11 19 07 City Council Proceedings Official
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
OFFICIAL
The Dubuque City Council met in regular session at 6:30 p.m. on November 19, 2007, in the
Historic Federal Building.
Present: Mayor Pro-Tem Cline, Mayor Roy Buol (Via Telephone) Council Members Braig,
Connors, Jones, Michalski, City Manager Van Milligen; City Attorney Lindahl
Absent: Council Member Kevin Lynch
Mayor Pro-Tem Cline read the call and stated this was a regular session of the Dubuque
City Council called for the purpose of discussing such matters which may properly come
before the City Council.
Invocation was provided by Dr. Ken Bickel, First Congregational UCC.
PRESENTATION
Presentation by Thomas Brady and David Colen of the United States Postal Inspection
Service to Fire Chief Dan Brown and Police Chief Kim Wadding in appreciation of support from
the Dubuque Police and Fire Departments as well as the Quad Cities Bomb Squad.
CONSENT ITEMS
Motion by Connors to receive and file the documents and dispose of as indicated. Seconded
by Braig. Planning Services Manager Laura Carstens requested (#23) Comprehensive Bluff
Plan be held for separate discussion. Motion carried 6-0.
Minutes and Reports Submitted: City Council of 11/5, 11/8 and 11/9; Human Rights
Commission of 10/8; Transit Board of 9/13; Zoning Advisory Commission of 11/7; Zoning Board
of Adjustment of 10/25. Upon motion the documents were received and filed.
Notice of Claims/Suits: Greg Droessler for vehicle damage; Eileen Geraghty for personal
injury. 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
Services of Iowa, the agent for the Iowa Communities Assurance Pool: Eileen Geraghty for
personal injury; Wesley A. Heimke for property damage; Latanji Threadgill for personal injury.
Upon motion the documents were received, filed, and concurred.
Loras College Pedestrian Bridge: City Manager recommending approval of an irrevocable
license in response to a request from James E. Collins, President of Loras College, to build a
pedestrian bridge over Cox Street. Upon motion the documents were received, filed, and
approved.
Dubuque Community Ice and Recreation Center, Inc.: Communication from Bob Woodward,
President – Dubuque Community Ice and Recreation Center, Inc., requesting financial
assistance from the City in support of their Vision Iowa Community Attraction and Tourism
(CAT) Program grant application. Upon motion the documents were received, filed, and
referred to the City Manager.
Citizen Communications: Communication from Nick Kean, 2918 Arabian Trail, requesting
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that the speed limit on Carter Road from Kane Street to 32 Street be changed to 35 miles per
hour.
Communication from John Callahan regarding staffing concerns at the 911 Center. Upon
motion the documents were received, filed, and referred to the City Manager.
Renewal Rates for Voluntary Dental Plan: City Manager recommending approval of the
renewal rates for the City’s voluntary dental plan. Upon motion the documents were received,
filed, and approved.
Drug Awareness Resistance Education (DARE) Contract: City Manager recommending
approval of the 2007/2008 DARE contract between the City of Dubuque, the Dubuque
Community Schools and the Holy Family Catholic Schools. Upon motion the documents were
received, filed, and approved.
Notice of Voluntary Settlement: Communication from the Board of Review advising of the
Voluntary Settlement Agreement with Mediacom Communications Corporation regarding their
property tax assessment appeal. Upon motion the documents were received and filed.
Stipulation of Settlements: City Attorney submitting a Stipulation of Settlement in the tax
assessment appeal of Ioana Mamali for property located at 700 Lowell Street.
City Attorney submitting a Stipulation of Settlement in the tax assessment appeal of Michael
Walsh for property located at 3270 Arboretum Drive.
City Attorney submitting a Stipulation of Settlement in the tax assessment appeal of Jeffrey
Spahn for property located at 1595 Geraldine Drive. Upon motion the documents were
received and filed.
Kaufmann Avenue Storm Sewer Extension Project: City Manager recommending
acceptance of the Kaufmann Avenue Storm Sewer Extension Project as completed by Drew
Cooks & Sons Excavating in the final contract amount of $30,576.37. Upon motion the
documents were received and filed and Resolution No. 542-07 Accepting the Kaufmann Alley
Storm Sewer Construction Project and authorizing payment to the contractor was adopted.
RESOLUTION NO. 542-07
ACCEPTING THE KAUFMANN ALLEY STORM SEWER CONSTRUCTION PROJECT AND
AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR
Whereas, the Public Improvement Contract for the Kaufmann Alley Storm Sewer
Construction Project (the Project) has been completed and the City Engineer has examined
the work and filed a certificate stating that the Project has been completed according to the
terms of the Public Improvement Contract and that the City Engineer recommends that the
Project be accepted; and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the City Engineer is approved and the Project is hereby
accepted.
Section 2. The Finance Director is hereby directed to pay to the Contractor from the FY2006
Kaufmann Alley Capital Improvement Project and FY2008 Storm Sewer
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Improvements/Extensions Capital Improvement Project appropriations for the contract amount
of $30,576.37 less any retained percentage provided for therein as provided in Iowa Code
chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code
chapter 573.
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Passed, approved and adopted this 19 day of November, 2007.
Patricia A. Cline, Mayor Pro Tem
Attest: Kevin S. Firnstahl, Assistant City Clerk
CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE KAUFMANN ALLEY
STORM SEWER CONSTRUCTION PROJECT
The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has
inspected the Kaufmann Alley Storm Sewer Construction Project, that the Project has been
performed in compliance with the terms of the Public Improvement Contract, and that the total
cost of the completed work is $36,079.55.
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Dated this 14 day of November, 2007.
Gus Psihoyos, City Engineer
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Filed in the office of the City Clerk on the 15 day of November, 2007.
Jeanne F. Schneider, CMC, City Clerk
Third Floor Expansion Project: City Manager recommending acceptance of the Third Floor
Expansion Project as completed by Klauer Development Corporation, in the final contract
amount of $63,429. Upon motion the documents were received and filed and Resolution No.
543-07 Accepting the Third Floor Expansion Project and authorizing payment to the contractor
was adopted.
RESOLUTION NO. 543-07
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ACCEPTING THE 3 FLOOR OFFICE EXPANSION PROJECT – DUBUQUE CITY HALL
AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE
CONTRACTOR
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Whereas, the Public Improvement Contract for the 3 Floor Office Expansion Project –
Dubuque City Hall (the Project) has been completed and the City Engineer has examined the
work and filed a certificate stating that the Project has been completed according to the terms
of the Public Improvement Contract and that the City Engineer recommends that the Project be
accepted; and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the City Engineer is approved and the Project is hereby
accepted.
Section 2. The Finance Director is hereby directed to pay to the Contractor from the
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Engineering Office Expansion – 3 Floor Capital Improvement Project and the Fiscal Year
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2008 Traffic Control Area on 3 Floor of City Hall Capital Improvement Project appropriations
for the contract amount of $63,429.00 less any retained percentage provided for therein as
provided in Iowa Code chapter 573, and to pay such retainage only in accordance with the
provisions of Iowa Code chapter 573.
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Passed, approved and adopted this 19 day of November, 2007.
Patricia A. Cline, Mayor Pro Tem
Attest: Kevin S. Firnstahl, Assistant City Clerk
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CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE 3 FLOOR OFFICE
EXPANSION PROJECT – DUBUQUE CITY HALL
The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has
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inspected the 3 Floor Office Expansion Project – Dubuque City Hall, 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 $73,470.07.
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Dated this 14 day of November, 2007.
Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the 15th day of November, 2007.
Jeanne F. Schneider, CMC, City Clerk
ENSR Monitoring Wells: City Manager recommending approval of a request from ENSR
Corporation to install two monitoring wells in the City right-of-way of Salina Street, south of
Railroad Avenue. Upon motion the documents were received, filed, and approved.
Plat of Survey – LT Kutsch Place: Zoning Advisory Commission recommending approval of
the Plat of Survey of Lots 1 and 2 of LT Kutsch Place and Lot 1 of LT Kutsch Place No. 2
located near North Grandview Avenue as requested by Buesing and Associates/Dr. Leonard
Kutsch. Upon motion the documents were received and filed and Resolution No. 544-07
Approving the Plat of Survey of LT Kutsch Place was adopted.
RESOLUTION NO. 544-07
RESOLUTION AUTHORIZING THE PLAT OF SURVEY OF LT KUTSCH PLACE
Whereas, there has been filed with the City Clerk a Plat of Survey of LT Kutsch Place in the
City of Dubuque; and
Whereas, said Plat of Survey has been examined by the Zoning Advisory Commission and
its approval endorsed thereon; and
Whereas, said Plat of Survey has been examined by the City Council and they find that it
conforms to the statutes and ordinances relating thereto.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Section 42-19(b) of the Subdivision Regulations is waived to allow Lot 1 and
Lot 2 to have 0 feet of frontage where 50 feet of lot frontage is required
Section 2. That the Plat of Survey of LT Kutsch Place is hereby approved and the Mayor
and City Clerk are hereby authorized and directed to endorse the approval of the City of
Dubuque, Iowa upon said Plat of Survey.
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Passed, approved and adopted this 19 day of November 2007.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Assistant City Clerk
Trolley Line Trail: City Manager recommending approval of the Fiscal Year 2008 REAP
Grant Agreement with the Iowa Department of Natural Resources for construction of the
Trolley Line Trail at Eagle Point Park. Upon motion the documents were received and filed and
Resolution No. 545-07 Authorizing a REAP Grant Agreement with the Iowa Department of
Natural Resources for the Trolley Line Trail was adopted.
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RESOLUTION NO. 545-07
RESOLUTION AUTHORIZING A REAP GRANT AGREEMENT WITH THE IOWA
DEPARTMENT OF NATURAL RESOURCES FOR TROLLEY LINE TRAIL
Whereas, the City of Dubuque has adopted a Comprehensive Plan that includes goals for
development of bike/hike trails; and
Whereas, the City of Dubuque has identified the Trolley Line Trail as an important
recreational facility to be developed as part of the City’s commitment to a citywide bike/hike
network adopted by the City of Dubuque in 1995; and
Whereas, the Iowa Department of Natural Resources has allocated grant funds in the REAP
(Resource Enhancement and Protection) Program for the development of the Trolley Line
Trail.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Mayor hereby is authorized to sign and the grant agreement with the Iowa
Department of Natural Resources for REAP funds for the Trolley Line Trail.
Section 2. That the City Council hereby provides its written assurance that the completed
project will be adequately maintained for its intended use in accordance with state
requirements.
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Passed, approved and adopted this 19 day of November 2007.
Patricia A. Cline, Mayor Pro Tem
Attest: Kevin S. Firnstahl, Assistant City Clerk
Downtown Rehabilitation Loan Agreement: City Manager recommending approval of a loan
agreement for a Downtown Rehabilitation Loan to support Cottingham and Butler’s
rehabilitation of the Security Building on Main Street. Upon motion the documents were
received and filed and Resolution No. 546-07 Authorizing execution of a Downtown
Rehabilitation Loan, Façade Grant and Design Grant to Cottingham and Butler’s Security
Building renovation project was adopted.
RESOLUTION NO. 546-07
A RESOLUTION AUTHORIZING EXECUTION OF A DOWNTOWN REHABILITATION
LOAN, FAÇADE GRANT, AND DESIGN GRANT TO COTTINGHAM & BUTLER SECURITY
BUILDING RENOVATION.
Whereas, the City of Dubuque, Iowa, has created a Downtown Rehabilitation Loan/Grant
Program for the purpose of stimulating reinvestment in the Greater Downtown Urban Renewal
District; and
Whereas, the City of Dubuque, Iowa is encouraging the use of this loan/grant program to
finance code compliance activities and to spur job creation activities; and
Whereas, the amended and restated development agreement with Cottingham & Butler, Inc.
and Security Investments, LLC approved by resolution 494-07 committed to a $300,000
Downtown Rehabilitation Loan, $10,000 Façade Grant, and $10,000 Design Grant for the
renovation of the Security Building.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Council approves the attached Loan Agreement with Security
Investments, LLC.
Section 2. That the City Manager is hereby authorized to execute, on behalf of the City
Council of the City of Dubuque, Iowa, all necessary loan documents and is further authorized
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to disburse loan funds from the Downtown Rehabilitation Loan/Grant Program, in accordance
with the terms and conditions of the executed agreement.
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Passed, approved and adopted this 19 day of November, 2007.
Patricia A. Cline, Mayor Pro Tem
Attest: Kevin S. Firnstahl, Assistant City Clerk
Valentine Park Restroom Project: City Manager recommending acceptance of the Valentine
Park Restroom Project as completed by Mike Strub Construction, Inc., in the final contract
amount of $66,662.07. Upon motion the documents were received and filed and Resolution
No. 547-07 Accepting improvement and Resolution No. 548-07 Approving final estimate were
adopted.
RESOLUTION NO. 547-07
ACCEPTING IMPROVEMENT
WHEREAS, the contract for the Valentine Park Rest Room Project has been completed and
the City Manager has examined the work and filed his certificate stating that the same has
been completed according to the terms of the contract, plans and specifications and
recommends its acceptance.
NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
1. That the recommendation of the City Manager be approved and that said improvement
be and the same is hereby accepted.
BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to
the contractor from the General Fund in amount equal to the amount of his contract, less any
retained percentage provided for therein.
