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11 3 14 City Council Proceedings Official_Regular and SpecialCITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 5:30 p.m. on November 3, 2014 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor Buol; Council Members, Braig, Connors, Jones, Lynch, Resnick, Sut- ton; City Manager Van Milligen, Assistant City Attorney Brumwell Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of conducting a work session on the Dubuque Metropolitan Area Solid Waste Agency. WORK SESSION Dubuque Metropolitan Area Solid Waste Agency (DMASWA) Solid Waste Agency Administrator John Foster provided a slide presentation which gave an overview of solid waste management services and future projects for the Dubuque Metropolitan Area Solid Waste Agency (Landfill). Topics included: • DMASWA Background, establishment and board membership • Mission statement • Site location and layout • Core services • Environmental education • Diversion opportunities • Yard debris management • Hazardous waste management • Landfill operations • Landfill design • Future Projects DMASWA Education Coordinator Bev Wagner provided information on the educa- tional components of the agency that includes tours, community outreach, whole -school programs and recognitions for sustainability. There begin no further business, upon motion the City Council adjourned at 5:59 p.m. /s/Kevin S. Firnstahl, CMC City Clerk 1 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on November 3, 2014 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor Buol; Council Members Braig, Connors, Jones, Lynch, Resnick, Sut- ton; City Manager Van Milligen, Assistant City Attorney Brumwell Mayor Buol read the call and stated this is a regular session of the City Council called for the purpose of conducting such business that may properly come before the City Council. PLEDGE OF ALLEGIANCE PROCLAMATION(S) Veterans' Day (November 11, 2014) was accepted by Commander Pete Eisbach of the American Legion Post #6, 1306 Delhi Street; Philanthropy Day (November 15, 2014) was accepted by Allisa Riegler, Associate Di- rector of Annual Funds & Special Events at Clarke College, 1550 Clarke Drive; Adoption Month (November 2014) was accepted by Kara Magnison, Post Adoptive Support Supervisor for Iowa KidsNet, 180 W. 1 5tn Street Hospice Month (November 2014) was accepted by Carole Carroll, Hospice of Dubu- que, 2255 JFK Road; Hunger and Homelessness Awareness Month (November 2014) was accepted by Ryan Brimeyer, Dubuque Rescue Mission, 398 Main Street. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dis- pose of as indicated. Seconded by Connors. Motion carried 7-0. 1. Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of 8/26; City Council proceedings of 10/20; Civil Service Commission of 10/23; Housing Commission of 10/28; Investment Oversight Advisory Commission of 10/22; Library Board of Trustees of 9/25; Proof of Publication for City Council proceedings of 10/2, 10/6; Proof of Publication for List of Claims and Summary of Revenues for Month Ended 9/30. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: Area Residential Care for property damage; Michelle Green for vehicle damage; Megan Herber for vehicle damage; Kortni Oliver for vehicle damage; Progressive Northern Insurance/Chad Parker for personal injury/vehicle dam- age; City of Dubuque vs. Robert Meier, et al. Upon motion the documents were re- ceived, filed and referred to the City Attorney. 2 3. Disposition of Claims: City Attorney advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities As- surance Pool: Area Residential Care for Property Damage, Megan Herber for vehicle damage, Chad Parker/Progressive Northern Insurance Co. for personal injury/vehicle damage. Upon motion the documents were received, filed and concurred. 4. Intelligent Communities Recognition: City Manager providing information on an application submitted to compete in the Intelligent Communities Forum competition. Up- on motion the document was received and filed. 5. International City/County Management Association (ICMA) - Letter of Support: City Manager submitting a Letter of Support for the International City/County Management Association Team's Urban Land Use and Climate Change Adaptation Planning Program (CLIMA-PLAN) proposal in response to USAID's Request for Application RFA -517-14- 000003 in the Dominican Republic. Upon motion the document was received, filed and approved. 6. Quarterly Investment Report: City Manager transmitting the Quarterly Investment Report for September 30, 2014. Upon motion the documents were received and filed. 7. Curb Access Ramps Phase One - Asphalt Overlay Project Acceptance: City Man- ager recommending adoption of a resolution accepting the improvements and establish- ing the final contract amount for the Asphalt Overlay Project — Curb Access Ramps Phase One as completed by Midwest Concrete, Inc. Upon motion the documents were received and filed and Resolution No. 339-14 Accepting the Asphalt Overlay Project Curb Access Ramps Phase One and authorizing the payment of the contract amount to the contractor was adopted. RESOLUTION NO. 339-14 ACCEPTING THE ASPHALT OVERLAY PROJECT CURB ACCESS RAMPS PHASE ONE AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the Asphalt Overlay Project Curb Ac- cess Ramps Phase One (the Project) has been completed and the City Engineer has examined the work and filed a certificate stating that the Project has been completed according to the terms of the Public Improvement Contract and that the City Engineer recommends that the Project be accepted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the Asphalt Overlay Project Curb Access Ramps Phase One appropriations for the contract amount of $67,487.32, less any retained percentage provided for therein as provided in Iowa Code chapter 573, and to pay such retainage only in accordance with the provi- sions of Iowa Code chapter 573. Passed, approved and adopted this 3rd day of November, 2014. Karla A. Braig. Mayor Pro Tem Attest: Kevin S. Firnstahl, City Clerk 3 CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF THE ASPHALT OVERLAY PROJECT CURB ACCESS RAMPS PHASE ONE The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the Asphalt Overlay Project Curb Access Ramps Phase One, 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 $74,887.32. Dated this 27th day of October, 2014. /s/Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 28th day of October, 2014 /s/Kevin S. Firnstahl, City Clerk 8. Curb Access Ramps Phase Two - Asphalt Overlay Project Acceptance: City Man- ager recommending adoption of a resolution accepting the improvements and establish- ing the final contract amount for the Asphalt Overlay Project -Curb Access Ramps Phase Two as completed by Midwest Concrete, Inc. Upon motion the documents were re- ceived and filed and Resolution No. 340-14 Accepting the Asphalt Overlay Project Curb Access Ramps Phase Two and authorizing the payment of the contract amount to the contractor was adopted. RESOLUTION NO. 340-14 ACCEPTING THE ASPHALT OVERLAY PROJECT CURB ACCESS RAMPS PHASE TWO AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the Asphalt Overlay Project Curb Ac- cess Ramps Phase Two (the Project) has been completed and the City Engineer has examined the work and filed a certificate stating that the Project has been completed according to the terms of the Public Improvement Contract and that the City Engineer recommends that the Project be accepted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the Asphalt Overlay Project Curb Access Ramps Phase One appropriations for the contract amount of $62,563.37, less any retained percentage provided for therein as provided in Iowa Code chapter 573, and to pay such retainage only in accordance with the provi- sions of Iowa Code chapter 573. Passed, approved and adopted this 3rd day of November, 2014. Karla A. Braig. Mayor Pro Tem Attest: Kevin S. Firnstahl, City Clerk CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF THE ASPHALT OVERLAY PROJECT CURB ACCESS RAMPS PHASE TWO The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the Asphalt Overlay Project Curb Access Ramps Phase Two, 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 $69,980.37. 4 Dated this 27th day of October, 2014. /s/Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 28th day of October, 2014 /s/Kevin S. Firnstahl, City Clerk 9. Curb Access Ramp Phase Four Project Award: City Manager recommending that the award for the 2014 Access Ramp Installation Project -Phase Four to Midwest Con- crete, Inc., be officially recorded in the minutes of the City Council. Upon motion the documents were received, filed and made a Matter of Record. 10. Iowa Economic Development Authority - Contract Amendment No. 5: Corre- spondence from the Iowa Economic Development Authority (IEDA) advising the City that it is granting Amendment No. 5 to the Community Development Block Grant (CDBG) contract (Catfish Creek Watershed Planning). Upon motion the documents were received and filed. 11. Signed Contract(s): Epic Construction for selective demolition of the Dubuque Furniture and Flooring property; Top Grade Excavating for the Arrowhead Storm Sewer Project. Upon motion the documents were received and filed. 12. Improvement Contracts and Maintenance Bonds: A&G Electric for the Floodwall Pumping Stations High Water Level Alarm and Level Control Project. Upon motion the documents were received, filed and approved. 13. Civil Service Commission: Civil Service Commission submitting the certified lists for the positions of Bus Operator and Transit Dispatcher/Scheduler. Upon motion the documents were received, filed and made a Matter of Record. October 23, 2014 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the Code of Iowa, an examination for the position of Bus Operator was administered on August 19, 2014. We hereby certify that the individ- uals listed below have passed this written examination and the vacancy for this position should be filled from this list and that this list is good for two (2) years from above date. Bus 1. Steven Jochum 2. Justin Licht 3. Mark Pillard 4. Ann Skemp 5. Clay Wilwert 6. Paul Bartlett 7. David Hanson 8. Eugene Hohmann 9. Douglas Kuehn 10. Chris Cullen Operator 5 11. Robert Meloy 12. Lawrence Brooks 13. Michael Feltes 14. Jason Hardtke 15. James Poll 16. Robert Grant 17. Steven Ough 18. Mark Welbes 19. Linda Langkamp 20. Barry Gibson Eligible Employee: Joyce Lucas Respectfully submitted, /s/Dan White, Chairman Civil Service Commission October 23, 2014 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the Code of Iowa, an examination for the position of Transit Dispatcher/Scheduler was administered on September 25, 2014. We hereby certify that the individuals listed below have passed this written examination and the va- cancy for this position should be made from this list and that this list is good for two (2) years from above date. 1. Rebecca Hoist 2. Melody Husemann 3. Dan Molokken 4. Kathryn Bertsch 5. Kathryn Heitz 6. Tammy Studelska 7. Carroll Clark 8. Kyle Koch 9. James Mauss 10. Carolyn Dougherty 11. Lynne Kramer 12. Jacqueline Herber 13. Robert Lynn Transit Dispatcher/Scheduler 14. Julie Schmitz 15. Darra Wiencek 16. Kevin DeMoss 17. Sherry Driscoll 18. Jennifer Snyder 19. Lowell Davis 20. Garth Day 21. Steven Thiltgen 22. John Canganelli 23. David Grant 24. Alex Kubicek 25. Mark McCaughey 26. Stacie Scott 27. Juanita Soppe 28. Barry Gibson 29. Kimberly Meyer 30. Kelly Eitter 31. Debra Gillies 32. Robin Kennicker 33. Jacob Trierweiler 34. Teresa Drury 35. Trisha Engler 36. Jane Oneyear 37. Helena Calvert 38. Terry Dunkel 39. Eric Olson 40. Katie Vansteenburg Respectfully submitted, /s/Dan White, Chairman Civil Service Commission 14. Alcohol Compliance Civil Penalty for Alcohol License Holder - AWN Stop Mart: City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for AWN Stop Mart, 1998 Jackson Street. Upon mo- tion the documents were received, filed and approved. 15. Tobacco Compliance - Civil Penalty for Tobacco License Holder - AWN Stop Mart: City Manager recommending approval of the Acknowledgement/Settlement Agreement for a tobacco compliance violation for AWN Stop Mart, 1998 Jackson Street. Upon motion the documents were received, filed and approved. 16. Alcohol Compliance Civil Penalty for Alcohol License Holder - Copper Kettle: City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for the Copper Kettle, 2987 Jackson Street. Upon motion the documents were received, filed and approved. 6 17. Alcohol Compliance Civil Penalty for Alcohol License Holder — Crust Italian Kitch- en and Bar: City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for Crust Italian Kitchen and Bar, 299 Main Street. Upon motion the documents were received, filed and approved. 18. Alcohol Compliance Civil Penalty for Alcohol License Holder - Dubuque Quick Stop Mart: City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for Dubuque Quick Stop Mart, 1401 Cen- tral Avenue. Upon motion the documents were received, filed and approved. 19. Tobacco Compliance — Civil Penalty for Tobacco License Holder - Dubuque Quick Stop Mart: City Manager recommending approval of the Acknowledge- ment/Settlement Agreement for a tobacco compliance violation for Dubuque Quick Stop Mart, 1401 Central Avenue. Upon motion the documents were received, filed and ap- proved. 