defect therein shall not affect the validity of any proceedings for the redemption of the Bonds. All bonds or portions thereof called for redemption will cease to bear interest after the specified redemption date, provided funds for their redemption are on deposit at the place of payment. If selection by lot within a maturity is required, the Registrar shall designate the bonds to be redeemed by random selection of the names of the registered owners of the entire annual maturity until the total amount of bonds to be called has been reached. Section 7. Issuance of Bonds in Book-Entry Form; Replacement Bonds. (a) Notwithstanding the other provisions of this Resolution regarding registration, ownership, transfer, payment and exchange of the Bonds, unless the Issuer determines to permit the exchange of Depository Bonds for Bonds in the Authorized Denominations, the Bonds shall be issued as Depository Bonds in denominations of the entire principal amount of each maturity of Bonds (or, if a portion of said principal amount is prepaid, said principal amount less the prepaid amount); and such Depository Bonds shall be registered in the name of Cede & Co., as nominee of DTC. Payment of semi-annual interest for any Depository Bond shall be made by wire transfer or New York Clearing House or equivalent next day funds to the account of Cede & Co. on the interest payment date for the Bonds at the address indicated in or pursuant to the Representation Letter. (b) With respect to Depository Bonds, neither the Issuer nor the Paying Agent shall have any responsibility or obligation to any Participant or to any Beneficial Owner. Without limiting the immediately preceding sentence, neither the Issuer nor the Paying Agent shall have any responsibility or obligation with respect to (i) the accuracy of the records of DTC or its nominee or of any Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any Participant, any Beneficial Owner or any other person, other than DTC or its nominee, of any notice with respect to the Bonds, (iii) the payment to any Participant, any Beneficial Owner or any other person, other than DTC or its nominee, of any amount with respect to the principal of, premium, if any, or interest on the Bonds, or (iv) the failure of DTC to provide any information or notification on behalf of any Participant or Beneficial Owner. The Issuer and the Paying Agent may treat DTC or its nominee as, and deem DTC or its nominee to be, the absolute owner of each Bond for the purpose of payment of the principal of, premium, if any, and interest on such Bond, for the purpose of all other matters with respect to such Bond, for the purpose of registering transfers with respect to such Bonds, and for all other purposes whatsoever (except for the giving of certain Bondholder consents, in accordance with the practices and procedures of DTC as may be applicable thereto). The Paying Agent shall pay all principal of, premium, if any, and interest on the Bonds only to or upon the order of the Bondholders as shown on the 116 Regular Session, April 4, 2005 Registration Books, and all such payments shall be valid and effective to fully satisfy and discharge the Issuer's obligations with respect to the principal of, premium, if any, and interest on the Bonds to the extent so paid. Notwithstanding the provisions of this Resolution to the contrary (including without limitation those provisions relating to the surrender of Bonds, registration thereof, and issuance in Authorized Denominations), as long as the Bonds are Depository Bonds, full effect shall be given to the Representation Letter and the procedures and practices of DTC thereunder, and the Paying Agent shall comply therewith. (c) Upon (i) a determination by the Issuer that DTC is no longer able to carry out its functions or is otherwise determined unsatisfactory, or (ii) a determination by DTC that the Bonds are no longer eligible for its depository services or (iii) a determination by the Paying Agent that DTC has resigned or discontinued its services for the Bonds, if such substitution is authorized by law, the Issuer shall (A) designate a satisfactory substitute depository as set forth below or, if a satisfactory substitute is not found, (B) provide for the exchange of Depository Bonds for replacement Bonds in Authorized Denominations. (d) To the extent authorized by law, if the Issuer determines to provide for the exchange of Depository Bonds for Bonds in Authorized Denominations, the Issuer shall so notify the Paying Agent and shall provide the Registrar with a supply of executed unauthenticated Bonds to be so exchanged. The Registrar shall thereupon notify the owners of the Bonds and provide for such exchange, and to the extent that the Beneficial Owners are designated as the transferee by the owners, the Bonds will be delivered in appropriate form, content and Authorized Denominations to the Beneficial Owners, as their interests appear. (e) Any substitute depository shall be designated in writing by the Issuer to the Paying Agent. Any such substitute depository shall be a qualified and registered "clearing agency" as provided in Section 17 A of the Securities Exchange Act of 1934, as amended. The substitute depository shall provide for (i) immobilization of the Depository Bonds, (ii) registration and transfer of interests in Depository Bonds by book entries made on records of the depository or its nominee and (iii) payment of principal of, premium, if any, and interest on the Bonds in accordance with and as such interests may appear with respect to such book entries. Section 8. Registration of Bonds; Appointment of Registrar; Transfer; Ownership; Delivery; and Cancellation. (a) Registration. The ownership of Bonds may be transferred only by the making of an entry upon the books kept for the registration and transfer of ownership of the Bonds, and in no other way. Wells Fargo Bank, National Association is hereby appointed as Bond Registrar under the terms of this Resolution (and under the provisions of a separate agreement with the Issuer filed herewith which is made a part hereof by this reference.) Registrar shall maintain the books of the Issuer for the registration of ownership of the Bonds for the payment of principal of and interest on the Bonds as provided in this Resolution. All Bonds shall be negotiable as provided in Article 8 of the Uniform Commercial Code and Section 384.31 of the Code of Iowa, subject to the provisions for registration and transfer contained in the Bonds and in this Resolution. (b) Transfer. The ownership of any Bond may be transferred only upon the Registration Books kept for the registration and transfer of Bonds 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 Bond (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 Bond, a new fully registered Bond, of any denomination or denominations permitted by this Resolution in aggregate principal amount equal to the unmatured and unredeemed principal amount of such transferred fully registered Bond, 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 Bonds. In all cases of the transfer of the Bonds, the Registrar shall register, at the earliest practicable time, on the Registration Books, the Bonds, in accordance with the provisions of this Resolution. (d) Ownership. As to any Bond, 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 Bonds 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 Regular Session, April 4, 2005 117 liability upon such Bond, including the interest thereon, to the extent of the sum or sums so paid. (e) Cancellation. All Bonds which have been redeemed shall not be reissued but shall be cancelled by the Registrar. All Bonds 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 Bonds to the Issuer. (f) Non-Presentment of Bonds. In the event any payment check representing payment of principal of or interest on the Bonds is returned to the Paying Agent or if any bond is not presented for payment of principal at the maturity or redemption date, if funds sufficient to pay such principal of or interest on Bonds 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 Bonds 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 Bonds 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 Bonds. The Paying Agent's obligation to hold such funds shall continue for a period equal to two years and six months following the date on which such interest or principal became due, whether at maturity, or at the date fixed for redemption thereof, or otherwise, at which time the Paying Agent, shall surrender any remaining funds so held to the Issuer, whereupon any claim under this Resolution by the Owners of such interest or Bonds of whatever nature shall be made upon the Issuer. (g) Registration and Transfer Fees. The Registrar may furnish to each owner, at the Issuer's expense, one bond for each annual maturity. The Registrar shall furnish additional bonds in lesser denominations (but not less than the minimum denomination) to an owner who so requests. Section 9. Reissuance of Mutilated, Destroyed, Stolen or Lost Bonds. In case any outstanding Bond shall become mutilated or be destroyed, stolen or lost, the Issuer shall at the request of Registrar authenticate and deliver a new Bond of like tenor and amount as the Bond so mutilated, destroyed, stolen or lost, in exchange and substitution for such mutilated Bond to Registrar, upon surrender of such mutilated Bond, or in lieu of and substitution for the Bond destroyed, stolen or lost, upon filing with the Registrar evidence satisfactory to the Registrar and Issuer that such Bond 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 10. Record Date. Payments of principal and interest, otherwise than upon full redemption, made in respect of any Bond, 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 preceding the payment date. All such payments shall fully discharge the obligations of the Issuer in respect of such Bonds to the extent of the payments so made. Payment of principal shall only be made upon surrender of the Bond to the Paying Agent. Section 11. Execution, Authentication and Delivery of the Bonds. Upon the adoption of this Resolution, the Mayor and Clerk shall execute and deliver the Bonds to the Registrar, who shall authenticate the Bonds and deliver the same to or upon order of the Purchaser. No 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 Bond a Certificate of Authentication substantially in the form of the Certificate herein set forth. Such Certificate upon any Bond executed on behalf of the Issuer shall be conclusive evidence that the Bond so authenticated has been duly issued under this Resolution and that the holder thereof is entitled to the benefits of this Resolution. No Bonds shall be authenticated and delivered by the Registrar unless and until there shall have been provided the following: 1. A certified copy of the Resolution of Issuer authorizing the issuance of the Bonds; 2. A written order of Issuer signed by the Treasurer of the Issuer directing the authentication and delivery of the Bonds to or upon the order of the Purchaser upon payment of the purchase price as set forth therein; 3. The approving opinion of Ahlers & Cooney, P.C., Bond Counsel, concerning the validity and legality of all the Bonds proposed to be issued. Section 12. Right to Name Substitute Paying Agent or Registrar. Issuer reserves the right to name a substitute, successor Registrar or Paying Agent upon giving prompt written notice to each registered bondholder. Section 13. Form of Bond. Bonds shall be printed in substantial compliance with standards proposed by the American Standards Institute substantially in the form as follows: 118 Regular Session, April 4, 2005 I (ll) I I (ll) I I (7) I I (8) I I (I) I I (:.!) I I (j) I I (4) I I P) I I (9) I . I (9a) I (10) (Continued on the back of this Bond) I (1l)(1:l)(U) I I (14) I I (I:>) I FIGURE I (Front) . (10) (16) (Continued) . FlGURE 2 (Back) Regular Session, April 4, 2005 119 The text of the Bonds to be located thereon at the item numbers shown shall be as follows: Item 1, figure 1 = "STATE OF IOWA" "COUNTY OF DUBUQUE" "CITY OF DUBUQUE" "GENERAL OBLIGATION BONDS, SERIES 200SA" Item 2, figure 1 = Rate: Item 3, figure 1 = Maturity: Item 4, figure 1 = Bond Date: the date of delivery Item 5, figure 1 = Cusip No.: Item 6, figure 1 = "Registered" Item 7, figure 1 = Certificate No. Item 8, figure 1 = Principal Amount: $ Item 9, figure 1 = The City of Dubuque, Iowa, a municipal corporation organized and existing under and by virtue of the Constitution and laws of the State of Iowa (the "Issuer"), for value received, promises to pay from the source and as hereinafter provided, on the maturity date indicated above, to Item 9A, figure 1 = (Registration panel to be completed by Registrar or Printer with name of Registered Owner). Item 10, figure 1 = or registered assigns, the principal sum of (principal amount written out) THOUSAND DOLLARS in lawful money of the United States of America, on the maturity date shown above, only upon presentation and surrender hereof at the office of Wells Fargo Bank, National Association, Paying Agent of this issue, or its successor, with interest on said sum from the date hereof until paid at the rate per annum specified above, payable on December 1, 2005, and semiannually thereafter on the 1 st day of June and December in each year. Interest and principal shall be paid to the registered holder of the Bond as shown on the records of ownership maintained by the Registrar as of the 15th day preceding such interest payment date. Interest shall be computed on the basis of a 360-day year of twelve 30-day months. This Bond is issued pursuant to the provisions of Sections 384.24 and 384.25 of the City Code of Iowa, for the purpose of paying costs of the acquisition, construction, and installation of stormwater and storm sewer utility facilities and improvements, including the 32nd Street Detention Basin land acquisition, stormwater ditch remediation, NPDES compliance activities, and other storm sewer, stream bank and detention basin improvements, in conformity to a Resolution of the Council of said City duly passed and approved. Unless this certificate is presented by an authorized representative of The Depository Trust Company, a limited purpose trust company ("DTC"), to the Issuer or its agent for registration of transfer, exchange or payment, and any certificate issued is registered in the name of Cede & Co. or such other name as requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other entity as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an interest herein. Bonds maturing after June 1, 2015 may be called for redemption by the Issuer and paid before maturity on said date or any date thereafter, from any funds regardless of source, in whole or from time to time in part, in any order of maturity and within an annual maturity by lot. The terms of redemption shall be par, plus accrued interest to date of call. Thirty days' notice of redemption shall be given by certified mail to the registered owner of the Bond. Failure to give such notice by mail to any registered owner of the Bonds or any defect therein shall not affect the validity of any proceedings for the redemption of the Bonds. All bonds or portions thereof called for redemption will cease to bear interest after the specified redemption date, provided funds for their redemption are on deposit at the place of payment. If selection by lot within a maturity is required, the Registrar shall designate the bonds to be redeemed by random selection of the names of the registered owners of the entire annual maturity until the total amount of bonds to be called has been reached. Ownership of this Bond may be transferred only by transfer upon the books kept for such purpose by Wells Fargo Bank, National Association, the Registrar. Such transfer on the books shall occur only upon presentation and surrender of this Bond at the office of the Registrar as designated below, together with an assignment duly executed by the owner hereof or his duly authorized attorney in the form as shall be satisfactory to the Registrar. Issuer reserves the right to substitute the Registrar and Paying Agent but shall, however, promptly give notice to registered bondholders of such change. All bonds shall be negotiable as provided in Article 8 of the Uniform Commercial Code and Section 384.31 of the Code of Iowa, subject to the provisions for registration and transfer contained in the Bond Resolution. This Bond is a "qualified tax-exempt obligation" designated by the City for purposes of Section 265(b)(3)(B) of the Internal Revenue Code of 1986. And it is hereby represented and certified that all acts, conditions and things requisite, according to the laws and Constitution of the State of Iowa, to exist, to be had, to be done, or 120 Regular Session, April 4, 2005 to be performed precedent to the lawful issue of this Bond, have been existent, had, done and performed as required by law; that provision has been made for the levy of a sufficient continuing annual tax on all the taxable property within the territory of the Issuer for the payment of the principal and interest of this Bond as the same will respectively become due; that the faith, credit, revenues and resources and all the real and personal property of the Issuer are irrevocably pledged for the prompt payment hereof, both principal and interest; and the total indebtedness of the Issuer including this Bond, does not exceed the constitutional or statutory limitations. IN TESTIMONY WHEREOF, the Issuer by its Council, has caused this Bond to be signed by the manual signature of its Mayor. and attested by the manual signature of its City Clerk, with the seal of said City impressed hereon, and to be authenticated by the manual signature of an authorized representative of the Registrar, Wells Fargo Bank, National Association, Des Moines, Iowa. Item 11, figure 1 = Date of authentication: Item 12, figure 1 =This is one of the Bonds described in the within mentioned Resolution, as registered by Wells Fargo Bank, National Association. WELLS FARGO BANK, NATIONAL ASSOCIATION, Registrar By: Authorized Signature Item 13, figure 1 = Registrar and Transfer Agent: Wells Fargo Bank, Nfltional Association Paying Agent: Wells Fargo Bank, National Association SEE REVERSE FOR CERTAIN DEFINITIONS Item 14, figure 1 = (Seal) Item 15, figure 1 = [Signature Block] CITY OF DUBUQUE, IOWA By: (manual signature) Mayor ATTEST: By: (manual signature) City Clerk Item 16, figure 2 = [Assignment Block] [Information Required for Registration] ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto (Social Security or Tax Identification No. ) the within Bond and does hereby irrevocably constitute and appoint attorney in fact to transfer the said Bond on the books kept for registration of the within Bond, with full power of substitution in the premises. Dated (Person(s) executing this Assignment sign(s) here) SIGNATURE) GUARANTEED) IMPORTANT - READ CAREFULLY The signature(s) to this Power must correspond with the name(s) as written upon the face of the certificate(s) or bond(s) in every particular without alteration or enlargement or any change whatever. Signature guarantee must be provided in accordance with the prevailing standards and procedures of the Registrar and Transfer Agent. Such standards and procedures may require signature to be guaranteed by certain eligible guarantor institutions that participate in a recognized signature guarantee program. INFORMATION REQUIRED FOR REGISTRATION OF TRANSFER Name of Transferee(s) Address of Transferee(s) Social Security or Tax Identification Number of Transferee(s) Transferee is a(n): Individual* Corporation Partnership Trust *If the Bond is to be registered in the names of multiple individual owners, the names of all such owners and one address and social security number must be provided. The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with right of survivorship and not as tenants in common IA UNIF TRANS MIN ACT ............ Custodian....... ..... (Cust) (Minor) under Iowa Uniform Transfers to Minors Act................... (State) ADDITIONAL ABBREVIATIONS MAY ALSO BE USED THOUGH NOT IN THE ABOVE LIST Section 14. Contract Between Issuer and Purchaser. This Resolution constitutes a contract between said City and the purchaser of the Bonds. Section 15. Non-Arbitrage Covenants. The Issuer reasonably expects and covenants that no use will be made of the proceeds from the issuance and sale of the Bonds issued hereunder which will cause any of the Bonds to be classified as arbitrage bonds within the meaning of Sections 148(a) and (b) of the Internal Revenue Code of the United States, as amended, and that throughout the term of the Regular Session, April 4, 2005 121 Bonds it will comply with the requirements of statutes and regulations issued thereunder. To the best knowledge and belief of the Issuer, there are no facts or circumstances that would materially change the foregoing statements or the conclusion that it is not expected that the proceeds of the Bonds will be used in a manner that would cause the Bonds 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 Bonds to certify as to the reasonable expectations and covenants of the Issuer at that date. Section 16. Additional CovenanJs, Representations and Warranties of the Issuer. The Issuer certifies and covenants with the purchasers and holders of the Bonds 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 )ssuer and the owners of the 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 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 Issuer in such compliance. Section 17. Amendment of Resolution to Maintain Tax Exemption. This Resolution may be amended without the consent of any owner of the Bonds if, in the opinion of bond counsel, such amendment is necessary to maintain tax exemption with respect to the Bonds under applicable Federal law or regulations. Section 18. Qualified Tax-Exempt Obligations. For the sole purpose of qualifying the Bonds as "Qualified Tax-Exempt Obligations" pursuant to the Internal Revenue Code of the United States, the Issuer designates the Bonds as qualified tax- exempt obligations and represents that the reasonably anticipated amount of tax-exempt governmental and Code Section 501 (c)3 obligations which will be issued during the current calendar year will not exceed Ten (10) Million Dollars. Section 19. Continuing Disclosure. The Issuer hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate, and the provisions of the Continuing Disclosure Certificate are hereby incorporated by reference as part of this Resolution and made a part hereof. Notwithstanding any other provision of this Resolution, failure of the Issuer to comply with the Continuing Disclosure Certificate shall not be considered an event of default under this Resolution; however, any holder of the Bonds or Beneficial Owner may take such actions as may be necessary and appropriate, including seeking specific performance by court order, to cause the Issuer to comply with its obligations under the Continuing Disclosure Certificate. For purposes of this section, "Beneficial Owner" means any' person which (a) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, any Bond (including persons holding Bonds through nominees, depositories or other intermediaries), or (b) is treated as the owner of any Bonds for federal income tax purposes. Section 20. Severability Clause. If any section, paragraph, clause or provision of this Resolution be held invalid, such invalidity shall not affect any of the remaining provisions hereof, and this Resolution shall become effective immediately upon its passage and approval. Section 21. Repeal of Conflicting Resolutions or Ordinances. That all ordinances and resolutions and parts of ordinances and resolutions in conflict herewith are hereby repealed. Passed, approved and adopted this 4th day of April, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. General Obligation Urban Renewal Bonds - Series 2005B: City Manager recommending approval of the final action necessary for the issuance of the General Obligation Urban Renewal Bonds - Series 2005B for projects in the Dubuque Industrial Center West, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 129-05 RESOLUTION APPOINTING WELLS FARGO BANK, NATIONAL ASSOCIATION OF DES MOINES, IOWA, TO SERVE AS PAYING AGENT, BOND REGISTRAR, AND TRANSFER AGENT, APPROVING THE 122 Regular Session, April 4, 2005 PAYING AGENT AND BOND REGISTRAR AND TRANSFER AGENT AGREEMENT AND AUTHORIZING THE EXECUTION OF THE AGREEMENT WHEREAS, pursuant to the provisions of Chapter 75 of the Code of Iowa, $4,270,000 General Obligation Urban Renewal Bonds, Series 2005B, dated the date of delivery, have been sold at public sale and action should now be taken to provide for the maintenance of records, registration of certificates and payment of principal and interest in connection with the issuance of the bonds; and WHEREAS, this Council has deemed that the services offered by Wells Fargo Bank, National Association of Des Moines, Iowa, are necessary for compliance with rules, regulations, and requirements governing the registration, transfer and payment of registered bonds; and WHEREAS, a Paying Agent, Bond Registrar and Transfer Agent Agreement (hereafter "Agreement") has been prepared to be entered into between the City and Wells Fargo Bank, National Association. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA: Section 1. That Wells Fargo Bank, National Association of Des Moines, Iowa, is hereby appointed to serve as Paying Agent, Bond Registrar and Transfer Agent in connection with the issuance of $4,270,000 General Obligation Urban Renewal Bonds, Series 2005B, dated the date of delivery. Section 2. That the Agreement with Wells Fargo Bank, National Association of Des Moines, Iowa, is hereby approved and that the Mayor and Clerk are authorized to sign the Agreement on behalf of the City. Passed, approved and adopted this 4th day of April, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 130-05 RESOLUTION AUTHORIZING AND PROVI- DING FOR THE ISSUANCE OF $4,270,000 GENERAL OBLIGATION URBAN RENEWAL BONDS, SERIES 2005B, AND LEVYING A TAX TO PAY SAID BONDS WHEREAS, the Issuer is duly incorporated, organized and exists under and by virtue of the laws and Constitution of the State of Iowa; and WHEREAS, the Issuer is in need of 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 Dubuque Industrial Center Economic Development District, including those costs associated with grading and construction of the former 152 acre Bergfeld farm property of said urban renewal area, the construction of street improvements to connect the east and west sections of Chavenelle Road and related water and sewer improvements to serve the developed areas and property to the north, the construction of public trails throughout the district, and retaining wall around the pond in the Bergfeld Recreation Area and the construction of other public amenities in the Bergfeld Recreation Area, including restrooms, fishing pier, play equipment and lighting improvements, essential corporate purposes, and it is deemed necessary and advisable that General Obligation Urban Renewal Bonds in the amount of $4,270,000 be issued for said purpose; and WHEREAS, pursuant to notice published as required by Section 403.12, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of not to exceed $7,265,000 in principal amount of general obligation bonds for the above described purposes; and no petition was filed in the manner provided by Section 362.4 of the City Code of Iowa, pursuant to the provisions of Sections 403.12 and 384.24(3)(q), and all objections, if any, to such Council action made by any resident or property owner of said City were received and considered by the Council; WHEREAS, it is appropriate that certain of the general obligation bonds to be issued for such urban renewal purposes be authorized for issuance and sold as a separate series of bonds under Section 403.12 of the Code of Iowa, to be designated as Series 2005B as hereinafter set forth, and that incremental tax revenues from the applicable Urban Renewal Areas be applied to abate the levy of taxes pledged to the repayment of such bonds; and WHEREAS, pursuant to the provisions of Chapter 75 of the Code of Iowa, the above mentioned bonds were heretofore sold at public sale and action should now be taken to issue said bonds conforming to the terms and conditions of the best bid received at the advertised public sale: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, 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: o "Authorized Denominations" shall mean $5,000 or any integral multiple thereof. o "Beneficial Owner" shall mean the person in whose name such Bond is recorded as the beneficial owner of a Bond by a Participant on the records of such Participant or such person's subrogee. Regular Session, April 4, 2005 123 o "Bond Fund" shall mean the fund created in Section 3 of this Resolution. o "Bonds" shall mean $4,270,000 General Obligation Urban Renewal Bonds, Series 2005B, authorized to be issued by this Resolution. o "Cede & Co." shall mean Cede & Co., the nominee of DTC, and any successor nominee of DTC with respect to the Bonds. o "Continuing Disclosure Certificate" shall mean that certain Continuing Disclosure Certificate executed by the Issuer and dated the date of issuance and delivery of the Bonds, as originally executed and as it may be amended from time to time in accordance with the terms thereof. o "Depository Bonds" shall mean the Bonds as issued in the form of one global certificate for each maturity, registered in the Registration Books maintained by the Registrar in the name of DTC or its nominee. o "DTC" shall mean The Depository Trust Company, New York, New York, a limited purpose trust company, or any successor book- entry securities depository appointed for the Bonds. o "Issuer" and "City" shall mean the City of Dubuque, Iowa. o "Participants" shall mean those broker- dealers, banks and other financial institutions for which DTC holds Bonds as securities depository. o "Paying Agent" shall mean Wells Fargo Bank, National Association, 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 Bonds as the same shall become due. o "Project Fund" shall mean the fund required to be established by this Resolution for the deposit of the proceeds of the Bonds. o "Rebate Fund" shall mean the fund so defined in and established pursuant to the Tax Exemption Certificate. D "Registrar" shall mean Wells Fargo Bank, National Association of Des Moines, Iowa, or such successor as may be approved by Issuer as provided herein and who shall carry out the duties prescribed herein with respect to maintaining a register of the owners of the Bonds. Unless otherwise specified, the Registrar shall also act as Transfer Agent for the Bonds. o "Representation Letter" shall mean the Blanket Issuer Letter of Representations executed and delivered by the Issuer to DTC. o "Resolution" shall mean this resolution authorizing the Bonds. o "Tax Exemption Certificate" shall mean the Tax Exemption Certificate executed by the Treasurer and delivered at the time of issuance and delivery of the Bonds. o "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 Bonds issued hereunder. Section 2. Levy and Certification of Annual Tax; Other Funds to be Used. (a) Levy of Annual Tax. That for the purpose of providing funds to pay the principal and interest of the Bonds hereinafter authorized to be issued, there is hereby levied for each future year the following direct annual tax on all of the taxable property in Dubuque, Iowa, to-wit: FISCAL YEAR (JULY 1 TO JUNE 30) AMOUNT YEAR OF COLLECTION: $277,305 2005/2006 274,890 2006/2007 276,645 2007/2008 278,138 2008/2009 274,298 200912010 275,338 2010/2011 271,088 2011/2012 271,713 2012/2013 276,968 201312014 276,718 2014/2015 276,135 201512016 650,210 201612017 654,010 201712018 656,255 201812019 657,185 201912020 656,775 2020/2021 (NOTE: For example the levy to be made and certified against the taxable valuations of January 1, 2004, will be collected during the fiscal year commencing July 1, 2005). (b) Resolution to be Filed With County Auditor. A certified copy of this Resolution should be filed with the County Auditor of Dubuque County, Iowa, and said Auditor is hereby instructed in and for each of the years as provided, to levy and assess the tax hereby authorized in Section 2 of this Resolution, in like manner as other taxes are levied and assessed, and such taxes so levied in and for each of the years aforesaid be collected in like manner as other taxes of the City are collected, and when collected be used for the purpose of paying principal and interest on said Bonds issued in anticipation of said tax, and for no other purpose whatsoever. (c) Additional City Funds Available. Incremental tax revenues resulting from the division of taxes authorized under Section 403.19 of the Code of Iowa in respect of the Dubuque Industrial Center Economic Development District shall be certified annually as provided by law and applied to abate the foregoing tax levies. Principal and interest coming due at any time when the proceeds of said tax on hand shall be insufficient to pay the same shall be promptly paid when due from current funds of the City available for that purpose and reimbursement shall be made from 124 Regular Session, April 4, 2005 such special fund in the amounts thus advanced. Section 3. Bond Fund. Said tax shall be collected each year at the same time and in the same manner as, and in addition to, all other taxes in and for the City, and when collected they shall be converted into a special fund within the Debt Service Fund to be known as the "GENERAL OBLIGATION URBAN RENEWAL BOND FUND 2005B NO. ONE" (the "Bond Fund"), which is hereby pledged for and shall be used only for the payment of the principal of and interest on the Bonds hereinafter authorized to be issued; and also there shall be apportioned to said fund its proportion of taxes received by the City from property that is centrally assessed by the State of Iowa. Section 4. Application of Bond Proceeds. Proceeds of the Bonds other than accrued interest except as may be provided below shall be credited to the Project Fund and expended therefrom for the purposes of issuance. Any amounts on hand in the Project Fund shall be available for the payment of the principal of or interest on the Bonds at any time that other funds shall be insufficient to the purpose, in which event such funds shall be repaid to the Project Fund at the earliest opportunity. Any balance on hand in the Project Fund and not immediately required for its purposes may be invested not inconsistent with limitations provided by law or this Resolution. Accrued interest, if any, shall be deposited in the Bond Fund. Section 5. Investments of Bond Fund Proceeds. All moneys held in the Bond Fund, provided for by Section 3 of this Resolution shall be invested in investments permitted by Chapter 12B, Code of Iowa, 2005 (formerly Chapter 452, Code of Iowa, as amended) or deposited in financial institutions which are members of the Federal Deposit Insurance Corporation and the deposits in which are insured thereby and all such deposits exceeding the maximum amount insured from time to time by FDIC or its equivalent successor in anyone financial institution shall be continuously secured in compliance with the State Sinking Fund provided under Chapter 12C of the Code of Iowa, 2005, as amended or otherwise by a valid pledge of direct obligations of the United States Government having an equivalent market value. All such interim investments shall mature before the date on which the moneys are required for payment of principal of or interest on the Bonds as herein provided. Section 6. Bond Details, Execution and Redemption. (a) Bond Details. General Obligation Urban Renewal Bonds of the City in the amount of $4,270,000, shall be issued pursuant to the provisions of Sections 403.12 and 384.24(3)(q) of the Code of Iowa for the aforesaid purpose. The Bonds shall be designated "GENERAL OBLIGATION URBAN RENEWAL BOND, SERIES 2005B", be dated the date of delivery, and bear interest from the date thereof, until payment thereof, at the office of the Paying Agent, said interest payable on December 1, 2005, and semiannually thereafter on the 1st day of June and December in each year until maturity at the rates hereinafter provided. The Bonds 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 printed with the seal of the City and shall be fully registered as to both principal and interest as provided in this Resolution; principal, interest and premium, if any, shall be payable at the office of the Paying Agent by mailing of a check to. the registered owner of the Bond. The Bonds shall be in the denomination of $5,000 or multiples thereof. The Bonds shall mature and bear interest as follows: Interest Principal Maturity Rate Amount June 1 st 2.70% $ 90,000 2006 2.95 110,000 2007 3.05 115,000 2008 3.20 120,000 2009 3.30 120,000 2010 3.40 125,000 2011 3.50 125,000 2012 3.65 130,000 2013 3.75 140,000 2014 3.85 145,000 2015 3.95 150,000 2016 4.00 530,000 2017 4.10 555,000 2018 4.15 580,000 2019 4.20 605,000 2020 4.25 630,000 2021 (b) Redemption. Bonds maturing after June 1, 2015 may be called for redemption by the Issuer and paid before maturity on said date or any date thereafter, from any funds regardless of source, in whole or from time to time in part, in any order of maturity and within an annual maturity by lot. The terms of redemption shall be par, plus accrued interest to date of call. Thirty days' notice of redemption shall be given by certified mail to the registered owner of the Bond. Failure to give such notice by mail to any registered owner of the Bonds or any defect therein shall not affect the validity of any proceedings for the redemption of the Bonds. All bonds or portions thereof called for redemption will cease to bear interest after the specified redemption date, provided funds for their redemption are on deposit at the place of payment. If selection by lot within a maturity is required, the Registrar shall designate the bonds to be Regular Session, April 4, 2005 125 redeemed by random selection of the names of the registered owners of the entire annual maturity until the total amount of bonds to be called has been reached. Section 7. Issuance of Bonds in Book-Entry Form; Replacement Bonds. (a) Notwithstanding the other provisions of this Resolution regarding registration, ownership, transfer, payment and exchange of the Bonds, unless the Issuer determines to permit the exchange of Depository Bonds for Bonds in the Authorized Denominations, the Bonds shall be issued as Depository Bonds in denominations of the entire principal amount of each maturity of Bonds (or, if a portion of said principal amount is prepaid, said principal amount less the prepaid amount); and such Depository Bonds shall be registered in the name of Cede & Co., as nominee of DTC. Payment of semi-annual interest for any Depository Bond shall be made by wire transfer or New York Clearing House or equivalent next day funds' to the account of Cede & Co. on the interest payment date for the Bonds at the address indicated in or pursuant to the Representation Letter. (b) With respect to Depository Bonds, neither the Issuer nor the Paying Agent shall have any responsibility or obligation to any Participant or to any Beneficial Owner. Without limiting the immediately preceding sentence, neither the Issuer nor the Paying Agent shall have any responsibility or obligation with respect to (i) the accuracy of the records of DTC or its nominee or of any Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any Participant, any Beneficial Owner or any other person, other than DTC or its nominee, of any notice with respect to the Bonds, (iii) the payment to any Participant, any Beneficial Owner or any other person, other than DTC or its nominee, of any amount with respect to the principal of, premium, if any, or interest on the Bonds, or (iv) the failure of DTC to provide any information or notification on behalf of any Participant or Beneficial Owner. The Issuer and the Paying Agent may treat DTC or its nominee as, and deem DTC or its nominee to be, the absolute owner of each Bond for the purpose of payment of the principal of, premium, if any, and interest on such Bond, for the purpose of all other matters with respect to such Bond, for the purpose of registering transfers with respect to such Bonds, and for all other purposes whatsoever (except for the giving of certain Bondholder consents, in accordance with the practices and procedures of DTC as may be applicable thereto). The Paying Agent shall pay all principal of, premium, if any, and interest on the Bonds only to or upon the order of the Bondholders as shown on the Registration Books, and all such payments shall be valid and effective to fully satisfy and discharge the Issuer's obligations with respect to the principal of, premium, if any, and interest on the Bonds to the extent so paid. Notwithstanding the provisions of this Resolution to the contrary (including without limitation those provisions relating to the surrender of Bonds, registration thereof, and issuance in Authorized Denominations), as long as the Bonds are Depository Bonds, full effect shall be given to the Representation Letter and the procedures and practices of DTC thereunder, and the Paying Agent shall comply therewith. (c) Upon (i) a determination by the Issuer that DTC is no longer able to carry out its functions or is otherwise determined unsatisfactory, or (ii) a determination by DTC that the Bonds are no longer eligible for its depository services or (iii) a determination by the Paying Agent that DTC has resigned or discontinued its services for the Bonds, if such substitution is authorized by law, the Issuer 'shall (A) designate a satisfactory substitute depository as set forth below or, if a satisfactory substitute is not found, (B) provide for the exchange of Depository Bonds for replacement Bonds in Authorized Denominations. (d) To the extent authorized by law, if the Issuer determines to provide for the exchange of Depository Bonds for Bonds in Authorized Denominations, the Issuer shall so notify the Paying Agent and shall provide the Registrar with a supply of executed unauthenticated Bonds to be so exchanged. The Registrar shall thereupon notify the owners of the Bonds and provide for such exchange, and to the extent that the Beneficial Owners are designated as the transferee by the owners, the Bonds will be delivered in appropriate form, content and Authorized Denominations to the Beneficial Owners, as their interests appear. (e) Any substitute depository shall be designated in writing by the Issuer to the Paying Agent. Any such substitute depository shall be a qualified and registered "clearing agency" as provided in Section 17A of the Securities Exchange Act of 1934, as amended. The substitute depository shall provide for (i) immobilization of the Depository Bonds, (ii) registration and transfer of interests in Depository Bonds by book entries made on records of the depository or its nominee and (iii) payment of principal of, premium, if any, and interest on the Bonds in accordance with and as such interests may appear with respect to such book entries. Section 8. Registration of Bonds; Appointment of Registrar; Transfer; Ownership; Delivery; and Cancellation. (a) Registration. The ownership of Bonds may be transferred only by the making of an entry upon the books kept for the registration and transfer of ownership of the Bonds, and in 126 Regular Session, April 4, 2005 no other way. Wells Fargo Bank, National Association is hereby appointed as Bond Registrar under the terms of this Resolution (and under the provisions of a separate agreement with the Issuer filed herewith which is made a part hereof by this reference.) Registrar shall maintain the books of the Issuer for the registration of ownership of the Bonds for the payment of principal of and interest on the Bonds as provided in this Resolution. All Bonds shall be negotiable as provided in Article 8 of the Uniform Commercial Code and Section 384.31 of the Code of Iowa, subject to the provisions for registration and transfer contained in the Bonds and in this Resolution. (b) Transfer. The ownership of any Bond may be transferred only upon the Registration Books kept for the registration and transfer of Bonds 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 Bond (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 Bond, a new fully registered Bond, of any denomination or denominations permitted by this Resolution in aggregate principal amount equal to the unmatured and unredeemed principal amount of such transferred fully registered Bond, 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 Bonds. In all cases of the transfer of the Bonds, the Registrar shall register, at the earliest practicable time, on the Registration Books, the Bonds, in accordance with the provisions of this Resolution. (d) Ownership. As to any Bond, 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 Bonds 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 Bond, including the interest thereon, to the extent of the sum or sums so paid. (e) Cancellation. All Bonds which have been redeemed shall not be reissued but shall be cancelled by the Registrar. All Bonds 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 Bonds to the Issuer. (f) Non-Presentment of Bonds. In the event any payment check representing payment of principal of or interest on the Bonds is returned to the Paying Agent or if any bond is not presented for payment of principal at the maturity or redemption date, if funds sufficient to pay such principal of or interest on Bonds 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 Bonds 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 Bonds 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 Bonds. The Paying Agent's obligation to hold such funds shall continue for a period equal to two years and six months following the date