Passed, approved and adopted this 19th day of November, 2007.
Patricia A. Cline, Mayor Pro Tem
Attest: Kevin S. Firnstahl, Assistant City Clerk
RESOLUTION NO. 548-07
FINAL ESTIMATE
WHEREAS, the contract for the Valentine Park Rest Room Project has been completed and
the Engineer has submitted his final estimate showing the cost thereof including the cost of
estimates, notices and inspection and all miscellaneous costs;
NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the cost of said improvement is hereby determined to be $66,662.07 and
the said amount shall be paid from the General Fund of the City of Dubuque, Iowa.
Passed, approved and adopted this 19th day of November, 2007.
Patricia A. Cline, Mayor Pro Tem
Attest: Kevin S. Firnstahl, Assistant City Clerk
PEG Capital Grant Expenditures: City Manager recommending approval of two requests for
funding from the Capital Grant for Access Equipment and Facilities. Upon motion the
documents were received, filed, and approved.
General Obligation Bonds – Series 2007A: City Manager recommending approval of the
final action necessary for the issuance of the General Obligation Bonds – Series 2007A in
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support of stormwater projects. Upon motion the documents were received and filed and
Resolution No. 549-07 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; and Resolution No. 550-07 Authorizing and providing for the issuance of
$1,055,000 General Obligation Bonds, Series 2007A, and levying a tax to pay said bonds were
adopted.
RESOLUTION No. 549-07
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, $1,055,000
General Obligation Bonds, Series 2007A, dated December 1, 2007, have been sold at public
sale and action should now be taken to provide for the maintenance of records, registration of
certificates and payment of principal and interest in connection with the issuance of the Bonds;
and
WHEREAS, this Council has deemed that the services offered by Wells Fargo Bank,
National Association of Des Moines, Iowa, are necessary for compliance with rules,
regulations, and requirements governing the registration, transfer and payment of registered
Bonds; and
WHEREAS, a Paying Agent, Bond Registrar and Transfer Agent Agreement (hereafter
"Agreement") has been prepared to be entered into between the City and Wells Fargo Bank,
National Association.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE,
IOWA:
Section 1. That Wells Fargo Bank, National Association of Des Moines, Iowa, is hereby
appointed to serve as Paying Agent, Bond Registrar and Transfer Agent in connection with the
issuance of $1,055,000 General Obligation Bonds, Series 2007A, dated December 1, 2007.
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 19th day of November, 2007.
Patricia A. Cline, Mayor Pro Tem
Attest: Kevin S. Firnstahl, Assistant City Clerk
RESOLUTION NO. 550-07
AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $1,055,000 GENERAL
OBLIGATION BONDS, SERIES 2007A, 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 construction and installation of
sanitary sewer improvements and extensions, including those costs associated with the
Asbury Plaza Lift Station and Force Main Project, essential corporate purposes, and it is
deemed necessary and advisable that General Obligation Bonds in the amount of $1,055,000
be issued for said purpose; and
WHEREAS, pursuant to the provisions of Chapter 75 of the Code of Iowa, the above
mentioned Bonds were heretofore sold at public sale and action should now be taken to issue
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said Bonds conforming to the terms and conditions of the best bid received at the advertised
public sale.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. Definitions. The following terms shall have the following meanings in this
Resolution unless the text expressly or by necessary implication requires otherwise:
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"Authorized Denominations" shall mean $5,000 or any integral multiple thereof.
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"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.
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"Bond Fund" shall mean the fund created in Section 3 of this Resolution.
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"Bonds" shall mean $1,055,000 General Obligation Bonds, Series 2007A, authorized to
be issued by this Resolution.
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"Cede & Co." shall mean Cede & Co., the nominee of DTC, and any successor nominee
of DTC with respect to the Bonds.
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"Continuing Disclosure Certificate" shall mean that certain Continuing Disclosure
Certificate executed by the Issuer and dated the date of issuance and delivery of the Bonds, as
originally executed and as it may be amended from time to time in accordance with the terms
thereof.
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"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.
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"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.
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"Issuer" and "City" shall mean the City of Dubuque, Iowa.
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"Participants" shall mean those broker-dealers, banks and other financial institutions for
which DTC holds Bonds as securities depository.
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"Paying Agent" shall mean Wells Fargo Bank, National Association, or such successor as
may be approved by Issuer as provided herein and who shall carry out the duties prescribed
herein as Issuer's agent to provide for the payment of principal of and interest on the Bonds as
the same shall become due.
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"Project Fund" shall mean the fund required to be established by this Resolution for the
deposit of the proceeds of the Bonds.
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"Rebate Fund" shall mean the fund so defined in and established pursuant to the Tax
Exemption Certificate.
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"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.
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"Representation Letter" shall mean the Blanket Issuer Letter of Representations executed
and delivered by the Issuer to DTC.
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"Resolution" shall mean this resolution authorizing the Bonds.
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"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.
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"Treasurer" shall mean the City Treasurer or such other officer as shall succeed to the
same duties and responsibilities with respect to the recording and payment of the Bonds
issued hereunder.
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Section 2. Levy and Certification of Annual Tax; Other Funds to be Used.
(a) Levy of Annual Tax. That for the purpose of providing funds to pay the principal and
interest of the Bonds hereinafter authorized to be issued, there is hereby levied for each future
year the following direct annual tax on all of the taxable property in Dubuque, Iowa, to-wit:
FISCAL YEAR (JULY 1 TO JUNE 30)
YEAR OF COLLECTION
AMOUNT
$155,774 2008/2009
138,783 2009/2010
140,213 2010/2011
141,418 2011/2012
137,393 2012/2013
138,368 2013/2014
139,108 2014/2015
139,608 2015/2016
139,928 2016/2017
(NOTE: For example the levy to be made and certified against the taxable valuations of
January 1, 2007, will be collected during the fiscal year commencing July 1, 2008).
(b) Resolution to be Filed With County Auditor. A certified copy of this Resolution should be
filed with the County Auditor of Dubuque County, Iowa, and said Auditor is hereby instructed in
and for each of the years as provided, to levy and assess the tax hereby authorized in Section
2 of this Resolution, in like manner as other taxes are levied and assessed, and such taxes so
levied in and for each of the years aforesaid be collected in like manner as other taxes of the
City are collected, and when collected be used for the purpose of paying principal and interest
on said Bonds issued in anticipation of said tax, and for no other purpose whatsoever.
(c) Additional City Funds Available. Principal and interest coming due at any time when the
proceeds of said tax on hand shall be insufficient to pay the same shall be promptly paid when
due from current funds of the City available for that purpose and reimbursement shall be made
from such special fund in the amounts thus advanced.
Section 3. Bond Fund. Said tax shall be collected each year at the same time and in the
same manner as, and in addition to, all other taxes in and for the City, and when collected they
shall be converted into a special fund within the Debt Service Fund to be known as the
"GENERAL OBLIGATION BOND FUND 2007A" (the "Bond Fund"), which is hereby pledged
for and shall be used only for the payment of the principal of and interest on the Bonds
hereinafter authorized to be issued; and also there shall be apportioned to said fund its
proportion of taxes received by the City from property that is centrally assessed by the State of
Iowa.
Section 4. Application of Bond Proceeds. Proceeds of the Bonds other than accrued interest
except as may be provided below shall be credited to the Project Fund and expended
therefrom for the purposes of issuance. Any amounts on hand in the Project Fund shall be
available for the payment of the principal of or interest on the Bonds at any time that other
funds shall be insufficient to the purpose, in which event such funds shall be repaid to the
Project Fund at the earliest opportunity. Any balance on hand in the Project Fund and not
immediately required for its purposes may be invested not inconsistent with limitations
provided by law or this Resolution. Accrued interest, if any, shall be deposited in the Bond
Fund.
Section 5. Investments of Bond Fund Proceeds. All moneys held in the Bond Fund,
provided for by Section 3 of this Resolution shall be invested in investments permitted by
Chapter 12B, Code of Iowa, 2007 (formerly Chapter 452, Code of Iowa, as amended) or
deposited in financial institutions which are members of the Federal Deposit Insurance
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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 the State Sinking Fund
provided under Chapter 12C of the Code of Iowa, 2007, as amended or otherwise by a valid
pledge of direct obligations of the United States Government having an equivalent market
value. All such interim investments shall mature before the date on which the moneys are
required for payment of principal of or interest on the Bonds as herein provided.
Section 6. Bond Details, Execution and Redemption.
(a) Bond Details. General Obligation Bonds of the City in the amount of $1,055,000, shall be
issued pursuant to the provisions of Sections 384.24 and 384.25 of the City Code of Iowa for
the aforesaid purpose. The Bonds shall be designated "GENERAL OBLIGATION BOND,
SERIES 2007A", be dated December 1, 2007, and bear interest from the date thereof, until
payment thereof, at the office of the Paying Agent, said interest payable on June 1, 2008, and
semiannually thereafter on the lst day of June and December in each year until maturity at the
rates hereinafter provided.
The Bonds shall be executed by the manual or facsimile signature of the Mayor and
attested by the manual or facsimile signature of the Clerk, and impressed or printed with the
seal of the City and shall be fully registered as to both principal and interest as provided in this
Resolution; principal, interest and premium, if any, shall be payable at the office of the Paying
Agent by mailing of a check to the registered owner of the Bond. The Bonds shall be in the
denomination of $5,000 or multiples thereof. The Bonds shall mature and bear interest as
follows:
Interest Principal Maturity
Rate Amount June 1st
3.400% $100,000 2009
3.400 105,000 2010
3.450 110,000 2011
3.500 115,000 2012
3.500 115,000 2013
3.550 120,000 2014
3.600 125,000 2015
3.600 130,000 2016
3.650 135,000 2017
(b) Redemption. Bonds maturing after June 1, 2015 may be called for redemption by the
Issuer and paid before maturity on said date or any date thereafter, from any funds regardless
of source, in whole or from time to time in part, in any order of maturity and within an annual
maturity by lot. The terms of redemption shall be par, plus accrued interest to date of call.
Thirty days' notice of redemption shall be given by certified mail to the registered owner of
the Bond. Failure to give such notice by mail to any registered owner of the Bonds or any
defect therein shall not affect the validity of any proceedings for the redemption of the Bonds.
All bonds or portions thereof called for redemption will cease to bear interest after the specified
redemption date, provided funds for their redemption are on deposit at the place of payment.
If selection by lot within a maturity is required, the Registrar shall designate the bonds to be
redeemed by random selection of the names of the registered owners of the entire annual
maturity until the total amount of bonds to be called has been reached.
Section 7. Issuance of Bonds in Book-Entry Form; Replacement Bonds.
(a) Notwithstanding the other provisions of this Resolution regarding registration, ownership,
transfer, payment and exchange of the Bonds, unless the Issuer determines to permit the
exchange of Depository Bonds for Bonds in the Authorized Denominations, the Bonds shall be
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issued as Depository Bonds in denominations of the entire principal amount of each maturity of
Bonds (or, if a portion of said principal amount is prepaid, said principal amount less the
prepaid amount); and such Depository Bonds shall be registered in the name of Cede & Co.,
as nominee of DTC. Payment of semi-annual interest for any Depository Bond shall be made
by wire transfer or New York Clearing House or equivalent next day funds to the account of
Cede & Co. on the interest payment date for the Bonds at the address indicated in or pursuant
to the Representation Letter.
(b) With respect to Depository Bonds, neither the Issuer nor the Paying Agent shall have
any responsibility or obligation to any Participant or to any Beneficial Owner. Without limiting
the immediately preceding sentence, neither the Issuer nor the Paying Agent shall have any
responsibility or obligation with respect to (i) the accuracy of the records of DTC or its nominee
or of any Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any
Participant, any Beneficial Owner or any other person, other than DTC or its nominee, of any
notice with respect to the Bonds, (iii) the payment to any Participant, any Beneficial Owner or
any other person, other than DTC or its nominee, of any amount with respect to the principal
of, premium, if any, or interest on the Bonds, or (iv) the failure of DTC to provide any
information or notification on behalf of any Participant or Beneficial Owner.
The Issuer and the Paying Agent may treat DTC or its nominee as, and deem DTC or its
nominee to be, the absolute owner of each Bond for the purpose of payment of the principal of,
premium, if any, and interest on such Bond, for the purpose of all other matters with respect to
such Bond, for the purpose of registering transfers with respect to such Bonds, and for all other
purposes whatsoever (except for the giving of certain Bondholder consents, in accordance with
the practices and procedures of DTC as may be applicable thereto). The Paying Agent shall
pay all principal of, premium, if any, and interest on the Bonds only to or upon the order of the
Bondholders as shown on the Registration Books, and all such payments shall be valid and
effective to fully satisfy and discharge the Issuer's obligations with respect to the principal of,
premium, if any, and interest on the Bonds to the extent so paid. Notwithstanding the
provisions of this Resolution to the contrary (including without limitation those provisions
relating to the surrender of Bonds, registration thereof, and issuance in Authorized
Denominations), as long as the Bonds are Depository Bonds, full effect shall be given to the
Representation Letter and the procedures and practices of DTC thereunder, and the Paying
Agent shall comply therewith.
