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8 15 11 City Council Proceedings Official_Special and RegularCITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The City Council met in special session at 5:00 p.m. on August 15, 2011 in the Historic Fed- eral Building, 350 W. 6th Street. Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, Sutton, City Manager Van Milligen, City Attorney Lindahl Mayor Buol read the call and stated this is a special session of the City Council to conduct interviews for the position of City Clerk. SPECIAL SESSION INTERVIEWS FOR THE POSITION OF CITY CLERK The City Council conducted interviews with the following applicants for the position of City Clerk: 1. Kevin Firnstahl, Acting City Clerk, Dubuque, Iowa 2. Linda Gaul, City Clerk/Treasurer, City of Earlville, Iowa 3. Jennifer Quinton, Deputy City Clerk, City of Elgin, Illinois The City Council recessed from 5:24 p.m. to 5:42 p.m. 4. Teevie Walker, Assistant City Clerk, City of Valley Center, Kansas There being no further business, upon motion the City Council adjourned at 5:57 p.m. /s /Kevin S. Firnstahl Acting City Clerk CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS OFFICIAL The City Council met in regular session at 6:30 p.m. on August 15, 2011 in the Historic Fed- eral Building, 350 W. 6th Street. Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, Sutton, City Manager Van Milligen, City Attorney Lindahl Mayor Buol read the call and stated this is a regular session of the City Council to conduct such business that may properly come before the Council. Pledge of Allegiance Invocation was provided by Sister Amy Golm of Clarke University PROCLAMATION Kinderpalooza Day (September 8, 2011) was accepted by Peggy Johansson of the Dubu- que Community School District Professional Center, 700 Locust Street. PRESENTATION 2010 Iowa Environmental Excellence Award: Sustainable Dubuque Coordinator Cori Burbach presented the 2010 Iowa Environmental Excellence Award for Outstanding Environ- mental Leadership and Innovation. Correspondence from Lt. Governor Kim Reynolds congratulating the City of Dubuque on re- ceiving the Governor's Iowa Environmental Excellence Award for Outstanding Environmental Leadership and Innovation. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions and dispose of as in- dicated. Seconded by Connors. Motion carried 7 -0. Minutes and Reports Submitted: City Council proceedings of 8/1; Community Development Advisory Commission of 6/15; Historic Preservation Commission of 7/21; Investment Oversight Commission of 7/27; Zoning Advisory Commission of 8/1; Zoning Board of Adjustment of 7/28 Library Board of Trustees Update from Meeting of 7/28 Proofs of Publication for City Council Proceedings of 7/18; List of Claims and Summary of Revenues for Month Ended June 30, 2011 Upon motion the documents were received and filed. Notice of Claims /Suits: Patricia Bodnar for vehicle damage; Nicolas Davis for vehicle dam- age, Todd Fishnick for property damage; Rita Menadue for property damage; Michael and Nickole O'Connor for property damage; River Valley Nursery and Landscaping for payment of subcontractor work related to the Dubuque Industrial Center; Aaron Shivers for vehicle dam- age; John Sjobakken for property damage; Cathy Krueger for property damage; and George 2 Weinberg for vehicle damage. Upon motion the documents were received, filed and referred to the City Attorney. City Attorney advising that the following claims have been referred to Public Entity Risk Ser- vices of Iowa, the agent for the Iowa Communities Assurance Pool: Patricia Bodnar for vehicle damage; Nicholas Davis for vehicle damage, Todd Fishnick for property damage; Cathy Krue- ger for property damage, Rita Menadue for property damage; Kelly Schiel for personal injury; Aaron Shivers for vehicle damage; and John Sjobakken for property damage. Upon motion the documents were received, filed and concurred. Delinquent Water, Sewer, Refuse and Stormwater Collection Accounts: City Manager rec- ommending authorization to submit delinquent water, sewer, refuse and storm water collection accounts to the Dubuque County Treasurer in order to establish real property liens for collec- tion of such past due accounts. Upon motion the documents were received and filed and Resolution No. 260 -11 Adopting the Schedule of Assessments for delinquent water, sewer, re- fuse and stormwater accounts and directing the City Clerk to certify the Schedule of Assess- ments to the County Treasurer and to publish notice thereof was adopted. RESOLUTION NO. 260 -11 ADOPTING THE SCHEDULE OF ASSESSMENTS FOR DELINQUENT WATER, SEWER, REFUSE AND STORMWATER ACCOUNTS AND DIRECTING THE CITY CLERK TO CER- TIFY THE SCHEDULE OF ASSESSMENTS TO THE COUNTY TREASURER AND TO PUB- LISH NOTICE THEREOF NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That after full consideration of the Schedule of Assessments attached hereto for delinquent water, sewer, refuse, and stormwater accounts which Schedule of Assessments was filed in the office of the City Clerk on the 9th day of August, 2011, the said Schedule of Assessments be and the same is hereby approved and adopted. That there be, and is hereby assessed and levied as a lien upon the real property, the re- spective sums indicated. That the City Clerk be and is hereby directed to certify said schedule to the County Treasur- er of Dubuque County, Iowa, and to publish notice of said certification once each week for two consecutive weeks in the manner provided in Iowa Code § 362.3, the first publication of which shall be not more than fifteen days from the date of filing of the final schedule. On or before the date of the second publication of the notice, the City Clerk shall also mail a copy of said notice to property owners whose property is subject to assessment, as provided and directed in Iowa Code § 384.60. The assessments may be paid in full or in part at the Utility Billing Office, City Hall, 50 W. 13th Street, Dubuque, Iowa, at any time within 30 days after the date of the first publication of the notice of the filing of the Schedule of Assessments with the County Treasurer. After 30 days, unpaid assessments are payable at the County Treasurer's Office, Dubuque County Courthouse, 720 Central Avenue, Dubuque, Iowa, and charges shall be collected in the same manner as general property taxes against the respective parcels of the property set opposite the name of the property owner. Passed, approved and adopted this 15th day of August, 2011. Attest: Kevin S. Firnstahl, Acting City Clerk 3 Roy D. Buol, Mayor Schedule of Assessments for Delinquent Water, Sewer, Refuse and Stormwater Accounts Account Name, Service Address, Acct Bal- ance, Admin Fee, Total Balance 14th St Properties LLC, 246 E 14th St, $270 55, $5 , $275 55 Allan R Brimeyer, 327 Klingenberg Ter 70 59, 5, 75 59 Amber M Fleege, 3056 White St, 80 65, 5, 85 65 Amy J & Hulsizer, John E Shepherd, 922 Garfield Ave, 68 7, 5, 73 7 Angie Grimes, 2695 Dove St, 172 36, 5, 177 36 Anna M Riniker, 2528 Jackson St , 127 27, 5, 132 27 Antonio G Conley, 1104 Riverview St , 38 15, 5, 43 15 Asset Management Specialists, 1955 Clarke Dr , 124 6, 5, 129 6 Auto & Truck Parts Inc , 3000 Jackson St, 261 3, 5, 266 3 Bayview Investments LC, 30 W 28th St, 36 77, 5, 41 77 Best Asset, 235 Valeria St, 145 65, 5, 150 65 Bill J Finn, 2010 Shelby St, 38 75, 5, 43 75 Bill J Finn, 1860 Heeb St, 96 36, 5, 101 36 Bob J Rooney, 921 Garfield Ave, 201 09, 5, 206 09 Brandon L Hastings, 653 Wilson St, 385 58, 5, 390 58 Bryan R Glanz, 2995 Hillcrest Rd, 4125 86, 5, 4130 86 Ccrc Properties LLC, 653 Caledonia St, 274 59, 5, 279 59 Charles W Wehrspann, 3870 Creston St, 89 55, 5, 94 55 Charmayne M Mcmurray, 1855 Rhomberg Ave, 10817, 5, 11317 Chris C Clark, 2411 Rhomberg Ave, 31 15, 5, 36 15 Chris F Curfman, 82 Alpine St, 20 5, 5, 25 5 Chris J Feldman, 1675 Amy Ct, 150 94, 5, 155 94 Christopher J Mayne, 1001 Garfield Ave, 137 19, 5, 14219 Ck Concrete Construction LLC, 7869 Commerce Park, 170 81, 5, 175 81 Curtis J Prado, 2230 Francis St Apt 2, 70 56, 5, 75 56 D W Geiger, 2600 Central Ave, 211 81, 5, 216 81 Dale A Hayes, 2501 Central Ave, 39 23, 5, 44 23 Dale F Walbrun, 2300 Jackson St, 85 55, 5, 90 55 Dallas M Kalmes, 1038 Bluff St, 278 7, 5, 283 7 Dan E Loeffelholz, 1103 Thomas PI, 236 86, 5, 241 86 Daniel J Siefker, 1838 Central Ave, 7691, 5, 81 91 David A & Cecilia J Carner, 358 E 16th St, 47 6, 5, 52 6 4 David B Welsh, 775 S Grandview Ave, 95 53, 5, 100 53 David M Heinold, 2238 Central Ave, 291 65, 5, 296 65 Dawn M Snider, 154 W 23rd St, 35 12, 5, 40 12 Dean W Miller, 604 Rhomberg Ave , 56 85, 5, 61 85 Deutsche Bank National Trust, 475 Valeria St , 186 91, 5, 191 91 Don D Heim, 596 University Ave , 144 27, 5, 149 27 Donald S Rogers, 749 Wilson St , 113 56, 5, 118 56 Donovan J Nelson, 1684 W 3rd St , 2389 49, 5, 2394 49 Doug Wolff, 2020 Rockdale Rd, 61 25, 5, 66 25 Dubuque Property Investments LLC, 1395 Wal- nut St, 195 52, 5, 200 52 Edward & Leuzmila Karwoski, 1494 Jackson St, 204 24, 5, 209 24 Edward & Luzmila Karwoski, 1496 Jackson St, 201 66, 5, 206 66 Edward & Luzmila Karwoski, 1530 Jackson St, 79 51, 5, 84 51 Gary A Hansen, 2060 Ellen St, 222 95, 5, 227 95 Gary Bernhard, 1100 Roosevelt St, 149 36, 5, 154 36 Gary Bernhard, 1110 Roosevelt St, 60 91, 5, 65 91 Gary E & Susan M Bay, 1805 Jackson St, 114 72, 5, 119 72 Gary E & Susan M Bay, 1815 Jackson St, 280 59, 5, 285 59 Gary E & Susan M Bay, 321 E 22nd St, 244 92, 5, 249 92 Gary G Less, 2183 Keyway Dr, 986 89, 5, 991 89 Greg B Cray, 745 Davis St, 234 84, 5, 239 84 H & R Properties, 1586 Washington St, 79 85, 5, 84 85 Hasan Rizvic, 3375 Venture Ct, 19515, 5, 200 15 Helicon Resources LLC, 925 Nevada St Apt 3, 95 64, 5, 100 64 Helicon Resources LLC, 2413 Jackson St, 183 32, 5, 188 32 Helicon Resources LLC, 344 E 16th St, 145 1, 5, 150 1 Helicon Resources LLC, 601 E 22nd St, 158 39, 5, 163 39 Helicon Resources LLC, 1124 Locust St Apt 4, 81,5,86 Helicon Resources LLC, 925 Nevada St Apt 1, 99 92, 5, 104 92 Helicon Resources LLC, 603 E 22nd St, 326 42, 5, 331 42 Helicon Resources LLC, 1590 Locust St, 771 05, 5, 776 05 Helicon Resources LLC, 1124 Locust St , Hse Mt, 816, 5, 821 Helicon Resources LLC, 1918 Ellis St, 1131, 5, 118 1 Helicon Resources LLC, 2306 Central Ave, 141 38, 5, 146 38 Irma Reyes, 556 Clarke Dr, 28 17, 5, 33 17 Irma Reyes, 558 Clarke Dr, 43 69, 5, 48 69 J Foht, 723 Peru Rd, 149 36, 5, 154 36 James & Suzanne Callahan, 2521 Windsor Ave , 104 68, 5, 109 68 Janet M Miller, 2175 Roosevelt St, 155 9, 5, 160 9 Janet Rettenmaier, 2139 Central Ave, 151 41, 5, 156 41 Jay C Close, 689 W Locust St , 185 33, 5, 190 33 Jayme J Mescher, 2577 Glenview Cr, 122 96, 5, 127 96 Jeffrey J Welter, 695 Kane St, 147 19, 5, 152 19 Jeffrey T Smith, 1265 Thomas PI, 288 85, 5, 293 85 Jeffrey T /Kimberly Montgomery, 1555 Irving St, 331 55, 5, 336 55 Jerod F & Sarah A Bennett, 750 Kelly Ln, 198 87, 5, 203 87 Jerry D & Carla J Lanser, 1128 Roosevelt S t, 40 01, 5, 45 01 Jesse Rans, 2008 Foye St, 87, 5, 92 Jim Prine, 1040 Davis Ave, 98 41, 5, 103 41 Jody & Jason P Mccarty, 2170 Deborah Dr, 274 47, 5, 279 47 Joel F Cabral, 24 Milwaukee St, 75 26, 5, 80 26 John A & Megan R Glassbrenner, 555 W 17th St, 363 52, 5, 368 52 Joseph Healey, 1012 Wilson St, 137 82, 5, 142 82 Josh Stotts, 543 N Booth St, 361 54, 5, 366 54 Jose M Hagensten, 9 E 26th St, 56 96, 5, 61 96 Jr George E Salser, 514 Angella St , 305 27, 5, 310 27 Judy A Beecher, 55 Milwaukee St , 245 04, 5, 250 04 Julie Leclere, 2491 Hempstead St , 6 88, 5, 11 88 Kathryn A Schrauth, 410 Kaufmann Ave , 59 15, 5, 6415 Kellie L Then, 1713 Vizaleea Dr 40 07, 5, 45 07 Kenneth A Ginter, 2662 Ogle St , 122 49, 5, 127 49 Kenneth W Hines, 2165 Elm St, 45 34, 5, 50 34 Kerry S Bowman, 15615 Middle Rd , 128 4, 5, 133 4 Kevin J Klein, 2422 Washington St , 292 46, 5, 297 46 Kingdom Investment LLC, 500 Hill St , 96 72, 5, 101 72 Kress Industrial Facility LLC, Seippel Rd Com- mercial Park, 204 97, 5, 209 97 5 Kristi M Eppler, 2305 Queen St, 503 07, 5, 508 07 Larry Oglesby, 712 Hill St Apt 1, 87 48, 5, 92 48 Lester Wallis, 56 Bluff St, 88 76, 5, 93 76 Lonnie L Allen, 2565 Front St, 123 91, 5, 128 91 Mark Krolich, 743 Louise St, 114 56, 5, 119 56 Mark T Dolson, 54 Alpine St, 128 4, 5, 133 4 Marsha K Rauch, 705 W 3rd St, 45 58, 5, 50 58 Martin K Winders, 2370 Green St , 406 57, 5, 411 57 Martin Schadl, 3170 Keokuk Ct, 93 07, 5, 98 07 Maurice A Kirchberg, 1228 Jackson St , 35 42, 5, 40 42 Maurice A Kirchberg, 396 W Locust St , 121 68, 5, 126 68 MCSTAC Properties LLC, 2276 Central Ave Apt 1, 23 27, 5, 28 27 Michael J Schetgen, 3922 Inwood Ave, 133 46, 5, 138 46 Michael Kane, 2222 Washington St , 22 65, 5, 27 65 Michael Lloyd, 2046 Morningview Rd , 88 79, 5, 93 79 Michelle Scott, 607 W 8th St, 36 43, 5, 41 43 Nathan B Boyes, 1402 Lincoln Ave Apt 2, 236 57, 5, 241 57 Nathan B Boyes, 977 Cleveland Ave, 3291, 5, 334 1 Nina K Nelson, 520 Lincoln Ave, 26515, 5, 270 15 Nottingham Properties LLC, 705 Rhomberg Ave, 266 2, 5, 271 2 Ocean Rock Investments LLC, 915 Thomas PI, 460 86, 5, 465 86 Par Five F /K /A Par Five LLP, 1095 Cedar Cross Rd, 538 39, 5, 543 39 Pat F Naderman, 2124 Jackson St , 184 34, 5, 189 34 Patrick J Norton, 2739 Burden St , 164 06, 5, 169 06 Patrick R Marsh, 158 Bluff St, 88 63, 5, 93 63 Paul B Breitbach, 523 Southern Ave, 152, 5, 157 Perry D Sopina, 116 W 13th St 1st FI, 26 49, 5, 31 49 Perry Sopina, 116 W 13th St #2 2nd FI, 123 78, 5, 128 78 Philip F Schromen, 713 Peru Rd, 166 65, 5, 171 65 QHQ Properties, 4292 Dodge St, 117 09, 5, 122 09 Quattro C Properties LLC, 2672 Raven Oaks Dr, 192 48, 5, 197 48 Quattro C Properties LLC, 3392 Kennedy Cir, 242, 5, 247 Rebecca A Stover, 2875 Argyle St , 151 24, 5, 156 24 Rebecca S Brandenburg, 1404 Lincoln Ave, 239 96, 5, 244 96 Rick R & Susan K Rhomberg, 1572 Old Mill Rd, 52 62, 5, 57 62 Ricky J Hurst, 3975 Inwood Ave, 149 36, 5, 154 36 Ron Rudiger, 590 Angella St, 151 7, 5, 156 7 Ronald L Houselog, 716 E 22nd St , 37 52, 5, 42 52 Ronda S Carpenter, 2655 Beverly Ave , 199 59, 5, 204 59 Ryan A Neuhaus, 355 Kaufmann Ave , 26 78, 5, 31 78 Ryan P Hickson, 743 Cleveland Ave , 370 02, 5, 375 02 Scott M Bries, 735 Kirkwood St 2nd, 196 49, 5, 201 49 Scott Shaffer, 2911 Jackson St, 870 78, 5, 875 78 Sec of Housing & Urban Dev, 1720 Vizaleea Dr , 107 48, 5, 112 48 Secretary of Housing & Urban, 2224 Francis St Apt 1, 24 81, 5, 29 81 Secretary of Housing & Urban, 2224 Francis St, Apt 2, 24 81, 5, 29 81 Secretary Of Housing & Urban, 2222 Francis St , 57 88, 5, 62 88 Sherrie L Jones, 2790 Andrew Ct , 181 64, 5, 186 64 Stanley G Gonner, 2561 Front St , 159 9, 5, 164 9 Steven J Kaiser, 3405 Jackson St , 226 75, 5, 231 75 Steven R Runde, 3565 Key Corners, 85 31, 5, 90 31 Think Positive LLC, 545 Napier St , 292 4, 5, 297 4 Thomas Cunningham, 1576 Locust St , 58 55, 5, 63 55 Thomas J & Martha J Blake, 2301 White St , Apt 2, 168 79, 5, 173 79 Thomas J & Martha J Blake, 2414 Windsor Ave Apt 2, 84 93, 5, 89 93 Thomas J & Martha J Blake, 2214 Jackson St # 2, 147 9, 5, 152 9 Thomas J & Martha J Blake, 357 Kaufmann Ave Apt 2, 123 3, 5, 128 3 Thomas J Wernimont, 1328 Jackson S t, 169 03, 5, 174 03 Timothy K Manning, 1552 Locust St , 104 49, 5, 109 49 Tina M Pluemer, 890 Pleasant St , 367 8, 5, 372 8 Tom E Connolly, 2900 Indiana Ave, 111 15, 5, 116 15 Tom J Ede, 3951 Inwood Ave , 149 36, 5, 154 36 Tri State Property Mgmt , 2271 Washington St #2,723,5,773 Tri -State Property Management, 539 Pickett St, 271 07, 5, 276 07 Tri -State Property Management, 545 Pickett St, 295 38, 5, 300 38 Vikki L Vondran, 2490 Green St , 151 94, 5, 156 94 Wayne & Allie Ross, 556 W 17th St , 57 65, 5, 62 65 Wendy T & David A Miller, 82 Collins St , 155 58, 5, 160 58 West Locust Properties LLC, 450 W Locust St , 125 79, 5, 130 79 West Locust Properties LLC, 464 W Locust St , Business, 208 94, 5, 213 94 West Locust Properties LLC, 440 W Locust St , 144 48, 5, 149 48 William J Homing, 1218 Lincoln Ave, 295 99, 5, 300 99 William L Delaney, 554 W Locust St , 84 49, 5, 89 49 Office of the City Assessor: Communication from Richard A. Engelken, City Assessor, ad- vising the City that the Board of Review has four appeals before the Property Assessment Ap- peal Board in Des Moines and four appeals filed with the Iowa District Court. Upon motion the document was received and filed. Bee Branch Creek Restoration Project - 1502 Maple Street: City Manager recommending approval acquisition of the property at 1502 Maple Street for $73,000 for the Bee Branch Creek Restoration Project. Upon motion the documents were received and filed and Resolu- tion No. 261 -11 Approving the acquisition of real estate owned by Milton E. Schwartz in the City of Dubuque was adopted. RESOLUTION NO. 261 -11 A RESOLUTION APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY MILTON E. SCHWARTZ IN THE CITY OF DUBUQUE Whereas, the City of Dubuque intends to acquire certain properties located in the area of the Bee Branch Creek Restoration Project for stormwater mitigation activities as recommended in the 2001 "Drainage Basin Master Plan," and 6 Whereas, a purchase agreement has been finalized with the owner of the property sched- uled 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 320 in East Dubuque Addition No. 2, in the City of Dubuque, Dubuque County, Iowa At the cost of Seventy Five Thousand and 00/100 Dollars ($75,000.00). Section 2. That the City of Dubuque be and is hereby authorized to accept a Warranty Deed from the owner, conveying the owner's interest to the City of Dubuque, Iowa for the herein de- scribed real estate. Section 3. That the City Clerk be and is hereby authorized and directed to cause said War- ranty Deed to be recorded in the office of the Dubuque County Recorder, together with certi- fied copy of the Resolution. Section 4. That the City Clerk be and is hereby directed to forward a copy of this Resolution to the Dubuque County Assessor and the Dubuque County Auditor. Passed, approved and adopted this 15th day of August, 2011. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, Acting City Clerk Carnegie -Stout Public Library Renovation Project — Contract No. 7: City Manager recom- mending acceptance of the construction contract from the Carnegie -Stout Public Library Reno- vation Project — Contract No. 7, Roofing, as completed by Geisler Brothers in the final amount of $101,020.82. Upon motion the documents were received and filed and Resolution No. 262- 11 Accepting the Carnegie -Stout Public Library Renovation Project — Contract No. 7, Roofing, and Authorizing the Payment of the contract amount to the contractor was adopted. RESOLUTION NO. 262 -11 ACCEPTING THE CARNEGIE -STOUT PUBLIC LIBRARY RENOVATION PROJECT, CON- TRACT NO. 7 — ROOFING AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the Carnegie -Stout Public Library Renova- tion Project, Contract No. 7 — Roofing (the Project) has been completed and the City Engineer has examined the work and filed a certificate stating that the Project has been completed ac- cording to the terms of the Public Improvement Contract and that the City Engineer recom- mends that the Project be accepted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the General Obligation Bonds (TIF Abated), Library Renovation General Funds, Library Fund - Raising (cash and pledges), Curtis Collection Sale, and Heade Painting Sale appropriations for the contract amount of $101,020.82, less any retained percentage provided for therein as provided in Iowa Code Chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code Chapter 573. Passed, approved and adopted this 15th day of August, 2011. Attest: Kevin S. Firnstahl, Acting City Clerk 7 Roy D. Buol, Mayor CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF THE CARNEGIE -STOUT PUBLIC LIBRARY RENOVATION PROJECT, CONTRACT NO. 7 — ROOFING The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the Carnegie -Stout Public Library Renovation Project, Contract No. 7— Roofing, that the Project has been performed in compliance with the terms of the Public Improvement Con- tract, and that the total cost of the completed work is $101,020.82. Dated this 10th day of August 2011. Robert Schiesl, Assistant City Engineer Filed in the office of the City Clerk on the 10th day of August, 2011. Kevin S. Firnstahl, Acting City Clerk Carnegie -Stout Public Library Renovation Project — Contract No. 8: City Manager recom- mending acceptance of the construction contract for the Carnegie -Stout Public Library Reno- vation Project — Contract No. 8, Elevator, as completed by Tricon Construction in the final con- tract amount of $132,600. Upon motion the documents were received and filed and Resolution No. 263 -11 Accepting the Carnegie -Stout Public Library Renovation Project — Contract No. 8 and authorizing the payment of the contract amount to the contractor was adopted. RESOLUTION NO. 263 -11 ACCEPTING THE CARNEGIE -STOUT PUBLIC LIBRARY RENOVATION PROJECT, CON- TRACT NO. 8 — ELEVATOR AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the Carnegie -Stout Public Library Renova- tion Project, Contract No. 8 - Elevator (the Project) has been completed and the City Engineer has examined the work and filed a certificate stating that the Project has been completed ac- cording to the terms of the Public Improvement Contract and that the City Engineer recom- mends that the Project be accepted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the General Obligation Bonds (TIF Abated), Library Renovation General Funds, Library Fund - Raising (cash and pledges), Curtis Collection Sale, and Heade Painting Sale appropriations for the contract amount of $132,600.00 less any retained percentage provided for therein as provided in Iowa Code Chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code Chapter 573. Passed, approved and adopted this 15th day of August, 2011. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, Acting City Clerk CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF THE CARNEGIE -STOUT PUBLIC LIBRARY RENOVATION PROJECT, CONTRACT NO. 8 — ELEVATOR The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the Carnegie -Stout Public Library Renovation Project, Contract No. 8 — Elevator, that the Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $132,600.00. Dated this 10th day of August, 2011. 8 Robert Schiesl, Assistant City Engineer Filed in the office of the City Clerk on the 10th day of August, 2011. Kevin S. Firnstahl, Acting City Clerk IA 32 and Asbury Road Turn Lane Improvements: City Manager recommending acceptance of the construction contract for the IA 32 and Asbury Road Turn Lane Improvements Project as completed by Eastern Iowa Excavating and Concrete, LLC in the final contract amount of $436,288.34. Upon motion the documents were received and filed and Resolution No. 264 -11 Accepting the IA 32 and Asbury Road Turn Lane Improvements Project, Iowa DOT Project No. STP -32- 1(30)-- 2C -31, and authorizing the payment of the contract amount to the contractor was adopted. RESOLUTION NO. 264 -11 ACCEPTING THE IA 32 AND ASBURY ROAD TURN LANE IMPROVEMENTS PROJECT, IOWA DOT PROJECT NO. STP -32- 1(30)- -2C -31 AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the IA 32 and Asbury Road Turn Lane Im- provements Project - Iowa DOT Project No. STP -32- 1(30) -2C -31 (the Project) has been completed and the City Engineer has examined the work and filed a certificate stating that the Project has been completed according to the terms of the Public Improvement Contract and that the City Engineer recommends that the Project be accepted; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from STP Fund- ing, Northwest Arterial TSF Capacity Improvements, Northwest Arterial Capacity Improve- ments, and Traffic Consultant Services appropriations for the contract amount of $436,228.34 less any retained percentage provided for therein as provided in Iowa Code chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code chapter 573. Passed, approved and adopted this 15th day of August, 2011. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, Acting City Clerk CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF THE IA 32 AND ASBURY ROAD TURN LANE IMPROVEMENTS PROJECT, IOWA DOT PROJECT NO. STP- 32- 1(30)- -2C-31 The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the IA 32 and Asbury Road Turn Lane Improvements Project - Iowa DOT Project No. STP -32- 1(30)- 2C -31, that the Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $539,728.83. Dated this 10th day of August, 2011. Robert Schiesl, Assistant City Engineer Filed in the office of the City Clerk on the 10th day of August, 2011. Kevin S. Firnstahl, Acting City Clerk Historic White Water Creek Bridge Phase 3 – Bridge Abutments: City Manager Recom- mending acceptance of the improvements and authorizing payment of the contract amount of 9 $51,837.50 to Tschiggfrie Excavating, Inc. for the Historic White Water Creek Bridge Reloca- tion Project, Phase 3 - Bridge Abutments. Upon motion the documents were received and filed and Resolution No. 265 -11 Accepting the Historic White Water Creek Bridge Relocation Pro- ject, Phase 3 - Bridge Abutments and authorizing the payment of the contract amount to the contractor was adopted. RESOLUTION NO. 265 -11 ACCEPTING THE HISTORIC WHITE WATER CREEK BRIDGE RELOCATION PROJECT, PHASE 3 - BRIDGE ABUTMENTS AND AUTHORIZING THE PAYMENT OF THE CON- TRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the Historic White Water Creek Bridge Relo- cation Project, Phase 3 - Bridge Abutments (the Project) has been completed and the City En- gineer has examined the work and filed a certificate stating that the Project has been complet- ed according to the terms of the Public Improvement Contract and that the City Engineer rec- ommends that the Project be accepted; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the White Water Creek Bridge Relocation capital improvement appropriation for the contract amount of $51,837.50 less any retained percentage provided for therein as provided in Iowa Code Chap- ter 573, and to pay such retainage only in accordance with the provisions of Iowa Code Chap- ter 573. Passed, approved and adopted this 15th day of August, 2011. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, Acting City Clerk CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF THE HISTORIC WHITE WATER CREEK BRIDGE RELOCATION PROJECT, PHASE 3 - BRIDGE ABUTMENTS The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the Historic White Water Creek Bridge Relocation Project, Phase 3 - Bridge Abut- ments, and that said Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $57,509.07. Dated this 9th day of August, 2011. Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 10th day of August, 2011. Kevin S. Firnstahl, Acting City Clerk 2011 Detention Basin Maintenance Program: City Manager recommending approval of the final assessments for the FY2011 Detention Basin Maintenance Program. Upon motion the documents were received and filed and Resolution No. 266 -11 Adopting the Final Assessment Schedule for the Fy2011 Detention Basin Maintenance Project was adopted. RESOLUTION NO. 266 -11 ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR THE FY2011 DETENTION BASIN MAINTENANCE PROJECT NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 10 After full consideration, the Final Schedule of Assessments as shown on the attached sheet, is hereby approved for the FY2011 Detention Basin Maintenance Project. There is hereby assessed and levied as a special tax against and upon each of the benefit- ed properties, the respective sums indicated. The amounts shown in said Final Schedule of Assessments as deficiencies are found to be proper and levied conditionally against the re- spective properties benefited by the improvements as shown in the Final Schedule of Assess- ments, subject to the provisions of Iowa Code § 384.63. Said assessments against said lots are hereby declared to be in proportion to the special benefits conferred and not in excess of twenty -five percent of the value of same. The City Clerk be and is hereby directed to certify the Final Schedule of Assessments to the County Treasurer of Dubuque County, Iowa, and to publish notice of said certification once each week for two consecutive weeks in the manner provided in Iowa Code § 362.3, the first publication of which shall be not more than fifteen days from the date of filing of the Final Schedule of Assessments. On or before the date of the second publication of the notice, the City Clerk shall also mail a copy of said notice to property owners whose property is subject to assessment, as provided in Iowa Code § 384.60. The assessments may be paid in full or in part without interest at the office of the City Treasurer, City Hall, 50 W. 13th Street, Dubuque, Iowa, at any time within 30 days after the date of the first notice of the Final Schedule of Assessments. Thereafter, unpaid assessments of $100.00 or more are payable in 10 annual installments at the County Treasurer's Office, Dubuque County Courthouse, 720 Central Avenue, Dubuque, Iowa, and will draw annual in- terest at nine percent (9 %) computed to December 1 next following the due dates of the re- spective installments as provided in Section 384.65 of the Code of Iowa. Each installment will be delinquent from October 1 following its due date on July 1 of each year. However, when the last day of September is a Saturday or Sunday, that amount shall be delinquent from the se- cond business day of October. Delinquent installments will draw the same delinquent interest as ordinary taxes. Property owners may elect to pay any annual installments semi - annually in advance. Passed, approved and adopted this 15th day of August, 2011. Attest: Kevin S. Firnstahl, Acting City Clerk 11 Roy D. Buol, Mayor City Of Dubuque, Iowa FY 2011 Detention Basin Maintenance Assessments Final Schedule of Assessments Date: August 2, 2011 The following schedule is hereby determined to show each lot proposed to be assessed for the improvement shown in the title together with the amount proposed to be assessed against each lot and the valuations shown opposite each lot are hereby fixed as the true valuations of such lots by the City Council of the City of Dubuque. PROPERTY OWNER NAME; LOT DESCRIPTION; PARCEL NUMBER; MAILING AD- DRESS; DETENTION BASIN MAINTENANCE ASSESSMENT; TOTAL NET ASSESSMENT D & J Cox Investments Llc Lot 2 Cedar Ridge Amundson, Karen K Lot 1 -3 Blk 1 Arbor Estates Farm Place #5 1034401021 3162 Cedar Crest 1016231014 3200 Arboretum Drive Dubuque, la Ridge Dubuque la 52003 3160 Cedar Crest Ridge $ 52001 3200 Arboretum Drive $ 70 00 $ 70 00 141 32 $ 141 32 Andracchio, Charles & Dawn Lot 3 Blk 4 Arbor Dalberg, Gregory J & Lori A Lot 2 Blk 4 Arbor Es- Estates 1016228003 3216 Arrowwood Lane Dubu- tates 1016228002 3206 Arrowwood Lane Dubuque, que, la 52001 3216 Arrowwood Lane $ 70 00 $ la 52001 3206 Arrowwood Lane $ 70 00 $ 70 00 70 00 Dietz, Patrick J & Renee A Lot 4 Blk 4 Arbor Es- Anstoetter, John J & Joan M Lot 2 -4 Blk 1 Arbor tates 1016228004 3222 Arrowwood Lane Dubuque, Estates 1016231011 3230 Arboretum Drive Dubu- la 52001 3222 Arrowwood Lane $ 70 00 $ 70 00 que, la 52001 3230 Arboretum Drive $ 70 00 $ Dominguez, Lorenzo & Olguin, Lisbhet Lot 9 70 00 Elmwood Green Sub 1014405025 2616 Lobo Lane Avenarius, Randy E & Dawn M Lot 8 Blk 1 Arbor Dubuque, la 52001 2616 Lobo Lane $ 44 17 $ 44 17 Estates 1016231008 3310 Arboretum Drive Dubu- Dorman, Michael R Lot 3 Elmwood Green Sub que, la 52001 3310 Arboretum Drive $ 70 00 $ 1014406008 2645 Lobo Lane Dubuque, la 52001 70 00 2645 Lobo Lane $ 44 17 $ 44 17 Bahl, Roger P Jr & Jennifer K Lot 7 Blk 4 Arbor Ellis, Christine L Lot 10 Elmwood Green Sub Estates 1016228007 3240 Arrowwood Lane Dubu- 1014405024 2628 Lobo Lane Dubuque, la 52001 que, la 52001 3240 Arrowwood Lane $ 70 00 $ 2628 Lobo Lane $ 44 17 $ 44 17 70 00 Everhart, Lance Patrick Lot 18 Emerald Acres # 1 Bahr, Mickey & Linda Lot 3 Indiana Sub 1001354006 136 18th St Apt 202 Rock Island II 1027126025 3050 Indiana Ct Dubuque la 52001 61201 705 Tanzanite Drive $ 33 89 $ 33 89 3050 Indiana Ct $ 76 88 $ 76 88 Felderman, Donald G & Carole Lot 12 BIk 6 Ar- Bakken, Eric M & Tracy S Lot 1 Indiana Sub No2 bor Estates 1016232001 3321 Arrowwood Lane 1027126027 3045 Indiana Ct Dubuque la 52001 Dubuque, la 52002 3321 Arrowwood Lane $ 70 00 $ 3045 Indiana Ct $ 76 88 $ 76 88 70 00 Benson, Sean M & Jennifer Lot 8 Elmwood Fischer, Donald J & Irene E Lot 2 -36 BIk 1 Har- Green Sub 1014452027 2608 Lobo Lane Dubuque, vest View Estates 1st Add 1016377035 2319 Har- la 52001 2608 Lobo Lane $ 44 17 $ 44 17 vest View Drive Dubuque la 52002 2319 Harvest Biggin, Robert H & Judith A Lot 9 BIk 5 Arbor Es- View Drive $ 11 91 $ 11 91 tates 1016227020 3253 Arrowwood Lane Dubuque, Fitzpatrick, Michael P Lot 10 Harvest View Es- la 52001 3253 Arrowwood Lane $ 70 00 $ 70 00 tates 4th Add 1016327004 2585 Wheatland Drive Boardman, David J & Diane M Lot 11 BIk 5 Arbor Dubuque la 52002 2585 Wheatland Drive $ 11 91 $ Estates 1016227022 3206 Bittersweet Lane Dubu- 11 91 que, la 52001 3206 Bittersweet Lane $ 70 00 $ Flores, Gerald L & Blanca E Lot 12 BIk 1 Harvest 70 00 View Estates First Addition 1016378017 2381 Mat - Broughton Investments, Bob Lot 6 Cedar Ridge thew John Drive Dubuque la 52002 2381 Matthew Farm Place #4 1034401015 95 Westside Court John Drive $ 11 91 $ 11 91 Dubuque la 52001 3120 Cedar Crest Ridge $ Flores, Gerardo A Lot 1 -33 BIk 1 Harvest View 224 29 $ 224 29 Estates First Addition 1016377042 2359 Harvest Chapman, Daniel J & Lynn M Lot 11 Emerald View Drive Dubuque la 52001 2359 Harvest View Acres #1 1001356005 4205 Tanzanite Court Dubu- Drive $ 11 91 $ 11 91 que la 52001 4205 Tanzanite Court $ 33 89 $ 33 89 Foley, Donald D & Shirley M Lot 3 Harvest View Chapman, Richard S Lot 2 -3 BIk 1 Arbor Estates Estates 2nd Add 1016376008 2489 Wheatland Drive 1016231015 3210 Arboretum Drive Dubuque, la Dubuque la 52002 2489 Wheatland Drive $ 11 91 $ 52001 3210 Arboretum Drive $ 70 00 $ 70 00 11 91 12 Ford, Edwin D & Staci L Lot 6 Harvest View Es- tate Fifth Add 1016381005 2482 Millstone Drive Dubuque la 52002 2482 Millstone Drive $ 11 91 $ 11 91 Francis, Kevin J & Connie A Lot 24 Blk 1 Harvest View Estates First Addition 1016378005 2400 Wheatland Drive Dubuque la 52002 2400 Wheat- land Drive $ 11 91 $ 11 91 Gasper, Lawrence J Lot 11 Blk 4 Arbor Estates 1016228011 3260 Arrowwood Lane Dubuque, la 52001 3260 Arrowwood Lane $ 70 00 $ 70 00 Geisler, Bernadine M As Truste Lot 2 -14 Blk 1 Harvest View Estates 1st Add 1016378043 2347 Matthew John Drive Dubuque la 52002 2347 Mat- thew John Drive $ 11 91 $ 11 91 Gibson, William J Iii & Joan M Lot 1 -4 Blk 1 Arbor Estates 1016231010 3220 Arboretum Drive Dubu- que, la 52001 3220 Arboretum Drive $ 70 00 $ 70 00 Gilkes, Dean R & Heather E Lot 1 Harvest View Estates 4th Add 1016379026 2560 Matthew John Drive Dubuque la 52002 2560 Matthew John Drive $ 1191$1191 Giunta li, Francis J & Joanne Lot 11 Blk 1 Har- vest View Estates First Addition 1016378018 2397 Matthew John Drive Dubuque la 52002 2397 Mat- thew John Drive $ 11 91 $ 11 91 Gorrepati, Krishnarao & Lot 26 Harvest View Es- tates Fifth Add 1016377028 2459 Millstone Drive Dubuque la 52002 2459 Millstone Drive $ 11 91 $ 11 91 Granovsky, Philip A & Peggy A Lot 2 -21 Blk 1 In Harvest View Estates 1st Add 1016378037 2346 Harvest View Drive Dubuque la 52002 2346 Harvest View Drive $ 11 91 $ 11 91 Gremmels, Mark L & Debra A Lot 14 Harvest View Estates 2nd Add 1016379011 3662 Seville Drive Dubuque la 52002 2416 Matthew John Drive $ 1191$1191 Groshens, Darry E & Rebecca S Lot 8 Harvest View Estates 2nd Add 1016378026 2501 Matthew John Drive Dubuque la 52002 2501 Matthew John Drive$ 1191$1191 Gruber, Francis M & Connie M Lot 6 Harvest View Estates 4th Add 1016327009 2581 Matthew John Dr Dubuque la 52002 2581 Matthew John Drive$ 1191$1191 Gudenkauf, Mark J & Carie A Lot 3 Harvest View Estates Fifth Add 1016381008 2493 Hilton Springs Drive Dubuque la 52002 2493 Hilton Springs Drive $ 1191$1191 Hafeman, Roger L & Judith A Lot 33 Harvest View Estates Fifth Add 1016377021 2555 Millstone Drive Dubuque la 52002 2555 Millstone Drive $ 1191$1191 Hall, Randall M & April L Lot 6 Blk 1 Harvest View Estates First Addition 1016379001 3970 Cedar Heights Court Dubuque la 52002 3970 Cedar Heights Court $ 11 91 $ 11 91 13 Hamilton, Chad & Bridget Lot 7 Indiana Sub 1027126021 3015 Indiana Court Dubuque la 52001 3015 Indiana Court $ 76 88 $ 76 88 Hammerand, Jeffrey R & Shannon Lot 6 Elmwood Green Sub 1014452025 2604 Lobo Lane Dubuque, la 52001 - $ 44 17 $ 44 17 Hammerand, Jeffrey R & Shannon Lot 7 Elmwood Green Sub 1014452026 2604 Lobo Lane Dubuque, la 52001 2604 Lobo Lane $ 44 17 $ 44 17 Hansen, Mark E & Martha J Lot 2 -7 Blk 1 Arbor Estates 1016231019 3290 Arboretum Drive Dubu- que, la 52001 3290 Arboretum Drive $ 70 00 $ 70 00 Hass, Cynthia L & Susan M Lot 5 Harvest View Estates 4th Add 1016327008 2597 Matthew John Drive Dubuque la 52002 2597 Matthew John Drive $ 1191$1191 Helle, Kathy A Lot 12 Harvest View Estates 4th Add 1016327002 2553 Wheatland Drive Dubuque la 52002 2553 Wheatland Drive $ 11 91 $ 11 91 Helle, Martin D Lot 8 Harvest View Estates 4th Add 1016327006 2553 Wheatland Drive Dubuque la 52002 $ 11 91 $ 11 91 Hennagir, Peggy E Lot 2 -15 Blk 1 Harvest View Estates 1st Add 1016378033 2331 Matthew John Drive Dubuque la 52002 2331 Matthew John Drive $ 1191$1191 Hense, Kevin A & Mary L Lot 18 Harvest View Estates 2nd Add 1016379015 2480 Matthew John Drive Dubuque la 52002 2480 Matthew John Drive $ 1191$1191 Hentges, John P & Carla S Lot 8 Blk 4 Arbor Es- tates 1016228008 3246 Arrowwood Lane Dubuque, la 52001 3246 Arrowwood Lane $ 70 00 $ 70 00 Herrig, Michael T & Wendy A Lot 34 Harvest View Estates Fifth Add 1016377020 2571 Millstone Drive Dubuque la 52002 2571 Millstone Drive $ 1191$1191 Hingtgen, Dan J & Mae L Lot 10 Harvest View Estates 2nd Add 1016378024 2469 Matthew John Drive Dubuque la 52002 2469 Matthew John Drive $ 1191$1191 Hirsch, Jan M Lot 3 Harvest View Estates 3rd Add 1016379023 2528 Matthew John Drive Dubu- que la 52002 2528 