20. Alcohol License Applications: City Manager recommending approval of annual liquor, beer, and wine licenses as submitted. Upon motion the documents were received and filed and Resolution No. 341-14 Approving applications for beer, liquor, and/or wine permits, as required by City of Dubuque Code of Ordinances Title 4 Business and Li- cense Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits was adopted. RESOLUTION NO. 341-14 APPROVING APPLICATIONS FOR BEER, LIQUOR, AND/OR WINE PERMITS, AS REQUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LICENSE REGULATIONS, CHAPTER 2 LIQUOR CONTROL, ARTICLE B LIQ- UOR, BEER AND WINE LICENSES AND PERMITS Whereas, applications for Beer, Liquor, and or Wine Permits have been submitted and filed with the City Council for approval and the same have been examined and ap- proved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City and the applicants have filed the proper fees and bonds and otherwise complied with the requirements of the Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Clerk is hereby authorized and directed to cause to be issued the noted permit types to the following applicants pending submission of the locally required documentation: Aragon Tap 1103 Iowa St. Class C Liquor (Sunday) Bridge Restaurant 31 Locust St. Class C Liquor (Sunday) Grand Harbor Resort 350 Bell St. Class B Liquor (Catering) (Outdoor) (Sunday) Happy Joe's Old Fashioned 855 Century Dr. Class B Beer (Sunday) Ice Cream & Pizza Parlor Hotel Julien Dubuque 200 Main St. Class B Liquor (Catering) (Outdoor) (Sunday) 7 Iowa Street Market Jumpin' Jane's Indoor Party & Play Center Skinny Maginny's Yen Ching Restaurant 1256 Iowa St. 4292 Dodge St. 123 S. Main St. 926 Main St. Class E Liquor, (Sunday) Class B Beer (Sunday) Class C Liquor (Catering) (Outdoor) (Sunday) Class C Liquor Passed, approved and adopted this 3rd day of November, 2014. Karla A. Braig, Mayor Pro Tem Attest: Kevin S. Firnstahl, City Clerk ITEMS SET FOR PUBLIC HEARING Motion by Lynch to receive and file the documents, adopt the resolutions, set the public hearings as indicated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Connors. Motion carried 7-0. 1. Kunkel & Associates, Inc. - Urban Revitalization Area Plan: City Manager recom- mending that a public hearing be set for December 15, 2014, regarding the proposed Urban Revitalization Plan for the Kunkel & Associates, Inc. Urban Revitalization Area. Upon motion the documents were received and filed and Resolution No. 342-14 Fixing the date fora public hearing on the matter of the adoption of a proposed Urban Revitali- zation Plan for the Kunkel & Associates Urban Revitalization Area was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on December 15, 2014 in the Historic Federal Building. RESOLUTION NO. 342-14 FIXING THE DATE FOR A PUBLIC HEARING ON THE MATTER OF THE ADOPTION OF A PROPOSED URBAN REVITALIZATION PLAN FOR THE KUNKEL & ASSOCI- ATES URBAN REVITALIZATION AREA Whereas, the City Council has determined that certain areas within the City of Dubu- que can be revitalized and the potential for development enhanced by the adoption of an Urban Revitalization Plan (the "Plan") as authorized by Chapter 404, Code of Iowa; and Whereas, the City Council considers that the Plan encompasses an area which is suitable for an economic development area as defined in Section 404.1, Code of Iowa, as amended; and Whereas, the adoption of the Plan for such urban revitalization will result in the im- provement of public health, safety and welfare of the residents of Dubuque; and Whereas, before such Plan can be adopted, it is necessary that a public hearing be held thereon and that due notice be given in accordance with the requirements of Chap- ter 404, Code of Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE IOWA: Section 1. It is determined that it is in the best interests of the citizens of the City of Dubuque to hold a public hearing on the matter of the adoption of the Urban Revitaliza- tion Plan for the City of Dubuque described herein, on the day of December 15, 2014 at 6:30 p.m., in the City Council Chambers, Historic Federal Building, 350 West 6th Street, Dubuque, Iowa. The Clerk is hereby directed to publish notice of such hearing at least 8 once, not less than thirty days prior to the date of public hearing in the manner provided in Section 362.3 of the Code of Iowa. Section 2. The Clerk also shall, not less than thirty days prior to the public hearing, cause notice of said hearing to be given by ordinary mail at the last known addresses of the owners of record located within the designated area. The Clerk shall also send no- tice by ordinary mail, addressed to the occupants of all City addresses located within the proposed area, if such addresses be available. Copies of the Plan shall be made available to the public through the office of the Clerk. Section 3. The notice of the proposed hearing shall be in substantially the [provided] form; Passed, approved and adopted this 3rd day of November, 2014. Karla A. Braig. Mayor Pro Tem Attest: Kevin S. Firnstahl, City Clerk PUBLIC HEARINGS Upon motion the rules were suspended allowing anyone present to address the City Council on the following items: 1. 911 High Bluff Retaining Wall Project: Proof of publication on notice of public hear- ing to consider approval of the Final Schedule of Assessments for the 911 High Bluff Retaining Wall Repair Project and the City Manager recommending approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 343-14 Adopting the Final Assessment Schedule for the 911 High Bluff Retaining Wall Repair Project. Se- conded by Jones. Assistant City Attorney Crenna Brumwell and City Engineer Gus Psi- hoyos responded to questions from the City Council concerning liability surrounding pri- vately owned retaining walls, how property owners might determine ownership of a re- taining wall, and how the associated costs are calculated for repair of retaining walls that are partially on public property or impact the public right-of-way. Motion carried 7-0. RESOLUTION NO. 343-14 ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR THE 911 HIGH BLUFF RE- TAINING WALL REPAIR PROJECT NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: After full consideration, the Final Schedule of Assessments as shown on the attached sheet(s), Page 1 to Page 1 inclusive, is hereby approved for the 911 High Bluff Retain- ing Wall Repair Project. There is hereby assessed and levied as a special tax against and upon each of the benefited properties, the respective sums indicated. The amounts shown in said Final Schedule of Assessments as deficiencies are found to be proper and levied conditional- ly against the respective properties benefited by the improvements as shown in the Fi- nal Schedule of Assessments, subject to the provisions of Iowa Code § 384.63. Said assessments against said lots are hereby declared to be in proportion to the special benefits conferred and not in excess of twenty-five percent of the value of same. The City Clerk be and is hereby directed to certify the Final Schedule of Assessments to the County Treasurer of Dubuque County, Iowa, and to publish notice of said certifi- cation once each week for two consecutive weeks in the manner provided in Iowa Code § 362.3, the first publication of which shall be not more than fifteen days from the date 9 of filing of the Final Schedule of Assessments. On or before the date of the second pub- lication of the notice, the City Clerk shall also mail a copy of said notice to property owners whose property is subject to assessment, as provided in Iowa Code § 384.60. The assessments may be paid in full or in part without interest at the office of the City Treasurer, City Hall, 50 W. 13th Street, Dubuque, Iowa, at any time within 30 days after the date of the first notice of the Final Schedule of Assessments. Thereafter, unpaid as- sessments of $100.00 or more are payable in 15 annual installments at