(c) Upon (i) a determination by the Issuer that DTC is no longer able to carry out its
functions or is otherwise determined unsatisfactory, or (ii) a determination by DTC that the
Bonds are no longer eligible for its depository services or (iii) a determination by the Paying
Agent that DTC has resigned or discontinued its services for the Bonds, if such substitution is
authorized by law, the Issuer shall (A) designate a satisfactory substitute depository as set
forth below or, if a satisfactory substitute is not found, (B) provide for the exchange of
Depository Bonds for replacement Bonds in Authorized Denominations.
(d) To the extent authorized by law, if the Issuer determines to provide for the exchange of
Depository Bonds for Bonds in Authorized Denominations, the Issuer shall so notify the Paying
Agent and shall provide the Registrar with a supply of executed unauthenticated Bonds to be
so exchanged. The Registrar shall thereupon notify the owners of the Bonds and provide for
such exchange, and to the extent that the Beneficial Owners are designated as the transferee
by the owners, the Bonds will be delivered in appropriate form, content and Authorized
Denominations to the Beneficial Owners, as their interests appear.
(e) Any substitute depository shall be designated in writing by the Issuer to the Paying
Agent. Any such substitute depository shall be a qualified and registered "clearing agency" as
provided in Section 17A of the Securities Exchange Act of 1934, as amended. The substitute
11
depository shall provide for (i) immobilization of the Depository Bonds, (ii) registration and
transfer of interests in Depository Bonds by book entries made on records of the depository or
its nominee and (iii) payment of principal of, premium, if any, and interest on the Bonds in
accordance with and as such interests may appear with respect to such book entries.
Section 8. Registration of Bonds; Appointment of Registrar; Transfer; Ownership; Delivery;
and Cancellation.
(a) Registration. The ownership of Bonds may be transferred only by the making of an entry
upon the books kept for the registration and transfer of ownership of the Bonds, and in no
other way. Wells Fargo Bank, National Association is hereby appointed as Bond Registrar
under the terms of this Resolution (and under the provisions of a separate agreement with the
Issuer filed herewith which is made a part hereof by this reference.) Registrar shall maintain
the books of the Issuer for the registration of ownership of the Bonds for the payment of
principal of and interest on the Bonds as provided in this Resolution. All Bonds shall be
negotiable as provided in Article 8 of the Uniform Commercial Code and Section 384.31 of the
Code of Iowa, subject to the provisions for registration and transfer contained in the Bonds and
in this Resolution.
(b) Transfer. The ownership of any Bond may be transferred only upon the Registration
Books kept for the registration and transfer of Bonds and only upon surrender thereof at the
office of the Registrar together with an assignment duly executed by the holder or his duly
authorized attorney in fact in such form as shall be satisfactory to the Registrar, along with the
address and social security number or federal employer identification number of such
transferee (or, if registration is to be made in the name of multiple individuals, of all such
transferees). In the event that the address of the registered owner of a Bond (other than a
registered owner which is the nominee of the broker or dealer in question) is that of a broker or
dealer, there must be disclosed on the Registration Books the information pertaining to the
registered owner required above. Upon the transfer of any such Bond, a new fully registered
Bond, of any denomination or denominations permitted by this Resolution in aggregate
principal amount equal to the unmatured and unredeemed principal amount of such transferred
fully registered Bond, and bearing interest at the same rate and maturing on the same date or
dates shall be delivered by the Registrar.
(c) Registration of Transferred Bonds. In all cases of the transfer of the Bonds, the Registrar
shall register, at the earliest practicable time, on the Registration Books, the Bonds, in
accordance with the provisions of this Resolution.
(d) Ownership. As to any Bond, the person in whose name the ownership of the same shall
be registered on the Registration Books of the Registrar shall be deemed and regarded as the
absolute owner thereof for all purposes, and payment of or on account of the principal of any
such Bonds and the premium, if any, and interest thereon shall be made only to or upon the
order of the registered owner thereof or his legal representative. All such payments shall be
valid and effectual to satisfy and discharge the liability upon such Bond, including the interest
thereon, to the extent of the sum or sums so paid.
(e) Cancellation. All Bonds which have been redeemed shall not be reissued but shall be
cancelled by the Registrar. All Bonds which are cancelled by the Registrar shall be destroyed
and a certificate of the destruction thereof shall be furnished promptly to the Issuer; provided
that if the Issuer shall so direct, the Registrar shall forward the cancelled Bonds to the Issuer.
(f) Non-Presentment of Bonds. In the event any payment check representing payment of
principal of or interest on the Bonds is returned to the Paying Agent or if any bond is not
presented for payment of principal at the maturity or redemption date, if funds sufficient to pay
such principal of or interest on Bonds shall have been made available to the Paying Agent for
the benefit of the owner thereof, all liability of the Issuer to the owner thereof for such interest
12
or payment of such Bonds shall forthwith cease, terminate and be completely discharged, and
thereupon it shall be the duty of the Paying Agent to hold such funds, without liability for
interest thereon, for the benefit of the owner of such Bonds who shall thereafter be restricted
exclusively to such funds for any claim of whatever nature on his part under this Resolution or
on, or with respect to, such interest or Bonds. The Paying Agent's obligation to hold such funds
shall continue for a period equal to two years and six months following the date on which such
interest or principal became due, whether at maturity, or at the date fixed for redemption
thereof, or otherwise, at which time the Paying Agent, shall surrender any remaining funds so
held to the Issuer, whereupon any claim under this Resolution by the Owners of such interest
or Bonds of whatever nature shall be made upon the Issuer.
(g) Registration and Transfer Fees. The Registrar may furnish to each owner, at the Issuer's
expense, one bond for each annual maturity. The Registrar shall furnish additional bonds in
lesser denominations (but not less than the minimum denomination) to an owner who so
requests.
Section 9. Reissuance of Mutilated, Destroyed, Stolen or Lost Bonds. In case any
outstanding Bond shall become mutilated or be destroyed, stolen or lost, the Issuer shall at the
request of Registrar authenticate and deliver a new Bond of like tenor and amount as the Bond
so mutilated, destroyed, stolen or lost, in exchange and substitution for such mutilated Bond to
Registrar, upon surrender of such mutilated Bond, or in lieu of and substitution for the Bond
destroyed, stolen or lost, upon filing with the Registrar evidence satisfactory to the Registrar
and Issuer that such Bond has been destroyed, stolen or lost and proof of ownership thereof,
and upon furnishing the Registrar and Issuer with satisfactory indemnity and complying with
such other reasonable regulations as the Issuer or its agent may prescribe and paying such
expenses as the Issuer may incur in connection therewith.
Section 10. Record Date. Payments of principal and interest, otherwise than upon full
redemption, made in respect of any Bond, shall be made to the registered holder thereof or to
their designated agent as the same appear on the books of the Registrar on the 15th day
preceding the payment date. All such payments shall fully discharge the obligations of the
Issuer in respect of such Bonds to the extent of the payments so made. Payment of principal
shall only be made upon surrender of the Bond to the Paying Agent.
Section 11. Execution, Authentication and Delivery of the Bonds. Upon the adoption of this
Resolution, the Mayor and Clerk shall execute and deliver the Bonds to the Registrar, who
shall authenticate the Bonds and deliver the same to or upon order of the Purchaser. No Bond
shall be valid or obligatory for any purpose or shall be entitled to any right or benefit hereunder
unless the Registrar shall duly endorse and execute on such Bond a Certificate of
Authentication substantially in the form of the Certificate herein set forth. Such Certificate upon
any Bond executed on behalf of the Issuer shall be conclusive evidence that the Bond so
authenticated has been duly issued under this Resolution and that the holder thereof is entitled
to the benefits of this Resolution.
No Bonds shall be authenticated and delivered by the Registrar unless and until there shall
have been provided the following:
1. A certified copy of the Resolution of Issuer authorizing the issuance of the Bonds;
2. A written order of Issuer signed by the Treasurer of the Issuer directing the authentication
and delivery of the Bonds to or upon the order of the Purchaser upon payment of the
purchase price as set forth therein;
3. The approving opinion of Ahlers & Cooney, P.C., Bond Counsel, concerning the validity
and legality of all the Bonds proposed to be issued.
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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].
Section 14. Contract Between Issuer and Purchaser. This Resolution constitutes a contract
between said City and the purchaser of the Bonds.
Section 15. Non-Arbitrage Covenants. The Issuer reasonably expects and covenants that
no use will be made of the proceeds from the issuance and sale of the Bonds issued
hereunder which will cause any of the Bonds to be classified as arbitrage bonds within the
meaning of Sections 148(a) and (b) of the Internal Revenue Code of the United States, as
amended, and that throughout the term of the Bonds it will comply with the requirements of
statutes and regulations issued thereunder.
To the best knowledge and belief of the Issuer, there are no facts or circumstances that
would materially change the foregoing statements or the conclusion that it is not expected that
the proceeds of the Bonds will be used in a manner that would cause the Bonds to be
arbitrage bonds. Without limiting the generality of the foregoing, the Issuer hereby agrees to
comply with the provisions of the Tax Exemption Certificate and the provisions of the Tax
Exemption Certificate are hereby incorporated by reference as part of this Resolution. The
Treasurer is hereby directed to make and insert all calculations and determinations necessary
to complete the Tax Exemption Certificate in all respects and to execute and deliver the Tax
Exemption Certificate at issuance of the Bonds to certify as to the reasonable expectations and
covenants of the Issuer at that date.
Section 16. Additional Covenants, Representations and Warranties of the Issuer. The Issuer
certifies and covenants with the purchasers and holders of the Bonds from time to time
outstanding that the Issuer through its officers, (a) will make such further specific covenants,
representations and assurances as may be necessary or advisable; (b) comply with all
representations, covenants and assurances contained in the Tax Exemption Certificate, which
Tax Exemption Certificate shall constitute a part of the contract between the Issuer and the
owners of the Bonds; (c) consult with bond counsel (as defined in the Tax Exemption
Certificate); (d) pay to the United States, as necessary, such sums of money representing
required rebates of excess arbitrage profits relating to the Bonds; (e) file such forms,
statements and supporting documents as may be required and in a timely manner; and (f) if
deemed necessary or advisable by its officers, to employ and pay fiscal agents, financial
advisors, attorneys and other persons to assist the Issuer in such compliance.
Section 17. Amendment of Resolution to Maintain Tax Exemption. This Resolution may be
amended without the consent of any owner of the Bonds if, in the opinion of bond counsel,
such amendment is necessary to maintain tax exemption with respect to the Bonds under
applicable Federal law or regulations.
Section 18. Qualified Tax-Exempt Obligations. For the sole purpose of qualifying the Bonds
as "Qualified Tax-Exempt Obligations" pursuant to the Internal Revenue Code of the United
States, the Issuer designates the Bonds as qualified tax-exempt obligations and represents
that the reasonably anticipated amount of tax-exempt governmental and Code Section 501(c)3
obligations which will be issued during the current calendar year will not exceed Ten (10)
Million Dollars.
Section 19. Continuing Disclosure. The Issuer hereby covenants and agrees that it will
comply with and carry out all of the provisions of the Continuing Disclosure Certificate, and the
provisions of the Continuing Disclosure Certificate are hereby incorporated by reference as
part of this Resolution and made a part hereof. Notwithstanding any other provision of this
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Resolution, failure of the Issuer to comply with the Continuing Disclosure Certificate shall not
be considered an event of default under this Resolution; however, any holder of the Bonds or
Beneficial Owner may take such actions as may be necessary and appropriate, including
seeking specific performance by court order, to cause the Issuer to comply with its obligations
under the Continuing Disclosure Certificate. For purposes of this section, "Beneficial Owner"
means any person which (a) has the power, directly or indirectly, to vote or consent with
respect to, or to dispose of ownership of, any Bond (including persons holding Bonds through
nominees, depositories or other intermediaries), or (b) is treated as the owner of any Bonds for
federal income tax purposes.
Section 20. Severability Clause. If any section, paragraph, clause or provision of this
Resolution be held invalid, such invalidity shall not affect any of the remaining provisions
hereof, and this Resolution shall become effective immediately upon its passage and approval.
Section 21. Repeal of Conflicting Resolutions or Ordinances. That all ordinances and
resolutions and parts of ordinances and resolutions in conflict herewith are hereby repealed.
th
Passed, approved, and adopted this 19 day of November, 2007.
Patricia A. Cline, Mayor Pro Tem
Attest: Kevin S. Firnstahl, Assistant City Clerk
General Obligation Refunding Bonds – Series 2007B: City Manager recommending
approval of the final action necessary for the issuance of the General Obligation Refunding
Bonds – Series 2007B. Upon motion the documents were received and filed and Resolution
No. 551-07 Appointing Wells Fargo Bank, National Association of Des Moines, Iowa, to serve
as Paying Agent, Bond Registrar, and Transfer Agent and approving the Paying Agent and
Bond Registrar and Transfer Agent Agreement and authorizing the execution of the
Agreement; Resolution No. 552-07 Authorizing and providing for the issuance of $2,965,000
General Obligation Refunding Bonds, Series 2007B, and levying a tax to pay said bonds; and
Resolution No. 553-07 Authorizing the redemption of the outstanding General Obligation
Bonds, Series 2000C, dated November 1, 2000, of the City of Dubuque, Iowa, and directing
notice of redemption were adopted.