Matthew John Drive $ 11 91 $ 11 91 Hodge, Tamara L Lot 1 Harvest View Estate Fifth Add 1016381010 2563 Hilton Springs Drive Dubu- que la 52002 2563 Hilton Springs Drive $ 11 91 $ 11 91 Hoeger, Mark A & Donna J Lot 1 -1 Blk 1 Harvest View Estates First Addition 1016379027 2302 Mat- thew John Drive Dubuque la 52002 2302 Matthew John Drive $ 11 91 $ 11 91 Hoerner, William W & Kathleen Lot 11 Harvest View Estates 2nd Add 1016378023 2453 Matthew John Drive Dubuque la 52002 2453 Matthew John Drive$ 1191$1191 Holesinger, David A & Marianne Lot 16 Harvest View Estates 2nd Add 1016379013 2448 Matthew John Drive Dubuque la 52002 2448 Matthew John Drive$ 1191$1191 Hollensed, William C & Lorna M Lot 8 Indiana Sub 1027126022 541 Hill Glen Ellyn II 60137 3005 Indiana Court $ 76 88 $ 76 88 Holz, James M & Melissa A Lot 1 Indiana Sub 1027126024 3010 Indiana Court Dubuque la 52001 3010 Indiana Court $ 76 88 $ 76 88 Hoyer, Dennis P & Sandra K Lot 2 BIk 7 Arbor Estates 1016229001 3318 Arrowwood Lane Dubu- que, la 52001 3318 Arrowwood Lane $ 70 00 $ 70 00 Jackson, Kristine M Lot 9 BIk 4 Arbor Estates 1016228009 3252 Arrowwood Lane Dubuque, la 52001 3252 Arrowwood Lane $ 70 00 $ 70 00 Jewett, Wayne M & Irene M Lot 2 -34 BIk 1 Har- vest View Estates 1st Add 1016377018 2351 Har- vest View Drive Dubuque la 52002 2351 Harvest View Drive $ 11 91 $ 11 91 Judge, Randall H & Patricia J Lot 22 BIk 1 Har- vest View Estates First Addition 1016378007 2364 Harvest View Drive Dubuque la 52002 2364 Harvest View Drive $ 11 91 $ 11 91 Kaufmann, Eric A & Julie A Lot 21 Harvest View Estates Fifth Add 1016376022 2456 Hilton Springs Drive Dubuque la 52002 2456 Hilton Springs Drive $ 1191$1191 Kelly, Kim M Lot 24 Harvest View Estates Fifth Add 1016377030 2427 Millstone Drive Dubuque la 52002 2427 Millstone Drive $ 11 91 $ 11 91 Kern, Rodney J & Laurie A Lot 5 Elmwood Green Sub 1014452024 2605 Lobo Lane Dubuque, la 52001 2605 Lobo Lane $ 44 17 $ 44 17 Key City Properties Llc Lot 2 Cedar Ridge Farm Place #4 1034401011 15637 North Cascade Road Dubuque la 52068 3125 Cedar Crest Ridge $ 19318 $ 19318 Kivlahan Farms Lc BIk 2 Arbor Estates 1016230001 4922 Wild Flower Drive Dubuque, la 52002 $ 70 00 $ 70 00 Kivlahan Farms Lc Lot 1 BIk 1 Arbor Estates 1016231001 4922 Wild Flower Drive Dubuque, la 52002 3300 W 32nd Street $ 70 00 $ 70 00 Kivlahan Farms Lc Lot 2 BIk 1 Arbor Estates 1016231002 4922 Wild Flower Drive Dubuque, la 52002 3350 W 32nd Street $ 70 00 $ 70 00 Klatt, Herbert G & Eganhouse, Lot 5 Emerald Acres #1 1001356011 760 Tanzanite Drive Dubuque la 52002 760 Tanzanite Drive $ 33 89 $ 33 89 Klauer, Randall J & Duffy, Lot 12 Harvest View Estates 2nd Add 1016378022 2437 Matthew John Drive Dubuque la 52002 2437 Matthew John Drive $ 1191$1191 Kluck, Jonathan P Lot 19 Harvest View Estates 2nd Add 1016379016 2496 Matthew John Dr Dubu- que la 52001 2496 Matthew John Dr $ 11 91 $ 11 91 14 Kolf, F James & Molly A Lot 1 -4 Blk 1 Harvest View Estates First Addition 1016379024 2342 Mat- thew John Drive Dubuque la 52002 2342 Matthew John Drive $ 11 91 $ 11 91 Kreiling, Jeffrey R & Trudy L LOt 27 Blk 1 Harvest View Estates First Addition 1016378002 2448 Wheatland Drive Dubuque la 52002 2448 Wheat - land Drive $ 11 91 $ 11 91 Krueger, Otto S & Vrotsos, Lot 8 Harvest View Estates 3rd Add 1016376011 2521 Wheatland Drive Dubuque la 52002 2521 Wheatland Drive $ 11 91 $ 11 91 Kubesheski, Joseph A & Cindy L Lot 17 Harvest View Estates Fifth Add 1016376018 2520 Hilton Springs Drive Dubuque la 52002 2520 Hilton Springs Drive $ 11 91 $ 11 91 Kuntz, Gerald W & Virginia I Lot 4 Elmwood Green Sub 1014406009 2621 Lobo Lane Dubuque, la 52001 2621 Lobo Lane $ 44 17 $ 44 17 Labee, James W & Bonita A Lot 2 -4 BIk 1 Har- vest View Estates First Addition 1016379025 2340 Matthew John Drive Dubuque la 52002 2340 Mat- thew John Drive $ 11 91 $ 11 91 Laird, Mark A & Shelley N Lot 7 BIk 1 Harvest View Estates First Addition 1016379008 3960 Cedar Heights Court Dubuque la 52002 3960 Cedar Heights Court $ 11 91 $ 11 91 Laprell, John R & Pamela J Lot 1 -6 BIk 1 Arbor Estates 1016231016 3260 Arboretum Drive Dubu- que, la 52001 3260 Arboretum Drive $ 70 00 $ 70 00 Larsen, Eric R & Catherine Lot 19 Harvest View Estates Fifth Add 1016376020 2488 Hilton Springs Drive Dubuque la 52002 2488 Hilton Springs Drive $ 1191$1191 Latham, Gary W & Lavonne L Lot 1 -14 BIk 1 Harvest View Estates 1st Add 1016378042 2349 Matthew John Drive Dubuque la 52002 2349 Mat- thew John Drive $ 11 91 $ 11 91 Leibfried, Daniel R & Denise M Lot 6 BIk 5 Arbor Estates 1016227017 3229 Arrowwood Lane Dubu- que, la 52001 3229 Arrowwood Lane $ 70 00 $ 70 00 Leibfried, George V & Connie M BIk 1 Lot 2 -20 Harvest View Estates 1st Addition 1016378020 2330 Harvest View Drive Dubuque la 52002 2330 Harvest View Drive $ 11 91 $ 11 91 Leibfried, Richard A & Mary Lot 2 -18 BIk 1 Har- vest View Estates 1st Add 1016378045 2300 Har- vest View Drive Dubuque la 52002 2300 Harvest View Drive $ 11 91 $ 11 91 Leibfried, Richard J & Joyce F Lot 12 Emerald Acres #1 1001356004 4225 Tanzanite Drive Dubu- que la 52001 4225 Tanzanite Drive $ 33 89 $ 33 89 Leibfried, Roger L & Nancy K Lot 13 BIk 4 Arbor Estates 1016228013 3310 Arrowwood Lane Dubu- que, la 52001 3310 Arrowwood Lane $ 70 00 $ 70 00 Leibold, Terrance J & Joan M Lot 9 Harvest View Estate Fifth Add 1016381002 2530 Millstone Drive Dubuque la 52002 2530 Millstone Drive $ 11 91 $ 11 91 Leuchs, David A & Karla A Lot 6 Indiana Sub 1027126020 3025 Indiana Court Dubuque la 52001 3025 Indiana Court $ 76 88 $ 76 88 Lewis, Bradley & Stacey Lot 10 Blk 5 Arbor Es- tates 1016227021 3259 Arrowwood Lane Dubuque, la 52001 3259 Arrowwood Lane $ 70 00 $ 70 00 Lewis, Wayne T & Janice G Lot 1 -5 Blk 1 Arbor Estates 1016231012 3240 Arboretum Drive Dubu- que, la 52001 3240 Arboretum Drive $ 70 00 $ 70 00 Lex, Douglas E & Tanya D Lot 4 Harvest View Estates 2nd Add 1016376007 2473 Wheatland Drive Dubuque la 52002 2473 Wheatland Drive $ 11 91 $ 11 91 Lilly, Lorraine D Lot 2 Elmwood Green Sub 1014406007 2651 Lobo Lane Dubuque, la 52001 2651 Lobo Lane $ 44 17 $ 44 17 Luthro, Alice E & James B Lot 2 -35 Blk 1 Harvest View Estates 1st Addition 1016377014 2335 Harvest View Drive Dubuque la 52002 2335 Harvest View Drive$ 1191$1191 Mai, Steven J & Jennifer A Lot 11 Harvest View Estate Fifth Add 1016376012 2592 Hilton Springs Drive Dubuque la 52002 2592 Hilton Springs Drive $ 1191$1191 Manders, Jeffery R & Dawn M Lot 5 Cedar Ridge Farm Place #4 1034401014 11243 Oakland Farms Rd Dubuque la 52003 3140 Cedar Crest Ridge $ 250 22 $ 250 22 Maneman, Terrence H & Cathy M Lot 2 -1 Blk 1 Harvest View Estates First Addition 1016379028 2300 Matthew John Drive Dubuque la 52002 2300 Matthew John Drive $ 11 91 $ 11 91 Marshall, Jon J & Mia Jo Lot 1 Blk 5 Arbor Es- tates 1016227012 3201 Arrowwood Lane Dubuque, la 52001 3201 Arrowwood Lane $ 70 00 $ 70 00 Martin, Bobby G & Kay M Lot 6 Harvest View Es- tates 3rd Add 1016327011 2544 Wheatland Drive Dubuque la 52002 2544 Wheatland Drive $ 11 91 $ 11 91 Metz, Thomas C & Mary K Lot 1 -3 Blk 1 Harvest View Estates First Addition 1016379018 2324 Mat- thew John Drive Dubuque la 52002 2324 Matthew John Drive $ 11 91 $ 11 91 Meyer, Gregory R & Linda L Lot 15 Harvest View Estates 2nd Add 1016379012 2432 Matthew John Dr Dubuque la 52002 2432 Matthew John Dr $ 1191$1191 Miller, Larry C & Joan E Lot 23 Blk 1 Harvest View Estates First Addition 1016378006 2380 Har- vest View Drive Dubuque la 52002 2380 Harvest View Drive $ 11 91 $ 11 91 Modukuri, Ravi & Annapurna Lot 25 Harvest View Estates Fifth Add 1016377029 2443 Millstone 15 Drive Dubuque la 52002 2443 Millstone Drive $ 1191$1191 Mozena, Terry K Lot 1 -32 Blk 1 Harvest View Es- tates First Add 1016377036 900 West 3rd Street Dubuque la 52001 2367 Harvest View Drive $ 11 91 $ 11 91 Mozena, Terry K Lot 2 -33 Blk 1 Harvest View Es- tates First Addition 1016377041 900 West 3rd Street Dubuque la 52001 2357 Harvest View Drive $ 11 91 $ 11 91 Mueller, Melody A Lot 19 Emerald Acres # 1 1001354005 685 Tanzanite Drive Dubuque la 52001 685 Tanzanite Drive $ 33 89 $ 33 89 Muir, Mark W & Mary Kay Lot 5 Harvest View Es- tates 2nd Add 1016378031 2464 Wheatland Drive Dubuque la 52002 2464 Wheatland Drive $ 11 91 $ 11 91 Mundschenk, Bruce A & Patricia Lot 10 Emerald Acres #1 1001356006 4200 Tanzanite Court Dubu- que la 52001 4200 Tanzanite Court $ 33 89 $ 33 89 Nauman, Charles M Lot 11 Elmwood Green Sub 1014405023 800 Kane Street Dubuque, la 52001 800 Kane Street $ 44 17 $ 44 17 Neumann Jr, Richard W & Lot 7 Emerald Acres #1 1001356009 4230 Tanzanite Court Dubuque la 52001 4230 Tanzanite Court $ 33 89 $ 33 89 Nicks, John M & Betty G Lot 2 -32 Blk 1 Harvest View Estates First Add 1016377037 2361 Harvest View Drive Dubuque la 52002 2361 Harvest View Drive$ 1191$1191 Nilles, Gwen M Lot 1 -2 Blk 1 Harvest View Es- tates First Addition 1016379020 2310 Matthew John Drive Dubuque la 52002 2310 Matthew John Drive $ 1191$1191 Nowers, Thomas S & Betty Ann Lot 1 -35 Blk 1 Harvest View Estates 1st Addition 1016377013 2337 Harvest View Drive Dubuque la 52002 2337 Harvest View Drive $ 11 91 $ 11 91 Oberfoell, James E & Carol J Lot 5 Harvest View Estate Fifth Add 1016381006 2445 Hilton Springs Dr Dubuque la 52002 2445 Hilton Springs Dr $ 11 91 $ 11 91 Oberhoffer, David & Cynthia Lot 7 Blk 5 Arbor Estates 1016227018 3237 Arrowwood Lane Dubu- que, la 52001 3237 Arrowwood Lane $ 70 00 $ 70 00 Odobasic, Zlatko & Hamida Lot 8 Blk 1 Harvest View Estates First Addition 1016379009 3955 Cedar Heights Court Dubuque la 52003 3955 Cedar Heights Court $ 11 91 $ 11 91 Perry Investments LLC Lot 1 Cedar Ridge Farm Place #5 1034401020 10600 Freedom Ridge Drive Dubuque la 52003 3170 Cedar Crest Ridge $ 329 31 $ 329 31 Pfeiler, Charles M & Barbara L Lot 4 Blk 5 Arbor Estates 1016227015 3219 Arrowwood Lane Dubu- que, la 52001 3219 Arrowwood Lane $ 70 00 $ 70 00 Pierce, Ross J Lot 22 Harvest View Estates Fifth Add 1016376023 2440 Hilton Springs Drive Dubu- que la 52002 2440 Hilton Springs Drive $ 11 91 $ 11 91 Pierro, Justin P & Tammy M Lot 35 Harvest View Estates Fifth Add 1016377019 2587 Millstone Drive Dubuque la 52002 2587 Millstone Drive $ 11 91 $ 11 91 Powers, Dennis J & Carol A Lot 7 Cedar Ridge Farm Place #4 1034401016 767 Brookview Square Dubuque la 52003 3100 Cedar Crest Ridge $ 19966$19966 Raap, Brian C & Stacy L Beyer Lot 5 Blk 5 Arbor Estates 1016227016 3223 Arrowwood Lane Dubu- que, la 52001 3223 Arrowwood Lane $ 70 00 $ 70 00 Rambousek, Julie A Lot 27 Harvest View Estates Fifth Add 1016377027 2475 Millstone Drive Dubu- que la 52002 2475 Millstone Drive $ 11 91 $ 11 91 Redmond, Randy R Lot 2 Harvest View Estates 3rd Add 1016378027 2517 Matthew John Dr Dubu- que la 52002 2517 Matthew John Dr $ 11 91 $ 11 91 Richard, Gerald D & Patricia H Lot 3 Harvest View Estates 4th Add 1016328001 2608 Matthew John Drive Dubuque la 52002 2608 Matthew John Drive$ 1191$1191 Riedl, John P & Laura L Lot 8 Emerald Acres #1 1001356008 4220 Tanzanite Court Dubuque la 52001 4220 Tanzanite Court $ 33 89 $ 33 89 Riley, James W & Heather L Lot 20 Harvest View Estates Fifth Add 1016376021 2472 Hilton Springs Drive Dubuque la 52002 2472 Hilton Springs Drive $ 1191$1191 Rink, Timothy J & Finnin, Lot 9 Harvest View Es- tates 4th Add 1016327005 2576 Wheatland Drive Dubuque la 52002 2576 Wheatland Drive $ 11 91 $ 11 91 Rimc Ltd Lot 2 Cedar Ridge Farm Place No 6 1034401022 1252 North Wood Street #3 Dubuque la 60622 3135 Cedar Crest Ridge $ 219 11 $ 219 11 Roberts, Jeffrey D & Kathryn G Lot 28 Blk 1 Har- vest View Estates First Addition 1016376004 2457 Wheatland Drive Dubuque la 52002 2457 Wheat - land Drive $ 11 91 $ 11 91 Rothenberger, Tod D & Jill L Lot 29 Harvest View Estates Fifth Add 1016377025 2507 Millstone Drive Dubuque la 52002 2507 Millstone Drive $ 11 91 $ 11 91 Rrtc Properties Llc Lot 1 Cedar Ridge Farm Place #4 1034401012 15940 Sandestin Dr Dubuque la 52002 1075 Cedar Cross Road $ 212 62 $ 212 62 Ruden, Michael A & Susan M Lot 10 Blk 4 Arbor Estates 1016228010 3256 Arrowwood Lane Dubu- que, la 52001 3256 Arrowwood Lane $ 70 00 $ 70 00 Runde, Jean E Lot 1 -18 Blk 1 Harvest View Es- tates 1st Add 1016378044 2302 Harvest View 16 Dubuque la 52002 2302 Harvest View $ 11 91 $ 11 91 Scales, Stephen D & Jill M Lot 5 Indiana Sub 1027126019 3035 Indiana Ct Dubuque la 52001 3035 Indiana Ct $ 76 88 $ 76 88 Schleter, Daniel M & Jean M Lot 5 Blk 4 Arbor Estates 1016228005 3228 Arrowwood Lane Dubu- que, la 52001 3228 Arrowwood Lane $ 70 00 $ 70 00 Schloz, Mary E Etal Lot 2 -5 Blk 1 Arbor Estates 1016231013 3250 Arboretum Drive Dubuque, la 52001 3250 Arboretum Drive $ 70 00 $ 70 00 Schultz, Michael J & Meghan Rm Lot 28 Harvest View Estates Fifth Add 1016377026 2491 Millstone Drive Dubuque la 52002 2491 Millstone Drive $ 1191$1191 Schultz, Robert J & Jennifer L Lot 31 Harvest View Estates Fifth Add 1016377023 2523 Millstone Drive Dubuque la 52002 2523 Millstone Drive $ 1191$1191 Serd, Gregory A & Sin Son Lot 3 Blk 5 Arbor Es- tates 1016227014 3213 Arrowwood Lane Dubuque, la 52001 3213 Arrowwood Lane $ 70 00 $ 70 00 Sgt Investments Llc Blk 3 Arbor Estates & Lot 1a Arbor Estates 1016201016 8753 Jennifer Court Dubuque, la 52003 3350 Kennedy Road $ 70 00 $ 70 00 Sheppard, Luke J & Law, Lot 14 Harvest View Estates 5th Add 1016376015 2552 Hilton Springs Drive Dubuque la 52002 2552 Hilton Springs Drive $ 1191$1191 Sievers, Frederick M & Mary F Lot 15 Harvest View Estates 5th Add 1016376016 2544 Hilton Springs Dr Dubuque la 52002 2544 Hilton Springs Dr$1191$1191 Smith, Bradford K & Sarah A Lot 10 Harvest View Estate Fifth Add 1016381001 2546 Millstone Drive Dubuque la 52002 2546 Millstone Drive $ 11 91 $ 11 91 Smith, Daniel M & Janice M Lot 11 Harvest View Estates 4th Add 1016327003 2569 Wheatland Dr Dubuque la 52002 2569 Wheatland Dr $ 11 91 $ 11 91 Smith, Richard J & Joyce M Lot 1 -36 Blk 1 Har- vest View Estates 1st Add 1016377034 2321 Har- vest View Drive Dubuque la 52002 2321 Harvest View Drive $ 11 91 $ 11 91 Soat, David J & Linda L Lot 8 Blk 5 Arbor Estates 1016227019 3243 Arrowwood Lane Dubuque, la 52001 3243 Arrowwood Lane $ 70 00 $ 70 00 Soppe, Chad & Jessica Lot 1 Blk 7 Arbor Estates 1016229002 3316 Arrowwood Lane Dubuque, la 52001 3316 Arrowwood Lane $ 70 00 $ 70 00 Spensley, Thomas W & Janice D Lot 25 Blk 1 Harvest View Estates First Addition 1016378004 2416 Wheatland Drive Dubuque la 52002 2416 Wheatland Drive $ 11 91 $ 11 91 Spinoso, Joseph C & Shirley R Lot 5 Harvest View Estates 3rd Add 1016327012 2549 Matthew John Drive Dubuque la 52002 2549 Matthew John Drive$ 1191$1191 St Stephen's Food Bank Lot 1 Cedar Ridge Farm Place #6 1034401023 3145 Cedar Crest Rdg Dubu- que la 52002 3145 Cedar Crest Ridge $ 77 79 $ 77 79 Standorf, Jeffrey J & Tamara S Lot 11 Blk 6 Ar- bor Estates 1016232002 3201 Bittersweet Lane Dubuque, la 52001 3201 Bittersweet Lane $ 70 00 $ 70 00 Steffen, James F & Karilyn M Lot 2 Harvest View Estates 4th Add 1016328002 2600 Matthew John Drive Dubuque la 52002 2600 Matthew John Drive $ 1191$1191 Stillmunkes, Ethel M Lot 1 -16 Blk 1 Harvest View Estates First Addition 1016378038 2319 Matthew John Drive Dubuque la 52002 2319 Matthew John Drive $ 11 91 $ 11 91 Stricker, Winnifred R & Robert Lot 2 -2 Blk 1 Har- vest View Estates First Addition 1016379021 2308 Matthew John Drive Dubuque la 52002 2308 Mat- thew John Drive $ 11 91 $ 11 91 T -Corp Lot 1 Emerald Acres #1 1001356015 425 Julien Dubuque Drive Dubuque la 52003 $ 33 89 $ 33 89 T -Corp Lot 14 Emerald Acres #1 1001356002 425 Julien Dubuque Drive Dubuque la 52003 $ 3389$3389 T -Corp Lot 15 Emerald Acres #1 1001356001 425 Julien Dubuque Drive Dubuque la 52003 $ 3389$3389 T -Corp Lot 16 Emerald Acres #1 1001354008 425 Julien Dubuque Drive Dubuque la 52003 $ 3389$3389 T -Corp Lot 17 Emerald Acres #1 1001354007 425 Julien Dubuque Drive Dubuque la 52003 $ 3389$3389 T -Corp Lot 2 Emerald Acres #1 1001356014 425 Julien Dubuque Drive Dubuque la 52003 $ 33 89 $ 33 89 T -Corp Lot 3 Emerald Acres #1 1001356013 425 Julien Dubuque Drive Dubuque la 52003 $ 33 89 $ 33 89 T -Corp Lot 6 Emerald Acres #1 1001356010 425 Julien Dubuque Drive Dubuque la 52003 $ 33 89 $ 33 89 T -Corp Lot 9 Emerald Acres #1 1001356007 425 Julien Dubuque Drive Dubuque la 52003 $ 33 89 $ 33 89 Terwilleger, John S & Julia M Lot 1 -7 Blk 1 Arbor Estates 1016231018 3280 Arboretum Drive Dubu- que, la 52001 3280 Arboretum Drive $ 70 00 $ 70 00 Theisen, James A & Patricia A Lot 2 Blk 5 Arbor Estates 1016227013 3207 Arrowwood Lane Dubu- que, la 52001 3207 Arrowwood Lane $ 70 00 $ 70 00 Tigges, Mary E Blk 1 Lot 1 -20 Harvest View Es- tates 1st Addition 1016378019 2332 Harvest View 17 Drive Dubuque la 52002 2332 Harvest View Drive $ 1191$1191 Timmerman, Randy J & Tina M Lot 13 Harvest View Estates 2nd Add 1016378021 2413 Matthew John Drive Dubuque la 52002 2413 Matthew John Drive$ 1191$1191 Topf, Mark D & Elizabeth M Lot 7 Harvest View Estates 4th Add 1016327010 2565 Matthew John Drive Dubuque la 52002 2565 Matthew John Drive $ 1191$1191 Tran, Tuan M & Nguyen, Trang T Lot 8 Harvest View Estate Fifth Add 1016381003 2514 Millstone Drive Dubuque la 52002 2514 Millstone Drive $ 1191$1191 Trotter, Jon D & Diane K Lot 12 Harvest View Es- tate Fifth Add 1016376013 2576 Hilton Springs Dubuque la 52002 2576 Hilton Springs $ 11 91 $ 11 91 Udelhofen, Gerald & Joan Lot 2 Indiana Sub 1027126023 3030 Indiana Ct Dubuque la 52001 3030 Indiana Ct $ 76 88 $ 76 88 Ungs, Peter John Lot 1 Harvest View Estates 3rd Add 1016378028 2512 Wheatland Drive Dubuque la 52002 2512 Wheatland Drive $ 11 91 $ 11 91 Vandermillen, Daniel J & Tammy Lot 12 Blk 4 Ar- bor Estates 1016228012 3300 Arrowwood Lane Dubuque, la 52001 3300 Arrowwood Lane $ 70 00 $ 70 00 Waelchli, Fredrick J & Lynn A Lot 7 Harvest View Estates 3rd Add 1016376010 2537 Wheatland Drive Dubuque la 52002 2537 Wheatland Drive $ 11 91 $ 11 91 Walsh, Michael P & Mary Alice Lot 2 -6 Blk 1 Ar- bor Estates 1016231017 3270 Arboretum Drive Dubuque, la 52001 3270 Arboretum Drive $ 70 00 $ 70 00 Webb, John Lot 1 Blk 4 Arbor Estates 1016228001 3200 Arrowwood Lane Dubuque, la 52001 3200 Arrowwood Lane $ 70 00 $ 70 00 Westside Arterial Development Lot 1 -36 Harvest View Estates 5th Add 1016327014 137 Main Street Suite 400 Dubuque la 52001 $ 11 91 $ 11 91 Westside Arterial Development Lot 2 -36 Harvest View Estates 5th Add 1016327015 137 Main Street Suite 400 Dubuque la 52001 $ 11 91 $ 11 91 Wiebersch, Rita M Lot 2 -17 Blk 1 Harvest View Estates First Add 1016378041 2301 Matthew John Drive Dubuque la 52002 2301 Matthew John Drive $ 1191$1191 Wiltfang, Dennis L & Joyce Lot 12 Elmwood Green Sub 1014405022 2640 Lobo Lane Dubuque, la 52001 2640 Lobo Lane $ 44 17 $ 44 17 Wolff, Julie A Lot 6 Blk 4 Arbor Estates 1016228006 3234 Arrowwood Lane Dubuque, la 52001 3234 Arrowwood Lane $ 70 00 $ 70 00 Woods, Richard J & Lynette E Lot 4 Harvest View Estate Fifth Add 1016381007 2477 Hilton Springs Dubuque la 52002 2477 Hilton Springs $ 1191$1191 Wullweber, Brian J & Lori L Lot 13 Emerald Acres 52001 660 Tanzanite Drive $ 33 89 $ 33 89 #1 1001356003 660 Tanzanite Drive Dubuque la Dubuque Stamping & Manufacturing Company: City Manager recommending an amend- ment to the Development Agreement with Dubuque Stamping & Manufacturing, Inc. and R & S Realty, LLC. Upon motion the documents were received and filed and Resolution No. 267 -11 Approving the First Amendment to the Dubuque Stamping & Manufacturing, Inc. and R & S Realty, LLC Development Agreement was adopted. RESOLUTION NO. 267 -11 APPROVING THE FIRST AMENDMENT TO THE DUBUQUE STAMPING & MANUFACTUR- ING, INC. AND R & S REALTY, LLC DEVELOPMENT AGREEMENT Whereas, a Development Agreement (the Agreement), dated March 2, 2009, was entered into by and between the City of Dubuque, a municipal corporation of the State of Iowa (City), Dubuque Stamping & Manufacturing, Inc. (Developer) and R & S Realty, LLC, an Iowa Limited Liability Company (Owner); and Whereas, City, Dubuque Stamping & Manufacturing, Inc. and R & S Realty, LLC now desire to amend the Development Agreement as set forth attached First Amendment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the First Amendment of the Dubuque Stamping & Manufacturing, Inc. and R & S Realty, LLC Development Agreement is hereby approved. Section 2. That the Mayor is hereby authorized and directed to execute said First Amend- ment on behalf of the City of Dubuque and the City Clerk is authorized and directed to attest to his signature. Section 3. That the City Manager is authorized to take such actions as are necessary to im- plement the terms of the First Amendment as herein approved. Passed, approved and adopted this 15th day of August, 2011. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, Acting City Clerk Safe Community Task Force: City Manager recommending that the City not adopt the preservation briefs of the National Park Service. Upon motion the documents were received, filed and approved. Historic Preservation Commission — Four Mounds Estate Site Plan Historic Preservation Commission requesting approval of additional funding associated with the Historic District Pub- lic Improvement Project (HDPIP) - Four Mounds Estate Site Plan. Upon motion the documents were received, filed and approved. Water and Sanitary Services Funding Request: City Manager recommending the realloca- tion of funds to pay for a utility - related study examining the impacts of extending sewer and water to the Airport. Upon motion the documents were received, filed and approved. AIMS Parking Enforcement Software Module: City Manager recommending the purchase of an additional payment software module from AIMS, the Parking Division software vendor, which will enhance the online availability to customers and provide a more seamless and relia- ble system for the processing of payments. Upon motion the documents were received, filed, and approved. 18 Iowa Department of Natural Resources — State Revolving Fund: City Manager transmitting correspondence from Patti Cale- Finnegan, SRF Coordinator for the Iowa Department of Natu- ral Resources advising the City of Dubuque of the terms of a loan forgiveness for a portion of the Clean Water Sate Revolving Fund for the Upper Bee Branch Creek Project. Upon motion the documents were received and filed. Site Plan Review - 3390 Lake Ridge Drive / Rose of Dubuque, LP: Zoning Advisory Com- mission recommending approval of the site plan for a new, three - story, assisted living center located at 3390 Lake Ridge Drive as requested by Greg McClenahan for Rose of Dubuque, LP. Upon motion the documents were received, filed, and approved. Intermodal Transportation System — Grant Applications: City Manager recommending sub- mittal of two grant applications to provide funding for the Dubuque Intermodal Transportation System in the Historic Millwork District. Upon motion the documents were received, filed, and approved. Temporary Help for Processing Roofing Permits: City Manager recommending approval to hire a part -time clerical worker to assist with the increased work load due to the increase in roofing permits related to the hail storm and the increase in mechanical permits due to the re- cent flooding, subject to a future budget amendment. Upon motion the documents were re- ceived, filed, and approved. General Obligation Bonds Series 2011A and Taxable General Obligation Bonds Series 2011 B: City Manager recommending approval of the suggested proceedings to complete the action required on the recent Series 2011A and 2011B bond issuance. Upon motion the documents were received and filed and Resolution No. 268 -11 Appointing Registrar and Paying Agent Se- ries 2011A, Resolution No. 269 -11 Authorizing the issuance of the Bonds Series 2011A, Reso- lution No. 270 -11 Appointing Registrar and Paying Agent Series 2011 B, and Resolution No. 271 -11 Resolution authorizing and providing for the issuance of $1,590,000 Taxable General Obligation Bonds, Series 2011 B, and levying a tax to pay said bonds were adopted. RESOLUTION NO. 268 -11 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, $6,330,000 General Obligation Bonds, Series 2011A, 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 certifi- cates 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 OF DUBUQUE, IOWA: 19 Section 1. That Wells Fargo Bank, National Association of Des Moines, Iowa, is hereby ap- pointed to serve as Paying Agent, Bond Registrar and Transfer Agent in connection with the issuance of $6,330,000 General Obligation Bonds, Series 2011A, 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 and approved this 15th day of August, 2011. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, Acting City Clerk RISE Application and Commitment of Local Match: City Manager recommending approval of RISE application and commitment of local match for 7th and Commercial Streets. Upon motion the documents were received and filed and Resolution No. 272 -11 Endorsing the submission of a Revitalize Iowa's Sound Economy (RISE) application to the Iowa Department of Transpor- tation for the construction of 7th and Commercial Streets was adopted. RESOLUTION NO. 269 -11 RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $6,330,000 GENERAL OBLIGATION BONDS, SERIES 2011A, 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, recon- struction, improvement and equipping of waterworks, water mains and extensions, including water main and fire hydrant replacements, pump station and laboratory improvements and well field electrical upgrades; the construction of the Southwest Arterial freeway improvements; the acquisition of solid waste collection vehicles; the construction of the Bee Branch Creek Resto- ration Project and the acquisition of real property and right -of -way for the same; the acquisition of flood control barriers; the construction, reconstruction, improvement and repair of sanitary sewer works and facilities, including the installation of forcemain and sewer main extensions, the rehabilitation, reconstruction and replacement of existing sanitary sewers, and the acquisi- tion, installation, replacement and improvement of pumping stations, motors, flow monitoring and other sanitary sewer control equipment and facilities; and the payment of costs associated with the stipulated civil penalty and supplemental environmental project required under the Consent Decree with federal and state authorities concerning the Water Pollution Control Plant and sanitary sewer system, essential corporate purposes, and it is deemed necessary and ad- visable that General Obligation Bonds 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 not to exceed $7,035,000 General Obligation Bonds for such purposes; and Whereas, the Issuer also is in need of funds to pay costs of the rehabilitation, renovation and reconstruction of the former 18th Street Fire Engine House #1, including the provision of construction financing to the private developer undertaking the rehabilitation of the same; and the re- tamping of the Iowa Street Parking Ramp facility, general corporate purposes, and it is deemed necessary and advisable that General Obligation Bonds be issued for said purposes; and Whereas, pursuant to notice published as required by Section 384.26(5) of said Code, this Council has held a public meeting and hearing upon the proposal to institute proceedings for 20 the issuance of said Bonds, and the Council is therefore now authorized to proceed with the issuance of not to exceed $700,000 General Obligation Bonds for such purposes; and Whereas, pursuant to the provisions of Chapter 75 of the Code of Iowa, $6,330,000 General Obligation Bonds, Series 2011A, 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 Resolu- tion unless the text expressly or by necessary implication requires otherwise: ❑ "Authorized Denominations" shall mean $5,000 or any integral multiple thereof. ❑ "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. ❑ "Bond Fund" shall mean the fund created in Section 3 of this Resolution. ❑ "Bonds" shall mean $6,330,000 General Obligation Bonds, Series 2011A, authorized to be issued by this Resolution. ❑ "Cede & Co." shall mean Cede & Co., the nominee of DTC, and any successor nomi- nee of DTC with respect to the Bonds. ❑ "Continuing Disclosure Certificate" shall mean that certain Continuing Disclosure Cer- tificate 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. ❑ "Depository Bonds" shall mean the Bonds as issued in the form of one global certifi- cate for each maturity, registered in the Registration Books maintained by the Registrar in the name of DTC or its nominee. ❑ "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. ❑ "Issuer" and "City" shall mean the City of Dubuque, Iowa. ❑ "Participants" shall mean those broker - dealers, banks and other financial institutions for which DTC holds Bonds as securities depository. ❑ "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 pre- scribed herein as Issuer's agent to provide for the payment of principal of and interest on the Bonds as the same shall become due. ❑ "Project Fund" shall mean the fund required to be established by this Resolution for the deposit of the proceeds of the Bonds. ❑ "Rebate Fund" shall mean the fund so defined in and established pursuant to the Tax Exemption Certificate. ❑ "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. ❑ "Representation Letter" shall mean the Blanket Issuer Letter of Representations exe- cuted and delivered by the Issuer to DTC on file with DTC. ❑ "Resolution" shall mean this resolution authorizing the Bonds. 21 ❑ "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. ❑ "Treasurer" shall mean the Finance Director 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 in- terest 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: Amount Fiscal year (July 1 to June 30) Year of collection $615,742 2012/2013 $463,081 2013/2014 $457,781 2014/2015 $457,481 2015/2016 $454,381 2016/2017 $456,131 2017/2018 $452,581 2018/2019 $453,881 2019/2020 $454,881 2020/2021 $455,581 2021/2022 $455,981 2022/2023 $456,081 2023/2024 $460,881 2024/2025 $464,788 2025/2026 $466,838 2026/2027 $467,400 027/2028 $472,400 2028/2029 $470,600 2029/2030 $473,200 2030/2031 (NOTE: For example the levy to be made and certified against the taxable valuations of January 1, 2011 will be collected during the fiscal year commencing July 1, 2012.) (b) Resolution to be Filed With County Auditor. A certified copy of this Resolution should be filed with the County Auditor of Dubuque County, State of Iowa, and said Auditor is hereby in- structed 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 whatso- ever. (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. 22 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 "GEN- ERAL OBLIGATION BOND FUND 2011A" (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 au- thorized 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 there- from for the purposes of issuance. Any amounts on hand in the Project Fund shall be available for the payment of the principal of or interest on the 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 Resolu- tion. 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, provid- ed for by Section 3 of this Resolution shall be invested in investments permitted by Chapter 12B, Code of Iowa, 2011, as amended, or deposited in financial institutions which are mem- bers 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 any one financial institution shall be continuously secured in compliance with Chapter 12C of the Code of Iowa, 2011, as amended, or otherwise by a val- id 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 re- quired 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 $6,330,000, shall be issued pursuant to the provisions of Sections 384.25 and 384.26(5) of the City Code of Io- wa for the aforesaid purposes. The Bonds shall be designated "GENERAL OBLIGATION BOND, SERIES 2011A ", 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 June 1, 2012, and semiannually thereafter on the Ist 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 attest- ed 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 Reso- lution; 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 denomi- nation of $5,000 or multiples thereof. The Bonds shall mature and bear interest as follows: Principal Interest Maturity Amount Rate June 1st $260,000 2.000% 2013 $265,000 2.000% 2014 $265,000 2.000% 2015 $270,000 3.000% 2016 $275,000 3.000% 2017 $285,000 3.000% 2018 $290,000 3.000% 2019 23 $300,000 3.000% 2020 $310,000 3.000% 2021 $320,000 3.000% 2022 $330,000 3.000% 2023 $340,000 3.000% 2024 $355,000 3.125% 2025 $370,000 3.500% 2026 $385,000 3.750% 2027 $400,000 3.750% 2028 $420,000 4.000% 2029 $435,000 4.000% 2030 $455,000 4.000% 2031 (b) Redemption. Bonds maturing after June 1, 2018 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 ordinary mail to the registered owner of the Bond. Failure to give such notice by mail to any registered owner of the Bonds or any de- fect 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 ma- turity 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, owner- ship, 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 pre- paid 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 infor- mation 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 24 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 Bond holder 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 provi- sions 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 func- tions 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 De- nominations 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 ac- cordance 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 oth- er 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 au- thorized 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 transfer- 25 ee (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 de- nomination 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 deliv- ered by the Registrar. (c) Registration of Transferred Bonds. In all cases of the transfer of the Bonds, the Regis- trar shall register, at the earliest practicable time, on the Registration Books, the Bonds, in ac- cordance 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 pre- sented 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 inter- est thereon, for the benefit of the owner of such Bonds who shall thereafter be restricted exclu- sively 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 inter- est 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 Issu- er'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 re- quests. Section 9. Reissuance of Mutilated, Destroyed, Stolen or Lost Bonds. In case any outstand- ing 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 mu- tilated, destroyed, stolen or lost, in exchange and substitution for such mutilated Bond to Reg- istrar, upon surrender of such mutilated Bond, or in lieu of and substitution for the Bond de- stroyed, 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 26 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 ex- penses as the Issuer may incur in connection therewith. Section 10. Record Date. Payments of principal and interest, otherwise than upon full re- demption, 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 pre- ceding 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 on- ly 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 Authentica- tion 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 bene- fits 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 au- thentication 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 [provided]. 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 384.25 and 384.26(5) of the City Code of Iowa, for the purpose of paying costs of the acquisition, construction, reconstruction, improvement and equipping of waterworks, water mains and extensions, including water main and fire hydrant replacements, pump station and laboratory improvements and well field elec- trical upgrades; the construction of the Southwest Arterial freeway improvements; the acquisi- tion of solid waste collection vehicles; the construction of the Bee Branch Creek Restoration Project and the acquisition of real property and right -of -way for the same; the acquisition of flood control barriers; the construction, reconstruction, improvement and repair of sanitary sewer works and facilities, including the installation of forcemain and sewer main extensions, the rehabilitation, reconstruction and replacement of existing sanitary sewers, and the acquisi- tion, installation, replacement and improvement of pumping stations, motors, flow monitoring and other sanitary sewer control equipment and facilities; and the payment of costs associated with the stipulated civil penalty and supplemental environmental project required under the Consent Decree with federal and state authorities concerning the Water Pollution Control Plant 27 and sanitary sewer system; and the re- tamping of the Iowa Street Parking Ramp facility, 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 pay- ment is made to Cede & Co. or to such other Issuer as is requested by an authorized repre- sentative 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, 2018 may be called for redemption by the Issuer and paid be- fore 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 ordinary mail to the registered owner of the Bond. Failure to give such notice by mail to any registered owner of the Bonds or any de- fect 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 ma- turity 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 provi- sions for registration and transfer contained in the Bond Resolution. This Bond is a "qualified tax - exempt obligation" designated by the City for purposes of Sec- tion 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, ac- cording 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 continu- ing 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 irrevo- cably pledged for the prompt payment hereof, both principal and interest; and the total indebt- edness of the Issuer including this Bond, does not exceed the constitutional or statutory limita- tions. 