on which such interest or principal became due, whether at maturity, or at the date fixed for redemption thereof, or otherwise, at which time the Paying Agent, shall surrender any remaining funds so held to the Issuer, whereupon any claim under this Resolution by the Owners of such interest or Bonds of whatever nature shall be made upon the Issuer. (g) Registration and Transfer Fees. The Registrar may furnish to each owner, at the Issuer's expense, one bond for each annual maturity. The Registrar shall furnish additional bonds in lesser denominations (but not less than the minimum denomination) to an owner who so requests. Section 9. Reissuance of Mutilated, Destroyed, Stolen or Lost Bonds. In case any outstanding Bond shall become mutilated or be destroyed, stolen or lost, the Issuer shall at the request of Registrar authenticate and deliver a new Bond of like tenor and amount as the Bond so mutilated, destroyed, stolen or lost, in exchange and substitution for such mutilated Bond to Registrar, upon surrender of such mutilated Bond, or in lieu of and substitution for the Bond destroyed, stolen or lost, upon filing with the Registrar evidence satisfactory to the Registrar and Issuer that such Bond has been destroyed, stolen or lost and proof of ownership thereof, and upon furnishing the Registrar and Regular Session, April 4, 2005 127 with satisfactory indemnity and complying with such other reasonable regulations as the Issuer or its agent may prescribe and paying such expenses as the Issuer may incur in connection therewith. Section 10. Record Date. Payments of payment and interest, otherwise than upon full redemption, made in respect of any Bond, 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 preceding the payment date. All such payments shall fully discharge the obligations of the Issuer in respect of such Bonds to the extent of the payments so made. Payment of principal shall only be made upon surrender of the Bond to the Paying Agent. Section 11. Execution. Authentication and Deliverv of the Bonds. Upon the adoption of this Resolution, the Mayor and Clerk shall execute and deliver the Bonds to the Registrar, who shall authenticate the Bonds and deliver the same to or upon order of the Purchaser. No 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 Bond a Certificate of Authentication substantially in the form of the Certificate herein set forth. Such Certificate upon any Bond executed on behalf of the Issuer shall be conclusive evidence that the Bond so authenticated has been duly issued under this Resolution and that the holder thereof is entitled to the benefits of this Resolution. No Bonds shall be authenticated and delivered by the Registrar unless and until there shall have been provided the following: 1. A certified copy of the Resolution of Issuer authorizing the issuance of the Bonds; 2. A written order of Issuer signed by the Treasurer of the Issuer directing the authentication and delivery of the Bonds to or upon the order of the Purchaser upon payment of the purchase price as set forth therein; 3. The approving opinion of Ahlers & Cooney, P.C., Bond Counsel, concerning the validity and legality of all the Bonds proposed to be issued. Section 12. Riqht to Name Substitute Pavinq Aqent or Reqistrar. Issuer reserves the right to name a substitute, successor Registrar or Paying Agent upon giving prompt written notice to each registered bondholder. Section 13. Form of Bond. Bonds shall be printed in substantial compliance with standards proposed by the American Standards Institute substantially in the form as follows: I (0) I I (0) I I (7) I I (8) I I (I) I I m 1 I (J) I I (4) I I P) I I (9) I I (98) I (10) (Continued on the back of this Bond) I (lJ)(IL)(B) I I (14) I I (D) I FIGURE I {Front) 128 Regular Session, April 4, 2005 . (10) (16) (Continued) FIGURE 2 (Back) Regular Session, April 4, 2005 129 The text of the Bonds to be located thereon at the item numbers shown shall be as follows: Item 1, figure 1 = "STATE OF IOWA" "COUNTY OF DUBUQUE" "CITY OF DUBUQUE" "GENERAL OBLIGATION URBAN RENEWAL BOND" "SERIES 2005B" Item 2, figure 1 = Rate: Item 3, figure 1 = Maturity: Item 4, figure 1 = Bond Date: the date of delivery Item 5, figure 1 = Cusip No.: Item 6, figure 1 = "Registered" Item 7, figure 1 = Certificate No. Item 8, figure 1 = Principal Amount: $ Item 9, figure 1 = The City of Dubuque, Iowa, a municipal corporation organized and existing under and by virtue of the Constitution and laws of the State of Iowa (the "Issuer"), for value received, promises to pay from the source and as hereinafter provided, on the maturity date indicated above, to Item 9A, figure 1 = (Registration panel to be completed by Registrar or Printer with name of Registered Owner). Item 10, figure 1 = or registered assigns, the principal sum of (principal amount written out) THOUSAND DOLLARS in lawful money of the United States of America, on the maturity date shown above, only upon presentation and surrender hereof at the office of Wells Fargo Bank, National Association, Paying Agent of this issue, or its successor, with interest on said sum from the date hereof until paid at the rate per annum specified above, payable on December 1, 2005, and semiannually thereafter on the 1 st day of June and December in each year. Interest and principal shall be paid to the registered holder of the Bond as shown on the records of ownership maintained by the Registrar as of the 15th day preceding such interest payment date. Interest shall be computed on the basis of a 360-day year of twelve 30-day months. This Bond is issued pursuant to the provisions of Sections 403.12 and 384.24(3)(q) of the Code of Iowa, for the purpose of paying costs of aiding in the planning, undertaking and carrying out of urban renewal project activities under the authority of Chapter 403 of the Code of Iowa and the Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic Development District, including those costs associated with grading and construction of the former 152 acre Bergfeld farm property of said urban renewal area, the construction of street improvements to connect the east and west sections of Chavenelle Road and related water and sewer improvements to serve the developed areas and property to the north, the construction of public trails throughout the district, and retaining wall around the pond in the Bergfeld Recreation Area and the construction of other public amenities in the Bergfeld Recreation Area, including restrooms, fishing pier, play equipment and lighting improvements, in conformity to a Resolution of the Council of said City duly passed and approved. Unless this certificate is presented by an authorized representative of The Depository Trust Company, a limited purpose trust company ("DTC"), to the Issuer or its agent for registration of transfer, exchange or payment, and any certificate issued is registered in the name of Cede & Co. or such other name as requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other entity as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE OR OTHER USE HEREOF FOR VALUE OR' OTHERWISE. BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an interest herein. Bonds maturing after June 1, 2015 may be called for redemption by the Issuer and paid before maturity on said date or any date thereafter, from any funds regardless of source, in whole or from time to time in part, in any order of maturity and within an annual maturity by lot. The terms of redemption shall be par, plus accrued interest to date of call. Thirty days' notice of redemption shall be given by certified mail to the registered owner of the Bond. Failure to give such notice by mail to any registered owner of the Bonds or any defect therein shall not affect the validity of any proceedings for the redemption of the Bonds. All bonds or portions thereof called for redemption will cease to bear interest after the specified redemption date, provided funds for their redemption are on deposit at the place of payment. If selection by lot within a maturity is required, the Registrar shall designate the bonds to be redeemed by random selection of the names of the registered owners of the entire annual maturity until the total amount of bonds to be called has been reached. Ownership of this Bond may be transferred only by transfer upon the books kept for such purpose by Wells Fargo Bank, National Association, the Registrar. Such transfer on the books shall occur only upon presentation and surrender of this Bond at the office of the Registrar as designated below, together with an assignment duly executed by the owner hereof or his duly authorized attorney in the form as shall be satisfactory to the Registrar. Issuer reserves the right to substitute the Registrar and Paying Agent but shall, however, promptly give notice to registered bondholders of such 130 Regular Session, April 4, 2005 change. All bonds shall be negotiable as provided in Article 8 of the Uniform Commercial Code and Section 384.31 of the Code of Iowa, subject to the provisions for registration and transfer contained in the Bond Resolution. This Bond is a "qualified tax-exempt obligation" designated by the City for purposes of Section 265(b)(3)(B) of the Internal Revenue Code of 1986. And it is hereby represented and certified that all acts, conditions and things requisite, according to the laws and Constitution of the State of Iowa, to exist, to be had, to be done, or to be performed precedent to the lawful issue of this Bond, have been existent, had, done and performed as required by' law; that provision has been made for the levy of a sufficient continuing annual tax on all the taxable property within the territory of the Issuer for the payment of the principal and interest of this Bond as the same will respectively become due; that the faith, credit, revenues and resources and all the real and personal property of the Issuer are irrevocably pledged for the prompt payment hereof, both principal and interest; and the total indebtedness of the Issuer including this Bond, does not exceed the constitutional or statutory limitations. IN TESTIMONY WHEREOF, the Issuer by its Council, has caused this Bond to be signed by the manual signature of its Mayor and attested by the manual signature of its City Clerk, with the seal of said City impressed hereon, and to be authenticated by the manual signature of an authorized representative of the Registrar, Wells Fargo Bank, National Association, Des Moines, Iowa. Item 11, figure 1 = Date of authentication: Item 12, figure 1 = This is one of the Bonds described in the within mentioned Resolution, as registered by Wells Fargo Bank, National Association. WELLS FARGO BANK, NATIONAL ASSOCIATION, Registrar By: Authorized Signature Item 13, figure 1 = Registrar and Transfer Agent: Wells Fargo Bank, National Association Paying Agent: Wells Fargo Bank, National Association SEE REVERSE FOR CERTAIN DEFINITIONS Item 14, figure 1 = (Seal) Item 15, figure 1 = [Signature Block] CITY OF DUBUQUE, IOWA By: (manual sionature) Mayor ATTEST: By: (manual sianature) City Clerk Item 16, figure 2 = [Assignment Block] [Information Required for Registration] ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto (Social Security or Tax Identification No. ) the within Bond and does hereby irrevocably constitute and appoint attorney in fact to transfer the said Bond on the books kept for registration of the within Bond, with full power of substitution in the premises. Dated (Person(s) executing this Assignment sign(s) here) SIGNATURE) GUARANTEED) IMPORTANT - READ CAREFULLY The signature(s) to this Power must correspond with the name(s) as written upon the . face of the certificate(s) or bond(s) in every particular without alteration or enlargement or any change whatever. Signature guarantee must be provided in accordance with the prevailing standards and procedures of the Registrar and Transfer Agent. Such standards and procedures may require signature to be guaranteed by certain eligible guarantor institutions that participate in a recognized signature guarantee program. INFORMATION REQUIRED FOR REGISTRATION OF TRANSFER Name of Transferee(s) Address of Transferee(s) Social Security or Tax Identification Number of Transferee(s) Transferee is a(n): Individual* Corporation Partnership Trust *If the Bond is to be registered in the names of multiple individual owners, the names of all such owners and one address and social security number must be provided. The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with right of survivorship and not as tenants in common IA UNIF TRANS MIN ACT . ........... Custodian.... ........ (Cust) (Minor) under Iowa Uniform Transfers to Minors Act................... (State) ADDITIONAL ABBREVIATIONS MAY ALSO BE USED THOUGH NOT IN THE ABOVE LIST Section 14. Contract Between Issuer and Purchaser. This Resolution constitutes a Regular Session, April 4, 2005 131 contract between said City and the purchaser of the Bonds. Section 15. Non-Arbitraae Covenants. The Issuer reasonably expects and covenants that no use will be made of the proceeds from the issuance and sale of the Bonds issued hereunder which will cause any of the Bonds to be classified as arbitrage bonds within the meaning of Sections 148(a) and (b) of the Internal Revenue Code of the United States, as amended, and that throughout the term of the Bonds it will comply with the requirements of statutes and regulations issued thereunder. To the best knowledge and belief of the Issuer, there are no facts or circumstances that would materially change the foregoing statements or the conclusion that it is not expected that the proceeds of the Bonds will be used in a manner that would cause the Bonds 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 Bonds to certify as to the reasonable expectations and covenants of the Issuer at that date. Section 16. Additional Covenants. Representations and Warranties of the Issuer. The Issuer certifies and covenants with the purchasers and holders of the Bonds 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 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 Bonds; (e) file such forms, statements and supporting documents as may be required and in a timely manner; and (1) 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 17. Amendment of Resolution to Maintain Tax Exemption. This Resolution may be amended without the consent of any owner of the Bonds if, in the opinion of bond counsel, such amendment is necessary to maintain tax exemption with respect to the Bonds under applicable Federal law or regulations. Section 18. Qualified Tax-Exempt Obliaations. For the sole purpose of qualifying the Bonds as "Qualified Tax-Exempt Obligations" pursuant to the Internal Revenue Code of the United States, the Issuer designates the Bonds as qualified tax- exempt obligations and represents that the reasonably anticipated amount of tax-exempt governmental and Code Section 501 (c)3 obligations which will be issued during the current calendar year will not exceed Ten (10) Million Dollars. Section 19. Continuinq Disclosure. The Issuer hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate, and the provisions of the Continuing Disclosure Certificate are hereby incorporated by reference as part of this Resolution and made a part hereof. Notwithstanding any other provision of this Resolution, failure of the Issuer to comply with the Continuing Disclosure Certificate shall not be considered an event of default under this Resolution; however, any holder of the Bonds or Beneficial Owner may take such actions as may be necessary and appropriate, including seeking specific performance by court order, to cause the Issuer to comply with its obligations under the Continuing Disclosure Certificate. For purposes of this section, "Beneficial Owner" means any person which (a) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, any Bond (including persons holding Bonds through nominees, depositories or other intermediaries), or (b) is treated as the owner of any Bonds for federal income tax purposes. Section 20. Severabilitv Clause. If any section, paragraph, clause or provision of this Resolution be held invalid, such invalidity shall not affect any of the remaining provisions hereof, and this Resolution shall become effective immediately upon its passage and approval. Section 21. Repeal of Conflictina Resolutions or Ordinances. That all ordinances and resolutions and parts of ordinances and resolutions in conflict herewith are hereby repealed. Passed, approved and adopted this 4th day of April,2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. General Obligation Urban Renewal Taxable Bond Issue - Series 2005C: City Manager recommending approval of the final action necessary for the issuance of the General Obligation Urban Renewal Taxable Bonds - Series 2005C for projects in the Dubuque 132 Regular Session, April 4, 2005 Industrial Center West, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 131-05 RESOLUTION APPOINTING WELLS FARGO BANK, NATIONAL ASSOCIATION OF DES MOINES, IOWA, TO SERVE AS PAYING AGENT, BOND REGISTRAR, AND TRANSFER AGENT, APPROVING THE PAYING AGENT AND BOND REGISTRAR AND TRANSFER AGENT AGREEMENT AND AUTHORIZING THE EXECUTION OF THE AGREEMENT WHEREAS, pursuant to the provisions of Chapter 75 of the Code of Iowa, $4,270,000 General Obligation Urban Renewal Bonds, Series 2005B, dated the date of delivery, have been sold at public sale and action should now be taken to provide for the maintenance of records, registration of certificates and payment of principal and interest in connection with the issuance of the bonds; and WHEREAS, this Council has deemed that the services offered by Wells Fargo Bank, National Association of Des Moines, Iowa, are necessary for compliance with rules, regulations, and requirements governing the registration, transfer and payment of registered bonds; and WHEREAS, a Paying Agent, Bond Registrar and Transfer Agent Agreement (hereafter "Agreement") has been prepared to be entered into between the City and Wells Fargo Bank, National Association. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA: Section 1.That Wells Fargo Bank, National Association of Des Moines, Iowa, is hereby appointed to serve as Paying Agent, Bond Registrar and Transfer Agent in connection with the issuance of $4,270,000 General Obligation Urban Renewal Bonds, Series 2005B, dated the date of delivery. Section 2. That the Agreement with Wells Fargo Bank, National Association of Des Moines, Iowa, is hereby approved and that the Mayor and Clerk are authorized to sign the Agreement on behalf of the City. Passed, approved and adopted this 4th day of April, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 132-05 RESOLUTION AUTHORIZING AND PROVI- DING FOR THE ISSUANCE OF $4,270,000 GENERAL OBLIGATION URBAN RENEWAL BONDS, SERIES 2005B, AND LEVYING A TAX TO PAY SAID BONDS WHEREAS, the Issuer is duly incorporated, organized and exists under and by virtue of the laws and Constitution of the State of Iowa; and WHEREAS, the Issuer is in need of 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 Dubuque Industrial Center Economic Development District, including those costs associated with grading and construction of the former 152 acre Bergfeld farm property of said urban renewal area, the construction of street improvements to connect the east and west sections of Chavenelle Road and related water and sewer improvements to serve the developed areas and property to the north, the construction of public trails throughout the district, and retaining wall around the pond in the Bergfeld Recreation Area and the construction of other public amenities in the Bergfeld Recreation Area, including restrooms, fishing pier, play equipment and lighting improvements, essential corporate purposes, and it is deemed necessary and advisable that General Obligation Urban Renewal Bonds in the amount of $4,270,000 be issued for said purpose; and WHEREAS, pursuant to notice published as required by Section 403.12, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of not to exceed $7,265,000 in principal amount of general obligation bonds for the above described purposes; and no petition was filed in the manner provided by Section 362.4 of the City Code of Iowa, pursuant to the provisions of Sections 403.12 and 384.24(3)(q), and all objections, if any, to such Council action made by any resident or property owner of said City were received and considered by the Council; WHEREAS, it is appropriate that certain of the general obligation bonds to be issued for such urban renewal purposes be authorized for issuance and sold as a separate series of bonds under Section 403.12 of the Code of Iowa, to be designated as Series 2005B as hereinafter set forth, and that incremental tax revenues from the applicable Urban Renewal Areas be applied to abate the levy of taxes pledged to the repayment of such bonds; and WHEREAS, pursuant to the provisions of Chapter 75 of the Code of Iowa, the above mentioned bonds were heretofore sold at public sale and action should now be taken to issue said bonds conforming to the terms and conditions of the best bid received at the advertised public sale: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: Regular Session, April 4, 2005 133 Section 1. Definitions. The following terms shall have the following meanings in this Resolution unless the text expressly or by necessary implication requires otherwise: o "Authorized Denominations" shall mean $5,000 or any integral multiple thereof. D "Beneficial Owner" shall mean the person in whose name such Bond is recorded as the beneficial owner of a Bond by a Participant on the records of such Participant or such person's subrogee. o "Bond Fund" shall mean the fund created in Section 3 of this Resolution. o "Bonds" shall mean $4,270,000 General Obligation Urban Renewal Bonds, Series 2005B, authorized to be issued by this Resolution. o "Cede & Co." shall mean Cede & Co., the nominee of DTC, and any successor nominee of DTC with respect to the Bonds. D "Continuing Disclosure Certificate" shall mean that certain Continuing Disclosure Certificate executed by the Issuer and dated the date of issuance and delivery of the Bonds, as originally executed and as it may be amended from time to time in accordance with the terms thereof. D "Depository Bonds" shall mean the Bonds as issued in the form of one global certificate for each maturity, registered in the Registration Books maintained by the Registrar in the name of DTC or its nominee. D "DTC" shall mean The Depository Trust Company, New York, New York, a limited purpose trust company, or any successor book- entry securities depository appointed for the Bonds. D "Issuer" and "City" shall mean the City of Dubuque, Iowa. D "Participants" shall mean those broker- dealers, banks and other financial institutions for which DTC holds Bonds as securities depository . D "Paying Agent" shall mean Wells Fargo Bank, National Association, 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 Bonds as the same shall become due. D "Project Fund" shall mean the fund required to be established by this Resolution for the deposit of the proceeds of the Bonds. D "Rebate Fund" shall mean the fund so defined in and established pursuant to the Tax Exemption Certificate. D "Registrar" shall mean Wells Fargo Bank, National Association of Des Moines, Iowa, or such successor as may be approved by Issuer as provided herein and who shall carry out the duties prescribed herein with respect to maintaining a register of the owners of the Bonds. Unless otherwise specified, the Registrar shall also act as Transfer Agent for the Bonds. D "Representation Letter" shall mean the Blanket Issuer Letter of Representations executed and delivered by the Issuer to DTC. D "Resolution" shall mean this resolution authorizing the Bonds. D "Tax Exemption Certificate" shall mean the Tax Exemption Certificate executed by the Treasurer and delivered at the time of issuance and delivery of the Bonds. D "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 Bonds issued hereunder. Section 2. Levv and Certification of Annual Tax: Other Funds to be Used. (a) Levv of Annual Tax. That for the purpose of providing funds to pay the principal and interest of the Bonds hereinafter authorized to be issued, there is hereby levied for each future year the following direct annual tax on all of the taxable property in Dubuque, Iowa, to-wit: FISCAL YEAR (JULY 1 TO JUNE 30) AMOUNT YEAR OF COLLECTION: $277 ,305 2005/2006 274,890 200612007 276,645 2007/2008 278,138 200812009 274,298 200912010 275,338 2010/2011 271,088 201112012 271,713 2012/2013 276,968 2013/2014 276,718 2014/2015 276,135 2015/2016 650,210 2016/2017 654,010 2017/2018 656,255 2018/2019 657,185 201912020 656,775 2020/2021 (NOTE: For example the levy to be made and certified against the taxable valuations of January 1, 2004, will be collected during the fiscal year commencing July 1, 2005). (b) Resolution to be Filed With County Auditor. A certified copy of this Resolution should be filed with the County Auditor of Dubuque County, Iowa, and said Auditor is hereby instructed in and for each of the years as provided, to levy and assess the tax hereby authorized in Section 2 of this Resolution, in like manner as other taxes are levied and assessed, and such taxes so levied in and for each of the years aforesaid be collected in like manner as other taxes of the City are collected, and when collected be used for the purpose of paying principal and interest on said Bonds issued in anticipation of said tax, and for no other purpose whatsoever. 