RESOLUTION NO. 551-07
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, $2,965,000
General Obligation Refunding Bonds, Series 2007B, dated December 1, 2007, have been sold
at public sale and action should now be taken to provide for the maintenance of records,
registration of certificates and payment of principal and interest in connection with the issuance
of the Bonds; and
WHEREAS, this Council has deemed that the services offered by Wells Fargo Bank,
National Association of Des Moines, Iowa, are necessary for compliance with rules,
regulations, and requirements governing the registration, transfer and payment of registered
Bonds; and
WHEREAS, a Paying Agent, Bond Registrar and Transfer Agent Agreement (hereafter
"Agreement") has been prepared to be entered into between the City and Wells Fargo Bank,
National Association.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA:
15
Section 1. That Wells Fargo Bank, National Association of Des Moines, Iowa, is hereby
appointed to serve as Paying Agent, Bond Registrar and Transfer Agent in connection with the
issuance of $2,965,000 General Obligation Refunding Bonds, Series 2007B, dated December
1, 2007.
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.
th
Passed, approved, and adopted this 19 day of November, 2007.
Patricia A. Cline, Mayor Pro Tem
Attest: Kevin S. Firnstahl, Assistant City Clerk
RESOLUTION NO. 552-07
AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $2,965,000 GENERAL
OBLIGATION REFUNDING BONDS, SERIES 2007B, 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 refunding and refinancing of
certain outstanding City indebtedness, consisting of the General Obligation Bonds, Series
2000C, dated November 1, 2000, an essential corporate purpose, and it is deemed necessary
and advisable that General Obligation Refunding Bonds in the amount of $2,965,000 be issued
for said purpose; and
WHEREAS, pursuant to notice published as required by Section 384.25 of said Code, this
Council has held a public meeting and hearing upon the proposal to institute proceedings for
the issuance of said Bonds, and the Council is therefore now authorized to proceed with the
issuance of said Bonds; and
WHEREAS, pursuant to the provisions of Chapter 75 of the Code of Iowa, the above
mentioned Bonds were heretofore sold at public sale and action should now be taken to issue
said Bonds conforming to the terms and conditions of the best bid received at the advertised
public sale:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Definitions. The following terms shall have the following meanings in this
Resolution unless the text expressly or by necessary implication requires otherwise:
?
"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 $2,965,000 General Obligation Bonds, Series 2007B, authorized 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
Certificate executed by the Issuer and dated the date of issuance and delivery of the Bonds,
as originally executed and as it may be amended from time to time in accordance with the
terms thereof.
16
?
"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
purpose trust company, or any successor book-entry securities depository appointed for the
Bonds.
?
"Escrow Fund" shall mean the fund required to be established by this Resolution for the
deposit of the proceeds of 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
prescribed herein as Issuer's agent to provide for the payment of principal of and interest on
the Bonds as the same shall become due.
?
"Rebate Fund" shall mean the fund so defined in and established pursuant to the Tax
Exemption Certificate.
?
"Refunded Bonds" shall mean the 2010 through 2017 principal maturities of the
General Obligation Bonds, Series 2000C, dated November 1, 2000.
?
"Refunding Trust Agreement" shall mean the Refunding Trust Agreement dated as of
December 1, 2007 between the Issuer and Wells Fargo Bank, N.A., as Trustee thereunder.
?
"Representation Letter" shall mean the Blanket Issuer Letter of Representations
executed and delivered by the Issuer to DTC.
?
"Resolution" shall mean this resolution authorizing the Bonds.
?
"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 City Treasurer or such other officer as shall succeed to the
same duties and responsibilities with respect to the recording and payment of the Bonds
issued hereunder.
Section 2. Levy and Certification of Annual Tax; Other Funds to be Used.
(a) Levy of Annual Tax. That for the purpose of providing funds to pay the principal and
interest of the Bonds hereinafter authorized to be issued, there is hereby levied for each future
year the following direct annual tax on all of the taxable property in Dubuque, Iowa, to-wit:
FISCAL YEAR (JULY 1 TO JUNE 30)
AMOUNT
YEAR OF COLLECTION:
$166,781 2008/2009
431,188 2009/2010
434,188 2010/2011
436,625 2011/2012
433,500 2012/2013
435,000 2013/2014
435,938 2014/2015
441,313 2015/2016
440,938 2016/2017
(NOTE: For example the levy to be made and certified against the taxable valuations of
January 1, 2007, will be collected during the fiscal year commencing July 1, 2008).
(b) Resolution to be Filed With County Auditor. A certified copy of this Resolution should be
filed with the County Auditor of Dubuque County, Iowa, and said Auditor is hereby instructed in
and for each of the years as provided, to levy and assess the tax hereby authorized in Section
17
2 of this Resolution, in like manner as other taxes are levied and assessed, and such taxes so
levied in and for each of the years aforesaid be collected in like manner as other taxes of the
City are collected, and when collected be used for the purpose of paying principal and interest
on said Bonds issued in anticipation of said tax, and for no other purpose whatsoever.
(c) Additional City Funds Available. Principal and interest coming due at any time when the
proceeds of said tax on hand shall be insufficient to pay the same shall be promptly paid when
due from current funds of the City available for that purpose and reimbursement shall be made
from such special fund in the amounts thus advanced.
Section 3. Bond Fund. Said tax shall be collected each year at the same time and in the
same manner as, and in addition to, all other taxes in and for the City, and when collected they
shall be converted into a special fund within the Debt Service Fund to be known as the
"GENERAL OBLIGATION REFUNDING BOND FUND 2007B" (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. Deposit of Proceeds In Escrow. The proceeds derived from the sale of the Bonds
herein authorized shall be placed in escrow with Wells Fargo Bank, N.A. of Dubuque, Iowa, as
Trustee under the Refunding Trust Agreement, which Trustee shall 1) hold such proceeds in a
special and irrevocable trust fund, 2) invest such proceeds only in cash or direct obligations of
the United States, and 3) apply such proceeds and earnings thereon only in accordance with
the terms and conditions of the Refunding Trust Agreement in such manner that the amounts
deposited will be sufficient, without the need of any further investment or reinvestment to retire
all of the Refunded Bonds on June 1, 2009. All the terms and conditions of the Refunding Trust
Agreement are hereby incorporated by reference in this Resolution as if set forth herein in full.
The Refunding Trust Agreement is hereby approved and confirmed as binding upon the Issuer,
and the Mayor and City Clerk are hereby authorized to execute the same on behalf of the
Issuer.
Section 5. Investments of Bond Fund Proceeds. All moneys held in the Bond Fund,
provided for by Section 3 of this Resolution shall be invested in investments permitted by
Chapter 12B, Code of Iowa, 2007 (formerly Chapter 452, Code of Iowa, as amended) or
deposited in financial institutions which are members of the Federal Deposit Insurance
Corporation and the deposits in which are insured thereby and all such deposits exceeding the
maximum amount insured from time to time by FDIC or its equivalent successor in any one
financial institution shall be continuously secured in compliance with the State Sinking Fund
provided under Chapter 12C of the Code of Iowa, 2007, as amended or otherwise by a valid
pledge of direct obligations of the United States Government having an equivalent market
value. All such interim investments shall mature before the date on which the moneys are
required for payment of principal of or interest on the Bonds as herein provided.
Section 6. Bond Details, Execution and Redemption.
(a) Bond Details. General Obligation Refunding Bonds, Series 2007B, of the City in the
amount of $2,965,000, shall be issued pursuant to the provisions of Section 384.25 of the City
Code of Iowa for the aforesaid purpose. The Bonds shall be designated "GENERAL
OBLIGATION REFUNDING BOND, SERIES 2007B", dated December 1, 2007, and bear
interest from the date thereof, until payment thereof, at the office of the Paying Agent, said
interest payable on June 1, 2008, and semiannually thereafter on the lst day of June and
December in each year until maturity at the rates hereinafter provided.
The Bonds shall be executed by the manual or facsimile signature of the Mayor and
attested by the manual or facsimile signature of the Clerk, and impressed or printed with the
18
seal of the City and shall be fully registered as to both principal and interest as provided in this
Resolution; principal, interest and premium, if any, shall be payable at the office of the Paying
Agent by mailing of a check to the registered owner of the Bond. The Bonds shall be in the
denomination of $5,000 or multiples thereof. The Bonds shall mature and bear interest as
follows:
Interest Principal Maturity
Rate Amount June 1st
3.750% $320,000 2010
3.750 335,000 2011
3.750 350,000 2012
3.750 360,000 2013
3.750 375,000 2014
3.750 390,000 2015
3.750 410,000 2016
3.750 425,000 2017
(b) Redemption. Bonds maturing after June 1, 2015 may be called for redemption by the
Issuer and paid before maturity on said date or any date thereafter, from any funds regardless
of source, in whole or from time to time in part, in any order of maturity and within an annual
maturity by lot. The terms of redemption shall be par, plus accrued interest to date of call.
Thirty days' notice of redemption shall be given by certified mail to the registered owner of
the Bond. Failure to give such notice by mail to any registered owner of the Bonds or any
defect therein shall not affect the validity of any proceedings for the redemption of the Bonds.
All bonds or portions thereof called for redemption will cease to bear interest after the specified
redemption date, provided funds for their redemption are on deposit at the place of payment.
If selection by lot within a maturity is required, the Registrar shall designate the bonds to be
redeemed by random selection of the names of the registered owners of the entire annual
maturity until the total amount of bonds to be called has been reached.
Section 7. Issuance of Bonds in Book-Entry Form; Replacement Bonds.
(a) Notwithstanding the other provisions of this Resolution regarding registration, ownership,
transfer, payment and exchange of the Bonds, unless the Issuer determines to permit the
exchange of Depository Bonds for Bonds in the Authorized Denominations, the Bonds shall be
issued as Depository Bonds in denominations of the entire principal amount of each maturity of
Bonds (or, if a portion of said principal amount is prepaid, said principal amount less the
prepaid amount); and such Depository Bonds shall be registered in the name of Cede & Co.,
as nominee of DTC. Payment of semi-annual interest for any Depository Bond shall be made
by wire transfer or New York Clearing House or equivalent next day funds to the account of
Cede & Co. on the interest payment date for the Bonds at the address indicated in or pursuant
to the Representation Letter.
(b) With respect to Depository Bonds, neither the Issuer nor the Paying Agent shall have
any responsibility or obligation to any Participant or to any Beneficial Owner. Without limiting
the immediately preceding sentence, neither the Issuer nor the Paying Agent shall have any
responsibility or obligation with respect to (i) the accuracy of the records of DTC or its nominee
or of any Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any
Participant, any Beneficial Owner or any other person, other than DTC or its nominee, of any
notice with respect to the Bonds, (iii) the payment to any Participant, any Beneficial Owner or
any other person, other than DTC or its nominee, of any amount with respect to the principal
of, premium, if any, or interest on the Bonds, or (iv) the failure of DTC to provide any
information or notification on behalf of any Participant or Beneficial Owner.
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The Issuer and the Paying Agent may treat DTC or its nominee as, and deem DTC or its
nominee to be, the absolute owner of each Bond for the purpose of payment of the principal of,
premium, if any, and interest on such Bond, for the purpose of all other matters with respect to
such Bond, for the purpose of registering transfers with respect to such Bonds, and for all other
purposes whatsoever (except for the giving of certain Bondholder consents, in accordance with
the practices and procedures of DTC as may be applicable thereto). The Paying Agent shall
pay all principal of, premium, if any, and interest on the Bonds only to or upon the order of the
Bondholders as shown on the Registration Books, and all such payments shall be valid and
effective to fully satisfy and discharge the Issuer's obligations with respect to the principal of,
premium, if any, and interest on the Bonds to the extent so paid. Notwithstanding the
provisions of this Resolution to the contrary (including without limitation those provisions
relating to the surrender of Bonds, registration thereof, and issuance in Authorized
Denominations), as long as the Bonds are Depository Bonds, full effect shall be given to the
Representation Letter and the procedures and practices of DTC thereunder, and the Paying
Agent shall comply therewith.
(c) Upon (i) a determination by the Issuer that DTC is no longer able to carry out its
functions or is otherwise determined unsatisfactory, or (ii) a determination by DTC that the
Bonds are no longer eligible for its depository services or (iii) a determination by the Paying
Agent that DTC has resigned or discontinued its services for the Bonds, if such substitution is
authorized by law, the Issuer shall (A) designate a satisfactory substitute depository as set
forth below or, if a satisfactory substitute is not found, (B) provide for the exchange of
Depository Bonds for replacement Bonds in Authorized Denominations.
(d) To the extent authorized by law, if the Issuer determines to provide for the exchange of
Depository Bonds for Bonds in Authorized Denominations, the Issuer shall so notify the Paying
Agent and shall provide the Registrar with a supply of executed unauthenticated Bonds to be
so exchanged. The Registrar shall thereupon notify the owners of the Bonds and provide for
such exchange, and to the extent that the Beneficial Owners are designated as the transferee
by the owners, the Bonds will be delivered in appropriate form, content and Authorized
Denominations to the Beneficial Owners, as their interests appear.
(e) Any substitute depository shall be designated in writing by the Issuer to the Paying
Agent. Any such substitute depository shall be a qualified and registered "clearing agency" as
provided in Section 17A of the Securities Exchange Act of 1934, as amended. The substitute
depository shall provide for (i) immobilization of the Depository Bonds, (ii) registration and
transfer of interests in Depository Bonds by book entries made on records of the depository or
its nominee and (iii) payment of principal of, premium, if any, and interest on the Bonds in
accordance with and as such interests may appear with respect to such book entries.