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 the 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. 28 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 hereun- der 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 regu- lations 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 arbi- trage bonds. Without limiting the generality of the foregoing, the Issuer hereby agrees to com- ply with the provisions of the Tax Exemption Certificate and the provisions of the Tax Exemp- tion 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 com- plete the Tax Exemption Certificate in all respects and to execute and deliver the Tax Exemp- tion Certificate at issuance of the Bonds to certify as to the reasonable expectations and cove- nants 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 out- standing that the Issuer through its officers, (a) will make such further specific covenants, rep- resentations and assurances as may be necessary or advisable; (b) comply with all represen- tations, covenants and assurances contained in the Tax Exemption Certificate, which Tax Ex- emption 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 ex- cess arbitrage profits relating to the Bonds;(e) file such forms, statements and supporting doc- uments 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 ap- plicable 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 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 seek- ing specific performance by court order, to cause the Issuer to comply with its obligations un- der 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 re- 29 spect 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 Reso- lution 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 reso- lutions and parts of ordinances and resolutions in conflict herewith are hereby repealed. Passed and approved this 15th day of August, 2011. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, Acting City Clerk RESOLUTION NO. 270 -11 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, $1,590,000 Taxable General Obligation Bonds, Series 2011 B, 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 OF DUBUQUE, STATE OF IOWA: Section 1. That Wells Fargo Bank, National Association of Des Moines, Iowa, is hereby ap- pointed to serve as Paying Agent, Bond Registrar and Transfer Agent in connection with the issuance of $1,590,000 Taxable General Obligation Bonds, Series 2011B, 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 and approved this 15th day of August, 2011. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, Acting City Clerk RESOLUTION NO. 271 -11 RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $1,590,000 TAXABLE GENERAL OBLIGATION BONDS, SERIES 2011B, 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 Chapter 403 of the Code of Iowa and the Amended and Restated Urban Renewal Plans for the Dubuque Industrial Center West 30 Economic Development District and the Greater Downtown Urban Renewal Area, including those costs associated with grading and road construction on the South Siegert Farm area of DICW, and emergency repairs to the Port of Dubuque Parking Ramp and related litigation ex- penses, essential corporate purposes, and it is deemed necessary and advisable that General Obligation Bonds 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 to the amount of not to exceed $1,265,000, and the Council is therefore now authorized to proceed with the issuance of General Obligation Bonds for such purposes; and Whereas REAS, the City also is in need of funds to pay costs of the rehabilitation, renova- tion and reconstruction of the former 18th Street Fire Engine House #1, including the provision of construction financing to the private developer undertaking the rehabilitation of the same; and the re- tamping of the Iowa Street Parking Ramp facility, general corporate purposes, and it is deemed necessary and advisable that General Obligation Bonds be authorized for said pur- pose; and Whereas, the City has a population of more than 5,000 but not more than 75,000 and the amount of the Bonds to be issued is not more than $700,000; and Whereas, pursuant to notice published as required by Section 384.26 (5) of said Code, the Council of the City has held a public meeting and hearing upon the proposal to institute pro- ceedings for the issuance of Bonds for general corporate purposes in the amount as above set forth, and, no petition for referendum having been received, the Council is therefore now au- thorized to proceed with the issuance of $700,000 General Obligation Bonds for such purpos- es; and Whereas, pursuant to Section 384.28 of the City Code of Iowa, it has previously been de- termined that the various general obligation bonds authorized as hereinabove described shall be combined for the purpose of issuance in a single issue of Taxable General Obligation Bonds, Series 2011 B, in the principal amount of $1,590,000 as hereinafter set forth; and Whereas, pursuant to the provisions of Chapter 75 of the Code of Iowa, the above men- tioned 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 Resolu- tion unless the text expressly or by necessary implication requires otherwise: ❑ "Authorized Denominations" shall mean $5,000 or any integral multiple thereof. ❑ "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. ❑ "Bond Fund" shall mean the fund created in Section 3 of this Resolution. ❑ "Bonds" shall mean $1,590,000 Taxable General Obligation Bonds, Series 2011 B, au- thorized to be issued by this Resolution. ❑ "Cede & Co." shall mean Cede & Co., the nominee of DTC, and any successor nominee of DTC with respect to the Bonds. ❑ "Continuing Disclosure Certificate" shall mean that certain Continuing Disclosure Certifi- cate executed by the Issuer and dated the date of issuance and delivery of the Bonds, as orig- inally executed and as it may be amended from time to time in accordance with the terms thereof. 31 ❑ "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. ❑ "DTC" shall mean The Depository Trust Company, New York, New York, a limited pur- pose trust company, or any successor book -entry securities depository appointed for the Bonds. ❑ "Issuer" and "City" shall mean the City of Dubuque, State of Iowa. ❑ "Participants" shall mean those broker - dealers, banks and other financial institutions for which DTC holds Bonds as securities depository. ❑ "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 pre- scribed herein as Issuer's agent to provide for the payment of principal of and interest on the Bonds as the same shall become due. ❑ "Project Fund" shall mean the fund required to be established by this Resolution for the deposit of the proceeds of the Bonds. ❑ "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. Un- less otherwise specified, the Registrar shall also act as Transfer Agent for the Bonds. ❑ "Representation Letter" shall mean the Blanket Issuer Letter of Representations exe- cuted and delivered by the Issuer to DTC on file with DTC. ❑ "Resolution" shall mean this resolution authorizing the Bonds. ❑ "Treasurer" shall mean the Finance Director 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 in- terest 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: Amount Fiscal Year (July 1 to June 30) Year of collection $189,801 2012/2013 $149,065 2013/2014 $146,815 2014/2015 $144,565 2015/2016 $142,315 2016/2017 $145,015 2017/2018 $142,233 2018/2019 $144.083 2019/2020 $145,508 2020/2021 $146,483 2021/2022 $146,983 2022/2023 $147,108 2023/2024 $146,843 2024/2025 $151,308 2025/2026 32 (NOTE: For example the levy to be made and certified against the taxable valuations of January 1, 2011 will be collected during the fiscal year commencing July 1, 2012.) (b) Resolution to be Filed With County Auditor. A certified copy of this Resolution should be filed with the County Auditor of Dubuque County, State of Iowa, and said Auditor is hereby in- structed 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 whatso- ever. (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 "TAX- ABLE GENERAL OBLIGATION BOND FUND 2011 B" (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 there- from for the purposes of issuance. Any amounts on hand in the Project Fund shall be available for the payment of the principal of or interest on the 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 Resolu- tion. 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, provid- ed for by Section 3 of this Resolution shall be invested in investments permitted by Chapter 12B, Code of Iowa, 2011, as amended, or deposited in financial institutions which are mem- bers 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 any one financial institution shall be continuously secured in compliance with Chapter 12C of the Code of Iowa, 2011, as amended, or otherwise by a val- id 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 re- quired for payment of principal of or interest on the Bonds as herein provided. Section 6. Bond Details, Execution and Redemption. (a) Bond Details. Taxable General Obligation Bonds of the City in the amount of $1,590,000, shall be issued pursuant to the provisions of Sections 403.12, 384.24(3)(q) and 384.26(5) of the City Code of Iowa for the aforesaid purpose. The Bonds shall be designated "TAXABLE GENERAL OBLIGATION BOND, SERIES 2011B ", 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 June 1, 2012, and semiannually thereafter on the 1st day of June and December in each year until maturity at the rates hereinafter provided. 33 The Bonds shall be executed by the manual or facsimile signature of the Mayor and attest- ed 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 Reso- lution; 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 denomi- nation of $5,000 or multiples thereof. The Bonds shall mature and bear interest as follows: Principal Interest Maturity Amount Rate June 1st $100,000 2.250% 2013 $100,000 2.250% 2014 $100,000 2.250% 2015 $100,000 2.250% 2016 $100,000 2.300% 2017 $105,000 2.650% 2018 $105,000 3.000% 2019 $110,000 3.250% 2020 $115,000 3.500% 2021 $120,000 3.750% 2022 $125,000 3.900% 2023 $130,000 4.050% 2024 $135,000 4.100% 2025 $145,000 4.350% 2026 (b) Redemption. Bonds maturing after June 1, 2018 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 ordinary mail to the registered owner of the Bond. Failure to give such notice by mail to any registered owner of the Bonds or any de- fect 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 ma- turity 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, owner- ship, 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 pre- paid 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 34 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 infor- mation 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 Bond holder 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 provi- sions 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 func- tions 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 De- nominations 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 ac- cordance 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 oth- er way. Wells Fargo Bank, National Association is hereby appointed as Bond Registrar under 35 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 au- thorized 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 transfer- ee (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 de- nomination 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 deliv- ered by the Registrar. (c) Registration of Transferred Bonds. In all cases of the transfer of the Bonds, the Regis- trar shall register, at the earliest practicable time, on the Registration Books, the Bonds, in ac- cordance 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 pre- sented 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 inter- est thereon, for the benefit of the owner of such Bonds who shall thereafter be restricted exclu- sively 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 inter- est 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. 36 (g) Registration and Transfer Fees. The Registrar may furnish to each owner, at the Issu- er'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 re- quests. Section 9. Reissuance of Mutilated, Destroyed, Stolen or Lost Bonds. In case any outstand- ing 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 mu- tilated, destroyed, stolen or lost, in exchange and substitution for such mutilated Bond to Reg- istrar, upon surrender of such mutilated Bond, or in lieu of and substitution for the Bond de- stroyed, 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 ex- penses as the Issuer may incur in connection therewith. Section 10. Record Date. Payments of principal and interest, otherwise than upon full re- demption, 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 pre- ceding 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 on- ly 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 Authentica- tion 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 bene- fits 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 authen- tication 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 [provided]: 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. THE HOLDERS OF THE BONDS SHOULD TREAT THE INTEREST THEREON AS BE- ING SUBJECT TO FEDERAL INCOME TAXATION. 37 This Bond is issued pursuant to the provisions of Sections 403.12, 384.24(3)(q) and 384.26(5) of the City Code of Iowa, for the purpose of paying costs of aiding in the planning, undertaking and carrying out of urban renewal project activities under Chapter 403 of the Code of Iowa and the Amended and Restated Urban Renewal Plans for the Dubuque Indus- trial Center West Economic Development District and the Greater Downtown Urban Renew- al Area, including those costs associated with grading and road construction on the South Siegert Farm area of DICW, and emergency repairs to the Port of Dubuque Parking Ramp and related litigation expenses; and the rehabilitation, renovation and reconstruction of the former 18th Street Fire Engine House #1, including the provision of construction financing to the private developer undertaking the rehabilitation of the same, in conformity to a Resolu- tion 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 regis- tration 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 Issuer as is requested by an au- thorized 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, 2018 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 ordinary 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 an- nual 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 negotia- ble 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. 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 38 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 constitu- tional 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 the 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. Section 14. Contract Between Issuer and Purchaser. This Resolution constitutes a contract between said City and the purchaser of the Bonds. Section 15. Severability Clause. If any section, paragraph, clause or provision of this Reso- lution 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 16. 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 seek- ing specific performance by court order, to cause the Issuer to comply with its obligations un- der 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 re- spect 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 17. Repeal of Conflicting Resolutions or Ordinances. That all ordinances and reso- lutions and parts of ordinances and resolutions in conflict herewith are hereby repealed. Passed and approved this 15th day of August, 2011. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, Acting City Clerk RESOLUTION NO 272 -11 ENDORSING THE SUBMISSION OF A REVITALIZE IOWA'S SOUND ECONOMY (RISE) APPLICATION TO THE IOWA DEPARTMENT OF TRANSPORTATION FOR THE CON- STRUCTION OF 7TH AND COMMERCIAL STREETS Whereas, the City of Dubuque believes that economic development opportunities require developable industrial land with adequate public infrastructure in order to retain and attract new job creating businesses and industries to this community; and Whereas, the City of Dubuque is working with local industries in the redevelopment of river - front properties; and Whereas, the Iowa Department of Transportation, through its Revitalize Iowa's Sound Economy (RISE) Competitive Project Funding, has monies available for the development of public roadways to support economic development opportunities. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque hereby endorses the application to the Iowa Depart- ment of Transportation for RISE Competitive funding to provide roadway access to riverfront industrial sites. 39 Section 2. That the City of Dubuque hereby certifies that the roadway improvements will be dedicated to public use and will remain so dedicated to public use and that Tax Increment Fi- nancing will be available to finance the City's portion of project costs. Section 3. That 7th and Commercial Streets provide access to industrial riverfront properties. Section 4. That the City of Dubuque hereby assumes responsibility for and ongoing mainte- nance of these roadway improvements and ensures that the roadway will be adequately main- tained in the future. Section 5. That the City Manager is authorized to sign, on behalf of the City Council, the ap- plication for RISE funding. Passed, approved and adopted this 15th day of August, 2011. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, Acting City Clerk Public Financial Management, Inc. (PFM Group, Inc.): City Manager transmitting corre- spondence from the PFM Group, Inc., regarding the City's key credit characteristics and pric- ing trends. Upon motion the document was received and filed. Sustainable Dubuque Monthly Report: City Manager submitting the Sustainable Dubuque Monthly report for July 2011. Upon motion the documents were received and filed. Quarterly Investment Report: City Manager submitting the Quarterly Investment Report as of June 30, 2011. Upon motion the documents were received and filed. Mediacom: Communication from Lee Grassley, Senior Manager of Government Relations for Mediacom Communications Company advising the City of a new digital adapter that all Mediacom customers will need and the associated fees as of September 15, 2011. Upon mo- tion the document was received and filed. Signed Contracts: 1) Water Pollution Control Plant Modifications Project budget increase request from MWH America's Inc.; 2) Water Pollution Control Plant Modifications Change Or- der Nos. 8 and 9 with Miron Construction Co., Inc.; 3) Tenth and Central Street Parking Ramp Project Change Order 009 -PS with J.P. Cullen Construction. Upon motion the documents were received and filed. Alcohol Compliance — Civil Penalties for Alcohol License Holders: City Manager recom- mending acceptance of the Acknowledgement /Settlement Agreement for Best Western Plus Dubuque Hotel /Champps Americana for their second violation. Upon motion the documents were received, filed, and approved. Liquor License Refunds: Request of Kurt Heine of Bulldog Billiards, Inc., for a refund of Beer and Liquor License No. LC0035994 in the amount of $422.50; and Magdaleno Arceo of Las Margarita's Restaurant for a refund of Beer and Liquor License No. LC0034263 in the amount of $422.50. Upon motion the documents were received, filed, and approved. Liquor License Applications: City Manager recommending approval of annual liquor license renewals as submitted. Upon motion the documents were received and filed and Resolution No. 273 -11 Granting the issuance of a Class "B" Beer Permit (5 -Day Special Event) to Empire Diesel Perform. /Shireman Benefit; Dubuque Jaycees; Riverfest; and Clarke University; A Class "C" Beer Permit to Ron's Discount Smokes & Beverage Center; Dubuque Quick Stop Mart, 40 Inc.; Holy Spirit Church, and Casey's General Store #2420 and #2421; and Resolution No. 274 -11 Granting the issuance of a Class "C" Beer /Liquor License to Knicker's Saloon (Outdoor Sale 9/10/11 and 10/9/11); The Bank Bar & Grill; Lucky 13 Tap; Los Azteca's Mexican Restau- rant; Courtside sports Bar & Grill; Star Restaurant Ultra Lounge; Chances R; Mystique Com- munity Ice Center; The Lift; Texas Roadhouse; a Special Class "C" BW Liquor License (5 -Day Event) to Camp Albrecht Acres; a Special Class "C" BW Liquor License (14 -Day Event) to Dubuque County Fine Arts Society; a Special Class "C" BW Liquor License to Bandana's Bar - B-Q; and Tri -State Blind Society; and a Class "WBN" Native Wine License to Plaza 20 BP /Amoco; Kwik Stop Food Mart; and Ron's Discount Smokes & Beverage Center, and a Class "E" Liquor License for Casey's General Store #2420 and #2421 were adopted. RESOLUTION NO. 273 -11 Whereas, applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approved: and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City and have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Beer Permit. CLASS "B" BEER PERMIT(5 -DAY SPECIAL EVENT) C. Remake & M. VanAacken Empire Diesel Perform. /Shireman 1055 Century Dr. Benefit Dubuque Jaycees Dubuque Jaycees 1855 Greyhound Park Riverfest, Inc. Clarke University Dubuque Jaycees Rainbo Oil Company RKM LLC Dubuque Quick Stop Mart Inc. Holy Spirit Church Dubuque Casey's Marketing Com. Casey's Marketing Com. Passed, approved and adopted +(Sunday /Outdoor Sale) Riverfest +(Sunday /Outdoor Sale) Clarke University Kehl Center +(Outdoor Sale) Dubuque Jaycees Chili Cook Off (Outdoor Sale) CLASS "C" BEER PERMIT Kwik Stop Food Mart +(Sunday Sale) Ron's Discount Smokes & Beverage +(Sunday Sale) Dubuque Quick Stop Mart +(Sunday Sale) Holy Spirit Church +(Sunday Sale) Casey's General Store #2420 +(Sunday Sale) Casey's General Store #2421 +(Sunday Sale) this 15th day of August, 2011 Attest: Kevin S. Firnstahl, Acting City Clerk 41 Town Clock Plaza 1850 Clarke Dr. 4th & Bluff 2360 Central Ave. 3300 Asbury Rd. 1401 Central Ave. 2921 Central Ave. 4003 Peru Rd. 2699 Rockdale Rd. Roy D. Buol, Mayor RESOLUTION NO. 274 -11 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. Curtis Gerhard Curtis Gerhard CES II Properties Inc. David H. Erickson Famolo of Iowa, Inc. Courtside, Inc. James Madison, Inc. Donovan, Inc. DBQ Com. Ice & Rec Center The Lift Dubuque, LLC Texas Roadhouse Hld. CLASS "C" BEER /LIQUOR LICENSE Knicker's Saloon (Outdoor Sale 9- 10 -11) Knicker's Saloon (Outdoor Sale 10 -9 -11) The Bank Bar & Grill (Adding Outdoor Sale) Lucky 13 Tap +(Sunday Sale) Los Aztecas Mex. Restaurant +(Sunday Sale) Courtside Sports Bar /Grill +(Sunday /Outdoor /Sale) Star Restaurant Ultra Lounge +(Sunday /Outdoor Sale) Chance R +(Sunday /Outdoor Sale) Mystique Community Ice Center +(Sunday Sale) The Lift +(Sunday Sale) Texas Roadhouse +(Sunday /Outdoor Sale) 2180 Central Ave. 2180 Central Ave. 342 Main St. 385 E. 13th St 2700 Dodge St 2095 Holiday Dr. 600 Star Brewery 1046 Central Ave. 1800 Admiral Sheehy 180 Main St. 845 Wacker Dr. SPECIAL CLASS "C "BW LIQUOR LICENSE(5 -DAY EVENT) Camp Albrecht Acres Camp Albrecht Acres All. Amphitheater SPECIAL CLASS "C "BW LIQUOR LICENSE(14 -DAY EVENT) DBQ County Fine Arts Dubuque Cnty Fine Arts Society 225 E. 10th St. +(Sunday /Outdoor Sale) SPECIAL CLASS "C "BW LIQUOR LICENSE Bandana's Missouri LLC Bandana's Bar -B -Q +(Sunday Sales) Tri -State Blind Society Tri -State Blind Society R Future, Inc Rainbo Oil Com. RKM LLC CLASS "WBN" NATIVE WINE Plaza 20 BP /Amoco Kwik Stop Food Mart Ron's Discount Smokes & Beverage Center #1 42 2035 JFK Rd. 3333 Asbury Rd. 2600 Dodge St. 2360 Central Ave. 3300 Asbury Rd Casey's Marketing Co. Casey's Marketing Co. CLASS "E" LIQUOR LICENSE Casey's General Store # 2420 Casey's General Store # 2421 Passed, approved and adopted this 15th day of August, 2011 Attest: Kevin S. Firnstahl, Acting City Clerk ITEMS TO BE SET FOR PUBLIC HEARING 2699 Rockdale Rd. 4003 Peru Rd. Roy D. Buol, Mayor Motion by Lynch to receive and file the documents, adopt the resolutions, set the public hearings as indicated, and direct the City Clerk to publish notice as prescribed by law. Se- conded by Resnick. Motion carried 7 -0. Petition to Vacate - 1900 Block of Garfield Avenue: City Manager recommending a public hearing be set for September 6, 2011 to consider a request by Brian Goranson to vacate a portion of a public alley abutting 1902, 1912, 1946, 1952, and 1956 Garfield Avenue in the City of Dubuque. Upon motion the documents were received and filed and Resolution No. 275 -11 Resolution of intent to vacate and dispose of City interest in lots 148A, 149A, 150A, 151A and 152A in Ham's Addition in the City of Dubuque, Iowa; and Resolution No. 276 -11 Approving plat of proposed vacated alley in the 1900 block of Garfield Avenue were adopted setting a public hearing for a meeting to commence at 6:30 p.m. on September 6, 2011 in the Historic Federal Building. RESOLUTION NO. 275 -11 RESOLUTION OF INTENT TO VACATE AND DISPOSE OF CITY INTEREST IN LOTS 148A, 149A, 150A, 151A AND 152A IN HAM'S ADDITION IN THE CITY OF DUBUQUE, IOWA Whereas, Brian Goranson has requested the vacating and disposing of a portion of the pub- lic alley abutting 1902, 1912, 1946, 1952, and 1956 Garfield Avenue; and Whereas, Buesing & Associates has prepared and submitted to the City Council a plat showing the vacated portion of the public alley abutting 1902, 1912, 1946, 1952, and 1956 Garfield Avenue and assigned lot numbers thereto, which hereinafter shall be known and de- scribed as Lots 148A, 149A, 150A, 151A, and 152A in Ham's Addition in the City of Dubuque, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa, has determined that this portion of alley abutting 1902, 1912, 1946, 1952, and 1956 Garfield Avenue is no longer required for public use, and vacating and sale of said alley to be known as Lots 148A, 149A, 150A, 151A, and 152A in Ham's Addition in the City of Dubuque, Dubuque County, Iowa should be ap- proved. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque intends to vacate and dispose of its interest in Lots 148A, 149A, 150A, 151A, and 152A in Ham's Addition in the City of Dubuque, Iowa. Section 2. That the conveyance of Lots 148A, 149A, 150A, 151A, and 152A in Ham's Addi- tion in the City of Dubuque, Iowa to the abutting property owner be contingent upon the pay- ment as follows: 43 Brian A. Goranson Lot 152A $200.00 Vicki Ann Dotter Lot 151A $100.00 Brandon J. Bass Lot 150A $200.00 Joseph W. & Debra A. Miller Lot 149A $200.00 William D. & Monica S. Meissner Lot 148A $200.00 Section 3. That the City Clerk be and is hereby authorized and directed to cause a notice of intent to vacate and dispose of said real estate to be published in the manner as prescribed by law. Passed, approved and adopted this 15th day of August, 2011. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, Acting City Clerk RESOLUTION NO. 276 -11 APPROVING PLAT OF PROPOSED VACATED ALLEY IN THE 1900 BLOCK OF GARFIELD AVENUE Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated the 28th day of July, 2011, prepared by Buesing & Associates, Inc. describing the pro- posed vacated portion of an alley to be known as Lot 148A, Lot 149A, Lot 150A, Lot 151A, and Lot 152A all in Ham's Addition in the City of Dubuque, Dubuque County, Iowa; and Whereas, said plat conforms to the laws and statutes pertaining thereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated the 28th day of July, 2011, prepared by Buesing & Associ- ates, Inc., relative to the real estate hereinabove described be and the same is hereby ap- proved, and the Mayor and City Clerk be and they are hereby authorized and directed to exe- cute said plat for and on behalf of the City of Dubuque, Iowa. Section 2. That the City Clerk be and is hereby authorized and directed to file said plat and certified copy of this resolution in the office of the Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 5th day of August, 2011. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, Acting City Clerk Sale of Property — 2300 Washington Street: City Manager recommending a public hearing be set for September 6, 2011 to consider disposal of City -owned property at 2300 Washington Street. Upon motion the documents were received and filed and Resolution No. 277 -11 Reso- lution of intention to dispose of City -owned property, specifically Lot 2 of Bee Branch Subdivi- sion No. 1 in the City of Dubuque, Iowa, according to the recorded plat thereof (2300 Washing- ton Street) was adopted. setting a public hearing for a meeting to commence at 6:30 p.m. on September 6, 2011 in the Historic Federal Building. RESOLUTION NO. 277 -11 RESOLUTION OF INTENTION TO DISPOSE OF CITY -OWNED PROPERTY, SPECIFICAL- LY, LOT 2 OF BEE BRANCH SUBDIVISION NO. 1 IN THE CITY OF DUBUQUE, IOWA, ACCORDING TO THE RECORDED PLAT THEREOF - 2300 WASHINGTON STREET Whereas, the City of Dubuque has acquired certain real property in connection with the Bee Branch Creek Re- Alignment Project; and Whereas, the City has received an offer to purchase this property from Habitat for Hu- manity; 44 Whereas, by accepting the selected offer the City's objective of providing first -time homeownership to a lower- income buyer can be realized. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque, Iowa, intends to dispose of its interest in the follow- ing legally- described property: "Lot 2 of Bee Branch Subdivision No. 1 in the City of Dubuque, Iowa, according to the recorded plat thereof." Section 2. That the City of Dubuque, Iowa, proposes to dispose of its interest in the above described real property to Habitat for Humanity for the sum of One Dollars ($1.00). Section 3. That 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 Property, to be held on the 6th day of September, 2011, at 6:30 o'clock p.m. at the Historic Federal Building, 650 West Locust, Dubuque, Iowa. Passed, approved and adopted this 15th day of August, 2011. Roy D. Buol, Mayor Attest: Kevin Firnstahl, Acting City Clerk Sale of Property — 2302 Washington Street: City Manager recommending a public hearing be set for September 6, 2011 to consider disposal of City -owned property at 2302 Washington Street. Upon motion the documents were received and filed and Resolution No. 278 -11 Reso- lution of Intention to dispose of City -owned property, specifically Lot 1 of Bee Branch Subdivi- sion No. 1 in the City of Dubuque, Iowa, according to the recorded plat thereof (2302 Washing- ton Street) was adopted. setting a public hearing for a meeting to commence at 6:30 p.m. on September 6, 2011 in the Historic Federal Building. RESOLUTION NO. 278 -11 RESOLUTION OF INTENTION TO DISPOSE OF CITY -OWNED PROPERTY, SPECIFICAL- LY, LOT 1 OF BEE BRANCH SUBDIVISION NO. 1 IN THE CITY OF DUBUQUE, IOWA, ACCORDING TO THE RECORDED PLAT THEREOF - 2302 WASHINGTON STREET Whereas, the City of Dubuque has acquired certain real property in connection with the Bee Branch Creek Re- Alignment Project; and Whereas, the City has received an offer to purchase this property from Habitat for Humanity; Whereas, by accepting the selected offer the City's objective of providing first -time home- ownership to a lower- income buyer can be realized. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque, Iowa, intends to dispose of its interest in the following legally- described property: "Lot 1 of Bee Branch Subdivision No. 1 in the City of Dubuque, Iowa, according to the rec- orded plat thereof." Section 2. That the City of Dubuque, Iowa, proposes to dispose of its interest in the above described real property to Habitat for Humanity for the sum of One Dollars ($1.00). Section 3, That 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 Property, to be held on the 6th day of September, 2011, at 6:30 o'clock p.m. at the Historic Federal Building, 650 West Locust, Dubuque, Iowa. 45 Passed, approved and adopted this 15th day of August, 2011. Attest: Kevin Firnstahl, Acting City Clerk BOARDS /COMMISSIONS Roy D. Buol, Mayor Applicants were invited to address the City Council regarding their desire to serve on the fol- lowing Boards /Commissions: Zoning Advisory Commission: One 3 -year term through July 1, 2013 (Vacant term of Stiles). Applicant: Eugene Bird, 3357 Arrowwood Lane. Appointments to the following Boards /Commissions: Housing Commission. Three 3 -year terms through August 17, 2014 (Expiring terms of Eudaley, Rogaskie, and Ronek). Applicants: Amy Eudaley, 950 Wood Street; Mitzi Krey, 433 W. 3rd Street (Additional Applicant); Regine Ronek, 2282 White Street. Ms Patricia Rogaskie, 1502 % Maple Street, withdrew her applica- tion. Motion by Lynch to appoint Amy Eudaley, Mitzi Krey, and Regine Roneck to the Housing Commission for 3 -year terms through August 17, 2014. Seconded by Connors. Motion carried 7 -0. PUBLIC HEARINGS Dubuque Regional Airport — Conservation Easement: Proof of publication on notice of public hearing to consider the disposal of an interest in City property as set forth in the Declaration of Conservation Covenants and Restriction Conservation Easement on the specified property at the Dubuque Regional Airport, and the City Manager recommending approval. Motion by Jones to remove this item from the agenda. Seconded by Braig. Motion carried 7 -0. Upon motion the rules were suspended allowing anyone present to address the City Coun- cil. Request to Rezone - 1845 Washington Street: Request by Marcy and Michael Armstrong to rezone property located at 1845 Washington Street from R -2A Alternate Two - Family Residen- tial District and C -2 Neighborhood Commercial District to C -4 Downtown Commercial District and the Zoning Advisory Commission recommending approval. Motion by Lynch to receive and file the documents and that the requirement that a proposed ordinance be considered and vot- ed on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Connors. Planning Services Manager Laura Carstens provided a staff report. Motion carried 7 -0. Motion by Lynch for final consideration and passage of Ordi- nance No. 40 -11 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified De- velopment Code, by reclassifying hereinafter described property located at 1845 Washington Street from C -2 Neighborhood Shopping Center District and R -2a Alternate Two - Family Resi- dential District to C -4 Downtown Commercial District. Seconded by Connors. Motion carried 7- 0. 46 OFFICIAL PUBLICATION ORDINANCE NO. 40 -11 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 1845 WASHINGTON STREET FROM C -2 NEIGHBORHOOD SHOPPING CENTER DISTRICT AND R -2A ALTERNATE TWO- FAMILY RESIDENTIAL DISTRICT TO C- 4 DOWNTOWN COMMERCIAL DISTRICT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, is hereby amended by reclassifying the hereinafter - described property from C -2 Neigh- borhood Shopping Center District and R -2A Alternate Two - Family Residential District to C -4 Downtown Commercial District, to wit: Lot 1 -94, 2 -94, 2 -95 and 1 -1- 95 all in East Dubuque Addition, and to the centerline of the adjoining public right -of -way, all in the City of Dubuque, Iowa. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this 15th day of August, 2011. /s /Roy D. Buol, Mayor Attest: /s/ Kevin S. Firnstahl, Acting City Clerk Published officially in the Telegraph - Herald Newspaper the 19th day of August, 2011. /s /Kevin S Firnstahl, Acting City Clerk Planned Residential District - 2763 University Avenue: Request from Tom Kluck to amend the Planned Residential District for property located at 2763 University Avenue to permit a 60- foot by 30 -foot, two - story, common building with three apartments on the second story, set back 20 feet from the north side property line and the Zoning Advisory Commission recom- mending approval subject to conditions. Citizen petition submitted by Bruce and Annabelle Schaal, 2765 Beverly Avenue, in opposi- tion to the request. Motion by Connors to receive and file the documents and that the requirement that a pro- posed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Jones. Developer Tom Kluck, 2499 LaVista Street, spoke in favor of the request and provided detailed information about the modified submission. Planning Services Manager Laura Carstens provided a staff report. Zon- ing Advisory Commission Chairperson Charles Miller provided information on the Commis- sion's discussion related to the new conditions. Motion carried 7 -0. Motion by Connors for final consideration and passage of Ordinance No. 41 -11 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by providing for the amendment of Ordinance 36 -09, which established regulations for a Planned Unit De- velopment with a Planned Residential Designation, located north of the University Avenue and Ethel Street intersection, and now being amended to allow three additional apartment units and enlarging the club house building. Seconded by Braig. Motion carried 7 -0. 47 OFFICIAL PUBLICATION ORDINANCE NO. 41 -11 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY PROVIDING FOR THE AMENDMENT OF ORDINANCE 36 -09, WHICH ESTABLISHED REGULATIONS FOR A PLANNED UNIT DEVELOPMENT WITH A PLANNED RESIDENTIAL DESIGNATION, LOCATED NORTH OF THE UNIVERSITY AVE- NUE AND ETHEL STREET INTERSECTION, AND NOW BEING AMENDED TO ALLOW THREE ADDITIONAL APARTMENT UNITS AND ENLARGING THE CLUB HOUSE BUILD- ING. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Or- dinances, Unified Development Code, is hereby amended by providing for the amendment of Ordinance 36 -09, which established regulations for a Planned Unit Development with a PR Planned Residential District, and now being amended to allow three additional apartment units and enlarging the Club House building for the following described property, to wit: Lot 28 and Lot 29 Lenox Addition and Lot 1 of 1 of 2 Bonson Farm, and to the cen- terline of the adjoining public right -of -way, all in the City of Dubuque, Iowa. A. Use Regulations. The following regulations shall apply to all uses made of land in the above - described PR Planned Residential District: 1. Principal permitted uses shall be limited to 51 housing dwelling units. 