134 Regular Session, April 4, 2005 (c) Additional Citv Funds Available. Incremental tax revenues resulting from the division of taxes authorized under Section 403.19 of the Code of Iowa in respect of the Dubuque Industrial Center Economic Development District shall be certified annually as provided by law and applied to abate the foregoing tax levies. Principal and interest coming due at any time when the proceeds of said tax on hand shall be insufficient to pay the same shall be promptly paid when due from current funds of the City available for that purpose and reimbursement shall be made from such special fund in the amounts thus advanced. Section 3. Bond Fund. Said tax shall be collected each year at the same time and in the same manner as, and in addition to, all other taxes in and for the City, and when collected they shall be converted into a special fund within the Debt Service Fund to be known as the "GENERAL OBLIGATION URBAN RENEWAL BOND FUND 2005B NO. ONE" (the "Bond Fund"), which is hereby pledged for and shall be used only for the payment of the principal of and interest on the Bonds hereinafter authorized to be issued; and also there shall be apportioned to said fund its proportion of taxes received by the City from property that is centrally assessed by the State of Iowa. Section 4. Application of Bond Proceeds. Proceeds of the Bonds other than accrued interest except as may be provided below shall be credited to the Project Fund and expended therefrom for the purposes of issuance. Any amounts on hand in the Project Fund shall be available for the payment of the principal of or interest on the Bonds at any time that other funds shall be insufficient to the purpose, in which event such funds shall be repaid to the Project Fund at the earliest opportunity. Any balance on hand in the Project Fund and not immediately required for its purposes may be invested not inconsistent with limitations provided by law or this Resolution. Accrued interest, if any, shall be deposited in the Bond Fund. Section 5. Investments of Bond Fund Proceeds. All moneys held in the Bond Fund, provided for by Section 3 of this Resolution shall be invested in investments permitted by Chapter 12B, Code of Iowa, 2005 (formerly Chapter 452, Code of Iowa, as amended) or deposited in financial institutions which are members of the Federal Deposit Insurance Corporation and the deposits in which are insured thereby and all such deposits exceeding the maximum amount insured from time to time by FDIC or its equivalent successor in anyone financial institution shall be continuously secured in compliance with the State Sinking Fund provided under Chapter 12C of the Code of Iowa, 2005, as amended or otherwise by a valid pledge of direct obligations of the United States Government having an equivalent market value. All such interim investments shall mature before the date on which the moneys are required for payment of principal of or interest on the Bonds as herein provided. Section 6. Bond Details. Execution and Redemption. (a) Bond Details. General Obligation Urban Renewal Bonds of the City in the amount of $4,270,000, shall be issued pursuant to the provisions of Sections 403.12 and 384.24(3)(q) of the Code of Iowa for the aforesaid purpose. The Bonds shall be designated "GENERAL OBLIGATION URBAN RENEWAL BOND, SERIES 2005B", be dated the date of delivery, and bear interest from the date thereof, until payment thereof, at the office of the Paying Agent, said interest payable on December 1, 2005, and semiannually thereafter on the 1st day of June and December in each year until maturity at the rates hereinafter provided. The Bonds 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 printed with the seal of the City and shall be fully registered as to both principal and interest as provided in this Resolution; principal, interest and premium, if any, shall be payable at the office of the Paying Agent by mailing of a check to the registered owner of the Bond. The Bonds shall be in the denomination of $5,000 or multiples thereof. The Bonds shall mature and bear interest as follows: Interest Principal Maturity Rate Amount June 1st 2.70% $ 90,000 2006 2.95 110,000 2007 3.05 115,000 2008 3.20 120,000 2009 3.30 120,000 2010 3.40 125,000 2011 3.50 125,000 2012 3.65 130,000 2013 3.75 140,000 2014 3.85 145,000 2015 3.95 150,000 2016 4.00 530,000 2017 4.10 555,000 2018 4.15 580,000 2019 4.20 605,000 2020 4.25 630,000 2021 (b) Redemption. Bonds maturing after June 1, 2015 may be called for redemption by the Issuer and paid before maturity on said date or any date thereafter, from any funds regardless of source, in whole or from time to time in part, in any order of maturity and within an annual maturity by lot. The terms of redemption shall be par, plus accrued interest to date of call. Regular Session, April 4, 2005 135 Thirty days' notice of redemption shall be given by certified mail to the registered owner of the Bond. Failure to give such notice by mail to any registered owner of the Bonds or any defect therein shall not affect the validity of any proceedings for the redemption of the Bonds. All bonds or portions thereof called for redemption will cease to bear interest after the specified redemption date, provided funds for their redemption are on deposit at the place of payment. If selection by lot within a maturity is required, the Registrar shall designate the bonds to be redeemed by random selection of the names of the registered owners of the entire annual maturity until the total amount of bonds to be called has been reached. Section 7.lssuance of Bonds in Book-Entrv Form: Replacement Bonds. (a) Notwithstanding the other provisions of this Resolution regarding registration, ownership, transfer, payment and exchange of the Bonds, unless the Issuer determines to permit the exchange of Depository Bonds for Bonds in the Authorized Denominations, the Bonds shall be issued as Depository Bonds in denominations of the entire principal amount of each maturity of Bonds (or, if a portion of said' principal amount is prepaid, said principal amount less the prepaid amount); and such Depository Bonds shall be registered in the name of Cede & Co., as nominee of DTC. Payment of semi-annual interest for any Depository Bond shall be made by wire transfer or New York Clearing House or equivalent next day funds to the account of Cede & Co. on the interest payment date for the Bonds at the address indicated in or pursuant to the Representation Letter. (b) With respect to Depository Bonds, neither the Issuer nor the Paying Agent shall have any responsibility or obligation to any Participant or to any Beneficial Owner. Without limiting the immediately preceding sentence, neither the Issuer nor the Paying Agent shall have any responsibility or obligation with respect to (i) the accuracy of the records of DTC or its nominee or of any Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any Participant, any Beneficial Owner or any other person, other than DTC or its nominee, of any notice with respect to the Bonds, (Hi) the payment to any Participant, any Beneficial Owner or any other person, other than DTC or its nominee, of any amount with respect to the principal of, premium, if any, or interest on the Bonds, or (iv) the failure of DTC to provide any information or notification on behalf of any Participant or Beneficial Owner. The Issuer and the Paying Agent may treat DTC or its nominee as, and deem DTC or its nominee to be, the absolute owner of each Bond for the purpose of payment of the principal of, premium, if any, and interest on such Bond, for the purpose of all other matters with respect to such Bond, for the purpose of registering transfers with respect to such Bonds, and for all other purposes whatsoever (except for the giving of certain Bondholder consents, in accordance with the practices and procedures of DTC as may be applicable thereto). The Paying Agent shall pay all principal of, premium, if any, and interest on the Bonds only to or upon the order of the Bondholders as shown on the Registration Books, and all such payments shall be valid and effective to fully satisfy and discharge the Issuer's obligations with respect to the principal of, premium, if any, and interest on the Bonds to the extent so paid. Notwithstanding the provisions of this Resolution to the contrary (including without limitation those provisions relating to the surrender of Bonds, registration thereof, and issuance in Authorized Denominations), as long as the Bonds are Depository Bonds, full effect shall be given to the Representation Letter and the procedures and practices of DTC thereunder, and the Paying Agent shall comply therewith. (c) Upon (i) a determination by the Issuer that DTC is no longer able to carry out its functions or is otherwise determined unsatisfactory, or (ii) a determination by DTC that the Bonds are no longer eligible for its depository services or (iii) a determination by the Paying Agent that DTC has resigned or discontinued its services for the Bonds, if such substitution is authorized by law, the Issuer shall (A) designate a satisfactory substitute depository as set forth below or, if a satisfactory substitute is not found, (B) provide for the exchange of Depository Bonds for replacement Bonds in Authorized Denominations. (d) To the extent authorized by law, if the Issuer determines to provide for the exchange of Depository Bonds for Bonds in Authorized Denominations, the Issuer shall so notify the Paying Agent and shall provide the Registrar with a supply of executed unauthenticated Bonds to be so exchanged. The Registrar shall thereupon notify the owners of the Bonds and provide for such exchange, and to the extent that the Beneficial Owners are designated as the transferee by the owners, the Bonds will be delivered in appropriate form, content and Authorized Denominations to the Beneficial Owners, as their interests appear. (e) Any substitute depository shall be designated in writing by the Issuer to the Paying Agent. Any such substitute depository shall be a qualified and registered "clearing agency" as provided in Section 17 A of the Securities Exchange Act of 1934, as amended. The substitute depository shall provide for (i) immobilization of the Depository Bonds, (ii) registration and transfer of interests in 136 Regular Session, April 4, 2005 Depository Bonds by book entries made on records of the depository or its nominee and (iii) payment of principal of, premium, if any, and interest on the Bonds in accordance with and as such interests may appear with respect to such book entries. Section 8. Reqistration of Bonds: Appointment of Reqistrar: Transfer; Ownership; Delivery: and Cancellation. (a) Reqistration. The ownership of Bonds may be transferred only by the making of an entry upon the books kept for the registration and transfer of ownership of the Bonds, and in no other way. Wells Fargo Bank, National Association is hereby appointed as Bond Registrar under the terms of this Resolution (and under the provisions of a separate agreement with the Issuer filed herewith which is made a part hereof by this reference.) Registrar shall maintain the books of the Issuer for the registration of ownership of the Bonds for the payment of principal of and interest on the Bonds as provided in this Resolution. All Bonds shall be negotiable as provided in Article 8 of the Uniform Commercial Code and Section 384.31 of the Code of Iowa, subject to the provisions for registration and transfer contained in the Bonds and in this Resolution. (b) Transfer. The ownership of any Bond may be transferred only upon the Registration Books kept for the registration and transfer of Bonds 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 Bond (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 Bond, a new fully registered Bond, of any denomination or denominations permitted by this Resolution in aggregate principal amount equal to the unmatured and unredeemed principal amount of such transferred fully registered Bond, and bearing interest at the same rate and maturing on the same date or dates shall be delivered by the Registrar. (c) Reqistration of Transferred Bonds. In all cases of the transfer of the Bonds, the Registrar shall register, at the earliest practicable time, on the Registration Books, the Bonds, in accordance with the provisions of this Resolution. (d) Ownership. As to any Bond, 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 Bonds 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 Bond, including the interest thereon, to the extent of the sum or sums so paid. (e) Cancellation. All Bonds which have been redeemed shall not be reissued but shall be cancelled by the Registrar. All Bonds 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 Bonds to the Issuer. (f) Non-Presentment of Bonds. In the event any payment check representing payment of principal of or interest on the Bonds is returned to the Paying Agent or if any bond is not presented for payment of principal at the maturity or redemption date, if funds sufficient to pay such principal of or interest on Bonds 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 Bonds 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 Bonds 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 Bonds. The Paying Agent's obligation to hold such funds shall continue for a period equal to two years and six months following the date on which such interest or principal became due, whether at maturity, or at the date fixed for redemption thereof, or otherwise, at which time the Paying Agent, shall surrender any remaining funds so held to the Issuer, whereupon any claim under this Resolution by the Owners of such interest or Bonds of whatever nature shall be made upon the Issuer. (g) Reqistration and Transfer Fees. The Registrar may furnish to each owner, at the Issuer's expense, one bond for each annual maturity. The Registrar shall furnish additional bonds in lesser denominations (but not less than the minimum denomination) to an owner who so requests. Section 9. Reissuance of Mutilated, Destroved, Stolen or Lost Bonds. In case any outstanding Bond shall become mutilated or be destroyed, Regular Session, April 4, 2005 137 stolen or lost, the Issuer shall at the request of Registrar authenticate and deliver a new Bond of like tenor and amount as the Bond so mutilated, destroyed, stolen or lost, in exchange and substitution for such mutilated Bond to Registrar, upon surrender of such mutilated Bond, or in lieu of and substitution for the Bond destroyed, stolen or lost, upon filing with the Registrar evidence satisfactory to the Registrar and Issuer that such Bond 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 10. Record Date. Payments of principal and interest, otherwise than upon full redemption, made in respect of any Bond, 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 preceding the payment date. All such payments shall fully discharge the obligations of the Issuer in respect of such Bonds to the extent of the payments so made. Payment of principal shall only be made upon surrender of the Bond to the Paying Agent. Section 11. Execution, Authentication and Delivery of the Bonds. Upon the adoption of this Resolution, the Mayor and Clerk shall execute and deliver the Bonds to the Registrar, who shall authenticate the Bonds and deliver the same to or upon order of the Purchaser. No 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 Bond a Certificate of Authentication substantially in the form of the Certificate herein set forth. Such Certificate upon any Bond executed on behalf of the Issuer shall be conclusive evidence that the Bond so authenticated has been duly issued under this Resolution and that the holder thereof is entitled to the benefits of this Resolution. No Bonds shall be authenticated and delivered by the Registrar unless and until there shall have been provided the following: 1. A certified copy of the Resolution of Issuer authorizing the issuance of the Bonds; 2. A written order of Issuer signed by the Treasurer of the Issuer directing the authentication and delivery of the Bonds to or upon the order of the Purchaser upon payment of the purchase price as set forth therein; 3. The approving opinion of Ahlers & Cooney, P.C., Bond Counsel, concerning the validity and legality of all the Bonds proposed to be issued. Section 12. Riqht to Name Substitute Pavina Aqent or Reqistrar. Issuer reserves the right to name a substitute, successor Registrar or Paying Agent upon giving prompt written notice to each registered bondholder. Section 13. Form of Bond. Bonds shall be printed in substantial compliance with standards proposed by the American Standards Institute substantially in the form as follows: The text of the Bonds to be located thereon at the item numbers shown shall be as follows: 138 Regular Session, April 4, 2005 (10) (16) (Continued) FIGURE 2 (Back) Regular Session, April 4, 2005 139 Item 1, figure 1 = "STATE OF IOWA" "COUNTY OF DUBUQUE" "CITY OF DUBUQUE" "GENERAL OBLIGATION URBAN RENEWAL BOND" "SERIES 2005B" Item 2, figure 1 = Rate: Item 3, figure 1 = Maturity: Item 4, figure 1 = Bond Date: the date of delivery Item 5, figure 1 = Cusip No.: Item 6, figure 1 = "Registered" Item 7, figure 1 = Certificate No. Item 8, figure 1 = Principal Amount: $ Item 9, figure 1 = The City of Dubuque, Iowa, a municipal corporation organized and existing under and by virtue of the Constitution and laws of the State of Iowa (the "Issuer"), for value received, promises to pay from the source and as hereinafter provided, on the maturity date indicated above, to Item 9A, figure 1 = (Registration panel to be completed by Registrar or Printer with name of Registered Owner). Item 10, figure 1 = or registered assigns, the principal sum of (principal amount written out) THOUSAND DOLLARS in lawful money of the United States of America, on the maturity date shown above, only upon presentation and surrender hereof at the office of Wells Fargo Bank, National Association, Paying Agent of this issue, or its successor, with interest on said sum from the date hereof until paid at the rate per annum specified above, payable on December 1, 2005, and semiannually thereafter on the 1 st day of June and December in each year. Interest and principal shall be paid to the registered holder of the Bond as shown on the records of ownership maintained by the Registrar as of the 15th day preceding such interest payment date. Interest shall be computed on the basis of a 360-day year of twelve 30-day months. This Bond is issued pursuant to the provisions of Sections 403.12 and 384.24(3)(q) of the Code of Iowa, for the purpose of paying costs of aiding in the planning, undertaking and carrying out of urban renewal project activities under the authority of Chapter 403 of the Code of Iowa and the Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic Development District, including those costs associated with grading and construction of the former 152 acre Bergfeld farm property of said urban renewal area, the construction of street improvements to connect the east and west sections of Chavenelle Road and related water and sewer improvements to serve the developed areas and property to the north, the construction of public trails throughout the district, and retaining wall around the pond in the Bergfeld Recreation Area and the construction of other public amenities in the Bergfeld Recreation Area, including restrooms, fishing pier, play equipment and lighting improvements, in conformity to a Resolution of the Council of said City duly passed and approved. Unless this certificate is presented by an authorized representative of The Depository Trust Company, a limited purpose trust company ("DTC"), to the Issuer or its agent for registration of transfer, exchange or payment, and any certificate issued is registered in the name of Cede & Co. or such other name as requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other entity as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an interest herein. Bonds maturing after June 1, 2015 may be called for redemption by the Issuer and paid before maturity on said date or any date thereafter, from any funds regardless of source, in whole or from time to time in part, in any order of maturity and within an annual maturity by lot. The terms of redemption shall be par, plus accrued interest to date of call. Thirty days' notice of redemption shall be given by certified mail to the registered owner of the Bond. Failure to give such notice by mail to any registered