Section 8. Registration of Bonds; Appointment of Registrar; Transfer; Ownership; Delivery;
and Cancellation.
(a) Registration. The ownership of Bonds may be transferred only by the making of an entry
upon the books kept for the registration and transfer of ownership of the Bonds, and in no
other way. Wells Fargo Bank, National Association is hereby appointed as Bond Registrar
under the terms of this Resolution (and under the provisions of a separate agreement with the
Issuer filed herewith which is made a part hereof by this reference.) Registrar shall maintain
the books of the Issuer for the registration of ownership of the Bonds for the payment of
principal of and interest on the Bonds as provided in this Resolution. All Bonds shall be
negotiable as provided in Article 8 of the Uniform Commercial Code and Section 384.31 of the
Code of Iowa, subject to the provisions for registration and transfer contained in the Bonds and
in this Resolution.
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(b) Transfer. The ownership of any Bond may be transferred only upon the Registration
Books kept for the registration and transfer of Bonds and only upon surrender thereof at the
office of the Registrar together with an assignment duly executed by the holder or his duly
authorized attorney in fact in such form as shall be satisfactory to the Registrar, along with the
address and social security number or federal employer identification number of such
transferee (or, if registration is to be made in the name of multiple individuals, of all such
transferees). In the event that the address of the registered owner of a Bond (other than a
registered owner which is the nominee of the broker or dealer in question) is that of a broker or
dealer, there must be disclosed on the Registration Books the information pertaining to the
registered owner required above. Upon the transfer of any such Bond, a new fully registered
Bond, of any denomination or denominations permitted by this Resolution in aggregate
principal amount equal to the unmatured and unredeemed principal amount of such transferred
fully registered Bond, and bearing interest at the same rate and maturing on the same date or
dates shall be delivered by the Registrar.
(c) Registration of Transferred Bonds. In all cases of the transfer of the Bonds, the Registrar
shall register, at the earliest practicable time, on the Registration Books, the Bonds, in
accordance with the provisions of this Resolution.
(d) Ownership. As to any Bond, the person in whose name the ownership of the same shall
be registered on the Registration Books of the Registrar shall be deemed and regarded as the
absolute owner thereof for all purposes, and payment of or on account of the principal of any
such Bonds and the premium, if any, and interest thereon shall be made only to or upon the
order of the registered owner thereof or his legal representative. All such payments shall be
valid and effectual to satisfy and discharge the liability upon such Bond, including the interest
thereon, to the extent of the sum or sums so paid.
(e) Cancellation. All Bonds which have been redeemed shall not be reissued but shall be
cancelled by the Registrar. All Bonds which are cancelled by the Registrar shall be destroyed
and a certificate of the destruction thereof shall be furnished promptly to the Issuer; provided
that if the Issuer shall so direct, the Registrar shall forward the cancelled Bonds to the Issuer.
(f) Non-Presentment of Bonds. In the event any payment check representing payment of
principal of or interest on the Bonds is returned to the Paying Agent or if any bond is not
presented for payment of principal at the maturity or redemption date, if funds sufficient to pay
such principal of or interest on Bonds shall have been made available to the Paying Agent for
the benefit of the owner thereof, all liability of the Issuer to the owner thereof for such interest
or payment of such Bonds shall forthwith cease, terminate and be completely discharged, and
thereupon it shall be the duty of the Paying Agent to hold such funds, without liability for
interest thereon, for the benefit of the owner of such Bonds who shall thereafter be restricted
exclusively to such funds for any claim of whatever nature on his part under this Resolution or
on, or with respect to, such interest or Bonds. The Paying Agent's obligation to hold such funds
shall continue for a period equal to two years and six months following the date on which such
interest or principal became due, whether at maturity, or at the date fixed for redemption
thereof, or otherwise, at which time the Paying Agent, shall surrender any remaining funds so
held to the Issuer, whereupon any claim under this Resolution by the Owners of such interest
or Bonds of whatever nature shall be made upon the Issuer.
(g) Registration and Transfer Fees. The Registrar may furnish to each owner, at the Issuer's
expense, one bond for each annual maturity. The Registrar shall furnish additional bonds in
lesser denominations (but not less than the minimum denomination) to an owner who so
requests.
Section 9. Reissuance of Mutilated, Destroyed, Stolen or Lost Bonds. In case any
outstanding Bond shall become mutilated or be destroyed, stolen or lost, the Issuer shall at the
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request of Registrar authenticate and deliver a new Bond of like tenor and amount as the Bond
so mutilated, destroyed, stolen or lost, in exchange and substitution for such mutilated Bond to
Registrar, upon surrender of such mutilated Bond, or in lieu of and substitution for the Bond
destroyed, stolen or lost, upon filing with the Registrar evidence satisfactory to the Registrar
and Issuer that such Bond has been destroyed, stolen or lost and proof of ownership thereof,
and upon furnishing the Registrar and Issuer with satisfactory indemnity and complying with
such other reasonable regulations as the Issuer or its agent may prescribe and paying such
expenses as the Issuer may incur in connection therewith.
Section 10. Record Date. Payments of principal and interest, otherwise than upon full
redemption, made in respect of any Bond, shall be made to the registered holder thereof or to
their designated agent as the same appear on the books of the Registrar on the 15th day
preceding the payment date. All such payments shall fully discharge the obligations of the
Issuer in respect of such Bonds to the extent of the payments so made. Payment of principal
shall only be made upon surrender of the Bond to the Paying Agent.
Section 11. Execution, Authentication and Delivery of the Bonds. Upon the adoption of this
Resolution, the Mayor and Clerk shall execute and deliver the Bonds to the Registrar, who
shall authenticate the Bonds and deliver the same to or upon order of the Purchaser. No Bond
shall be valid or obligatory for any purpose or shall be entitled to any right or benefit hereunder
unless the Registrar shall duly endorse and execute on such Bond a Certificate of
Authentication substantially in the form of the Certificate herein set forth. Such Certificate upon
any Bond executed on behalf of the Issuer shall be conclusive evidence that the Bond so
authenticated has been duly issued under this Resolution and that the holder thereof is entitled
to the benefits of this Resolution.
No Bonds shall be authenticated and delivered by the Registrar unless and until there shall
have been provided the following:
1. A certified copy of the Resolution of Issuer authorizing the issuance of the Bonds;
2. A written order of Issuer signed by the Treasurer of the Issuer directing the
authentication and delivery of the Bonds to or upon the order of the Purchaser upon
payment of the purchase price as set forth therein;
3. The approving opinion of Ahlers & Cooney, P.C., Bond Counsel, concerning the
validity and legality of all the Bonds proposed to be issued.
Section 12. Right to Name Substitute Paying Agent or Registrar. Issuer reserves the right to
name a substitute, successor Registrar or Paying Agent upon giving prompt written notice to
each registered bondholder.
Section 13. Form of Bond. Bonds shall be printed in substantial compliance with standards
proposed by the American Standards Institute substantially in the form as [provided].
Section 14. Contract Between Issuer and Purchaser. This Resolution constitutes a contract
between said City and the purchaser of the Bonds.
Section 15. Non-Arbitrage Covenants. The Issuer reasonably expects and covenants that
no use will be made of the proceeds from the issuance and sale of the Bonds issued
hereunder which will cause any of the Bonds to be classified as arbitrage bonds within the
meaning of Sections 148(a) and (b) of the Internal Revenue Code of the United States, as
amended, and that throughout the term of the Bonds it will comply with the requirements of
statutes and regulations issued thereunder.
To the best knowledge and belief of the Issuer, there are no facts or circumstances that
would materially change the foregoing statements or the conclusion that it is not expected that
the proceeds of the Bonds will be used in a manner that would cause the Bonds to be
arbitrage bonds. Without limiting the generality of the foregoing, the Issuer hereby agrees to
comply with the provisions of the Tax Exemption Certificate and the provisions of the Tax
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Exemption Certificate are hereby incorporated by reference as part of this Resolution. The
Treasurer is hereby directed to make and insert all calculations and determinations necessary
to complete the Tax Exemption Certificate in all respects and to execute and deliver the Tax
Exemption Certificate at issuance of the Bonds to certify as to the reasonable expectations and
covenants of the Issuer at that date.
Section 16. Additional Covenants, Representations and Warranties of the Issuer. The Issuer
certifies and covenants with the purchasers and holders of the Bonds from time to time
outstanding that the Issuer through its officers, (a) will make such further specific covenants,
representations and assurances as may be necessary or advisable; (b) comply with all
representations, covenants and assurances contained in the Tax Exemption Certificate, which
Tax Exemption Certificate shall constitute a part of the contract between the Issuer and the
owners of the Bonds; (c) consult with bond counsel (as defined in the Tax Exemption
Certificate); (d) pay to the United States, as necessary, such sums of money representing
required rebates of excess arbitrage profits relating to the Bonds; (e) file such forms,
statements and supporting documents as may be required and in a timely manner; and (f) if
deemed necessary or advisable by its officers, to employ and pay fiscal agents, financial
advisors, attorneys and other persons to assist the Issuer in such compliance.
Section 17. Amendment of Resolution to Maintain Tax Exemption. This Resolution may be
amended without the consent of any owner of the Bonds if, in the opinion of bond counsel,
such amendment is necessary to maintain tax exemption with respect to the Bonds under
applicable Federal law or regulations.
Section 18. Qualified Tax-Exempt Obligations. For the sole purpose of qualifying the Bonds
as "Qualified Tax Exempt Obligations" pursuant to the Internal Revenue Code of the United
States, the Issuer designates the Bonds as qualified tax-exempt obligations and represents
that the reasonably anticipated amount of tax exempt governmental and Code Section 501(c)3
obligations which will be issued during the current calendar year will not exceed Ten (10)
Million Dollars.
Section 19. Continuing Disclosure. The Issuer hereby covenants and agrees that it will
comply with and carry out all of the provisions of the Continuing Disclosure Certificate, and the
provisions of the Continuing Disclosure Certificate are hereby incorporated by reference as
part of this Resolution and made a part hereof. Notwithstanding any other provision of this
Resolution, failure of the Issuer to comply with the Continuing Disclosure Certificate shall not
be considered an event of default under this Resolution; however, any holder of the Bonds or
Beneficial Owner may take such actions as may be necessary and appropriate, including
seeking specific performance by court order, to cause the Issuer to comply with its obligations
under the Continuing Disclosure Certificate. For purposes of this section, "Beneficial Owner"
means any person which (a) has the power, directly or indirectly, to vote or consent with
respect to, or to dispose of ownership of, any Bond (including persons holding Bonds through
nominees, depositories or other intermediaries), or (b) is treated as the owner of any Bonds for
federal income tax purposes.
Section 20. Severability Clause. If any section, paragraph, clause or provision of this
Resolution be held invalid, such invalidity shall not affect any of the remaining provisions
hereof, and this Resolution shall become effective immediately upon its passage and approval.
Section 21. Repeal of Conflicting Resolutions or Ordinances. That all ordinances and
resolutions and parts of ordinances and resolutions in conflict herewith are hereby repealed.
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Passed and approved this 19 day of November, 2007.
Patricia A. Cline, Mayor Pro Tem
Attest: Kevin S. Firnstahl, Assistant City Clerk
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RESOLUTION NO 553-07
RESOLUTION AUTHORIZING THE REDEMPTION OF THE OUTSTANDING GENERAL
OBLIGATION BONDS, SERIES 2000C, DATED NOVEMBER 1, 2000, OF THE CITY OF
DUBUQUE, IOWA, AND DIRECTING NOTICE OF REDEMPTION
WHEREAS, the City did by Resolution dated November 6, 2000, authorize the issuance of
$6,265,000 General Obligation Bonds, Series 2000C, dated November 1, 2000 (the "Series
2000C Bonds"); and
WHEREAS, the Series 2000C Bonds maturing after June 1, 2009 are redeemable in any
order of maturity upon giving notice in the manner provided in the resolution authorizing the
issuance of the Series 2000C Bonds; and
WHEREAS, it is deemed necessary and advisable that the Series 2000C Bonds be so
redeemed and notice of redemption be given.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the 2010 through 2017 principal maturities of the General Obligation Bonds,
Series 2000C, dated November 1, 2000, in the aggregate amount of $2,875,000, be and the
same are hereby redeemed as of June 1, 2009.
Wells Fargo Bank, N.A., as Registrar and Paying Agent for the Refunded Bonds, is hereby
authorized and directed to cause notice of such redemption to be given not less than thirty (30)
days prior to the redemption date.
Section 2. The Finance Director is hereby authorized and directed to cause to be deposited
with Wells Fargo Bank, N.A., as trustee under the Refunding Trust Agreement dated as of
December 1, 2007, from the proceeds of the General Obligation Refunding Bonds, Series
2007B, an amount sufficient to pay all principal and interest on the redeemed Series 2000C
Bonds to the date of redemption. The form of Refunding Trust Agreement is hereby approved
and the Mayor and City Clerk are authorized to execute and deliver the same for and on behalf
of the City upon issuance of the Series 2007B Bonds.
Section 3. That the form of such notice be substantially as follows:
NOTICE OF THE CALL OF BONDS FOR REDEMPTION TO THE HOLDERS OF THE
FOLLOWING DESCRIBED BONDS:
Please take notice that the Bonds described below have been called for redemption.
Owners of the Bonds should present their Bonds for payment on the Redemption Date.