2. No secondary or contingency uses shall be permitted. 3. Accessory uses shall include any use customarily incidental and subordi- nate to the principal use it serves. B. Lot and Bulk Regulations. Development of land in the PR Planned Residential District shall be regulated as follows: 1. Proposed buildings shall be located in substantial conformance with the approved conceptual development plan dated June 27, 2011. 2. Building #1 must be set back a minimum of 80 feet from the east side property line and 30 feet from the west side property line. 3. Maximum building height of 50 feet shall be allowed as measured from the first floor elevation to mid point of the peak of the roof. C. Performance Standards The development and maintenance of uses in this PR Planned Residential District shall be regulated as follows: 1. Parking Regulations a. Off - street parking shall be provided based on the approved concep- tual plan with 32 spaces provided on surface lots and 56 spaces in underground parking. b. All vehicle - related features shall be surfaced with either asphalt or concrete. c. Curbing and proper surface drainage of storm water shall be pro- vided. d. All parking and loading spaces shall be delineated on the surfacing material by painted stripes or other permanent means. 48 e. The number, size and design of parking spaces shall be governed by applicable provisions of City of Dubuque Ordinances enforced at the time of development of the lot. f. The number, size, design, and location of parking spaces designat- ed for persons with disabilities shall be according to the local, state, or federal requirements in effect at the time of development. 2. Site Lighting a. Exterior illumination of site features shall be limited to the illumina- tion of the following: i. Parking areas, driveways and loading facilities. ii. Pedestrian walkway surfaces and entrances to building. iii. Building exterior. b. Location and Design i. No light source shall provide illumination onto adjacent lots, buildings or streets in excess of 1.0 foot candle. ii. All exterior lighting luminaries shall be designed and installed to shield light from the luminaries at angles above 72- degrees from vertical. iii. Fixtures mounted on a building shall not be positioned higher than the roofline of the building. iv. All electrical service lines to posts and fixtures shall be un- derground and concealed inside the posts. 3. Landscaping a. Plant Materials. The open space of each lot shall be planted with permanent lawn and ground covers, shrubs and trees. It is the intent of these regulations that the development of required open spaces shall reflect a high quality of environmental design. The following provisions shall apply. i. Landscape plans are required as part of submittals for site plan review. Landscape plans are to include type, number and size of proposed plantings. Landscaping shall be de- signed in compliance with Section 4 -4 of the Zoning Ordi- nance. ii. Within one (1) year following completion of construction, or by the date that a building is issued an occupancy certificate by the Building Services Department of the City of Dubuque, whichever first occurs, required landscaping shall be in- stalled. iii. The proposed clubhouse building with three (3) residential units on the second floor shall be screened on the north side with hemlock evergreen trees a minimum of six (6) feet at planting and spaced eight (8) feet apart, and the west side shall consist of three (3) deciduous trees of 2.5" caliper at planting with location and species to be coordinated with planting space. 4. Storm Water Conveyance The developer shall be responsible for providing surface or subsurface conveyance(s) of storm water from the lot to existing storm sewers or to flow line of open drainageways outside the lot in a means that is satisfac- 49 tory to the City of Dubuque. Other applicable regulations enforced by the City of Dubuque relative to storm water management and drainage shall apply to the subject property. 5. Exterior Trash Collection Areas a. The storage of trash and debris shall be limited to that produced by the principal permitted use and accessory uses of the lot. b. All exterior trash collection areas and the materials contained there- in shall be visually screened from view. The screening shall be completely opaque fence, wall or other feature not exceeding a height of 10 feet measured from the ground level outside the line of the screen. Screens built on sloping grades shall be stepped so that their top line shall be horizontal. Exposed materials used to construct the opaque screen shall be similar in appearance to ma- terials used for exterior building walls. All exterior entrances to a screened trash area shall be provided with a gate or door of similar design to that of the screen. If a 10 -foot high screen fails to shield the exterior trash collection ar- ea from view from points inside or outside of the property, evergreen plantings may be required in addition to the screening. Evergreen plant materials shall be selected and designed so that they will screen the area from all off -site visibility within five (5) years. 6. Final site development plans shall be submitted in accordance with Sec- tion 4 -4 of the Zoning Ordinance prior to construction of any buildings. D. Open Space and Recreation Areas Open space and landscaping in the PR Planned Residential District shall be regulated as follows. Those areas not designated on the conceptual develop- ment plan shall be maintained as open space, as defined by Section 8 of the Zoning Ordinance of the City of Dubuque, Iowa, by the property owner and /or association. E. Sign Regulations 1. Signs in the Planned Residential District shall be regulated in accordance with the R -4 Multi - Family Residential Zoning District sign regulations of the Zoning Ordinance. 2. Variance requests from sign requirements for size, number and height shall be reviewed by the Zoning Board of Adjustment in accordance with Section 5 -3 of the Zoning Ordinance. F. Other Codes and Regulations 1. Service Lines. All electric, telephone, cable, or other similar utility lines serving the building and other site features shall be located underground. 2. The use of semi - trailers and shipping containers for storage is prohibited. 3. These regulations do not relieve the owner from other applicable city, county, state or federal codes, regulations, laws and other controls rela- tive to the planning, construction, operation and management of property within the city of Dubuque. G. Transfer of Ownership Transfer of ownership or lease of property in this PR Planned Residential Dis- trict shall include the transfer or lease agreement a provision that the purchas- er or lessee acknowledges awareness of the conditions authorizing the estab- lishment of the district. 50 H. Occupancy Permits No occupancy permit shall be issued by the City of Dubuque for property in- cluded in the subject planned unit development district until full compliance with this ordinance has been achieved. I. Recording A copy of this Ordinance shall be recorded at the expense of the property owner(s) with the Dubuque county recorder as a permanent record of the con- ditions accepted as part of this reclassification approval. This ordinance shall be binding upon the undersigned and his /her heirs, successors and assigns. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. The foregoing amendment shall take effect upon publication, as provided by law. Passed, approved and adopted this 15th day of August, 2011. /s /Roy D. Buol, Mayor Attest: /s/ Kevin S. Firnstahl, Acting City Clerk Published officially in the Telegraph - Herald Newspaper the 19th day of August, 2011. /s /Kevin S Firnstahl, Acting City Clerk Pump Room Roof Replacement Project: Proof of publication on notice of public hearing to approve the specifications, form of contract, and estimated cost for the Pump Room Roof Re- placement Project, and the City Manager recommending approval. Motion by Connors to re- ceive and file the documents and adopt Resolution No. 279 -11 Approval of specifications, form of contract, and estimated cost for the Pump Room Roof Project. Seconded by Braig. Motion carried 7 -0. RESOLUTION NO. 279 -11 CITY OF DUBUQUE, IOWA WATER DEPARTMENT - PUMP ROOM ROOF PROJECT APPROVAL OF SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE PUMP ROOM ROOF PROJECT. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed specifications, and form of contract filed with the City Clerk and estimat- ed cost of $121,000.00, are hereby approved. Passed, adopted and approved this 15th day of August, 2011. Roy D. Buol, Mayor Attest: Kevin Firnstahl, Acting City Clerk Green Industrial Supply Development Agreement and Land Sale: Proof of publication on no- tice of public hearing to consider the disposition of approximately 24.506 acres of property in Dubuque Industrial Center West to Green Industrial Supply, Inc., and Green Industrial Proper- ties, LLC for the purpose of constructing a 140,000 square -foot office /distribution and light manufacturing facility pursuant to a development agreement with the City and the use of Urban Renewal Tax Increment Revenue Obligations; and the City Manager recommending approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 280 -11 Approving a development agreement providing for the sale of 24,506 acres in the Dubuque Industrial Center West to Green Industrial Supply, Inc., and Green Industrial Properties, LLC. Seconded by Resnick. Dan McDonald of Greater Dubuque Development Corporation, 300 Main Street, spoke in favor of the agreement citing the need for economic development Sue and Patrick Green's business success. Motion carried 7 -0. 51 RESOLUTION NO. 280 -11 RESOLUTION APPROVING A DEVELOPMENT AGREEMENT PROVIDING FOR THE SALE OF 24.506 ACRES IN THE DUBUQUE INDUSTRIAL CENTER WEST TO GREEN INDUS- TRIAL SUPPLY, INC. AND GREEN INDUSTRIAL PROPERTIES, LLC Whereas, the City Council, by Resolution No. 244 -11, dated August 1, 2011 declared its in- tent to enter into a Development Agreement with Green Industrial Supply, Inc. and Green In- dustrial Properties, LLC for the sale of 24.506 acres in the Dubuque Industrial Center West (the Property); and Whereas, pursuant to published notice, a public hearing was held on the proposed disposi- tion on August 15, 2011 at 6:30 p.m. in the Historic Federal Building, 350 W. 6th Street, Dubu- que, Iowa; and Whereas, it is the determination of the City Council that approval of the Development Agreement for the sale to and development of the Property by Green Industrial Supply, Inc. and Green Industrial Properties, LLC according to the terms and conditions set out in the Develop- ment Agreement is in the public interest of the City of Dubuque. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the attached Development Agreement by and between the City of Dubuque, Green Industrial Supply, Inc. and Green Industrial Properties, LLC for the sale of the Property is hereby approved. Section 2. That the Mayor is hereby authorized and directed to execute the Development Agreement on behalf of the City and City Clerk is authorized and directed to attest to his signa- ture. Section 3. That the Mayor and City Clerk are hereby authorized and directed to execute and deliver a Special Warranty Deed for the Property as provided in the Development Agreement. Section 4. That the City Manager is authorized to take such actions as are necessary to comply with the terms of the Development Agreement as herein approved. Passed, approved and adopted this 15th day of August, 2011. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, Acting City Clerk Paragon Square — Urban Renewal Tax Increment Revenue Notes and Development Agreement: Proof of publication on notice of public hearing to consider approval of a Develop- ment Agreement with Paragon Square LLC and approval of the sale of Tax Increment Financ- ing bonds up to $350,000 to assist in the renovation of the former Holy Ghost School and Con- vent buildings, and the City Manager recommending approval. Motion by Connors to receive and file the documents and adopt Resolution No. 281 -11 Approving a Development Agreement with Paragon Square, LLC for the property located at 2887 and 2901 Central Avenue; and Resolution No. 282 -11 Instituting proceedings to take additional action for the issuance of not to exceed $350,000 Urban Renewal Tax Increment Revenue Notes. Seconded by Braig. Mo- tion carried 7 -0. RESOLUTION NO. 281 -11 APPROVING A DEVELOPMENT AGREEMENT WITH PARAGON SQUARE, LLC FOR THE PROPERTY LOCATED AT 2887 AND 2901 CENTRAL AVENUE Whereas, the City of Dubuque, Iowa, has created a Downtown Incentives Program for the purpose of stimulating reinvestment in the Holy Ghost Urban Renewal District; and Whereas, the City of Dubuque, Iowa is encouraging the use of financial incentives to help finance code compliance activities and to spur redevelopment; and 52 Whereas, it is the determination of this Council that approval of the Development Agreement for the rehabilitation of the Property owned by Paragon Square, LLC according to the terms and conditions set out in the Development Agreement is in the public interest of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Development Agreement with Paragon Square, LLC is hereby accepted and approved. Section 2. That the Mayor is hereby authorized to execute, on behalf of the City Council of the City of Dubuque, Iowa, the attached Development Agreement with Paragon Square, LLC. Section 3. That the City Manager is hereby authorized to execute, on behalf of the City Council of the City of Dubuque, Iowa, all necessary grant documents and is further authorized to disburse grant funds in accordance with the terms and conditions of the executed agree- ment. Passed, approved and adopted this 15th day of August, 2011. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, Acting City Clerk RESOLUTION NO. 282 -11 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $350,000 URBAN RENEWAL TAX INCREMENT REVE- NUE NOTES Whereas, pursuant to notice published as required by law, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of not to ex- ceed $350,000 Urban Renewal Tax Increment Revenue Notes for the purpose of 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 Urban Renewal Plan for the Holy Ghost Urban Renewal District, including those costs associated with the funding of economic development grants to Paragon Square, LLC, an Illinois limited liability company, under the terms of a Development Agreement between the City of Dubuque and Paragon Square, LLC, as the same may be amended from time to time, and the funding of related reserves and pay- ment of capitalized interest and the costs of issuance of the Notes, and has considered the ex- tent of objections received from residents or property owners as to said proposed issuance; and, accordingly the following action is now considered to be in the best interests of the City and residents thereof: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That this Council does hereby institute proceedings and takes additional action for the sale and issuance in the manner required by law of not to exceed $350,000 Urban Re- newal Tax Increment Revenue Notes for the foregoing purpose. Section 2. The Economic Development Director and Finance Director are authorized and di- rected to proceed on behalf of the City with the negotiation of the final terms of said Notes, to select a date for the Council's approval thereof, to cause to be prepared such notice and sale information as may appear appropriate, to publish and distribute the same on behalf of the City and this Council and otherwise to take all action necessary to permit the sale of said Notes on a basis favorable to the City and acceptable to the Council. Passed and approved this 15th day of August, 2011. Attest: Kevin S. Firnstahl, Acting City Clerk 53 Roy D. Buol, Mayor Upon motion the rules were reinstated limiting discussion to the City Council. ACTION ITEMS Every Child / Every Promise Update: Vice President of Programs for the Community Foun- dation of Greater Dubuque, Eric Dregne, to provide an update and slide presentation on the activities of the Every Child / Every Promise program. Motion by Connors to receive and file the information. Seconded by Braig. Motion carried 7 -0. Lake Ridge Economic Development District - Tax Increment Financing: City Manager rec- ommending approval of an ordinance creating the tax increment financing district for the Lake Ridge Economic Development District to facilitate the Rose Development of the $9.3 million 70 -unit affordable assisted living facility on Lake Ridge Drive consistent with the Urban Re- newal Plan approved by the City Council on August 1, 2011. Motion by Connors to receive and file the documents and that the requirement that a proposed ordinance be considered and vot- ed on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Braig. Motion carried 7 -0. Motion by Connors for final consideration and passage of Ordinance No. 42 -11 Providing that general property taxes levied and collect- ed each year on all property located within the Lake Ridge Economic Development District of the City of Dubuque, County of Dubuque, State of Iowa, by and for the benefit of the State of Iowa, City of Dubuque, County of Dubuque, Dubuque Community School District, and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said City in connection with the Lake Ridge Economic Development District Redevelopment Project. Se- conded by Braig. Motion carried 7 -0. OFFICIAL PUBLICATION ORDINANCE NO. 42 -11 PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR ON ALL PROPERTY LOCATED WITHIN THE LAKE RIDGE ECONOMIC DEVELOP- MENT DISTRICT OF THE CITY OF DUBUQUE, COUNTY OF DUBUQUE, STATE OF IOWA, BY AND FOR THE BENEFIT OF THE STATE OF IOWA, CITY OF DUBUQUE, COUNTY OF DUBUQUE, DUBUQUE COMMUNITY SCHOOL DISTRICT, AND OTHER TAXING DIS- TRICTS, BE PAID TO A SPECIAL FUND FOR PAYMENT OF PRINCIPAL AND INTEREST ON LOANS, MONIES ADVANCED TO AND INDEBTEDNESS, INCLUDING BONDS ISSUED OR TO BE ISSUED, INCURRED BY SAID CITY IN CONNECTION WITH THE LAKE RIDGE ECONOMIC DEVELOPMENT DISTRICT REDEVELOPMENT PROJECT Whereas, the City Council of the City of Dubuque, Iowa, after public notice and hearing as prescribed by law and pursuant to Resolution No. 247 -11 adopted on August 1, 2011, adopted an Urban Renewal Plan for an urban renewal area known as the Lake Ridge Economic Devel- opment District (the "Project Area "), which Project Area includes the lots and parcels described in said Urban Renewal Plan; and Whereas, expenditures and indebtedness are anticipated to be incurred in the future to fi- nance urban renewal project activities carried out in furtherance of the foregoing Urban Re- newal Plan; and Whereas, the City Council desires to provide for the division of revenue from taxation in the Project Area in accordance with the provisions of Section 403.19 of the Code of Iowa, as amended; and 54 Whereas, the following enactment is necessary to accomplish the objectives described in the premises. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, THAT: Section 1: For purposes of this Ordinance, the following terms shall have the following meanings: (a) Project Area shall mean that portion of the City of Dubuque, Iowa described in the Urban Renewal Plan for the Lake Ridge Economic Development District approved by Resolution No. 247 -11 on August 1, 2011, which Project Area includes the lots and par- cels located within the area now legally described as follows: Lot 2 of Lot 2 of Cedar Lake Plaza 3rd Addition in the City of Dubuque, Dubuque County, Iowa. (b) Urban Renewal Plan shall mean the Urban Renewal Plan for the Project Area ap- proved in Resolution No. 247 -11 on August 1, 2011. Section 2: The taxes levied on the taxable property in the Project Area, legally described in Section 1 hereof, by and for the benefit of the State of Iowa, City of Dubuque, County of Dubu- que, Dubuque Community School District, and all other taxing districts from and after the effec- tive date of this Ordinance shall be divided as hereinafter in this Ordinance provided. Section 3: That portion of the taxes which would be produced by the rate at which the tax is levied each year by or for each of the taxing districts taxing property in the Project Area upon the total sum of the assessed value of the taxable property in the Project Area, as shown on the assessment roll as of January 1 of the calendar year preceding the first calendar year in which the City of Dubuque certifies to the County Auditor the amount of loans, advances, in- debtedness, or bonds payable from the division of property tax revenue described herein (which certification is directed to be made during the 2011 calendar year), shall be allocated to and when collected be paid into the fund for the respective taxing district as taxes by or for said taxing district into which all other property taxes are paid. The taxes so determined shall be referred herein as the "base period taxes" for such Project Area. Section 4: That portion of the taxes each year in excess of the base period taxes for the Project Area, determined as provided in Section 3 of this Ordinance, shall be allocated to and when collected be paid into a special tax increment fund hereby established by the City of Dubuque to pay the principal of and interest on loans, monies advanced to, or indebtedness, whether funded, refunded, assumed or otherwise, including bonds issued under authority of Section 403.9 or Section 403.12 of the Code of Iowa, incurred by the City of Dubuque, Iowa to finance or refinance, in whole or in part, urban renewal projects undertaken within the Project Area pursuant to the Urban Renewal Plan, except that taxes for the regular and voter - approved physical plant and equipment levy of a school district imposed pursuant to Section 298.2, but only to the extent authorized in Section 403.19(2), and taxes for the payment of bonds and interest of each taxing district shall be collected against all taxable property within the Project Area without any limitation as hereinabove provided. Section 5: Unless or until the total assessed valuation of the taxable property in the Project Area exceeds the total assessed value of the taxable property in said area as shown by the assessment roll referred to in Section 3 of this Ordinance, all of the taxes levied and collected upon the taxable property in the Project Area shall be paid into the funds for the respective tax- ing districts as taxes by or for the taxing districts in the same manner as all other property tax- es. Section 6: At such time as the loans, monies advanced, bonds and interest thereon and in- debtedness of the City of Dubuque referred to in Section 4 hereof have been paid, all monies thereafter received from taxes upon the taxable property in the Project Area shall be paid into the funds for the respective taxing districts in the same manner as taxes on all other property. 55 Section 7. All ordinances or parts of ordinances in conflict with the provisions of this Ordi- nance are hereby repealed. The provisions of this Ordinance are intended and shall be con- strued so as to fully implement the provisions of Section 403.19 of the Code of Iowa, as amended, with respect to the division of taxes from property within the Project Area as de- scribed above. In the event that any provision of this Ordinance shall be determined to be con- trary to law, it shall not affect other provisions or application of this Ordinance which shall at all times be construed to fully invoke the provisions of Section 403.19 of the Code of Iowa with reference to the Project Area and the territory contained therein. Section 8: This Ordinance shall be in effect after its final passage, approval and publication as provided by law. Passed and approved this 15th day of August, 2011. /s /Roy D. Buol, Mayor Attest: /s /Kevin S. Firnstahl, Acting City Clerk Published officially in the Telegraph - Herald Newspaper August 19, 2011. /s /Kevin S. Firnstahl, Acting City Clerk Read first time: August 15, 2011 Read second time: August 15, 2011 Read third time: August 15, 2011 Passed and approved: August 15, 2011 Published: August 19, 2011 Green Alley Permeable Pavers Project: City Manager recommending rejection of all com- petitive bids received for the Green Alley Permeable Pavers Project (17th — 18th Streets be- tween Jackson and Washington Streets. Motion by Braig to receive and file the documents and adopt Resolution No. 283 -11 Rejecting all competitive bid proposals received for the Green Alley Permeable Pavers Project (17th — 18th Streets between Jackson and Washington Streets. Seconded by Jones. Motion carried 7 -0. RESOLUTION NO. 283 -11 REJECTING ALL COMPETITIVE BID PROPOSALS RECEIVED FOR THE GREEN ALLEY PERMEABLE PAVERS PROJECT (17th — 18th, BETWEEN JACKSON AND WASHINGTON STREETS) Whereas, competitive sealed bid proposals have been submitted by contractors for the Green Alley Permeable Pavers Project (17th — 18th, between Jackson and Washington Streets) (the Project) pursuant to Resolution No. 228 -11 and Notice to Bidders published in a newspa- per published in the City of Dubuque, Iowa on the 21st day of July, 2011; and Whereas, said competitive sealed bid proposals were opened and read on the 4th day of August, 2011; and Whereas, the City Council has deemed it advisable to reject all competitive sealed bid pro- posals the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. All competitive sealed bid proposals for the Project are hereby rejected. Section 2. The City Clerk is authorized and instructed to return the bid deposits of the un- successful bidders for the Project. Passed, approved and adopted this 15th day of August, 2011. Attest: Kevin S. Firnstahl, Acting City Clerk 56 Roy D. Buol, Mayor Port of Dubuque Marina Project — Bid Package No. 2: City Manager recommending award of the contract to the low bidder, Portzen Construction Inc., in the amount of $1,539,000, which is 0.71 % under the estimate of probable cost. The award of the improvement contract has re- ceived the approval and concurrence of the Iowa Department of Natural Resources and the U.S. Fish and Wildlife Service. Motion by Connors to receive and file the documents and adopt Resolution No. 284 -11 Awarding public improvement contract for the Port of Dubuque Marina Project, Bid Package 2 — Amenities Building & Site Work. Seconded by Lynch. Responding to questions from City Council, Assistant City Engineer Bob Schiesl stated that the building stage of the project is scheduled for completion in late March 2012, and the site work is scheduled for completion mid May 2012. Motion carried 7 -0. RESOLUTION NO. 284 -11 AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE PORT OF DUBUQUE MARI- NA PROJECT, BID PACKAGE 2 — AMENITIES BUILDING & SITE WORK Whereas, sealed proposals have been submitted by contractors for the Port of Dubuque Marina Project, Bid Package 2 - Amenities Building & Site Work (the Project) pursuant to Resolution No. 199 -11 and Notice to Bidders published in a newspaper published in the City of Dubuque, Iowa on the 23rd day of June, 2011. Whereas, said sealed proposals were opened and read on the 9th day of August, 2011 and it has been determined that Portzen Construction, Inc. of Dubuque, Iowa, with a base bid in the amount of $1,539,000.00, is the lowest responsive, responsible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a Public Improvement Contract for the Project is hereby awarded to Portzen Construc- tion, Inc. and the City Manager is hereby directed to execute a Public Improvement Contract on behalf of the City of Dubuque for the Project. Passed, approved and adopted this 15th day of August, 2011. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, Acting City Clerk Spahn and Rose Lumber Company: City Manager recommending the approval of a Devel- opment Agreement with Spahn & Rose Lumber Co. regarding the lease of the former City Op- erations and Maintenance building located at 925 Kerper Boulevard that includes a property tax rebate for the three -year life of the lease. Motion by Lynch to receive and file the docu- ments and adopt Resolution No. 285 -11 Approving a Development Agreement with Spahn & Rose Lumber Co. for the Property located at 925 Kerper Boulevard. Seconded by Connors. Motion carried 7 -0. RESOLUTION NO. 285 -11 APPROVING A DEVELOPMENT AGREEMENT WITH SPAHN & ROSE LUMBER CO. FOR THE PROPERTY LOCATED AT 925 KERPER BOULEVARD Whereas, the City of Dubuque, Iowa, has undertaken an Urban Renewal project for the pur- pose of advancing the community's ongoing economic development efforts in the Greater Downtown Urban Renewal District; and Whereas, the City of Dubuque, Iowa is encouraging the use of financial incentives to help finance code compliance activities and to spur redevelopment; and Whereas, it is the determination of this Council that approval of the Development Agreement for assistance to Spahn & Rose Lumber Co. during the time Spahn & Rose Lumber Co. is 57 leasing the facility pursuant to a Lease Agreement and according to the terms and conditions set out in the Development Agreement is in the public interest of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Development Agreement with Spahn & Rose Lumber Co. is hereby ac- cepted and approved. Section 2. That the Mayor is hereby authorized to execute, on behalf of the City Council of the City of Dubuque, Iowa, the attached Development Agreement with Spahn & Rose Lumber Co. Section 3. That the City Manager is hereby authorized to execute, on behalf of the City Council of the City of Dubuque, Iowa, all necessary documents and is further authorized to disburse grant funds in accordance with the terms and conditions of the executed agreement. Passed, approved and adopted this 15th day of August, 2011. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, Acting City Clerk Support of Green House Gas Reduction 2030 Target: City Manager recommending approv- al of the 50% by 2030 greenhouse gas reduction target as presented by Green Dubuque and a community -based Task Force at the July 5, 2011 City Council Work Session. This is consistent with one of the Mayor and the City Council's top priorities, Sustainable Dubuque. Motion by Jones to receive and file the documents and approve the recommendation. Seconded by Braig. Motion carried 7 -0. Green Vision Education: City Manager requesting approval to schedule a work session for Tuesday, September 6, 2011 at 5:15 p.m. on the Green Vision Education program of the Dubuque Metropolitan Area Solid Waste Agency. Motion by Connors to receive and file the document and approve the request. Seconded by Braig. Motion carried 7 -0. Bee Branch Creek Restoration Project Phase II Design: City Manager requesting approval to schedule a work session for Monday, September 12, 2011 at 6:00 p.m. to review the Bee Branch Creek Restoration Project Phase II design. Motion by Jones to receive and file the documents and approve the request. Seconded by Braig. Motion carried 7 -0. Disaster Assistance Update: City Manager submitting an update of the response to flooding from the July 27 and 28, 2011 storm. Motion by Lynch to receive and file the documents. Se- conded by Braig. Motion carried 7 -0. Bee Branch Creek Restoration Project — Acquisition of Junnie & Rich's Coin: City Manager recommending acquisition of a property at the northwest corner of the intersection of Cedar Street and 15t Street for $68,950 ($2,000 over the appraised value) as part of the Bee Branch Creek Restoration Project. Motion by Braig to receive and file the documents and adopt Reso- lution No. 286 -11 Approving the acquisition of real estate owned by Junnie & Rich's Coin in the City of Dubuque. Seconded by Connors. Motion carried 7 -0. 58 RESOLUTION NO. 286 -11 APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY JUNNIE & RICH'S COIN IN THE CITY OF DUBUQUE Whereas, the City of Dubuque intends to acquire certain properties located in the area of the Bee Branch Creek Restoration Project for stormwater mitigation activities as recommended in the 2001 "Drainage Basin Master Plan;" and Whereas, a purchase agreement has been finalized with the owner of the property sched- uled 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: W' /2 and E' /2 Lot 351 East Dubuque Addition in the City of Dubuque, Dubuque County, Io- wa At the cost of Sixty -Eight Thousand Nine Hundred Fifty and 00/100 Dollars ($68,950.00). Section 2. That the City of Dubuque be and is hereby authorized to accept a Warranty Deed from the owner, conveying the owner's interest to the City of Dubuque, Iowa for the herein de- scribed real estate. Section 3. That the City Clerk be and is hereby authorized and directed to cause said War- ranty Deed to be recorded in the office of the Dubuque County Recorder, together with certi- fied copy of the Resolution. Section 4. That the City Clerk be and is hereby directed to forward a copy of this Resolution to the Dubuque County Assessor and the Dubuque County Auditor. Passed, approved and adopted this 15th day of August, 2011. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, Acting City Clerk Bee Branch Creek Restoration Project — Acquisition of 2250 Washington Street: City Man- ager recommending acquisition of a duplex located at 2250 Washington Street for the Bee Branch Creek Restoration Project. Motion by Connors to receive and file the documents and adopt Resolution No. 287 -11 Approving the acquisition of real estate located at 2250 Washing- ton Street in the City of Dubuque, Iowa. Seconded by Jones. Motion carried 7 -0. RESOLUTION NO. 287 -11 APPROVING THE ACQUISITION OF REAL ESTATE LOCATED AT 2250 WASHINGTON STREET, IN THE CITY OF DUBUQUE, IOWA Whereas, the City of Dubuque intends to acquire certain properties located in the Bee Branch Creek Re- Alignment area for the purpose of rehabilitation and resale; and Whereas, such acquisition is intended to result in increased owner - occupied, improved properties and increased real estate values. Whereas, a purchase agreement has been finalized with the owner. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque, Iowa hereby approves the acquisition of the following legally- described property: Lot 1 of 4 of 103 in L.H. Langworthy's Addition in the City of Dubu- que, Iowa according to the recorded plat thereof at he cost of thirty -five thousand dollars ($35 000). 59 Section 2. That the City Clerk be and he is hereby authorized and directed to cause said Warranty Deed to be recorded in the Office of the Dubuque County Recorder, together with certified copy of the Resolution. Section 3. That the City Clerk be and he is hereby authorized and directed to forward a copy of this Resolution to the Dubuque County Assessor and the Dubuque County Auditor. Passed, approved and adopted this 15th day of August, 2011. Roy D. Buol, Mayor Attest: Kevin Firnstahl, Acting City Clerk Engine House No. 1: City Manager recommending approval of the assignment of the De- velopment Agreement between the City of Dubuque and Engine House #1, LLC, a subsidiary of Dubuque Initiatives, to Dubuque Bank & Trust Community Development Corporation to sell and rehabilitate the Engine House #1 building at 1805 Central Avenue which formerly housed the Housing Department offices. Motion by Connors to receive and file the documents and ap- prove the recommendation. Seconded by Braig. Motion carried 7 -0. CARADCO Landlord, LLC — Assignment of Development Agreement: City Manager recom- mending approval of an assignment of the Development Agreement, Downtown Rehabilitation Loan and Grants, and Waiver Agreement between the City of Dubuque and CARADCO Build- ing, LLLP, as subsidiary of Gronen Properties, to CARADCO Landlord, LLC, a different entity formed by Gronen Properties to own the CARADCO redevelopment project. Motion by Con- nors to receive and file the documents and approve the recommendation. Seconded by Resnick. Responding to questions from City Council, Economic Development Director Dave Heair provided information on the CARADCO name change. Motion carried 7 -0. CARADCO Building, LLLP: City Manager recommending a modification in the collateral pro- vided by CARADCO Building, LLLP, now CARADCO Landlord LLLP, for the $4.5 million IFA loan. Motion by Connors to receive and file the documents and approve the recommendation. Seconded by Resnick. Motion carried 7 -0. Long Range Planning Advisory Commission: Correspondence from the Long Range Plan- ning Advisory Commission requesting the City Council explore how widespread the lack of City Channel 8 coverage is and what can be done to increase access for the Dubuque community. Motion by Connors to receive and file the documents. Seconded by Jones. Motion carried 7 -0. Iowa Natural Heritage Foundation / Friends of the Mines of Spain: City Manager recom- mending the City enter into a Purchase Agreement with the Iowa Natural Heritage Foundation to possibly expand the size of the E.B. Lyons Interpretive Center site by 52 acres and further recommending that the City Council authorize the City Manager and City Attorney to negotiate the terms of the Purchase Agreement and authorize the City Manager to execute the Purchase Agreement on behalf of the City. Motion by Jones to receive and file the documents and ap- prove the recommendation. Seconded by Braig. Responding to questions from City Council, City Manager Van Milligen provided information on the City's interest in the property and the land auction process. Motion carried 7 -0. 60 COUNCIL MEMBER REPORTS Mayor Buol reported that the ship's bell from the USS Dubuque has arrived and Leisure Services Manager Marie Ware is working on display options and a formal presentation. There being no further business, upon motion the City Council adjourned at 8:23 p.m. /s /Kevin S. Firnstahl Acting City Clerk 61