owner of the Bonds or any defect therein shall not affect the validity of any proceedings for the redemption of the Bonds. All bonds or portions thereof called for redemption will cease to bear interest after the specified redemption date, provided funds for their redemption are on deposit at the place of payment. If selection by lot within a maturity is required, the Registrar shall designate the bonds to be redeemed by random selection of the names of the registered owners of the entire annual maturity until the total amount of bonds to be called has been reached. Ownership of this Bond may be transferred only by transfer upon the books kept for such purpose by Wells Fargo Bank, National Association, the Registrar. Such transfer on the books shall occur only upon presentation and surrender of this Bond at the office of the Registrar as designated below, together with an assignment duly executed by the owner hereof or his duly authorized attorney in the form as shall be satisfactory to the Registrar. Issuer reserves the right to substitute the Registrar and Paying Agent but shall, however, promptly give notice to registered bondholders of such change. All bonds shall be negotiable as provided in Article 8 of the Uniform Commercial 140 Regular Session, April 4, 2005 Code and Section 384.31 of the Code of Iowa, subject to the provisions for registration and transfer contained in the Bond Resolution. This Bond is a "qualified tax-exempt obligation" designated by the City for purposes of Section 265(b)(3)(B) of the Internal Revenue Code of 1986. And it is hereby represented and certified that all acts, conditions and things requisite, according to the laws and Constitution of the State of Iowa, to exist, to be had, to be done, or to be performed precedent to the lawful issue of this Bond, have been existent, had, done and performed as required by law; that provision has been made for the levy of a sufficient continuing annual tax on all the taxable property within the territory of the Issuer for the payment of the principal and interest of this Bond as the same will respectively become due; that the faith, credit, revenues and resources and all the real and personal property of the Issuer are irrevocably pledged for the prompt payment hereof, both principal and interest; and the total indebtedness of the Issuer including this Bond, does not exceed the constitutional or statutory limitations. IN TESTIMONY WHEREOF, the Issuer by its Council, has caused this Bond to be signed by the manual signature of its Mayor and attested by the manual signature of its City Clerk, with the seal of said City impressed hereon, and to be authenticated by the manual signature of an authorized representative of the Registrar, Wells Fargo Bank, National Association, Des Moines, Iowa. Item 11, figure 1 = Date of authentication: Item 12, figure 1 =This is one of the Bonds described in the within mentioned Resolution, as registered by Wells Fargo Bank, National Association. WELLS FARGO BANK, NATIONAL ASSOCIATION, Registrar By: Authorized Signature Item 13, figure 1 = Registrar and Transfer Agent: Wells Fargo Bank, National Association Paying Agent: Wells Fargo Bank, National Association SEE REVERSE FOR CERTAIN DEFINITIONS Item 14, figure 1 = (Seal) Item 15, figure 1 = [Signature Block] CITY OF DUBUQUE, IOWA By: (manual sionature) Mayor ATTEST: By: (manual sionature) City Clerk Item 16, figure 2 = [Assignment Block] [Information Required for Registration] ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto (Social Security or Tax Identification No. ) the within Bond and does hereby irrevocably constitute and appoint attorney in fact to transfer the said Bond on the books kept for registration of the within Bond, with full power of substitution in the premises. Dated (Person(s) executing this Assignment sign(s) here) SIGNATURE) GUARANTEED) IMPORTANT - READ CAREFULLY The signature(s) to this Power must correspond with the name(s) as written upon the face of the certificate(s) or bond(s) in every particular without alteration or enlargement or any change whatever. Signature guarantee must be provided in accordance with the prevailing standards and procedures of the Registrar and Transfer Agent. Such standards and procedures may require signature to be guaranteed by certain eligible guarantor institutions that participate in a recognized signature guarantee program. INFORMATION REQUIRED FOR REGISTRATION OF TRANSFER Name of Transferee(s) Address of Transferee(s) Social Security or Tax Identification Number of Transferee(s) _Transferee is a(n): Individual* Corporation Partnership Trust *If the Bond is to be registered in the names of multiple individual owners, the names of all such owners and one address and social security number must be provided. The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with right of survivorship and not as tenants in common IA UN IF TRANS MIN ACT ............ Custodian......... ... (Cust) (Minor) under Iowa Uniform Transfers to Minors Act................... (State) ADDITIONAL ABBREVIATIONS MAY ALSO BE USED THOUGH NOT IN THE ABOVE LIST Section 14. Contract Between Issuer and Purchaser. This Resolution constitutes a contract between said City and the purchaser of the Bonds. Regular Session, April 4, 2005 141 Section 15. Non-Arbitraae Covenants. The Issuer reasonably expects and covenants that no use will be made of the proceeds from the issuance and sale of the Bonds issued hereunder which will cause any of the Bonds to be classified as arbitrage bonds within the meaning of Sections 148(a) and (b) of the Internal Revenue Code of the United States, as amended, and that throughout the term of the Bonds it will comply with the requirements of statutes and regulations issued thereunder. To the best knowledge and belief of the Issuer, there are no facts or circumstances that would materially change the foregoing statements or the conclusion that it is not expected that the proceeds of the Bonds will be used in a manner that would cause the Bonds 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 Bonds to certify as to the reasonable expectations and covenants of the Issuer at that date. Section 16. Additional Covenants. Representations and Warranties of the Issuer. The Issuer certifies and covenants with the purchasers and holders of the Bonds 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 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 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 Issuer in such compliance. Section 17. Amendment of Resolution to Maintain Tax Exemption. This Resolution may be amended without the consent of any owner of the Bonds if, in the opinion of bond counsel, such amendment is necessary to maintain tax exemption with respect to the Bonds under applicable Federal law or regulations. Section 18. Qualified Tax-Exempt Obliaations. For the sole purpose of qualifying the Bonds as "Qualified Tax-Exempt Obligations" pursuant to the Internal Revenue Code of the United States, the Issuer designates the Bonds as qualified tax- exempt obligations and represents that the reasonably anticipated amount of tax-exempt governmental and Code Section 501 (c)3 obligations which will be issued during the current calendar year will not exceed Ten (10) Million Dollars. Section 19. Continuina Disclosure. The Issuer hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate, and the provisions of the Continuing Disclosure Certificate are hereby incorporated by reference as part of this Resolution and made a part hereof. Notwithstanding any other provision of this Resolution, failure of the Issuer to comply with the COhtinuing Disclosure Certificate shall not be considered an event of default under this Resolution; however, any holder of the Bonds or Beneficial Owner may take such actions as may be necessary and appropriate, including seeking specific performance by court order, to cause the Issuer to comply with its obligations under the Continuing Disclosure Certificate. For purposes of this section, "Beneficial Owner" means any person which (a) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, any Bond (including persons holding Bonds through nominees, depositories or other intermediaries), or (b) is treated as the owner of any Bonds for federal income tax purposes. Section 20. Severability Clause. If any section, paragraph, clause or provision of this Resolution be held invalid, such invalidity shall not affect any of the remaining provisions hereof, and this Resolution shall become effective immediately upon its passage and approval. Section 21. Repeal of Conflictina Resolutions or Ordinances. That all ordinances and resolutions and parts of ordinances and resolutions in conflict herewith are hereby repealed. Passed, approved and adopted this 4th day of April, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Mediacom Annual Report: Mediacom submitting their 2004 Annual Report, presented and read. Buol moved that the communication and report be received and filed. Seconded by Nicholson. Motion carried 7-0. Citizen Communication: Communication from Sarah and Roger Poling expressing concerns 142 Regular Session, April 4, 2005 about a possible new road between 1615 Born Avenue and 1595 Born Avenue, presented and read. Buol moved that the communication be received and received and filed and referred to the City Manager. Seconded by Nicholson. Motion carried 7-0. Mr. Poling spoke stating this possible new road was a concern to him and his neighbors. Printing and Mailing of Utility Bills: City Manager recommending discontinuing the use of an outside service for the printing and mailing of utility bills, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Nicholson. Motion carried 7-0. Computer System Upgrade: City Manager recommending approval of the purchase of the Miscellaneous Receivable Module for the Sungard Pentamation computer system upgrade, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Nicholson. Motion carried 7-0. Request to Purchase City-Owned Property: Communication from Richard J. Hartig, Grandview - University, LLC, requesting to purchase a portion of a City street and alley abutting properties located on Stewart Street, presented and read. Buol moved that the communication be received and filed and referred to the City Manager. Seconded by Nicholson. Motion carried 7-0. Business License Refund: Request of the Dubuque Inn Corporation for a refund of their cigarette license in the amount of $25.00, presented and read. Buol moved that the communication be received and filed and approved refund. Seconded by Nicholson. Motion carried 7-0. Business Licenses: RESOLUTION NO. 133-05 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 ( 6 MONTHS) City of Dubuque McAleece Park I Rec Complex +(Sunday/Outdoor) 1801 Admiral Sheehy CLASS "C" BEER PERMIT Mulgrew Oil Com 16th St Auto Truck Plaza+(Sunday Sale) 1215 E. 16th St A & T LLC Plaza 20 Amoco+ (Sunday Sale) 2600 Dodge St Sahajanand Entr. Paro Food Mart+ (Sunday Sale) 3200 Central Ave Passed, approved and adopted this 4th day of April, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 134-05 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" BEERILlQUOR LICENSE Wagner's Copper Kettle Copper Kettle+ (Sunday Sale) 2987 Jackson St GMRI Inc. Olive Garden Restr+ (Sunday Sale) 3350 Dodge St Aramark Educational Servo Loras College+ (Sunday/Outdoor Sale) 1450 Alta Vista Chad Streff Whiskey River+ (Sunday Sale) 1064 University CLASS "B" WINE Carroll's Wine Company Carroll's Wine Co. 123 Main St CLASS "WBN" NATIVE WINE DBQ Historical Society Nat'l Mississippi River Museum 350 E 3rd St Passed, approved and adopted this 4th day of April, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Acquisition of Property: Corporation Counsel recommending approval of the acceptance of the deed to certain real estate from Terrence J. and Linda M. Weidemann, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. Regular Session, April 4, 2005 143 RESOLUTION NO. 135-05 ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IOWA FROM TERRENCE J. AND LINDA M. WEIDEMANN WHEREAS, the City of Dubuque entered into an Agreement with Terrence J. Weidemann and Linda M. Weidemann for the purchase of the real property in Dubuque County, Iowa, described as follows: The Southeasterly 6 feet of Lot 6, Lot 7, Lot 8, Lot 9, Lot 10, Lot 11, Lot 2 of Lot 12, Lot 2 of Lot 13, Lot 2 of Lot 14, and Lot 2 of Lot 15, all in Block 29 of "Dubuque Harbor Improvement Co.'s Addition" to the City of Dubuque, Iowa, according to the recorded plat thereof, AND Lot A of Lot 11, and Lot 2 of Lot 11, both in Industrial Subdivision No. 2 in the City of Dubuque, Iowa, according to the recorded plats thereof, from and including - the platting of said Industrial Subdivision No.2, subject to easements of record. 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 Terrence J. and Linda M. Weidemann, a copy of which is attached hereto. 2. The City Clerk is hereby authorized and directed to record this Resolution and the Deed with the Dubuque County Recorder. Passed, approved and adopted this 4th day of April, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. ITEMS TO BE SET FOR PUBLIC HEARING 2005 Asphalt Paving Project: City Manager recommending initiation of the bidding process for the 2005 Asphalt Paving Project and setting a public hearing for May 2, 2005, presented and read. Cline moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 136-05 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the 2005 Asphalt Paving Project (Fiscal Year 2006), in the estimated amount of $1,507,487.70 are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 4th day of April, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 137-05 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Whereas, the City Council of the City of Dubuque, Iowa has given its preliminary approval on the proposed plans, specifications, and form of contract and placed same on file in the office of the City Clerk for public inspection of the 2005 Asphalt Paving Project (Fiscal Year 2006). NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a Public Hearing will be held on the 2nd day of May, 2005, at 6:30 p.m. in the Public Library Auditorium at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be not less than four days nor more than twenty days prior to the day fixed for its consideration. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, contract, or estimated cost of the improvement. Passed, adopted and approved this 4th day of April, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution with public hearing on the plans and specifications for 5/2/05 at a meeting to commence at 6:30 P.M. in the public library auditorium and direct the City Clerk to publish notice in the manner prescribed by law. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 138-05 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the 2005 Asphalt Paving Project (Fiscal Year 2006) is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the Notice to Bidders hereby approved as a 144 Regular Session, April 4, 2005 part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than forty-five days prior to the receipt of said bids at 2:00 p.m. on the 21st day of April, 2005. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for final action at 6:30 p.m. on the 2nd day of May, 2005. Passed, adopted and approved this 4th day of April,2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. Fiscal Year 2006 Guardrail Replacement Program: City Manager recommending initiation of the bidding process for the Fiscal Year 2006 Guardrail Replacement Program and that a public hearing be set for May 2, 2005, presented and read. Cline moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 139-05 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the Guardrail Replacement Program (Fiscal Year 2006), in the estimated amount of $68,146.82 are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 4th day of April, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 140-05 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Whereas, the City Council of the City of Dubuque, Iowa has given its preliminary approval on the proposed plans, specifications, and form of contract and placed same on file in the office of the City Clerk for public inspection of the Guardrail Replacement Program (Fiscal Year 2006). NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a Public Hearing will be held on the 2nd day of May, 2005, at 6:30 p.m. in the Public Library Auditorium at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be not less than four days nor more than twenty days prior to the day fixed for its consideration. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, contract, or estimated cost of the improvement. Passed, adopted and approved this 4th day of April,2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution with date of hearing on plans and specifications set for 5/2/05 at a meeting to commence at 6:30 P.M. in the public library auditorium and direct the City Clerk to publish notice in the manner prescribed by law. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 141-05 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Guardrail Replacement Program (Fiscal Year 2006) is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the Notice to Bidders hereby approved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than forty-five days prior to the receipt of said bids at 2:00 p.m. on the 21st day of April, 2005. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for final action at 6:30 p.m. on the 2nd day of May, 2005. Passed, adopted and approved this 4th day of April, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. Sixth and Seventh Street Reconstruction and Washington Park Renovation Project: City Regular Session, April 4, 2005 145 Manager recommending initiation of the bidding process for the Sixth and Seventh Street Reconstruction and Washington Park Renovation Project and that a public hearing be set for May 2, 2005, presented and read. Cline moved that the communication be received and filed. Seconded by Connors. Motion carried 7- O. Communication from the Historic Preservation Commission generally in support of the project and requesting certain modifications to the plans and specifications prior to bidding the project, presented and read. Cline moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 142-05 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the 6th & 7th Reconstruction and Washington Park Renovation Projects in the estimated amount $987,274 are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 4th day of April, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 143-05 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Whereas, the City Council of the City of Dubuque, Iowa has given its preliminary approval on the proposed plans, specifications, and form of contract and placed same on file in the office of the City Clerk for public inspection of the 6th & 7th Reconstruction and Washington Park Renovation Projects. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a public hearing will be held on the 2nd day of May, 2005, at 6:30 p.m. in the Public Library Auditorium at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be not less than four days nor more than twenty days prior to the day fixed for its consideration. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, contract, or estimated cost of the improvement. Passed, adopted and approved this 4th day of April, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution with hearing date on plans and specifications set for 5/2/05 at a meeting to commence at 6:30 P.M. in the public library auditorium and direct the City Clerk to publish notice in the manner prescribed by law. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 144-05 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the' 6th & 7th Reconstruction and Washington Park Renovation Projects are hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the Notice to Bidders hereby approved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than forty-five days prior to the receipt of said bids at 2:00 p.m. on the 21st day of April, 2005. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for final action at 6:30 p.m. on the 2nd day of May, 2005. Passed, adopted and approved this 4th day of April, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. City Hall - Third Floor Structural Repair Project: City Manager recommending initiation of the bidding process for the City Hall - Third Floor Structural Repair Project and that a public hearing be set for May 16, 2005, presented and read. Cline moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 145-05 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS 146 Regular Session, April 4, 2005 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the City Hall- 3rd Floor Structural Repairs in the estimated amount of $127,000, are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, approved and adopted this 4th day of April,2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 146-05 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Whereas, the City Council of the City of Dubuque, Iowa has given its preliminary approval on the proposed plans, specifications, and form of contract and placed same on file in the office of the City Clerk for public inspection of the City Hall-3rd Floor Structural Repairs. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 16th day of May, 2005, a public hearing will be held at 6:30 p.m. in the Public Library Auditorium at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be not less than four days nor more than twenty days prior to the day fixed for its consideration. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, contract, or estimated cost of the improvement. Passed, approved and adopted this 4th day of April, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution and set hearing on plans and specifications for 5/16/05 at a meeting to commence at 6:30 P.M. in the public library auditorium and direct the City Clerk to publish notice in the manner prescribed by law. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 147-05 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the City Hall-3rd Floor Structural Repairs is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the notice to bidders hereby approved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than forty-five days prior to the receipt of said bids at 2:00 p.m. on the 5th day of May, 2005. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for final action at 6:30 p.m. on the 16th day of May, 2005. Passed, approved arid adopted this 4th day of April, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. PUBLIC HEARINGS Michalski moved that the rules be suspended to allow anyone present to address the Council. Seconded by Markham. Motion carried 7-0. Marshall Park Rest Room Project: Proofs of publication on notice of hearing on plans and specifications and notice to bidders on the receipt of bids, and City Manager recommending award of the contract for the Marshall Park Rest - Room Project to Kluck Construction Company in the amount of $130,585.23, presented and read. Cline moved that the proofs and communication be received and filed. Seconded by Buol. Motion carried 7-0. RESOLUTION NO. 148-05 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS WHEREAS, on the 21st day of February, 2005, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the Marshall Park Rest Room Project; and WHEREAS, notice of hearing on plans, specifications, form of contract, and estimated cost was published as required by law. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifications, form of Regular Session, April 4, 2005 147 contract and estimated cost for said improvements for said project. Passed, approved and adopted this 4th day of April,2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Buol. Motion carried 7-0. RESOLUTION NO. 149-05 AWARDING CONTRACT WHEREAS, sealed proposals have been submitted by contractors for the Marshall Park Rest Room Project pursuant to Resolution No. 67-05, and notice to bidders published in a newspaper published in the City of Dubuque, Iowa, on the 25th day of February, 2005. WHEREAS, said sealed proposals were opened and read on the 24th day of March, 2005, and it has been determined that the bid of Kluck Construction, Inc. in the amount of $130,585.23 was the lowest bid for the furnishings of all labor and materials and performing the work as provided for in the plans and specifications. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the contract for the above improvement be awarded to Kluck Construction, Inc., and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contractor's bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 4th day of April, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Buol. Motion carried 7-0. Dubuque Industrial Center West Third AdditionlContract A Mass Grading Project: Proofs of publication on notice of hearing on plans and specifications and notice to bidders on the receipt of bids, and City Manager recommending award of the contract for the Dubuque Industrial Center West Third AdditionlContract A Mass Grading Project to W.C. Stewart Construction, in the amount of $3,092,815.32, presented and read. Cline moved that the proof and communication be received and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 150-05 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 2nd day of March, 2005, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the Dubuque Industrial Center West 3rd AdditionlContract A Mass Grading Project. Whereas, notice of hearing on plans, specifications, form of contract, and estimated cost was published as required by law. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifications, form of contract and estimated cost for said improvements for said project. Passed, adopted and approved this 4th day of April, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 151-05 AWARDING CONTRACT Whereas, sealed proposals have been submitted by contractors for the Dubuque Industrial Center West 3rd AdditionlContract A Mass Grading Project pursuant to Resolution No. 82-05 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 8th day of March, 2005. Whereas, said sealed proposals were opened and read on the 24th day of March, 2005, and it has been determined that the bid of W.C. Stewart Construction of Dubuque, Iowa, in the amount of $3,092,815.31 was the lowest bid for the furnishings of all labor and materials and performing the work as provided for in the plans and specifications. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the contract for the above improvement be awarded to W.C. Stewart Construction, subject to the concurrence by the Iowa Department of Transportation, and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contractor's bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 4th day of April, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. 148 Regular Session, April 4, 2005 Buol moved that the rules be reinstated limiting discussion to the Council. Seconded by Nicholson. Motion carried 7-0. ACTION ITEMS Request to Speak: Communication from Lois Bublitz and Dianna Stonskas requesting to address the Council regarding the City's denial of their claims for damages related to a water main break, presented and read. Cline moved that the communication be received and filed and referred to the City Manager. Seconded by Nicholson. Motion carried 7-0. Mrs. Bublitz spoke and clarified that the first water main break in 1985 caused a lot of damage and this recent one caused even more. Her daughter Laura David spoke of the serious damage to her mother's home. Dianna Stonskas spoke also of the considerable damage done to her home. City Manager submitting information regarding the claims of Lois Bublitz and Dianna Stonskas, presented and read. Cline moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. Antique Fire Club: City Manager recommending approval of the disposal of a 1969 American LaFrance fire engine by the Antique Fire Club and exploration of the restoration and funding of a 1948 Seagrave Tiller fire truck, presented and read. Cline moved that the communication be received and filed and approved recommendation. Seconded by Nicholson. Motion carried 7-0. Fiscal Year 2006 Budget Submission for Five Flags Civic Center by SMG: City Manager recommending approval of the Fiscal Year 2006 operating budget for Five Flags Civic Center as submitted by' SMG, presented and read. Markham moved that the proof and communication be received and filed and approved recommendation. Seconded by Cline. Motion carried 7-0. Non-Motorized Vehicle Ordinance: City Manager recommending approval of an amendment to Chapter 46 of the Code of Ordinances to allow for the use of non-motorized vehicles in certain areas in the downtown district, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. An Ordinance Amending the City of Dubuque Code of Ordinances Chapter 46, Vehicles for Hire and Public Transportation, by adding a new Article I, Public Transportation by Non-Motorized Vehicles, providing for the licensing and operation of non-motorized vehicles, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 26-05 AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES CHAPTER 46, VEHICLES FOR HIRE AND PUBLIC TRANSPORTATION, BY ADDING A NEW ARTICLE I, PUBLIC TRANSPORTATION BY NON-MOTORIZED VEHICLES, PROVIDING FOR THE LICENSING AND OPERATION OF NON-MOTORIZED VEHICLES Section 1. The City of Dubuque Code of Ordinances Chapter 46 is amended by adding the following: ARTICLE I. PUBLIC TRANSPORTATION BY NON-MOTORIZED VEHICLES Division 1 - General Sec. 46-1. Definitions: The following words 'and phrases, when used in this article, shall have the following meanings: Non-Motorized Vehicle means any conveyance designed to carry a driver and passengers which is propelled by a means other than a motor. Pedicab means a chauffeured non-motorized vehicle, propelled by pedals, engaged in the business of carrying passengers. Horse-drawn carriaQe means a chauffeured non-motorized vehicle pulled by horses and engaged in the business of carrying passengers. Driver means any person who operates a non- motorized vehicle in the transportation of passengers. Sec. 46-2. Rates: No person shall operate a non-motorized vehicle without posting in clear view within the passenger compartment a printed rate card large enough to be read by the passengers in the vehicle, showing the rates. Sec. 46-3. Operation Requirements: The operation of a non-motorized vehicle shall meet the following requirements: (a) The driver of a non-motorized vehicle shall be a person who is at least eighteen years of age and holds a valid motor vehicle operator's license. (b) The months of operation shall be year- round beginning April 1. (c) Non-motorized vehicles shall be operated only on routes within the Main Street District Cultural Corridor as established by the City Manager. The City Manager may require such routes to be changed at any time in the event of a sudden hazard, construction, special event, or for such other reason as the City Manager determines to be necessary. (d) Non-motorized vehicles shall be allowed to stop, stand, or park at any non-restricted meters in the Main Street District. Regular Session, April 4, 2005 149 (e) When collecting fees, picking up or dropping off passengers, the driver shall stop, stand, or park the vehicle only in approved locations or parallel to the curb, taking care not to block traffic lanes, crosswalks, or intersections, or to otherwise impede the flow of vehicular or pedestrian traffic. (f) Non-motorized vehicles shall be operated only on city streets and shall not be operated on sidewalks. (g) The driver of a non-motorized vehicle shall not conduct business on private property without the prior consent of the property owner. (h) Passengers shall be limited to the passenger compartment of the vehicle and shall not board or exit the vehicle while it is in motion, or in a traffic lane or intersection. (i) No open alcoholic beverage containers or consumption of alcoholic beverages shall be allowed in a vehicle or in the possession of the driver or passengers. G) The operator of a business providing' non- motorized vehicle transportation shall post notices in each vehicle and in each waiting room or at each station owned or used by the operator stating the charges and routes or methods of operation. (k) Non-motorized vehicles shall be equipped with headlights, taillights, reflectors, and a slow- moving vehicle sign. (I) The owner or Driver of a non-motorized vehicle shall keep it in a safe and operating condition at all times. The Police Chief is hereby authorized, either on complaint of any person or without such complaint, to inspect non- motorized vehicle and upon discovery of any unsafe condition, to notify the person operating the vehicle to cease operation. Thereupon said non-motorized vehicle shall be kept off the street until unsafe condition has been corrected. Division 2 Non-motorized Vehicle Transportation Business License. Sec. 46-4. Business License Required: No person shall operate a pedicab, horse- drawn carriage, or other non-motorized passenger transportation business for the purpose of public transportation, whether or not passengers are charged for the service, without first obtaining an annual license therefore as provided in this Article. Sec. 46-5. Application for Business License: (a) An application for a non-motorized transportation business license shall be filed with the City Manager on a form provided by the City Manager. The application shall contain the following information (1) The name of the applicant. (2) The name and address of each of the principal officers of the business and the name and address of each partner, trustee, owner, or other person with a financial interest in the applicant. (3) A description of the methods, procedures, hours of operation, and equipment to be used. (4) A map of the City showing the locations of proposed routes or methods of operation, including proposed stations to stop, stand, or park vehicles to pick up and drop off passengers and proposed locations to store or keep vehicles, animals, and equipment related to the operation. (5) The identification, descriptive information and photographs of each non-motorized vehicle. (6) The names, addresses, and dates of birth of all drivers of non-motorized vehicles. Such information shall be updated with the City Manager for each new driver before any driver operates a non-motorized vehicle for the purpose of public transportation. Falsification of information on an application shall be grounds for denial or revocation of a license. (b) The City Manager shall cause the Police Chief to investigate each application for a non- motorized transportation business license and a report of such investigation shall be submitted by the Police Chief to the City Manager. Sec. 46-7. Consideration of Application: The City Manager shall, upon consideration of the application and the information required herein, approve or reject the application. If the application is rejected, the applicant may file with the City Clerk a written notice of appeal from the City Manager's decision. Sec. 46-8. Fees: At the time of filing the application, the applicant shall pay to the City Manager a non- refundable application business fee established by the City Manager. At the time of issuance of a non-motorized vehicle license, the applicant shall pay to the City Manager a non-motorized vehicle license fee established by the City Manager. Sec. 46-9. Insurance: Prior to the issuance of a license, the applicant shall submit to the City Manager proof of, and shall maintain at all times during operation of the business, such insurance as the City Manager shall determine appropriate. Sec. 46-10. Renewals: All licenses under this Article shall expire on March 31 of each year. Sec. 46-11. Display: The non-motorized transportation license shall be fastened upon the vehicle and shall not be removed until the expiration of the license. Sec. 46-13. Suspension and Revocation of License: A license may be revoked or suspended by the City Manager for a violation of any of the provisions of this article or any other ordinances of the city, or the laws of the United States or thestate of Iowa which demonstrate the lack of 150 Regular Session, April 4, 2005 fitness of the licensee to offer public transportation. The licensee shall be given not less than ten- day's written notice of the proposed action to be taken prior to suspension or revocation. The licensee may file with the City Clerk a written notice of appeal to the City Council from the suspension or revocation. Sec. 46-14. Transfer Restricted: No non-motorized transportation business license may be sold, assigned, mortgaged or otherwise transferred. Division 3 - Non-Motorized Vehicle Driver's License Sec. 46-15. Non-Motorized Vehicle Driver's License: No person shall operate a non-motorized vehicle for hire upon the streets of the city, and no person who owns or controls such vehicle shall permit it to be so driven, and no such vehicle shall be so driven at any time for hire, unless the driver of such vehicle shall have first been issued a driver's license under the provisions of this article. Sec. 46-16. Application for Driver's License: (a) An application for a driver's license shall be filed with the City Manager on a form provided by the City Manager. (b) The City Manager shall cause the police chief to investigate each applicant for a license and a report of such investigation shall be submitted to the City Manager. Such report shall state whether or not the applicant has a valid motor vehicle operator's license. Sec. 46-17. Consideration Of Application: The City Manager shall, upon consideration of the application and the reports required by this article, approve or reject the application. Sec. 46-18. Issuance Of License; Duration; Annual Fee: (a) Upon approval of an application for a license, the City Manager shall issue a license to the applicant upon the payment of an annual fee as determined by the City Manager. Such license shall be in effect for the remainder of the calendar year. The license shall be renewed every calendar year thereafter upon the payment of an annual fee unless the license for the preceding year is in suspension or has been revoked. (b) The driver shall wear the license upon the clothing of the driver at all times during the operation of the vehicle. Sec, 46-19. Failure to Comply with City, State and Federal Laws: A driver licensed under this article shall comply with all applicable city, state and federal laws. Sec. 46-45. Suspension And Revocation Of License: The City Manager may suspend or revoke a driver's license if a driver fails or refuses to comply with the provisions of this article. The driver shall be given not less than ten-day's written notice prior to the suspension or revocation. The driver may file with the City Clerk a written notice of appeal to the City Council from such suspension or revocation to the city council Section 2. This ordinance shall take effect upon publication. Passed, approved and adopted this 4th day of April, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Published officially in the Telegraph Herald Newspaper the 8th day of April, 2005. Isl Jeanne F. Schneider, CMC, City Clerk 1t 4/8 Buol moved 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 finally passed be suspended. Seconded by Nicholson. Motion carried 7-0. Buol moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 7-0. At 7:10 P.M. Buol moved to go into Closed Session re: Pending Litigation and Property Acquisition - Chapter 21.5(1)(c)G) 2003 Code of Iowa and Collective Bargaining Strategy - Iowa Code Chapter 20.17(3). Seconded by Markham. Motion carried 7-0. At 7:41 P.M. Council reconvened Regular Session stating that Staff had been given proper direction. There being no further business, Buol moved to adjourn. Seconded by Markham. Motion carried 7-0. The meeting adjourned at 7:42 P.M. /sl Jeanne F. Schneider, CMC City Clerk 1 t 4/13 152 Regular Session, April 18, 2005 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Regular Session, April 18, 2005 Council met in Regular Session at 6:30 P.M. in the Library Auditorium Present: Mayor Duggan, Council Buol, Cline, Connors, Markham, Nicholson, City Manager Van Corporation Counsel Lindahl. Members Michalski, Milligen, Mayor Duggan read the call and stated this is a regular session of the City Council called for the purpose of discussing such matters which may properly come before the Council. Invocation was given by Deacon Bill Mauss Proclamations: Medical Laboratory Week (April 24-30, 2005) received by United Clinical Laboratories personnel John Shaffer, Roxanne Stoffel, Ann McCray and MaryJo Bonifas CONSENT ITEMS Minutes and Reports Submitted: City Council of 4/4; Civil Service Commission of 3/15 and 4/5; Environmental Stewardship Commission of 4/5; Historic Preservation Commission of 3/17 and 3/22; Human Rights Commission of 3/14; Zoning Advisory Commission of 4/6; Zoning Board of Adjustment of 3/24 and 417, presented and read. Michalski moved that the minutes be received and filed. Seconded by Nicholson. Motion carried 7-0. Proof of publication of City Council Proceedings of March 21, 2005, presented and read. Michalski moved that the proof be received and filed. Seconded by Nicholson. Motion carried 7-0. City of Dubuque Financial Reports for the month ending March 31, 2005 (On file in City Clerk's Office), presented and read. Michalski moved that the communication and report be received and filed. Seconded by Nicholson. Motion carried 7-0. Airport Update of April 12, 2005, presented and read. Michalski moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. Notice of Claims/Suits: Merrill P. Henrichs for vehicle damage; Sandra Elizabeth Tilton for personal injury, presented and read. Michalski moved that the communications be received and filed and referred to Legal for investigation. Seconded by Nicholson. Motion carried 7-0. Corporation Counsel advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Merrill P. Henricks for vehicle damage; Sandra E. Tilton for personal injury, presented and read. Michalski moved that the communications be received and filed and concurred. Seconded by Nicholson. Motion carried 7-0. Citizen Communications: Communication of Harry Townsend, Cuba City, Wisconsin, and Tom Nielsen regarding Grandstand Under the Stars, presented and read. Michalski moved that the communications be received and filed. Seconded by Nicholson. Motion carried 7-0. Amendment to ' Collective Bargaining Agreement: City Manager recommending approval of an amendment to the Collective Bargaining Agreement between the City and Teamsters Local Union No. 421, presented and read. Michalski moved that the communication be received and filed and approved recommendation. Seconded by Nicholson. Motion carried 7-0. Woodland Estates No. 3 - Final Plat: Zoning Advisory Commission recommending approval of the final plat of Woodland Estates No. 3 located on North Cascade Road in Dubuque County as requested. by Buesing & AssociateslMark & Staci McKeon/Gerhard & Ruth Duddeck, presented and read. Michalski moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7- O. RESOLUTION NO. 152-05 RESOLUTION APPROVING THE FINAL PLAT WOODLAND ESTATES NO.3 IN DUBUQUE COUNTY, IOWA Whereas, there has been filed with the City Clerk a Final Plat Woodland Estates No. 3 in Dubuque County, Iowa; and Whereas, said Final Plat has been examined by the Zoning Advisory Commission and its approval endorsed there; and Whereas, said Final Plat has been examined by the City Council and they find that it conforms to the statutes and ordinances relating thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council hereby waives Article IV, Design and Improvement Standards of the Subdivision Regulations, except Section 42-19, Blocks and Lots. Regular Session, April 4, 2005 151 APProve~~ / Adopted ~ ,p / ,. - 2005 2005 ~ ~ ' .. ;;---: ~~~k/~ Ity Clerk Regular Session, April 18, 2005 153 Section 2. That the Final Plat Woodland Estates NO.3 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 plat of survey. Passed, approved and adopted this 18th day of April 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Knob Hill Grove No. 4 - Final Plat: City Manager recommending approval of the final plat of Lots 1, 2 and 3 of Knob Hill Grove No. 4 located on Duggan Drive as requested by Buesing & Associates, presented and read. Michalski moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 153-05 RESOLUTION APPROVING THE FINAL PLAT OF LOTS 1, 2 AND 3 OF KNOB HILL GROVE NO.4 IN THE CITY OF DUBUQUE, IOWA Whereas, there has been filed with the City Clerk a Final Plat of Lots 1, 2 and 3 of Knob Hill Grove NO.4 in the City of Dubuque, Iowa; and Whereas, said Final Plat has been reviewed by the Zoning Advisory Commission and had their approval endorsed thereon; and Whereas, said Final Plat has been examined by the City Council and they find that it conforms to the statutes and ordinances relating hereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Final Plat of Lots 1, 2 and 3 of Knob Hill Grove NO.4 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. Section 2. Sidewalk installation shall be the responsibility of the owner abutting the public rights-of-way, including lots with multiple frontages, as required by City Code 41-161 through 41-164. The responsibility shall extend to all successors, heirs and assignees. Sidewalk installation will not be required until the development of the lot has been completed, except as required herein. In sparsely developed subdivisions, sidewalks on developed lots will not be required until 50% of the lots approved by the plat have been developed. All vacant lots shall have sidewalks installed upon development of 80% of the lots approved by the plat. Passed, approved and adopted this 18th day of April 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Assistance to Firefighters Grant: City Manager recommending approval of the submittal of a FEMA Assistance to Firefighters Grant Program application, presented and read. Michalski moved that the communication be received and filed and approved recommendation. Seconded by Nicholson. Motion carried 7-0. Purchase of Property: City Manager recommending approval of the purchase of property located at 645 Gillespie Street as a part of the acquisition program associated with expansion of the West 32nd Street Detention Basin, presented and read. Michalski moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 154-05 A RESOLUTION APPROVING THE ACQUISITION OF REAL ESTATE LOCATED AT 645 GILLESPIE STREET, IN THE CITY OF DUBUQUE WHEREAS, the City of Dubuque intends to acquire certain properties located in the area adjacent to the West 32nd Street detention basin for purposes of stormwater mitigation activities as recommended in the 2001 HDR "Drainage Basin Master Plan;" and WHEREAS, a purchase agreement has been finalized with the owner of the ninth property scheduled for acquisition. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque hereby approves the acquisition of the following legally described property: Lot 16 in Fink's Subdivision in the City of Dubuque, Iowa according to the Plat thereof in Dubuque County, Iowa At the cost of Ninety thousand dollars ($90 000). Section 2. That the City of Dubuque be and is hereby authorized to accept a Quit Claim deed from the owner, conveying the owner's interest to the City of Dubuque, Iowa for the herein described real estate. Section 3. That the City Clerk be and is hereby authorized and directed to cause said Quit Claim Deed to be recorded in the office of the Dubuque County Recorder, together with certified copy of the Resolution. Section 4. That the City Clerk be and she is hereby directed to forward a copy of this Resolution to the Dubuque County Assessor and the Dubuque County Auditor. Passed, approved and adopted this 18th day of April, 2005. Terrance M. Duggan, Mayor 154 Regular Session, April 18, 2005 Attest: Jeanne Schneider, CMC, City Clerk Michalski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Rustic Hills Carriage Tours: City Manager recommending approval of the fourth amendment to the lease agreement between the City and Colleen B. Lindstrom dlbla Rustic Hills Carriage Tours for the former Dock Board building, presented and read. Michalski moved that the communication be received and filed and approved recommendation. Seconded by Nicholson. Motion carried 7-0. Cascade Cycling Club: Communication from the Cascade Cycling Club requesting paved shoulders on County Road Y13 between Farley and Cascade and Aitchison Road and requesting that the City send a letter of support to the Dubuque County Board of Supervisors, presented and read. Michalski moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. Born Avenue: City Manager submitting information regarding the e-mail from Sara and Roger Poling of 1615 Born Avenue, presented and read. Michalski moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. Area Residential Care, Inc.: City Manager recommending approval of an agreement with Area Residential Care Vocational Services to supply litter pick-up services by the skate park at McAleece Park, Allison-Henderson Park, Comiskey Park and in the office at the Bunker Hill Golf Course, presented and read. Michalski moved that the communication be received and filed and approved recommendation. Seconded by Nicholson. Motion carried 7-0. Dubuque Industrial Center West: City Manager recommending approval of an amendment to the contract with IIW Engineers and Surveyors, P.C. for additional work requested by the City to complete the Dubuque Industrial Center West 3rd Addition project, presented and read. Michalski moved that the communication be received and filed and approved recommendation. Seconded by Nicholson. Motion carried 7-0. - US Highway 20 Improvements - University Avenue: City Manager recommending approval to request funding from the Dubuque Metropolitan Area Transportation Study (DMATS) for completion of Phase 111- University Avenue Extension of the US Highway 20 Improvements Project, presented and read. Michalski moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 155-05 AUTHORIZING THE CITY MANAGER TO REQUEST ADDITIONAL FUNDING THROUGH THE DUBUQUE METROPOLITAN AREA TRANSPORTATION STUDY (DMATS) AND TO REQUEST THAT CITY OF DUBUQUE TO PARTICIPATE IN THE LOCAL MATCH TO FUND THE US HIGHWAY 20 IMPROVEMENTS PROJECT, PHASE III - UNIVERSITY AVENUE EXTENSION Whereas, the City of Dubuque (City) is the lead public agency responsible for the administration of the improvements to US Highway 20 Improvements Project, Phase III - University Avenue Extension (the Project) which will include a new fully signalized University Avenue/US20 intersection near Theisen's; removal of the traffic 'signals on US20 at the Midway Hotel; and change the current University AvenuelJohn F. Kennedy Road intersection to eliminate left (southbound) movements from University at this intersection. This is to relieve the congestion at US 20 and John F. Kennedy and providing for better access between US 20 and University Avenue; and Whereas, the City in partnership with the Iowa Department of Transportation, secured a Transportation Equity Act for the 21 st Century (TEA-21) Surface Transportation Program (STP) Grant (Project No. STP-U-2100 (623)--70-31) which will finance the paving portion for the Project; and Whereas, additional funding is required for the completion of the Phase III - University Avenue Extension. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That said City Council does hereby authorize the City Manager to request additional funding through Dubuque Metropolitan Area Transportation Study (DMA TS) for the Project. Section 2. That said City Council does hereby authorize the City Manager to participate in the 20% local funding match. Passed, adopted and approved this 18th day of April, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Michalski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. University Avenue - Howard R. Green Supplemental Contract: City Manager recommending approval of Supplemental Contract No. 3 for Howard R. Green Company to perform additional engineering construction inspection services for the first phase of the University Avenue Extension Project, presented Regular Session, April 18, 2005 155 and read. Michalski moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 156-05 APPROVING THE SUPPLEMENTAL AGREE- MENT NO. THREE BETWEEN THE CITY OF DUBUQUE AND THE HOWARD R. GREEN COMPANY FOR THE UNIVERSITY AVENUE EXTENSION PROJECT (STP-U-21 00(623) - 70-31) Whereas, the City of Dubuque (City) and the Howard R. Green Company (Howard R. Green) are currently in the construction phase for the improvements to extend University Avenue to intersect with US Highway 20 in Dubuque, Iowa; and Whereas, Howard R. Green has prepared a Supplemental Agreement No. Three between the City and Howard' R. Green to amend the Scope of Services to include additional engineering services for the first phase of the University Avenue Extension Project that includes grading and culvert construction. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Supplemental Agreement No. Three between the City of Dubuque and the Howard R. Green Company be approved. Section 2. That the Mayor be authorized and directed to execute three copies of Supplemental Agreement No. Three. Passed, approved and adopted this 18th day of April, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Michalski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Mississippi Valley Promise: City Manager recommending approval of limited assistance from the Leisure Services Department to Mississippi Valley Promise to help the volunteer organization get off the ground, presented and read. Michalski moved that the communication be received and filed and approved recommendation. Seconded by Nicholson. Motion carried 7-0. Deer Management Plan: City Manager recommending approval of the 2005 - 2006 Deer Management Plan with the same incentive plan as last year, presented and read. Michalski moved that the communication be received and filed and approved recommendation. Seconded by Nicholson. Motion carried 7-0. Notice of Intent to Request Release of Funds - Fiscal Year 2006 CDBG Programs: City Manager recommending approval of the publication of a Notice of Intent to Request Release of Funds for Community Development Block Grant (CDBG) program activities, presented and read. Michalski moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 157-05 A RESOLUTION AUTHORIZING PUBLICA- TION OF A NOTICE OF INTENT TO REQUEST RELEASE OF FUNDS FOR CERTAIN COMMUNITY DEVELOPMENT BLOCK GRANT PROJECTS FOR FISCAL YEAR 2006 (PROGRAM YEAR 2005) Whereas, the City of Dubuque will enter into a Grant Agreement for the Fiscal Year commencing July 1, 2005, with the U.S. Department of Housing and Urban Development, providing for financial assistance to the City under Title I of the Housing and Community Development Act of 1974, as amended; and Whereas, pursuant to the rules and regulations as promulgated by the U.S. Department of Housing and Urban Development, an environmental review has been processed for the hereinafter listed projects to be financed with Community Development Block Grant funds; and Whereas, a notice of "Intent to Request Release of Funds" for said projects will be sent by regular mail to various tribal, federal, state and local public agencies; to the appropriate Regional Office of the Environmental Protection Agency, to the HUD Field Office and to the local news media, individuals and groups known to be interested and believed to be appropriate to receive such a notice; and Whereas, any and all comments received as a result of such notice will be duly considered before proceeding with a Request for Release of Funds and Certification. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Clerk be and is hereby authorized and directed to publish a Notice of Intent to Request Release of Funds for the following identified projects and to make the Environmental Review Record for said projects available for public inspection and comment until 5:00 p.m. on May 2, 2005. Such notice shall be in the form of Exhibit "A" attached hereto and made a part hereof. Community Development Block Grant Annual Plan Projects Program Year 2005 (Fiscal Year 2006) Housing Programs: First Time Home Buyer Program; Historic Preservation Rehab Grant; Homeowner Rehabilitation (Operation: Paintbrush; Operation Upkeep; Residential Rehabilitation Loan Program; Sewer Connection Loan); Housing Administration Services and 156 Regular Session, April 18, 2005 Staff; Housing Code Enforcement; Housing Rehabilitation Services and Staff; Lead Paint Hazard Abatement; PurchaselRehabilitationl Resale; Rental Unit Rehabilitation (Emergency Code Enforcement Loan Program; Moderate Income Rental Rehab Loan Program; Accessibility Rehab; Single Room Occupancy Rehab); Neighborhood and Community Development Programs: Accessible Curb Ramps; Child Care Resource and Referral; Community Partnership Program (cp2); Deer Management Food Program; Dubuque Dispute Resolution Center; Information and Referral Service; Leadership Training; Neighborhood Development Services and Staff; Neighborhood Support Grants; Neighborhood Infrastructure Improvements (Neighborhood Street Overlays; Neighborhood Sidewalk Program; Neighborhood StepNVall Repair); Neighborhood Recreation Program; Senior Center; Washington Tool Library; Zoning Inspectionl Enforcement Economic Development Programs: Commercial/Industrial Building Rehab; Economic Development Financial Assistance Program; Economic Development Program Services and Staff Planning and Administration: CDBG Administration Services and Staff; Finance Services and Staff; City Planning Services; Planning Administration No funds will be committed prior to completion of a review for other related laws of 24 CFR 58.5, including Section 106, for site-specific projects that are currently unidentified. Section 2. That the environmental review record for each of the projects shall be placed on file in the Office of the Housing and Community Development Department, 1805 Central, Dubuque Iowa where said record may be examined and copied by any interested party. Section 3. That the Mayor of the City of Dubuque is hereby authorized and directed to submit to the U.S. Department of Housing and Urban Development seven (7) days after publication of appropriate notice a Request for Release of Funds to undertake the said projects. Section 4. That the Mayor of the City of Dubuque is hereby authorized to consent to assume the status of a responsible federal official under the National Environmental Protection Act, insofar as the provisions of the said Act apply to the U.S. Department of Housing and Urban Development responsibilities for review, decision making, and action assumed and carried out by the City of Dubuque as to environmental issues. Section 5. That the Mayor of the City of Dubuque is hereby authorized to consent personally, in his official capacity and on behalf of the City of Dubuque, to accept the jurisdiction of the federal courts if an action is brought to enforce responsibilities in relation to environmental review, decision-making and action. Section 6. That the Mayor of the City of Dubuque is hereby authorized and directed to execute a Request for Release of Funds and Certification. Passed, approved and adopted this 18th day of April 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. 2005 Justice Assistance Grant (JAG) Application: City Manager recommending approval of the 2005 Edward Byrne Memorial Justice Assistance Grant (JAG) application in the amount of $40,704 for the period October 1, 2005 through September 30, 2009, presented and read. Michalski moved that the communication be received and filed and approved recommendation. Seconded by Nicholson. Motion carried 7-0. Port of Dubuque - Courthouse Dome: City Manager recommending that the width of the visibility corridor for the Grand River Center to the Dubuque County Courthouse gold dome be established at 27 feet, or 13.5 feet on each side of the centerline of the Convention Center corridor, presented and read. Michalski moved that the communication be received and filed and approved recommendation. Seconded by Nicholson. Motion carried 7-0. Environmental Stewardship Advisory Commission: Communication from the Environmental Stewardship Advisory Commission regarding their potential role in Phase II of the NPDES Permit process and City Manager advising that. the Engineering Department and the Environmental Stewardship Advisory Commission have agreed on a role for the Commission in Phase II of the National Pollution Discharge Elimination System, presented and read. Michalski moved that the communications be received and filed. Seconded by Nicholson. Motion carried 7-0. Vision Iowa Update: City Manager providing an update to the Vision Iowa Board and requesting an extension for completion of one component of the City's Vision Iowa Agreement, presented and read. Michalski moved that the communication be received and filed and approved recommendation. Seconded by Nicholson. Motion carried 7-0. Business Licenses: Regular Session, April 18, 2005 157 RESOLUTION NO. 158-05 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 (5 - DAY SPECIAL EVENT) Music n More Promotions L TO Music n Moore Promotions -Tent A. Town Clock Plaza Music n More Promotions L TO Music n Moore Promotions -Tent B. Town Clock Plaza Music n More Promotions L TO Music n Moore Promotions -Tent C. Town Clock Plaza CLASS "COO BEER PERMIT Oriental Food & Gift Lien Oriental American Food+(Sunday Sale) 115 W. 11th St Rainbo Oil Co. Kwik Stop C-Store+ (Sunday Sale) 2335 University Kwik Trip Inc Tobacco Outlet #504+ (Sunday Sale) 806 Wacker Dr TFM Co. Oky Doky # 1 + (Sunday Sale) 250 W. 1 st St TFM Co. Oky Doky # 2+ (Sunday Sale) 51 W. 32nd St Passed, approved and adopted this day of, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Michalski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 159-05 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" BEERILlQUOR LICENSE Carol Meyers A & B Tap+ (Sunday Sale) 2600 Central Av Heim Enterprises Inc. Hudson's Classic Grill+ (Sunday/Outdoor Sale) 2345 Northwest Arterial Donna Ginter West Dubuque Tap+ (Sunday Sale) 1701 Asbury Rd DBQ, Inc. Shot Tower Inn+ (Sunday Sale) 390 Locust St Knights of Columbus Knights of Columbus # 510+(Sunday Sale) 781 Locust St Russell Masartis Sublime+ (Sunday Sale) 3203 Jackson St Loyal Order of Moose Dubuque Lodge # 355+ (Sunday Sales) 2635 Windsor Lot One LLC Lot One, LLC+ (Sunday Sale) 100 Main St Mary Loney Bichell Mississippi Mug (Outdoor Service Dates) 373 Bluff St Easy Street LLC Easy Street+ (Outdoor Sale) 431 Rhomberg CLASS "B" WINE TFM Com Oky Doky # 2 51 W. 32nd St TFM Com Oky Doky # 1 250 W. 1st St Passed, approved and adopted this 18th day of April, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Michalski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. ITEMS TO BE SET FOR PUBLIC HEARING MCC Iowa, LLC (Mediacom) - Cable Franchise Agreement: City Manager recommending that a public hearing be set for May 2, 2005 to consider adoption of a Cable Franchise Agreement, presented and read. Cline moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. Communication from MCC Iowa, LLC submitting Franchise Agreement, advising of the creation of the Cultural Affairs Charitable Foundation of Dubuque, Inc. and approval of Lease Agreement (with Draft Form of Commitment Letter, Articles of Incorporation and Bylaws), presented and read. Cline moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. Communication from Charles F. King, Mediacom Communications Corporation, expressing gratitude for the opportunity to continue to serve the community, presented and read. Cline moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 160-05 SETTING A PUBLIC HEARING ON A PROPOSED CABLE TELEVISION SYSTEM FRANCHISE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND MCC IOWA, LLC GRANTING A NONEXCLUSIVE FRANCHISE TO MCC IOWA, LLC TO CONSTRUCT, OPERATE, MAINTAIN, 158 Regular Session, April 18, 2005 UPDATE AND RECONSTRUCT A CABLE TELEVISION SYSTEM IN THE CITY OF DUBUQUE Whereas, MCC Iowa, LLC (Mediacom) has asked the City to renew Mediacom's nonexclusive franchise (the Prior Franchise) to construct, operate, maintain, update and reconstruct a cable television system (the Cable System) in the City; and Whereas, the construction, installation, maintenance and operation of such a system involves the occupation of and placement of private commercial facilities in the Public Rights- of-Way within the City; and Whereas, the City has reviewed Mediacom's performance under the Prior Franchise and the quality of service during the Prior Franchise term, has identified the future cable-related needs and interests of the City and its citizens, has considered the financial, technical and legal qualifications of Mediacom, and has determined whether Mediacom's plans for constructing, operating and maintaining its Cable System are adequate, in a full public proceeding affording due process to all parties; and Whereas, the City has relied on Mediacom's representations and has considered the information that Mediacom has presented to it; and Whereas, based on Mediacom's repre- sentations and information, and in response to its request for renewal, the City Council has tentatively determined that, subject to the provisions of the Cable Franchise Agreement, and the terms and conditions set forth herein, the grant of a new nonexclusive franchise to Mediacom, to supersede the Prior Franchise, on the terms and conditions of the Cable Franchise Agreement and subject to applicable law, is consistent with the public interest. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: 1. The City Clerk is hereby authorized and directed to cause this Resolution and a notice to be published as prescribed by Iowa Code Section 364.3 of a public hearing on the City Council's intent to approve the Cable Franchise Agreement between the City of Dubuque Iowa and MCC Iowa, LLC granting a nonexclusive franchise to MCC Iowa, LLC to construct, operate, maintain, update and reconstruct a cable television system in the City of Dubuque, to be held on the 2nd day of May, 2005, at 6:30 o'clock p.m. at the public library auditorium, 11th & Locust, Dubuque, Iowa. 2. It is further directed that copies of the Cable Franchise Agreement shall be placed on file with the City Clerk for public inspection Passed, approved and adopted this 18th day of April, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. An Ordinance. Approving a Cable Franchise Agreement between the City of Dubuque, Iowa and MCC Iowa, LLC granting a nonexclusive franchise to MCC Iowa, LLC to construct, operate, maintain, update and reconstruct a cable television system, presented and read. RESOLUTION NO. 161-05 INTENT TO DISPOSE OF AN INTEREST IN REAL PROPERTY OWNED BY THE CITY OF DUBUQUE BY LEASE BETWEEN THE CITY OF DUBUQUE, IOWA AND MCC IOWA, LLC Whereas, the City of Dubuque, Iowa (City) owns the real property described as Lot 25 of Finley Home Addition in the City of Dubuque, Iowa; and Whereas, City and MCC IOWA, LLC (Mediacom) have negotiated a Lease Agreement for a part of Lot 25 of Finley Home Addition, a copy of which Lease Agreement is on file at the office of the City Clerk, City Hall, 13th and Central Avenue, Dubuque, Iowa; and Whereas, the City Council believes it is in the best interests of the City of Dubuque to approve the Lease Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City of Dubuque intends to dispose of its interest in the foregoing-described real property by Lease Agreement between City and Mediacom. Section 2. The City Clerk is hereby authorized and directed to cause this Resolution and a notice to be published as prescribed by Iowa Code Section 364.7 of a public hearing on the City's intent to dispose of the foregoing-described real property, to be held on the 200 day of May, 2005, at 6:30 o'clock p.m. at the public library auditorium, 11th & Locust, Dubuque, Iowa. Passed, approved and adopted this 18th day of April, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. An Ordinance Approving Cable Right-Of-Way Ordinance, presented and read. Cline moved that the above be set for public hearing on 512105 at a meeting to commence at 6:30 P.M. in the public library auditorium and direct the City Clerk to publish notice in the manner prescribed by law. Seconded by Markham. Motion carried 7-0. Fiscal Year 2005 Second Budget Amendment: City Manager recommending that a public Regular Session, April 18, 2005 159 hearing be set for May 2, 2005 to consider approval of the Fiscal Year 2005 Second Budget Amendment, presented and read. Cline moved that the Budget Amendment be set for public hearing on 5/2/05 at a meeting to commence at 6:30 P.M. in the public library auditorium and direct the City Clerk to publish notice in the manner prescribed by law. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 162-05 SETTING THE DATE FOR THE PUBLIC HEARING ON AMENDMENT NO. 2 TO THE FISCAL YEAR 2005 BUDGET FOR THE CITY OF DUBUQUE Whereas, Iowa Code Section 384.16 provides that the City Council shall set a time and place for a public hearing on amendments to the budget and publish such notice before the hearing as provided in Iowa Code Section 362.3. 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 proposed Amendment NO.2 to the Fiscal Year 2005 budget for the City of Dubuque at the Carnegie Stout Public Library Auditorium, 360 West 11th Street, Dubuque, Iowa on Monday, May 2, 2005, 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 budget information. Passed, approved and adopted the 18th day of April 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution and set this for public hearing for 5/2/05 at a meeting to commence at 6:30 P.M. in the public library auditorium and direct the City Clerk to publish notice in the manner prescribed by law. Seconded by Markham. Motion carried 7-0. Pennsylvania Avenue/Radford Road Sidewalk Installation Initiate: City Manager recommending initiation of the bidding process for the Pennsylvania AvenuelRadford Road Sidewalk Installation Project and that a public hearing be set for May 16, 2005, presented and read. Cline moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 163-05 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the Pennsylvania Avenue - Radford Road Sidewalk Installation Project in the estimated amount $156,908.96 are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 18th day of April,2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 164-05 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Whereas, the City Council of the City of Dubuque, Iowa has given its preliminary approval on the proposed plans, specifications, and form of contract and placed same on file in the office of the City Clerk for public inspection of the Pennsylvania Avenue - Radford Road Sidewalk Installation Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a public hearing will be held on the 16th day of May, 2005, at 6:30 p.m. in the Public Library Auditorium at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be not less than four days nor more than twenty days prior to the day fixed for its consideration. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, contract, or estimated cost of the improvement. Passed, adopted and approved this 18th day of April, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 165-05 RESOLUTION OF NECESSITY Whereas, proposed plans have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of City Clerk showing among other things the plans, specifications, form of contract, estimated cost and preliminary plat and schedule showing the amount proposed to be assessed against each lot and the valuation of each lot as filed by the City Council, for the 160 Regular Session, April 18, 2005 Pennsylvania Avenue - Radford Road Sidewalk Installation Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the City Council deems it advisable and necessary for the public welfare to make the herein mentioned improvements, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the Resolution of Necessity, they shall be deemed to have waived all objections pertaining to the regularity of the proceeding and the legality of using the special assessment procedure. Said improvements shall be constructed and done in accordance with the plans and specifications which have been approved by the City Council and now on file with the City Clerk. That the cost and expense of making such. improvement will be assessed partially or totally against privately owned property lying with the assessment limits, and in an amount not to exceed that provided by law, and in proportion to the special benefits conferred. The portion of the cost which shall be borne by the City will be paid from the Sales Tax Fund and special assessment bonds may be issued in anticipation of deferred payments of assessments when a contract has been performed and accepted, and the proceeds thereof used to pay the contractor. The above resolution was introduced, approved and ordered placed on file with the City Clerk this 18th day of April, 2005. Approved and placed on file for final action. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 166-05 FIXING DATE OF HEARING ON RESOLUTION OF NECESSITY Whereas, the City Council of the City of Dubuque, Iowa, has given its preliminary approval on the proposed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection for the Pennsylvania Avenue - Radford Road Sidewalk Installation Project; and Whereas, the proposed Resolution of Necessity for said improvement has been introduced and is now on file in the City Clerk's office for public inspection. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 16th day of May, 2005, a public hearing will be held at 6:30 p.m. in the Public Library Auditorium in the City of Dubuque at which time the owners of property subject to assessment for the proposed improvement or any other person having an interest in the matter may appear and be heard for or against the making of the improvement, the boundaries of the district, the cost, the assessment against any lot, or the final adoption of a Resolution of Necessity and the City Clerk be and is hereby authorized and directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published once each week for two consecutive weeks, the first publication of which shall be not less than ten days prior to the day fixed for its consideration. Unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the Resolution of Necessity they shall be deemed to have waived all objections thereto. Passed, adopted and' approved this 18th day of April,2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 167-05 RESOLUTION APPROVING PRELIMINARY SCHEDULE OF ASSESSMENTS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the attached sheets, Page 1 to Page 1 inclusive, are hereby determined to be the schedule of proposed assessments for the Pennsylvania Avenue - Radford Road Sidewalk Installation Project and the valuations set out herein are hereby approved. Passed, approved and adopted this 18th day of April, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 168-05 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Pennsylvania Avenue - Radford Road Sidewalk Installation Project is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the Notice to Bidders hereby approved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the construction of the Regular Session, April 18, 2005 161 improvements herein provided, to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than forty-five days prior to the receipt of said bids at 2:00 p.m. on the 10th day of May, 2005. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for final action at 6:30 p.m. on the 16th day of May, 2005. Passed, adopted and approved this 18th day of April,2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. Stafford Street Sanitary Sewer Reconstruction from High Bluff to Lincoln Avenue Project - Initiate: City Manager recommending initiation of the bidding process for the Stafford Street Sanitary Sewer Reconstruction from High Bluff to Lincoln Avenue Project and that a public hearing be set for May 16, 2005, presented and read. Cline moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 169-05 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the Stafford Street Sanitary Sewer Reconstruction Project, from High Bluff to Lincoln Avenue, in the estimated amount of $26,445.78 are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 18th day of April,2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 170-05 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Whereas, the City Council of the City of Dubuque, Iowa has given its preliminary approval on the proposed plans, specifications, and form of contract and placed same on file in the office of the City Clerk for public inspection of the Stafford Street Sanitary Sewer Reconstruction Project, from High Bluff to Lincoln Avenue. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a Public Hearing will be held on the 16th day of May, 2005, at 6:30 p.m. in the Public Library Auditorium at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be not less than four days nor more than twenty days prior to the day fixed for its consideration. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, contract, or estimated cost of the improvement. Passed, adopted and approved this 18th day of April, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 171-05 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Stafford Street Sanitary Sewer Reconstruction Project, from High Bluff to Lincoln Avenue is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED that the amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the Notice to Bidders hereby approved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, to be published in a newspaper hav,ing general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than forty-five days prior to the receipt of said bids at 2:00 p.m. on the 5th day of May, 2005. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for final action at 6:30 p.m. on the 16th day of May, 2005. Passed, adopted and approved this 18th day of April,2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. Mullen Road Sanitary Sewer Reconstruction from Asbury Road to Hillcrest Road Project - Initiate: City Manager recommending initiation of the bidding process for the Mullen Road Sanitary Sewer Reconstruction from Asbury Road to Hillcrest Road Project and that a public 162 Regular Session, April 18, 2005 hearing be set for May 16, 2005, presented and read. Cline moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 172-05 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the Mullen Road Sanitary Sewer Reconstruction Project, from Asbury Road to Hillcrest Road, in the estimated amount of $73,486.60, are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 18th day of April, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 173-05 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Whereas, the City Council of the City of Dubuque, Iowa has given its preliminary approval on the proposed plans, specifications, and form of contract and placed same on file in the office of the City Clerk for public inspection of the Mullen Road Sanitary Sewer Reconstruction Project, from Asbury Road to Hillcrest Road. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a Public Hearing will be held on the 16th day of May, 2005, at 6:30 p.m. in the Public Library Auditorium at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be not less than four days nor more than twenty days prior to the day fixed for its consideration. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, contract, or estimated cost of the improvement. Passed, adopted and approved this 18th day of April, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 174-05 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Mullen Road Sanitary Sewer Reconstruction Project, from Asbury Road to Hillcrest Road, is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the Notice to Bidders hereby approved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be . less than four days nor'more than forty-five days prior to the receipt of said bids at 2:00 p.m. on the 5th day of May, 2005. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for final action at 6:30 p.m. on the 16th day of May, 2005. Passed, adopted and approved this 18th day of April,2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. PUBLIC HEARINGS Connors moved to suspend the rules to allow anyone present to address the Council if they so desire. Seconded by Nicholson. Motion carried 7-0. Tanzanite Drive - Request to Rezone: Proof of publication on notice of hearing to consider . rezoning property from R-1 Single-Family Residential District to PUD Planned Unit Development with a PR Planned Residential District designation for property located on Tanzanite Drive as requested by Rod TschiggfrielT-Corp and Zoning Advisory Commission recommending denial, presented and read. Communication from Rodney Tschiggfrie, Vice President of T-Corp, requesting that this rezoning request be tabled to a future date, presented and read. An Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located on the south side of Tanzanite Drive from R-1 Single-Family Residential District to PUD Planned Unit Development with a PR Planned Residential District Designation and adopting a Conceptual Regular Session, April 18, 2005 163 Development Plan with conditions, presented and read. Buol moved that the proof of publication, the communications and the Ordinance be received and filed and tabled. Seconded by Cline. Motion carried 7-0. 1087 Cedar Cross Road - PUD Amendment: Proof of publication on notice of hearing to consider amending the PUD Planned Unit Development for property located at 1087 Cedar Cross Road to allow used car sales as requested by Pat and Liz Tobin and Zoning Advisory Commission recommending approval and an Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances for the amendment of Ordinance 8-98 which adopted regulations for property located south of 1095 Cedar Cross Road as a PUD Planned Unit Development District with a PC Planned Commercial District Designation and adopting. a revised Conceptual Develop- ment Plan, with conditions, presented and read. Buol moved to receive and file the proof of publication and moved 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 finally passed be suspended. Seconded by Connors. Motion carried 7-0. Buol moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion failed due to the following vote: Yeas-Connors, Markham, Nicholson. Nays-Buol, Cline, Duggan, Michalski. At 7:16 P.M. after the motion and vote for reconsideration, Mr. Tobin spoke apologizing for his lateness and clarified his actions addressing runoff problems at this site, stating he has put in a detention pond and has done all he can to visually screen the property, creating a clean business with ample parking. After Council discussion Buol moved that this be considered the first reading of the Ordinance. Seconded by Nicholson. Motion carried 7-0. Fiber Optic Conduit Phase I Project: Proof of publication on notice of hearing to consider adoption of the plans and specifications for the Fiber Optic Conduit Phase I Project and City Manager recommending award of the contract to the only bidder, Volkens, Inc., in the amount of $221,531, presented and read. Cline moved that the proof and communication be received and filed. Seconded by Connors. Motion carried 7- O. RESOLUTION NO. 175-05 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 16th day of March, 2005, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the Fiber Optic Conduit System Project - Phase 1. Whereas, notice of hearing on plans, specifications, form of contract, and estimated cost was published as required by law. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifications, form of contract and estimated cost for said improvements for said project. Passed, adopted and approved this 18th day of April, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. RESOLUTION NO.176-05 AWARDING CONTRACT Whereas, sealed proposals have been submitted by contractors for the Fiber Optic Conduit System - Phase 1 Project pursuant to Resolution No. 103-05 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa, on the 25th day of March, 2005. Whereas, said sealed proposals were opened and read on the ih day of April, 2005, and it has been determined that the bid of Volkens, Inc. of Dyersville, Iowa, in the amount of $221,531.00 was the lowest bid for the furnishings of all labor and materials and performing the work as provided for in the plans and specifications. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the contract for the above improvement be awarded to Volkens, Inc., and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contractor's bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 18th day of April, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. Markham moved that the rules be reinstated limiting discussion to the Council. Seconded by Cline. Motion carried 7-0. ACTION ITEMS Regular Session, April 18, 2005 164 Convention and Visitors Bureau - Quarterly Report: Sue Czeshinski, Dubuque Area Chamber of Commerce Convention and Visitors Bureau, to present quarterly report. Sue Czeshinski spoke and gave a very positive comprehensive report about the many conventions scheduled and the ever-increasing number of tourists coming to Dubuque. Michalski moved to receive and file her report. Seconded by Nicholson. Motion carried 7-0. Dubuque Drug Task Force: Communication from David Patton requesting the City Council to send a letter to the Dubuque Community School Board requesting that they reconsider their decision to not allow the Dubuque Drug Task Force to inspect school premises, presented and read. Cline moved to receive and file the communication and to send a letter to the School Board requesting that the Dubuque Drug Task Force be allowed to inspect school premises. Seconded by Connors. Motion failed due to the following vote: Yeas-Cline. Nays- Buol, Connors, Duggan, Markham, Michalski, Nicholson. Police Chief Wadding stressed that they have a good relationship with the schools and the School Board does know of the resources available. He stated that the School Board is in charge of the schools and the use of a canine unit to check for drugs could be disruptive. Furuseth's Sixth Subdivision: Zoning Advisory Commission recommending approval of the preliminary plat of Furuseth's Sixth Subdivision located in Dubuque County, Iowa as requested by David SchneiderlLes and Patricia Furuseth, presented and read. Cline moved that the communication be received and filed and approved recommendation. Seconded by Nicholson. Motion carried 7-0. Consolidated Plan for Housing and Community Development: City Manager recommending approval of the Fiscal Year 2006 - 2010 Consolidated Plan for the Housing and Community Development Department, presented and read. Buol moved that the communication be received and filed. Seconded by Michalski. Motion carried 7-0. RESOLUTION NO. 177-05 A RESOLUTION ADOPTING THE CONSO- LIDATED PLAN FOR HOUSING AND COMMUNITY DEVELOMENT FY 2006.2010; AUTHORIZING THE MAYOR TO EXECUTE SAID PLAN AND ALL NECESSARY CERTIFICATIONS; DESIGNATING THE CITY MANAGER AS THE AUTHORIZED CHIEF EXECUTIVE OFFICER FOR THE CONSOLIDATED PLAN; AND DIRECTING THAT SAID PLAN BE SUBMTITED TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. Whereas, the U.S. Department of Housing and Urban Development requires each entitlement city to submit a Consolidated Plan for Housing and Community Development, including the proposed use of its Community Development Block Grant funds at least 45 days prior to its program year; and Whereas, the City of Dubuque has, through a series of public meetings and hearings, finalized a Consolidated Plan addressing both housing and non-housing needs in the community; and Whereas, copies of the draft Consolidated Plan have been available for public comment 30 days prior to City Council action; and Whereas, the Housing Commission and Long Range Planning Commission have reviewed and recommended adoption of the Plan; and Whereas, the Community Development Advisory Commission has held a public hearing on the proposed plan on April 6, 2005 and approved the Consolidated Plan; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque Consolidated Plan for Housing and Community Development FY 2006-2010 be and the same is hereby approved and adopted. Section 2. That the City Council authorizes the Mayor to sign the document on behalf of the City of Dubuque, Iowa; directs the Mayor to provide all the necessary certifications required by the. U.S. Department of Housing and Urban Development; designates the City Manager as the authorized Chief Executive Officer for said Consolidated Plan; and further directs the City Manager to submit said Consolidated Plan to the U.S. Department of Housing and Urban Development by the submission deadline. Passed, approved and adopted this 18th day of April 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Michalski. Motion carried 7-0. Geraldine Drive: City Manager recommending approval of the installation of a stop sign at Valentine Drive for southbound vehicles on Geraldine Drive, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7- O. An Ordinance Amending the Code of Ordinances of the City of Dubuque, Iowa, by modifying Subsection (b) of Section 32-214 thereof providing for the addition of a stop sign Regular Session, April 18, 2005 165 on Geraldine Drive at Valentine Drive, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 27-05 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY MODIFYING SUBSECTION (b) OF SECTION 32-214 THEREOF PROVIDING FOR THE ADDITION OF A STOP SIGN ON GERALDINE DRIVE AT VALENTINE DRIVE NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordinances of the City of Dubuque, Iowa, be amended by adding Geraldine Drive to Subsection (b) of Section 32- 214 thereof as follows: Sec. 32-214. Stop Intersections. (b) . .. Southbound Geraldine Drive and Valentine Drive Passed, approved and adopted this 18th day of April, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Published officially in the Telegraph Herald newspaper this 22nd day of April, 2005. Jeanne F. Schneider, City Clerk 1t 4/22 Buol moved 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 finally passed be suspended. Seconded by Nicholson. Motion carried 7-0. Buol moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 7-0. COUNCIL MEMBER REPORTS Michalski enthusiastically shared the news that Dubuque received three awards at the recent Main Street Iowa Meeting. Michalski stated that she was uncomfortable with the disposition of the second Public Hearing, the request for rezoning of 1087 Cedar Cross Road, and that Mr. Tobin came in late and did not get a chance to speak. Michalski moved to reconsider the motion given earlier on this matter. Seconded by Buol. Motion carried 7-0. PUBLIC INPUT Attorney Art Gilloon, representing Bowling and Beyond, spoke of the impasse with the City concerning the lease for City-owned property used for volleyball leagues and stressed many athletic teams are signed up so timely action is requested. Markham directed that this matter be put on the next Council Agenda. Dave Patton spoke apologizing for his lateness and requested a letter of recommendation to the School Board to allow the Drug Task Force to inspect the schools with the canine units. Mayor Duggan clarified that this matter had been discussed and acted upon. There being no further business, Markham moved to adjourn. Seconded by Connors. Motion carried 7-0. The meeting adjourned at 7:30 P.M. Isl Jeanne F. Schneider, CMC City Clerk 1 t 4/27 Approved: 2005 Adopted 2005