Issuer: City of Dubuque, Iowa
Original Issue Amount: $6,265,000
Bond Issue: General Obligation Bonds, Series 2000C
Dated Date: November 1, 2000
Redemption Date: June 1, 2009
Redemption Price: Par, plus accrued interest
Bonds Called for Redemption
Principal Interest Maturity CUSIP
Amount Rate Date Numbers
$295,000 5.125 June 1, 2010 263867 PJ6
315,000 5.125 June 1, 2011 263867 PK3
330,000 5.125 June 1, 2012 263867 PL1
345,000 5.125 June 1, 2013 263867 PM9
365,000 5.125 June 1, 2014 263867 PN7
385,000 5.125 June 1, 2015 263867 PP2
410,000 5.125 June 1, 2016 263867 PQ0
430,000 5.125 June 1, 2017 263867 PR8
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No representation is made as to the accuracy of the CUSIP numbers printed herein or on
the Bonds.
The above Bonds should be presented to Wells Fargo Bank, N.A., 666 Walnut Street, Des
Moines, Iowa 50309, telephone (515/245-8504). This represents a full call of the outstanding
obligations. All interest will cease to accrue on the Redemption Date.
Wells Fargo Bank, National Association
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Passed, approved, and adopted 19 day of November, 2007.
Patricia A. Cline, Mayor Pro Tem
Attest: Kevin S. Firnstahl, Assistant City Clerk
Terminal Street Pumping Station Electrical Upgrade: City Manager recommending approval
of the selection of Strand Associates of Madison, Wisconsin to provide engineering and design
services for the electrical upgrades at the Terminal Street Pump Station. Upon motion the
documents were received, filed, and approved.
Arbitrage Rebate Services: City Manager recommending approval of a contract with the
Berens-Tate Consulting Group to prepare arbitrage calculations related to the City’s debt
issuance. Upon motion the documents were received, filed, and approved.
Dubuque Southgate Investments, Ltd.: Communication from Daniel J. Mueller, Dubuque
Southgate Investments, Ltd., requesting that the City accept the dedication of Gateway Drive
and Stone Hill Drive for maintenance. Upon motion the documents were received, filed, and
referred to the City Manager.
Comprehensive Bluff Plan: Zoning Advisory Commission submitting the Comprehensive
Bluff Plan and recommendations from the Bluffland Advisory Committee for review at the
November 26, 2007 City Council work session. Motion by Connors to receive and file the
documents. Seconded by Jones. Planning Services Manager Laura Carstens spoke on behalf
of the Zoning Advisory Commission, who requested direction for the November 26 work
session in terms of format and the Commission’s role at the work session. Upon discussion,
Council deferred to the City Manager who suggested that the Zoning Advisory Commission
make a presentation at the work session after which the Council may ask questions and
provide input to the Commission. Motion carried 6-0.
Business Licenses: City Manager recommending approval of annual liquor license renewals
as submitted. Upon motion the documents were received and filed, and Resolution No. 554-07
Granting the issuance of a Class “B” Beer Permit to Big 10 Mart and Kwik Stop Food Mart and
Resolution No. 555-07 Granting the issuance of a Class “B” (Hotel/Motel) Liquor License to
Grand Harbor Resort and Water Park; Class “C” Beer/Liquor License to Jumpers Sports Bar
and Grill, Aragon Tap, Point Restaurant and Yen Chin Restaurant; Special Class “C” Liquor
License to Dubuque Family Restaurant and Cookin Something Up; and Class “B” Wine Permit
to Cookin Something Up were adopted.
RESOLUTION NO. 554-07
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.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause to be issued the following named applicants a
Beer Permit.
CLASS “C” BEER PERMIT
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Molo Oil Company Big 10 Mart+(Sunday Sale) 9 & Central Avenue
Rainbo Oil Company Kwik Stop Food Mart+(Sunday Sale) 2320 Hwy 61
Passed, approved and adopted this 19th day of November, 2007.
Patricia A. Cline, Mayor Pro Tem
Attest: Kevin S. Firnstahl, Assistant City Clerk
RESOLUTION NO. 555-07
Whereas, applications for Liquor Licenses have been submitted to this Council for approval
and the same have been examined and approved; and
Whereas, the premises to be occupied by such applicants were inspected and found to
comply with the State Laws and all City Ordinances relevant thereto and they have filed proper
bonds.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause to be issued the following named applicants a
Liquor License.
CLASS “B”(HOTEL/MOTEL) LIQUOR LICENSE
Platinum Holdings LLC Grand Harbor Resort & Water Park 350 Bell St.
+(Sunday/Outdoor Sale)
CLASS “C” BEER/LIQUOR LICENSE
DM Sports Bar, Inc. Jumpers Sports Bar & Grill +(Sunday Sale) 2600 Dodge St.
Aragon Tap Aragon Tap +(Sunday Sale) 1103 Iowa St.
Point Restaurant Point Restaurant +(Sunday Sale) 2370 Rhomberg
Ave.
Hernandez Corp. Yen Ching Restaurant 926 Main St.
SPECIAL CLASS “C” LIQUOR
PACR Ltd. Dubuque Family Restaurant 2600 Dodge St.
Cookin Something Up Cookin Something Up +(Sunday Sale) 1640 JFK Rd.
CLASS “B” WINE
Cookin Something Up Cookin Something Up 1640 JFK Rd.
Passed, approved and adopted this 19th day of March, 2007.
Patricia A. Cline, Mayor Pro Tem
Attest: Kevin S. Firnstahl, Assistant City Clerk
Motion by Braig for Council to act upon Action Item #5 (Adult Entertainment Moratorium)
and Action Item #4 (Pennsylvania Avenue Speed Reduction and Lane Modification) before
continuing with Items to be Set for Public Hearing. Seconded by Jones. Motion carried 6-0.
ACTION ITEMS
Adult Entertainment Moratorium: City Attorney recommending approval of an amendment to
Ordinance No. 57-07 prohibiting new adult entertainment establishments within a certain
distance of other existing adult entertainment establishments during the moratorium period.
26
Motion by Michalski to receive and file the documents and that the requirement that a
proposed ordinance be considered and voted on for passage at two Council meetings prior to
the meeting at which it is to be passed be suspended. Seconded by Jones. Motion carried 6-0.
Motion by Michalski for final consideration and passage of Ordinance No. 58-07 Amending
Ordinance No. 57-07 Amending Appendix A, the Zoning Ordinance, of the City of Dubuque
Code of Ordinances, by adopting a new Section 4-8.4 Establishing a Moratorium on the Use of
Certain Property as an Adult Entertainment Establishment. Seconded by Connors. Motion
carried 6-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 58-07
AMENDING ORDINANCE NO. 57-07 AMENDING APPENDIX A, THE ZONING
ORDINANCE, OF THE CITY OF DUBUQUE CODE OF ORDINANCES, BY ADOPTING A
NEW SECTION 4-8.4 ESTABLISHING A MORATORIUM ON THE USE OF CERTAIN
PROPERTY AS AN ADULT ENTERTAINMENT ESTABLISHMENT
Whereas, the City of Dubuque Zoning Ordinance allows adult entertainment establishments
in certain zoning districts; and
Whereas, the City Council desires to gather additional input in the process of studying the
location and spatial separation of adult entertainment districts in the City of Dubuque; and
Whereas, the City Council has adopted Ordinance No. 57-07 establishing a moratorium on
the use of property as an adult entertainment establishment; and
Whereas, the City Council now desires to amend Ordinance No. 57-07.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City of Dubuque Code of Ordinances is amended by adding the following
new section:
Sec. 4-8.4 Moratorium on the Use of Certain Property as an Adult Entertainment
Establishment.
The building official shall not issue a permit for any new construction or substantial
enlargement, alteration, repair or remodeling of any structure or building for an adult
entertainment establishment within 2000 feet of the property line of property used as an
adult entertainment establishment as of the date of this ordinance nor shall any person
use any property for an adult entertainment establishment within 2000 feet of the
property line of property used as an adult entertainment establishment as of the date of
this ordinance in the City of Dubuque from the time of the adoption of this Ordinance to
June 1, 2008.
Any person aggrieved or adversely affected by the building official's refusal to issue
a permit or the prohibition on the use of property as provided in this Ordinance shall
appeal therefrom to the City Council. The City Council may direct the building official to
issue a permit or allow the use of such property as an adult entertainment establishment
where the City Council finds that the refusal to issue a permit or the prohibition on the
use of property would deprive the person of a vested right.
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Passed, approved and adopted this 19 day of November, 2007.
/s/ Patricia A. Cline, Mayor Pro-Tem
Attest: /s/Kevin S. Firnstahl, Assistant City Clerk
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Published officially in the Telegraph Herald Newspaper the 23 day of November, 2007.
/s/Kevin S. Firnstahl, Assistant City Clerk
Pennsylvania Avenue – Speed Reduction and Lane Modification: City Manager
27
recommending approval of changes to the traffic conditions in the Pennsylvania Avenue, from
John F. Kennedy Road to the Northwest Arterial, corridor. Motion by Jones to receive and file
the documents and that the requirement that a proposed ordinance be considered and voted
on for passage at two Council meetings prior to the meeting at which it is to be passed be
suspended. Seconded by Connors. Cline referenced City Engineer Gus Psihoyos’ memo that
his department is in the process of collecting information and reviewing other intersections
within the City. Michalski asked representatives of the Dubuque Community School District
what Hempstead High School is planning and what they see their role is in correcting this
issue. Kris Hall of the Dubuque Community School District said that the District is taking this
very seriously and they will provide information on what plan is in place and what is planned for
the future. Motion carried 6-0.
Motion by Jones for final consideration and passage of Ordinance No. 59-07 Amending the
City of Dubuque Code of Ordinances Chapter 32 Motor Vehicles and Traffic by revising
Section 32-321.285(c) Limits Generally, reducing the speed limit on Pennsylvania Avenue in
the vicinity of Stephen Hempstead High School during the activation of yellow flashing lights.
Seconded by Braig. Motion carried 6-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 59-07
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES CHAPTER 32 MOTOR
VEHICLES AND TRAFFIC BY REVISING SECTION 32-321.285(c) LIMITS GENERALLY,
REDUCING THE SPEED LIMIT ON PENNSYLVANIA AVENUE IN THE VICINITY OF
STEPHEN HEMPSTEAD HIGH SCHOOL DURING THE ACTIVATION OF YELLOW
FLASHING LIGHTS
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. City of Dubuque Code of Ordinances Section 32-321.285(c) Limits Generally, is
hereby amended to read as follows:
Sec. 32-321.285(c). Limits Generally:
. . .
Pennsylvania Avenue, from the east property line of Stephen Hempstead High School
to a point approximately one hundred feet (100’) west of Rosemont Street when yellow
flashing lights are activated. The yellow lights shall be coordinated to coincide with the
school’s calendar.
. . .
Pennsylvania Avenue, J.F. Kennedy Road to westerly city limits except from the east
property line of Stephen Hempstead High School to a point approximately one hundred
feet (100’) west of Rosemont Street when yellow flashing lights are activated. The
yellow lights shall be coordinated to coincide with the school’s calendar and when such
lights are flashing the speed limit shall be reduced to twenty-five miles per hour.
. . .
Section 2. This Ordinance shall take effect upon publication.
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Passed, approved and adopted this 19day of November, 2007.
/s/Patricia A. Cline, Mayor Pro-Tem
Attest: /s/Kevin S. Firnstahl, Assistant City Clerk
rd
Published officially in the Telegraph Herald Newspaper the 23 day of November, 2007.
/s/Kevin S. Firnstahl, Assistant City Clerk
Mayor Buol, via telephone, left the meeting at 7:02 p.m.
28
ITEMS TO BE SET FOR PUBLIC HEARING
Motion by Jones to receive and file the documents, set the public hearings as indicated, and
direct the City Clerk to publish notice as prescribed by law. Seconded by Braig. Motion carried
5-0.
Dubuque Industrial Center Economic Development District: City Manager recommending
that a public hearing be set for January 7, 2008 to consider the removal of the North Siegert
Farm and the Rail Site from the Dubuque Industrial Center Economic Development District.
Upon motion the documents were received and filed, and Resolution No. 556-07 Setting a
public hearing on an amendment to the Amended and Restated Urban Renewal Plan for the
Dubuque Industrial Center Economic Development District removing certain real property from
said District was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on
January 7, 2008, in the Historic Federal Building.
RESOLUTION NO. 556-07
SETTING A PUBLIC HEARING ON AN AMENDMENT TO THE AMENDED AND RESTATED
URBAN RENEWAL PLAN FOR THE DUBUQUE INDUSTRIAL CENTER ECONOMIC
DEVELOPMENT DISTRICT REMOVING CERTAIN REAL PROPERTY FROM SAID
DISTRICT
Whereas, the Dubuque Industrial Center Economic Development District (“District”) was
created by the Dubuque City Council on May 2, 1988 and most recently amended and restated
on November 17, 1997; and
Whereas, the District was created in accordance with Chapter 403 of the Code of Iowa; and
Whereas, City staff has proposed that the following described property be considered for
removal from the District: Lot 1-1 NW 1/4-NE 1/4; Lot 1 E 1/4 NE 1/4-NW 1/4; W 3/4 NE 1/4-
NW 1/4; Lot 2-1 SE 1/4-NW 1/4; Lot 1-1 SE 1/4-NW 1/4; and the SW 1/4-NE ¼ all in Section
30, Township 89 North, Range 2 East, 5th Principal Meridian in the City of Dubuque, Dubuque
County, Iowa (hereinafter referred to as “North Siegert Farm); and Lot 4 of Dubuque Industrial
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Center West 5 Addition, and Lot B of Dubuque Industrial Center West 5 Addition in the City
of Dubuque, Iowa (hereinafter referred to as “Rail Site”); and
Whereas, the North Siegert Farm property was included in Subarea B of the District in
1997, but has not been developed subsequent to its inclusion in the District, and the City
purchased the property through the use of tax increment financing generated by other
properties in the District; and
Whereas, the City has collected no tax increment revenue from the North Siegert Farm
property; and
Whereas, the Rail Site property also was included in Subarea B of the District in 1997,
following which certain grading improvements were undertaken through the use of tax
increment financing generated by other properties in the District; and
Whereas, the City has collected no tax increment revenue from the Rail Site property and
has no immediate plans to sell the site, and City staff expects to focus future development on
other areas of the District; and
Whereas, it is in the best interests of the City and the District to remove the North Siegert
Farm and Rail Site from the District; and
Whereas, Chapter 403 of the Code of Iowa authorizes cities to modify or amend an urban
renewal plan at any time, and further provides that the notification and consultation procedures
ordinarily required under Section 403.5 apply only when the amendment provides for refunding
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bonds or refinancing resulting in an increase in debt service or provides for the issuance of
bonds or other indebtedness to be funded primarily by tax increment revenues.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Manager is authorized and directed to prepare an amendment to
the Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic
Development District, the purpose of which would be to remove the above-described property
from the urban renewal area of the District, to forward said amendment to the City's Long
Range Planning Commission for review and comment and to begin the consultation process
required by law with affected taxing entities.
Section 2. That the City Clerk is directed to publish notice of a public hearing on the
adoption of an amendment to the Amended and Restated Urban Renewal Plan for the
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Dubuque Industrial Center Economic Development District to be held on January 7, 2008 at
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6:30 p.m. in the Historic Federal Building, 350 West 6 Street, Dubuque, Iowa 52001 and that
said notice shall generally identify the areas covered by the Amended and Restated Plan, the
areas proposed to be removed therefrom, and the general scope of the urban renewal
activities planned for the remaining urban renewal areas, and that said notice shall be
published and available to the public on December 21, 2007.
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Passed, approved and adopted this 19 day of November, 2007.
Patricia A. Cline, Mayor Pro Tem
Attest: Kevin S. Firnstahl, Assistant City Clerk
Voluntary Annexation Request: City Manager recommending that a public hearing be set for
December 17, 2007 on the voluntary annexation request of Kress Industrial Facility. Upon
motion the documents were received and filed and Resolution No. 557-07 Approving
application for voluntary annexation of territory owned by Kress Industrial Facility was adopted
setting a public hearing for a meeting to commence at 6:30 p.m. on December 17, 2007, in the
Historic Federal Building. Motion carried 5-0.
RESOLUTION NO. 557-07
APPROVING APPLICATION FOR VOLUNTARY ANNEXATION OF TERRITORY OWNED
BY KRESS INDUSTRIAL FACILITY
Whereas, Kress Industrial Facility, property owner, has submitted a written application for
voluntary annexation of approximately 80 acres of territory lying outside the corporate limits of
the City of Dubuque, Iowa; as shown in Exhibit A and legally described as Kunde Place #2 –
Lot 3; and
Whereas, the annexation territory is not subject to an existing annexation moratorium; and
Whereas, the annexation territory does not include any state property; and
Whereas, the annexation territory does include railroad property and County road right-of-
way; and
Whereas, Chapter 368 of the Code of Iowa authorizes the extension of City limits in
situations of this character by adoption of a resolution and notification as required by State
regulations; and
Whereas, this request has been found to be consistent with the Dubuque Comprehensive
Plan; and
Whereas, the future growth and development of the City of Dubuque, Iowa makes it
desirable that said territory be made part of the City of Dubuque, Iowa.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
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Section 1. That the corporate limits of Dubuque, Iowa be and they are hereby extended to
include the territory as legally described above and as shown in Exhibit A.
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Section 2. The territory hereby annexed shall become part of the 5th Precinct of the 1
Ward of the City of Dubuque, Iowa.
Section 3. That the City Clerk shall file this resolution, all exhibits and the petition for
voluntary annexation with the State of Iowa in accordance with State Regulations.
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Passed, approved and adopted this 19 day of November 2007.
Patricia A. Cline, Mayor Pro Tem
Attest: Kevin S. Firnstahl, Assistant City Clerk
Upon motion the rules were suspended allowing anyone to address the City Council.
PUBLIC HEARINGS
Development Agreement – Medline Industries, Inc.: Proof of publication on notice of public
hearing to consider approval of a Development Agreement with Medline Industries, Inc. and
disposition of approximately 10.43 acres in Dubuque Industrial Center West. Motion by
Michalski to receive and filed the documents and adopt Resolution No. 558-07 Approving a
Development Agreement providing for the sale of 10.43 acres in the Dubuque Industrial Center
West to Medline Industries, Inc. Seconded by Jones. Van Milligen acknowledged the Medline
staff in attendance. Greater Dubuque Development Corporation Vice President for Existing
Business Dan McDonald reviewed the positive statistics and track record of Medline Industries
and stated support for the development agreement. Renee Poppe, Director of Customer
Service at Medline Industries thanked the Council for their support. Motion carried 5-0.
RESOLUTION NO. 558-07
RESOLUTION APPROVING A DEVELOPMENT AGREEMENT PROVIDING FOR THE SALE
OF 10.43 ACRES IN THE DUBUQUE INDUSTRIAL CENTER WEST TO MEDLINE
INDUSTRIES, INC.
Whereas, the City Council, by Resolution No. 534-07, dated November 5, 2007, declared its
intent to enter into a Development Agreement with Medline Industries, Inc. for the sale of 10.43
acres in the Dubuque Industrial Center West (the Property); and
Whereas, pursuant to published notice, a public hearing was held on the proposed
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disposition on November 19, 2007 at 6:30 p.m. in the Historic Federal Building, 350 W. 6
Street, Dubuque, 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 Medline Industries, Inc.
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 attached Development Agreement by and between the City of Dubuque
and Medline Industries, Inc. 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
signature.
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.
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Passed, approved and adopted this 19 day of November, 2007.
Patricia A. Cline, Mayor Pro Tem
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Attest: Kevin S. Firnstahl, Assistant City Clerk
2160 Elm Street – Request to Rezone: Proof of publication on notice of public hearing to
consider a request from Michelle Mihalakis to rezone property located at 2160 Elm Street from
R-2A Alternate Two-Family Residential District to OR Office Residential District and Zoning
Advisory Commission recommending approval.
Communication from Kathleen M. Davis, 2105 ½ Kniest Street, in support of the proposed
rezoning of 2160 Elm Street.
Communication from John Curtis, Chair, and members of the Envision Committee on Mental
Health and Substance Abuse, in support of the proposed 18-unit SRO project at 2160 Elm
Street.
Motion by Michalski to receive and file the documents and approve the first reading of the
proposed ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque
Code of Ordinances by reclassifying hereinafter described property located at 2160 Elm Street
from R-2A Alternate Two-Family Residential District to OR Office Residential District. Michelle
Mihalakis spoke in support of the ordinance and reviewed the benefits to the community and
project details, which will include additional street lighting and exterior security cameras.
Planning Services Manager Laura Carstens provided a staff report. Motion carried 5-0.
Medical Associates Clinic / Robert Hartig – Planned Unit Development District (PUD)
Amendment: Communication from Bob Hartig, Director of Facilities - Medical Associates,
requesting that this item be tabled to December 17, 2007.
Proof of publication on notice of public hearing to consider a request from Medical
Associates Clinic / Robert Hartig to amend the existing Associates Park Planned Unit
Development (PUD) District to designate a portion of the existing greenway buffer for business
use and Zoning Advisory Commission recommending denial.
Communication from Kathleen R. Kelley, 3836 Cora Drive, in opposition to the proposed
amendment to the Associates Park Planned Unit Development District.
Motion by Connors to receive and file the documents and refer issue back to the Zoning
Advisory Commission for further review. Seconded by Jones. Connors said that the Council
had learned of a Zoning Advisory Commission member visiting the site with the developer at
the invitation of the property owner, which may have potentially skewed the Commission’s
vote. Since this issue is a quasi-judicial matter, she recommends sending the entire issue back
to the Zoning Advisory Commission and give all the Commissioners the opportunity to visit the
site, after which the Commission should discuss, review, and revote before re-submitting to the
City Council. Motion carried 5-0.
Residential Parking Permit District: Proof on publication of notice of public hearing to
consider amending Residential Parking Permit District A by excluding from it that section of
Grace Street from McCormick Street to a point 270 feet east of McCormick Street and City
Manager recommending approval. Motion by Jones to receive and file the documents and to
approve the first reading of an Ordinance Amending the Code of Ordinances of the City of
Dubuque, Iowa by repealing Subsection (a) of Section 32-321.733 Establishing Residential
Parking Permit District A and adopting in lieu thereof a new Subsection (a) of Section 32-
321.733 Re-establishing Residential Parking Permit District A. Seconded by Braig. Motion
carried 5-0.
Quigley Lane – Vacating Petition: Proof of publication on notice of public hearing to consider
a request from David L. Clemens, representing Denise M. Keller, for the vacating and
purchase of a portion of Quigley Lane west of Pierce Street and City Manager recommending
32
approval. Motion by Connors to receive and file the documents and adopt Resolution No. 559-
07 Approving plat of proposed vacated portion of Quigley Lane west of Pierce Street,
Resolution No. 560-07 Vacating a portion of Quigley Lane west of Pierce Street, and
Resolution No. 561-07 Disposing of City interest in Lot 1-6-A of Kringle’s Subdivision of Out Lot
743 in the City of Dubuque, Dubuque County Iowa. Seconded by Jones. Motion carried 5-0.
RESOLUTION NO. 559-07
RESOLUTION APPROVING PLAT OF PROPOSED VACATED PORTION OF QUIGLEY
LANE WEST OF PIERCE STREET
Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat
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dated the 26 day of September, 2007, prepared by Buesing & Associates, describing the
proposed vacated portion of Quigley Lane west of Pierce Street; and
Whereas, said plat conforms to the laws and statutes pertaining thereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
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Section 1. That the plat dated the 26 day of September, 2007, prepared by Buesing &
Associates, relative to the real estate hereinabove described be and the same is hereby
approved, and the Mayor and City Clerk be and they are hereby authorized and directed to
execute said plat for and on behalf of the City of Dubuque, Iowa.
Section 2. The City of Dubuque reserves unto itself a perpetual easement including the right
of ingress and egress thereto, for the purpose of erecting, installing, constructing,
reconstructing, repairing, owning, operating, and maintaining water, sewer, drainage, gas,
telephone, television cable, and electric lines as may be authorized by the City of Dubuque,
Iowa, as indicated on said plat.
Section 3. That the City Clerk be and is hereby authorized and directed to file said plat and
certified copy of this resolution in the office of the Recorder in and for Dubuque County, Iowa.
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Passed, approved and adopted this 19 day of November, 2007.
Patricia A. Cline, Mayor Pro Tem
Attest: Kevin S. Firnstahl, Assistant City Clerk
RESOLUTION NO. 560-07
VACATING A PORTION OF QUIGLEY LANE WEST OF PIERCE STREET
Whereas, David L. Clemens representing Denise M. Keller has requested the vacating of a
portion of Quigley Lane west of Pierce Street; and
Whereas, Buesing & Associates has prepared and submitted to the City Council a plat
showing the vacated portion of Quigley Lane west of Pierce Street and assigned a lot number
thereto, which hereinafter shall be known and described as Lot 1-6-A of Kringle’s Subdivision
of Out Lot 743 in the City of Dubuque, Dubuque County, Iowa; and
Whereas, the City Council of the City of Dubuque, Iowa has determined that this portion of
Quigley Lane west of Pierce Street is no longer required for public use and vacating of said
portion of Quigley Lane west of Pierce Street, known as Lot 1-6-A of Kringle’s Subdivision of
Out Lot 743 in the City of Dubuque, Dubuque County, Iowa, should be approved.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the real estate described as Lot 1-6-A of Kringle’s Subdivision of Out Lot
743 in the City of Dubuque, Dubuque County, Iowa, be and the same is hereby vacated.
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Passed, approved and adopted this 19 day of November, 2007.
Patricia A. Cline, Mayor Pro Tem
Attest: Kevin S. Firnstahl, Assistant City Clerk
33
RESOLUTION NO. 561-07
DISPOSING OF CITY INTEREST IN LOT 1-6-A OF KRINGLE’S SUBDIVISION OF OUT LOT
743 IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA
Whereas, pursuant to resolution and published notice of time and place of hearing,
published in the Telegraph Herald, a newspaper of general circulation published in the City of
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Dubuque, Iowa on this 9 day of November, 2007, the City Council of the City of Dubuque,
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Iowa met on the 19 day of November, 2007, at 6:30 p.m. in the Historic Federal Building, 350
West 6th Street, Dubuque, Iowa, to consider the proposal for the sale of real estate described
as:
Lot 1-6-A of Kringle’s Subdivision of Out Lot 743 in the City of Dubuque, Dubuque County,
Iowa
Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections,
oral or written to the proposal to sell such real estate, except for easement as noted.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the sale of City of Dubuque real property described as Lot 1-6-A of Kringle’s
Subdivision of Out Lot 743 in the City of Dubuque, Dubuque County, Iowa, to Denise M. Keller
be and the same is hereby approved for the sum of $300.00, plus the cost of platting,
publication, and filing fees. Conveyance shall be by Quit Claim Deed.
Section 2. The City of Dubuque reserves unto itself a perpetual easement including the right
of ingress and egress thereto, for the purpose of erecting, installing, constructing,
reconstructing, repairing, owning, operating, and maintaining water, sewer, drainage, gas,
telephone, television cable, and electric lines as may be authorized by the City of Dubuque,
Iowa, as indicated on the Plat of Survey of Lot 1-6-A of Kringle’s Subdivision of Out Lot 743 in
the City of Dubuque, Dubuque County, Iowa.
Section 3. That the Mayor be authorized and directed to execute a Quit Claim Deed, and
the City Clerk be and is hereby authorized and directed to deliver said deed of conveyance to
Denise M. Keller upon receipt of the purchase price in full.
Section 4. That the City Clerk be and is hereby authorized and directed to record a certified
copy of this resolution in the offices of the City Assessor, Dubuque County Recorder and
Dubuque County Auditor.
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Passed, approved and adopted this 19 day of November, 2007.
Patricia A. Cline, Mayor Pro Tem
Attest: Kevin S. Firnstahl, Assistant City Clerk
Brunswick Street and Adjacent Alley – Vacating Petition: Proof of publication on notice of
public hearing to consider a request from Esther J. Thome to vacate a portion of Brunswick
Street south of Lawther Street and the northerly portion of an alley west of Balke Street south
of Lawther Street and City Manager recommending approval. Motion by Michalski to receive
and file the documents and adopt Resolution No. 562-07 Approving plat of proposed vacated
portion of Brunswick Street south of Lawther Street and the northerly portion of an alley west of
Balke Street south of Lawther Street, Resolution No. 563-07 Vacating a portion of Brunswick
Street south of Lawther Street and the northerly portion of an alley west of Balke Street south
of Lawther Street, and Resolution No. 564-07 Disposing of City interest in Lot 49-A and Lot 66-
A of Belmont Addition in the City of Dubuque, Dubuque County, Iowa. Seconded by Braig.
Motion carried 5-0.
RESOLUTION NO. 562-07
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APPROVING PLAT OF PROPOSED VACATED PORTION OF BRUNSWICK STREET
SOUTH OF LAWTHER STREET AND THE NORTHERLY PORTION OF AN ALLEY WEST
OF BALKE STREET SOUTH OF LAWTHER STREET
Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat
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dated the 26 day of September, 2007, prepared by Buesing & Associates, describing the
proposed vacated portion of Brunswick Street south of Lawther Street and the northerly portion
of an alley west of Balke Street south of Lawther Street; and
Whereas, said plat conforms to the laws and statutes pertaining thereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
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Section 1. That the plat dated the 26 day of September, 2007, prepared by Buesing &
Associates, relative to the real estate hereinabove described be and the same is hereby
approved, and the Mayor and City Clerk be and they are hereby authorized and directed to
execute said plat for and on behalf of the City of Dubuque, Iowa.
Section 2. The City of Dubuque reserves unto itself a perpetual easement including the right
of ingress and egress thereto, for the purpose of erecting, installing, constructing,
reconstructing, repairing, owning, operating, and maintaining water, sewer, drainage, gas,
telephone, television cable, and electric lines as may be authorized by the City of Dubuque,
Iowa, over and across the entire Lot 49-A of Belmont Addition.
Section 3. That the City Clerk be and is hereby authorized and directed to file said plat and
certified copy of this resolution in the office of the Recorder in and for Dubuque County, Iowa.
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Passed, approved, and adopted this 19 day of November, 2007.
Patricia A. Cline, Mayor Pro Tem
Attest: Kevin S. Firnstahl, Assistant City Clerk
RESOLUTION NO. 563-07
VACATING A PORTION OF BRUNSWICK STREET SOUTH OF LAWTHER STREET AND
THE NORTHERLY PORTION OF AN ALLEY WEST OF BALKE STREET SOUTH OF
LAWTHER STREET
Whereas, Esther J. Thome has requested the vacating of a portion of Brunswick Street
south of Lawther Street and the northerly portion of an alley west of Balke Street south of
Lawther Street; and
Whereas, Buesing & Associates has prepared and submitted to the City Council a plat
showing the vacated portion of Brunswick Street south of Lawther Street and the northerly
portion of an alley west of Balke Street south of Lawther Street and assigned a lot numbers
thereto, which hereinafter shall be known and described as Lot 49-A and Lot 66-A of Belmont
Addition in the City of Dubuque, Dubuque County, Iowa; and
Whereas, the City Council of the City of Dubuque, Iowa has determined that this portion of
Brunswick Street south of Lawther Street and the northerly portion of an alley west of Balke
Street south of Lawther Street is no longer required for public use and vacating of said portion
of Brunswick Street south of Lawther Street and the northerly portion of an alley west of Balke
Street south of Lawther Street, known as Lot 49-A and Lot 66-A of Belmont Addition in the City
of Dubuque, Dubuque County, Iowa, should be approved.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the real estate described as Lot 49-A and Lot 66-A of Belmont Addition in
the City of Dubuque, Dubuque County, Iowa, be and the same is hereby vacated.
Section 2. The City of Dubuque reserves unto itself a perpetual easement including the right
of ingress and egress thereto, for the purpose of erecting, installing, constructing,
35
reconstructing, repairing, owning, operating, and maintaining water, sewer, drainage, gas,
telephone, television cable, and electric lines as may be authorized by the City of Dubuque,
Iowa, over and across the entire Lot 49-A of Belmont Addition.
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Passed, approved, and adopted this 19 day of November, 2007.
Patricia A. Cline, Mayor Pro Tem
Attest: Kevin S. Firnstahl, Assistant City Clerk
RESOLUTION NO. 564-07
DISPOSING OF CITY INTEREST IN LOT 49-A AND LOT 66-A OF BELMONT ADDITION IN
THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA
Whereas, pursuant to resolution and published notice of time and place of hearing,
published in the Telegraph Herald, a newspaper of general circulation published in the City of
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Dubuque, Iowa on this 9 day of November, 2007, the City Council of the City of Dubuque,
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Iowa met on the 19 day of November, 2007, at 6:30 p.m. in the Historic Federal Building, 350
West 6th Street, Dubuque, Iowa, to consider the proposal for the sale of real estate described
as:
Lot 49-A and Lot 66-A of Belmont Addition in the City of Dubuque, Dubuque County, Iowa
Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections,
oral or written to the proposal to sell such real estate, except for easement as noted.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the sale of City of Dubuque real property described as Lot 49-A and Lot 66-
A of Belmont Addition in the City of Dubuque, Dubuque County, Iowa, to Esther J. Thome be
and the same is hereby approved for the sum of $300.00, plus the cost of platting, publication,
and filing fees. Conveyance shall be by Quit Claim Deed.
Section 2. The City of Dubuque reserves unto itself a perpetual easement including the right
of ingress and egress thereto, for the purpose of erecting, installing, constructing,
reconstructing, repairing, owning, operating, and maintaining water, sewer, drainage, gas,
telephone, television cable, and electric lines as may be authorized by the City of Dubuque,
Iowa, over and across the entire Lot 49-A of Belmont Addition in the City of Dubuque,
Dubuque County, Iowa.
Section 3. That the Mayor be authorized and directed to execute a Quit Claim Deed, and
the City Clerk be and is hereby authorized and directed to deliver said deed of conveyance to
Esther J. Thome upon receipt of the purchase price in full.
Section 4. That the City Clerk be and is hereby authorized and directed to record a certified
copy of this resolution in the offices of the City Assessor, Dubuque County Recorder and
Dubuque County Auditor.
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Passed, approved, and adopted this 19 day of November, 2007.
Patricia A. Cline, Mayor Pro Tem
Attest: Kevin S. Firnstahl, Assistant City Clerk
Five Flags HVAC and Promenade Roof Replacement Project: Proof of publication on notice
of public hearing to consider approval of the plans, specifications, form of contract, and
estimated cost for the Five Flags HVAC and Promenade Roof Replacement Project and City
Manager recommending approval. Motion by Jones to receive and file the documents and
adopt Resolution No. 565-07 Approving plans, specifications, form of contract, and estimated
cost for the Five Flags HVAC and Promenade Roof Replacement Project. Seconded by
Connors. Motion carried 5-0.
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RESOLUTION NO. 565-07
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED
COST FOR THE FIVE FLAGS HVAC AND PROMENADE ROOF REPLACEMENT
PROJECT
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications, form of contract and estimated cost for the Five
Flags HVAC and Promenade Roof Replacement Project, in the estimated amount of $680,000,
are hereby approved.
Passed, approved and adopted this 19th day of November, 2007.
Patricia A. Cline, Mayor Pro Tem
Attest: Kevin S. Firnstahl, Assistant City Clerk
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
(Continued)
Dubuque Main Street, Ltd.: Dan LoBianco, Dubuque Main Street, Ltd., provided a verbal
quarterly report and slide presentation saying that this has been an outstanding year for
Dubuque Main Street. He also provided ideas and information gathered from a visit to Omaha,
Nebraska. Motion by Michalski to receive and file the documents. Seconded by Jones. Motion
carried 5-0.
Convention and Visitors Bureau Quarterly Report: Sue Czeshinski provided the Convention
and Visitors Bureau quarterly report. She reviewed statistics from many record-breaking local
events such as the Iowa League of Cities and the Iowa Tourism Conferences as well as shared
information from upcoming projects and awards received. Awards included the Tourism County
of the Year award and the Team Dubuque Award, which was also cited as a model proposal.
Motion by Connors to receive and file the documents. Seconded by Braig. Motion carried 5-0.
Human Relations Ordinance: Human Rights Commission recommending approval of
amendments to Chapter 27, Human Relations, of the City of Dubuque Code of Ordinances to
conform to recently amended state law. Motion by Michalski to receive and file the documents
and to approve the first reading on an ordinance Amending the City of Dubuque Code of
Ordinances Chapter 27 Human Relations, Section 27-1 Definitions by adding a new definition
for “Gender Identity” and deleting the definition of “Religious Education Institution”; amending
Section 27-51 Aiding or Abetting, Prohibiting Aiding or Abetting Unfair or Discriminatory
Practices Based on Gender Identity; amending Section 27-61,Prohibited Practices Relating to
Unfair or Discriminatory Practices relating to Public Accommodations Based on Gender
Identity; Amending Section 27-71 Prohibited Practices Relating to Unfair or Discriminatory
Practices in Employment Based on Gender Identity; amending Chapter 27-72 Exemptions
Relating to Unfair or Discriminatory Practices in Certain Consumer Credit Transactions Based
on Sexual Orientation or Gender Identity; amending Section 27-101 Prohibited Practices;
Exceptions Relating to Unfair or Discriminatory Practices by Educational Institutions Based on
Gender Identity; amending Section 27-131 Prohibitions Relating to Discrimination in the Sale
or Rent of a Dwelling based on Gender Identity; amending Section 27-132 Exemptions
Exempting Certain Religious Organizations from Certain Conduct Based on Gender Identity;
amending Section 27-133 Discrimination in Residential Real Estate-Related Transactions
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Relating to Discrimination in Certain Real Estate-Related Transactions Based on Gender
Identity; amending Section 27-134 Discrimination in Provision of Brokerage Services Relating
to the Denial of certain Brokerage Services Based on Gender Identity; amending Section 27-
145 Violations; Bodily Injury; Death; Penalties Prohibiting Injury, Intimidation or Interference
with a Person Based on Gender Identity. Seconded by Braig. Motion carried 5-0.
COUNCIL MEMBER REPORTS
Connors reported her attendance at the recent National League of Cities conference in New
Orleans. She was impressed with the informative breakout sessions on the levy breech and
the cotton mill warehouse district revitalization. She said that guest speakers emphasized the
importance of citizens gathering important personal papers as part of their disaster
preparedness plan.
Jones reported on his attendance at the recent National League of Cities Conference in
New Orleans. He was impressed with the City’s recovery process and how he didn’t have a
real sense of the devastation caused by Hurricane Katrina. He reported that there is much
positive talk about sustainability and that New Orleans’ Mayor has not had time for anything
but recovery efforts.
Michalski reported on her attendance at the recent National League of Cities Conference in
New Orleans. The message she learned from their city leaders was to have a disaster plan
ready but be prepared to change it quickly. A disaster plan is more a way of thinking. The most
important elements following a disaster were water, power/generators, and fuel.
PUBLIC INPUT
Lee Andre, 1175 Highland spoke in opposition of adult entertainment establishments and
urged Council to reconsider their attitude toward these types of businesses.
Jennifer Nye, 3303 Oakland, Austin, Minnesota spoke in support of adult entertainment
establishments as a matter of free speech.
There being no further business, upon motion the Council adjourned at 8:15 p.m.
/s/ Kevin S. Firnstahl
Assistant City Clerk
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