the County Treasurer's Office, Dubuque County Courthouse, 720 Central Avenue, Dubuque, Iowa, and will draw annual interest at three percent (3%) computed to December 1 next fol- lowing the due dates of the respective installments as provided in Section 384.65 of the Code of Iowa. Each installment will be delinquent from October 1 following its due date on July 1 of each year. However, when the last day of September is a Saturday or Sun- day, that amount shall be delinquent from the second business day of October. Delin- quent installments will draw the same delinquent interest as ordinary taxes. Property owners may elect to pay any annual installments semi-annually in advance. Passed, approved and adopted this 3rd day of November, 2014. Karla A. Braig. Mayor Pro Tem Attest: Kevin S. Firnstahl, City Clerk CITY OF DUBUQUE, IOWA 911 HIGH BLUFF RETAINING WALL REPAIR FINAL SCHEDULE OF VALUATION AND PROPOSED ASSESSMENTS DATE: OCTOBER 28, 2014 The following schedule is hereby determined to show each lot proposed to be as- sessed for the improvement shown in the title together with the amount proposed to be assessed against each lot and the valuations shown opposite each lot are hereby fixed as the true valuations of such lots by the City Council of the City of Dubuque. PROPERTY OWNER NAME, LOT DESCRIPTION, PARCEL NUMBER, VALUATION WITH IMPROVEMENT, CITY, STATE, RETAINING WALL COST, TOTAL NET AS- SESSMENT Blakeman, Christopher J & Haley, Heather M, LOTS 42 & 43 HOOPER ADD, 10-13- 437-019, $178,549.61, Dubuque, IA 52001, $69,869.61, $44,637.40 2. Taxable General Obligation Bond Series 2014C (Urban Renewal and Parking): Proof of publication on notice of public hearing to consider approval of the suggested proceedings for the public hearing on the issuance of $8,625,000 General Obligation Capital Loan Notes, advertisement for the sale and approval of electronic bidding pro- cedures and the City Manager recommending approval. Motion by Connors to receive and file the documents and adopt Resolution No. 344-14 Instituting proceedings to take additional action for the authorization of a Loan Agreement and the issuance of not to exceed $8,265,000 General Obligation Capital Loan Notes, Series 2014; and Resolu- tion No. 345-14 Directing the advertisement for sale of $7,615,000 (dollar amount sub- ject to change) Taxable General Obligation Capital Loan Notes, Series 2014C, and ap- proving Electronic Bidding Procedures and Official Statement. City Manager Van Milli - gen responded to questions regarding statutory debt capacity and projections, and fund- ing/repayment sources. Motion carried 6-1 with Resnick voting nay. RESOLUTION NO. 344-14 10 INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHOR- IZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $8,265,000 GENERAL OBLIGATION CAPITAL LOAN NOTES, SERIES 2014 Whereas, pursuant to notice published as required by law, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the authoriza- tion of a Loan Agreement and the issuance of not to exceed $8,265,000 General Obli- gation Capital Loan Notes, Series 2014, for the purpose of paying costs of aiding in the planning, undertaking and carrying out of urban renewal projects, including, intermodal facility improvements, Millwork District parking improvements, homeownership pur- chase, rehabilitation and resale program costs, riverfront leasehold improvements, land acquisition and rehab in the Dubuque Industrial Center West Urban Renewal Project, Transit Building roof repairs, Central Avenue Master Plan and bus storage and mainte- nance facility improvements, and has considered the extent of objections received from residents or property owners as to the proposal, and no petition was filed calling for a referendum thereon. The following action is now considered to be in the best interests of the City and residents thereof: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, STATE OF IOWA: Section 1. That this Council does hereby institute proceedings and take additional ac- tion for the authorization of a Loan Agreement and issuance in the manner required by law of not to exceed $8,265,000 General Obligation Capital Loan Notes, Series 2014, to evidence the obligation thereof for the foregoing purpose. Section 2. This Resolution shall serve as a declaration of official intent under Treas- ury Regulation 1.150-2 and shall be maintained on file as a public record of such intent. It is reasonably expected that moneys may be advanced from time to time for capital expenditures which are to be paid from the proceeds of the above loan agreement. The amounts so advanced shall be reimbursed from the proceeds of the Loan Agreement not later than eighteen months after the initial payment of the capital expenditures or eighteen months after the property is placed in service. Such advancements shall not exceed the loan amount authorized in this Resolution unless the same are for prelimi- nary expenditures or unless another declaration of intention is adopted. Passed and approved this 3rd day of November, 2014. Karla A. Braig. Mayor Pro Tem Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 345-14 DIRECTING THE ADVERTISEMENT FOR SALE OF $7,615,000 (DOLLAR AMOUNT SUBJECT TO CHANGE) TAXABLE GENERAL OBLIGATION CAPITAL LOAN NOTES, SERIES 2014C, AND APPROVING ELECTRONIC BIDDING PROCEDURES AND OFFICIAL STATEMENT Whereas, the City of Dubuque, State of Iowa, is in need of funds to pay costs of aid- ing in the planning, undertaking and carrying out of urban renewal projects, including, intermodal facility improvements, Millwork District parking improvements, homeowner- ship purchase, rehabilitation and resale program costs, riverfront leasehold improve- ments, land acquisition and improvements in the Dubuque Industrial Center West Urban Renewal Project, and acquisition, construction, maintenance, improvement and equip- ping of parking ramps, parking lots, and street parking, and it is deemed necessary and advisable that a form of Loan Agreement be approved and authorized and that the City issue Taxable General Obligation Capital Loan Notes for such purposes to the amount 11 of not to exceed $7,615,000 as authorized by Sections 384.24, 384.24A, 384.25 and 384.26 of the City Code of Iowa; and Whereas, pursuant to notice published as required by the City Code of Iowa, this Council has held appropriate public meetings and hearings today, November 3, 2014, upon the proposal to institute proceedings for the issuance of General Obligation Capi- tal Loan Notes, no petition was filed in the manner provided by Section 362.4 of the City Code of Iowa, and all objections, if any, to such Council action made by any resident or property owner of the City were received and considered by the Council; and it is the decision of the Council that additional action be taken for the issuance of said Notes, and that such action is considered to be in the best interests of the City and the resi- dents thereof; and Whereas, pursuant to Sections 384.24, 384.24A, and 384.28 of the City Code of Io- wa, it is deemed appropriate that the various General Obligation Capital Loan Notes hereinabove described be combined for purposes of issuance and sale in a single issue of taxable corporate purpose notes as hereinafter set forth; and Whereas, in conjunction with its financial advisor, Independent Public Advisors, LLC, the City has caused a Preliminary Official Statement to be prepared outlining the details of the proposed sale of the Note; and Whereas, the Council has received information from its Financial Consultant evaluat- ing and recommending the procedure hereinafter described for electronic, facsimile and Internet bidding to maintain the integrity and security of the competitive bidding process and to facilitate the delivery of bids by interested parties; and Whereas, the Council deems it in the best interests of the City and the residents thereof to receive bids to purchase such Notes by means of both sealed and electronic Internet communication. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, STATE OF IOWA: Section 1. That the receipt of electronic bids by facsimile machine and through the Parity Competitive Bidding System described in the Terms of Offering are hereby found and determined to provide reasonable security and to maintain the integrity of the com- petitive bidding process, and to facilitate the delivery of bids by interested parties in connection with the offering at public sale. Section 2. That the preliminary Official Statement in the form presented to this meet- ing be and the same hereby is approved as to form and deemed final for purposes of Rule 15c2-12 of the Securities and Exchange Commission, subject to such revisions, corrections or modifications as the Mayor and City Clerk, upon the advice of bond coun- sel and the City's Financial Advisor, shall determine to be appropriate, and is authorized to be distributed in connection with the offering of the Notes for sale. Section 3. Bids for the sale of Taxable General Obligation Capital Loan Notes, Series 2014C, of the City of Dubuque, State of Iowa, will be received at the office of the Fi- nance Director, City Hall, 50 W. 13th Street, Dubuque, Iowa; Telephone: 563-589-4100 (the "Issuer") before 11:00 o'clock A.M., on the 17th day of November, 2014. The bids will then be publicly opened and referred for action to the meeting of the City Council in conformity with the TERMS OF OFFERING. The Notes: The notes to be offered are the following: TAXABLE GENERAL OBLIGATION CAPITAL LOAN NOTES, SERIES 2014C, in the amount of $7,615,000', to be dated December 8, 2014 (the "Notes") *Subject to principal adjustment pursuant to official terms of offering. 12 Section 4. Open bids will not be received. Bids will be received in any of the following methods: • Sealed Bidding: Sealed bids may be submitted and will be received at the office of the Finance Director at City Hall, 50 W. 13th Street, Dubuque, Iowa 52001. • Electronic Internet Bidding: Electronic Internet bids will be received at the office of the Finance Director at City Hall, 50 W. 13th Street, Dubuque, Iowa 52001. The bids must be submitted through the PARITY® competitive bidding system. • Electronic Facsimile Bidding: Electronic facsimile bids will be received at the office of the Finance Director at City Hall, 50 W. 13th Street, Dubuque, Iowa 52001 (fac- simile number: 563-589-0890) or Issuer's Financial Advisor, Independent Public Advisors, LLC, 8805 Chamberry Blvd., Suite 300 #114, Johnston, Iowa, 50131, (facsimile number: 515-259-8193). Electronic facsimile bids will be sealed and treated as sealed bids. Section 5. After the time for receipt of bids has passed, the close of sealed bids will be announced. Sealed bids will then be publicly opened and announced. Finally, elec- tronic Internet bids will be accessed and announced. Section 6. The sale and award of the Notes will be held at the Historic Federal Build- ing, 350 West 6th Street, Dubuque, Iowa at a meeting of the City Council on the above date at 6:30 o'clock P.M. Section 7. The Issuer has issued an Official Statement of information pertaining to the Notes to be offered, including a statement of the Terms of Offering and an Official Bid Form, which is incorporated by reference as a part of this notice. The Official State- ment may be obtained by request addressed to the City Clerk, City Hall, 50 W. 13th Street, Dubuque, Iowa 52001; Telephone: 563-589-4100 or the Issuer's Financial Con- sultant, Independent Public Advisors, LLC, 8805 Chamberry Blvd., Suite 300 #114, Johnston, Iowa, 50131, Telephone: 515-259-8193. Section 8. All bids shall be in conformity with and the sale shall be in accord with the Terms of Offering as set forth in the Official Statement. Section 9. The notes will be sold subject to the opinion of Ahlers & Cooney, P.C., At- torneys of Des Moines, Iowa, as to the legality and their opinion will be furnished to- gether with the printed notes without cost to the purchaser and all bids will be so condi- tioned. Except to the extent necessary to issue their opinion as to the legality of the notes, the attorneys will not examine or review or express any opinion with respect to the accuracy or completeness of documents, materials or statements made or furnished in connection with the sale, issuance or marketing of the bonds. Section 10. The right is reserved to reject any or all bids, and to waive any irregulari- ties as deemed to be in the best interests of the public. Passed and approved this 3rd day of November, 2014. Karla A. Braig. Mayor Pro Tem Attest: Kevin S. Firnstahl, City Clerk 3. Tax -Exempt General Obligation Bond Series 2014B: Proof of publication on notice of public hearing to consider approval of the suggested proceedings for the public hear- ing on the issuance of $18,335,000 General Obligation Capital Loan Notes, advertise- ment for the sale and approval of electronic bidding procedures and the City Manager recommending approval. Motion by Connors to receive and file the documents and adopt Resolution No. 346-14 Instituting proceedings to take additional action for the au- thorization of a Loan Agreement and the issuance of not to exceed $18,335,000 Gen- eral Obligation Capital Loan Notes, Series 2014; and Resolution No. 347-14 Directing 13 the advertisement for sale of $18,815,000 (dollar amount subject to change) General Obligation Capital Loan Notes, Series 2014B, and approving electronic bidding proce- dures and Official Statement. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 346-14 INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHOR- IZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $18,335,000 GENERAL OBLIGATION CAPITAL LOAN NOTES, SERIES 2014 Whereas, pursuant to notice published as required by law, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the authoriza- tion of a Loan Agreement and the issuance of not to exceed $18,335,000 General Obli- gation Capital Loan Notes, Series 2014, for the purpose of paying costs of acquisition of ambulances and ambulance improvements, improvements to existing parks of the type normally found in parks; equipping the Police Department; equipping the Street De- partment; improvements to the existing Municipal Airport; opening, widening, extending, grading, and draining of the right-of-way of streets, highways, avenues, alleys and pub- lic grounds; the construction, reconstruction, and repairing of any street improvements; the acquisition, installation, and repair of sidewalks, storm sewers, sanitary sewers, wa- ter service lines and traffic control devices, and the acquisition of any real estate need- ed for any of the foregoing purposes; acquisition, construction, improvement, and instal- lation of street lighting fixtures, connections, and facilities, construction, reconstruction, and repair of sidewalks and pedestrian underpasses and overpasses, and the acquisi- tion of real estate needed for such purposes; acquisition, construction, reconstruction, extension, improvement, and equipping of works and facilities useful for the collection, treatment, and disposal of sewage and industrial waste in a sanitary manner, and for the collection and disposal of surface waters and streams; acquisition, construction, re- construction, enlargement, improvement, and repair of bridges, culverts, retaining walls, viaducts, underpasses, grade crossing separations, and approaches thereto; and ac- quisition, construction, reconstruction, improvement, repair, and equipping of water- works, water mains, and extensions, and real and personal property, useful for provid- ing potable water to residents of a city, and has considered the extent of objections re- ceived from residents or property owners as to the proposal and, accordingly the follow- ing action is now considered to be in the best interests of the City and residents thereof: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, STATE OF IOWA: Section 1. That this Council does hereby institute proceedings and take additional ac- tion for the authorization of a Loan Agreement and issuance in the manner required by law of not to exceed $18,335,000 General Obligation Capital Loan Notes, Series 2014, to evidence the obligation thereof for the foregoing purpose. Section 2. This Resolution shall serve as a declaration of official intent under Treas- ury Regulation 1.150-2 and shall be maintained on file as a public record of such intent. It is reasonably expected that moneys may be advanced from time to time for capital expenditures which are to be paid from the proceeds of the above loan agreement. The amounts so advanced shall be reimbursed from the proceeds of the Loan Agreement not later than eighteen months after the initial payment of the capital expenditures or eighteen months after the property is placed in service. Such advancements shall not exceed the loan amount authorized in this Resolution unless the same are for prelimi- nary expenditures or unless another declaration of intention is adopted. 14 Passed and approved this 3rd day of November, 2014. Karla A. Braig. Mayor Pro Tem Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 347-14 DIRECTING THE ADVERTISEMENT FOR SALE OF $18,815,000 (DOLLAR AMOUNT SUBJECT TO CHANGE) GENERAL OBLIGATION CAPITAL LOAN NOTES, SERIES 2014B, AND APPROVING ELECTRONIC BIDDING PROCEDURES AND OFFICIAL STATEMENT Whereas, the City of Dubuque, State of Iowa, is in need of funds to pay costs of ac- quisition of ambulances and ambulance improvements, improvements to existing parks of the type normally found in parks; equipping the Police Department; equipping the Street Department; improvements to the existing Municipal Airport; opening, widening, extending, grading, and draining of the right-of-way of streets, highways, avenues, al- leys and public grounds; the construction, reconstruction, and repairing of any street improvements; the acquisition, installation, and repair of sidewalks, storm sewers, sani- tary sewers, water service lines and traffic control devices, and the acquisition of any real estate needed for any of the foregoing purposes; acquisition, construction, im- provement, and installation of street lighting fixtures, connections, and facilities, con- struction, reconstruction, and repair of sidewalks and pedestrian underpasses and overpasses, and the acquisition of real estate needed for such purposes; acquisition, construction, reconstruction, extension, improvement, and equipping of works and facili- ties useful for the collection, treatment, and disposal of sewage and industrial waste in a sanitary manner, and for the collection and disposal of surface waters and streams; ac- quisition, construction, reconstruction, enlargement, improvement, and repair of bridges, culverts, retaining walls, viaducts, underpasses, grade crossing separations, and ap- proaches thereto (essential corporate purpose projects); acquisition, construction, re- construction, improvement, repair, and equipping of waterworks, water mains, and ex- tensions, and real and personal property, useful for providing potable water to residents of a city; and aiding in the planning, undertaking and carrying out of urban renewal pro- jects, including Transit Building roof repairs, Central Avenue Master Plan and bus stor- age and maintenance facility improvements, and it is deemed necessary and advisable that a form of Loan Agreement be approved and authorized and that the City issue General Obligation Capital Loan Notes for such purposes to the amount of not to ex- ceed $18,815,000 as authorized by Sections 384.24, 384.24A, 384.25 and 384.26 of the City Code of Iowa; and Whereas, pursuant to notice published as required by the City Code of Iowa, this Council has held appropriate public meetings and hearings today, November 3, 2014, upon the proposal to institute proceedings for the issuance of General Obligation Capi- tal Loan Notes, no petition was filed in the manner provided by Section 362.4 of the City Code of Iowa, and all objections, if any, to such Council action made by any resident or property owner of the City were received and considered by the Council; and it is the decision of the Council that additional action be taken for the issuance of said Notes, and that such action is considered to be in the best interests of the City and the resi- dents thereof; and Whereas, pursuant to Sections 384.24, 384.24A, and 384.28 of the City Code of Io- wa, it is deemed appropriate that the various general obligation notes hereinabove de - 15 scribed be combined for purposes of issuance and sale in a single issue of corporate purpose notes as hereinafter set forth; and Whereas, in conjunction with its financial advisor, Independent Public Advisors, LLC, the City has caused a Preliminary Official Statement to be prepared outlining the details of the proposed sale of the Notes; and Whereas, the Council has received information from its Financial Consultant evaluat- ing and recommending the procedure hereinafter described for electronic, facsimile and Internet bidding to maintain the integrity and security of the competitive bidding process and to facilitate the delivery of bids by interested parties; and Whereas, the Council deems it in the best interests of the City and the residents thereof to receive bids to purchase such Notes by means of both sealed and electronic Internet communication. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, STATE OF IOWA: Section 1. That the receipt of electronic bids by facsimile machine and through the Parity Competitive Bidding System described in the Terms of Offering are hereby found and determined to provide reasonable security and to maintain the integrity of the com- petitive bidding process, and to facilitate the delivery of bids by interested parties in connection with the offering at public sale. Section 2. That the preliminary Official Statement in the form presented to this meet- ing be and the same hereby is approved as to form and deemed final for purposes of Rule 15c2-12 of the Securities and Exchange Commission, subject to such revisions, corrections or modifications as the Mayor and City Clerk, upon the advice of bond coun- sel and the City's Financial Advisor, shall determine to be appropriate, and is authorized to be distributed in connection with the offering of the Notes for sale. Section 3. Bids for the sale of General Obligation Capital Loan Notes, Series 2014B, of the City of Dubuque, State of Iowa, will be received at the office of the Finance Direc- tor, City Hall, 50 W. 13th Street, Dubuque, Iowa 52001; Telephone: 563-589-4100 (the "Issuer") before 11:00 o'clock A.M., on the 17th day of November, 2014. The bids will then be publicly opened and referred for action to the meeting of the City Council in con- formity with the TERMS OF OFFERING. The Notes: The notes to be offered are the following: GENERAL OBLIGATION CAPITAL LOAN NOTES, SERIES 2014B, in the amount of $18,815,000*, to be dated December 8, 2014 (the "Notes") *Subject to principal adjustment pursuant to official terms of offering. Section 4. Open bids will not be received. Bids will be received in any of the following methods: • Sealed Bidding: Sealed bids may be submitted and will be received at the office of the Finance Director at City Hall, 50 W. 13th Street, Dubuque, Iowa 52001. • Electronic Internet Bidding: Electronic Internet bids will be received at the office of the Finance Director at City Hall, 50 W. 13th Street, Dubuque, Iowa 52001. The bids must be submitted through the PARITY® competitive bidding system. • Electronic Facsimile Bidding: Electronic facsimile bids will be received at the of- fice of the Finance Director at City Hall, 50 W. 13th Street, Dubuque, Iowa 52001 (facsimile number: 563-589-0890) or the Issuer's Financial Advisor, Independent Public Advisors, LLC, 8805 Chamberry Blvd., Suite 300 #114, Johnston, Iowa, 50131 (facsimile number: 515-259-8193). Electronic facsimile bids will be sealed and treated as sealed bids. 16 Section 5. After the time for receipt of bids has passed, the close of sealed bids will be announced. Sealed bids will then be publicly opened and announced. Finally, elec- tronic Internet bids will be accessed and announced. Section 6. The sale and award of the Notes will be held at the Historic Federal Build- ing, 350 West 6th Street, Dubuque, Iowa 52001 at a meeting of the City Council on the above date at 6:30 o'clock P.M. Section 7. The Issuer has issued an Official Statement of information pertaining to the Notes to be offered, including a statement of the Terms of Offering and an Official Bid Form, which is incorporated by reference as a part of this notice. The Official State- ment may be obtained by request addressed to the City Clerk, City Hall, 50 W. 13th Street, Dubuque, Iowa 52001; Telephone: 563-589-4100 or the Issuer's Financial Con- sultant, Independent Public Advisors, LLC, 8805 Chamberry Blvd., Suite 300 #114, Johnston, Iowa, 50131, Telephone: 515-259-8193. Section 8. All bids shall be in conformity with and the sale shall be in accord with the Terms of Offering as set forth in the Official Statement. Section 9. The notes will be sold subject to the opinion of Ahlers & Cooney, P.C., At- torneys of Des Moines, Iowa, as to the legality and their opinion will be furnished to- gether with the printed notes without cost to the purchaser and all bids will be so condi- tioned. Except to the extent necessary to issue their opinion as to the legality of the notes, the attorneys will not examine or review or express any opinion with respect to the accuracy or completeness of documents, materials or statements made or furnished in connection with the sale, issuance or marketing of the bonds. Section 10. The right is reserved to reject any or all bids, and to waive any irregulari- ties as deemed to be in the best interests of the public. Passed and approved this 3rd day of November, 2014. Karla A. Braig. Mayor Pro Tem Attest: Kevin S. Firnstahl, City Clerk 4. Taxable General Obligation Bond Series 2014C: Proof of publication on notice of public hearing to consider approval of the suggested proceedings for the public hearing on the issuance of $500,000 General Obligation Capital Loan Notes and the City Man- ager recommending approval. Motion by Jones to receive and file the documents and adopt Resolution No. 348-14 Instituting proceedings to take additional action for the au- thorization of a Loan Agreement and the issuance of not to exceed $500,000 General Obligation Capital Loan Notes, Series 2014. Seconded by Braig. Motion carried 7-0. RESOLUTION NO. 348-14 INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHOR- IZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $500,000 GENERAL OBLIGATION CAPITAL LOAN NOTES, SERIES 2014 Whereas, pursuant to notice published as required by law, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the authoriza- tion of a Loan Agreement and the issuance of not to exceed $500,000 General Obliga- tion Capital Loan Notes, Series 2014, for a general corporate purpose, for the purpose of paying costs of acquisition, construction, maintenance, improvement and equipping of parking ramps, parking lots, and street parking, and no petition was filed calling for a referendum thereon. The following action is now considered to be in the best interests of the City and residents thereof: 17 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, STATE OF IOWA: Section 1. That this Council does hereby institute proceedings and take additional ac- tion for the authorization of a Loan Agreement and issuance in the manner required by law of not to exceed $500,000 General Obligation Capital Loan Notes, Series 2014, to evidence the obligation thereof for the foregoing general corporate purpose. Section 2. This Resolution shall serve as a declaration of official intent under Treas- ury Regulation 1.150-2 and shall be maintained on file as a public record of such intent. It is reasonably expected that moneys may be advanced from time to time for capital expenditures which are to be paid from the proceeds of the above loan agreement. The amounts so advanced shall be reimbursed from the proceeds of the Loan Agreement not later than eighteen months after the initial payment of the capital expenditures or eighteen months after the property is placed in service. Such advancements shall not exceed the loan amount authorized in this Resolution unless the same are for prelimi- nary expenditures or unless another declaration of intention is adopted. Passed and approved this 3rd day of November, 2014. Karla A. Braig. Mayor Pro Tem Attest: Kevin S. Firnstahl, City Clerk 5. Tax -Exempt General Obligation Bond Series 2014B: Proof of publication on notice of public hearing to consider approval of the suggested proceedings for the public hear- ing on the issuance of $575,000 General Obligation Capital Loan Notes and the City Manager recommending approval. Motion by Connors to receive and file the documents and adopt Resolution No. 349-14 Instituting proceedings to take additional action for the authorization of a Loan Agreement and the issuance of not to exceed $575,000 General Obligation Capital Loan Notes, Series 2014. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 349-14 INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHOR- IZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $575,000 GENERAL OBLIGATION CAPITAL LOAN NOTES, SERIES 2014 Whereas, pursuant to notice published as required by law, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the authoriza- tion of a Loan Agreement and the issuance of not to exceed $575,000 General Obliga- tion Capital Loan Notes, Series 2014, for general corporate purposes, for the purpose of paying costs of acquisition, improvement and equipping of recreation grounds, including the Bunker Hill Golf Course, and the concrete skate park, and improvements to City Hall, transit bus stops, Fire Station #2 and Ham House, and no petition was filed calling for a referendum thereon. The following action is now considered to be in the best inter- ests of the City and residents thereof: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, STATE OF IOWA: Section 1. That this Council does hereby institute proceedings and take additional ac- tion for the authorization of a Loan Agreement and issuance in the manner required by law of not to exceed $575,000 General Obligation Capital Loan Notes, Series 2014, to evidence the obligation thereof for the foregoing general corporate purposes. Section 2. This Resolution shall serve as a declaration of official intent under Treas- ury Regulation 1.150-2 and shall be maintained on file as a public record of such intent. It is reasonably expected that moneys may be advanced from time to time for capital 18 expenditures which are to be paid from the proceeds of the above loan agreement. The amounts so advanced shall be reimbursed from the proceeds of the Loan Agreement not later than eighteen months after the initial payment of the capital expenditures or eighteen months after the property is placed in service. Such advancements shall not exceed the loan amount authorized in this Resolution unless the same are for prelimi- nary expenditures or unless another declaration of intention is adopted. Passed and approved this 3rd day of November, 2014. Karla A. Braig. Mayor Pro Tem Attest: Kevin S. Firnstahl, City Clerk Upon motion the rules were reinstated limiting discussion to the City Council. ACTION ITEMS 1. Dubuque Metropolitan Solid Waste Agency (DMASWA) Financing Plan: City Man- ager recommending authorization for the Dubuque Metropolitan Area Solid Waste Agency (DMASWA) to borrow money and endorse the financing plan for its Cells #4-#8 closure and Cell #9 Phase II construction projects. Motion by Jones to receive and file the documents and adopt Resolution No. 350-14 Consenting to Financing Plan for Dubuque Metropolitan Area Solid Waste Agency. Seconded by Resnick. Michael Malo- ney and Chip Schultz from D.A. Davidson provided a slide presentation describing city/county financing options. Motion carried 7-0. RESOLUTION NO. 350-14 CONSENTING TO FINANCING PLAN FOR DUBUQUE METROPOLITAN AREA SOL- ID WASTE AGENCY Whereas, the Board of Supervisors of Dubuque County, Iowa (the "County") and the City Council of the City of Dubuque, Iowa (the "City") have authorized and executed a certain Intergovernmental Agreement Creating the Dubuque Metropolitan Area Solid Waste Agency (the "28E Agreement") pursuant to Chapter 28E of the Code of Iowa; and Whereas, the terms of the 28E Agreement provide for the creation of the Dubuque Metropolitan Area Solid Waste Agency (the "Agency") for the purposes of providing for the economic transport, processing, and disposal of all solid waste produced within the metropolitan area of the Agency; and Whereas, the Agency has authority pursuant to the 28E Agreement and Chapter 28F of the Code of Iowa to issue revenue bonds and interim financing notes to pay the costs of projects undertaken by the Agency; and Whereas, the Agency has proposed to undertake the Cell 9 Phase II Cell Construc- tion and Cell 4-8 Closure Project (the "Project"); and Whereas, D.A. Davidson, the Agency's Financial Advisor (the "Financial Advisor"), has prepared a financing plan (the "Financing Plan") for the funding of the Project; and Whereas, the Financing Plan includes: (1) the issuance by the Agency of Landfill Fa- cility Revenue Bonds (the "Revenue Bonds") in a principal amount not to exceed $3,500,000; (2) the issuance by the County of General Obligation Landfill Facility Bonds (the "General Obligation Bonds") in a principal amount not to exceed $4,500,000; and (3) the execution of a revenue disbursement agreement (the "Revenue Agreement") be- tween the Agency and the County covering revenue payments by the Agency to the County in an amount equal to the principal and interest to be paid on the General Obli- 19 gation Bonds, plus reasonable administrative fees to compensate the County for its is- suance and maintenance of those Bonds; and Whereas, it is now necessary for the City Council of the City (the "Council") to take action to approve the Financing Plan, the issuance of the Revenue Bonds, the issuance of the General Obligation Bonds and the execution of the Revenue Agreement; NOW, THEREFORE, it is hereby resolved by the City Council of the City of Dubuque, Iowa, as follows: Section 1. The City hereby approves the undertaking of the Project and the Financing Plan as prepared and presented by the Financial Advisor. Section 2. The Agency's issuance of the Revenue Bonds, as described in the Financ- ing Plan and the preamble hereof, is hereby approved pursuant to Chapter 28F of the Code of Iowa. Section 3. The County's issuance of the General Obligation Bonds, as described in the Financing Plan and the preamble hereof, is hereby acknowledged and approved. Section 4. The execution by the Agency of the Revenue Agreement, as described in the Financing Plan and the preamble hereof, is hereby approved pursuant to Chapter 28F of the Code of Iowa. The Agency's fulfillment of its payment obligations to the County under the Revenue Agreement is hereby approved. Section 5. All resolutions or parts thereof in conflict herewith be and the same are hereby repealed to the extent of such conflict. Passed and approved this 3rd day of November, 2014. Karla A. Braig, Mayor Pro Tem Attest: Kevin S. Firnstahl, City Clerk 2. Dubuque Racing Association and Iowa Greyhound Association Lease Agreement and Public Hearing: City Attorney recommending adoption of the resolution approving the Fifth Amendment to the Amended and Restated Lease Agreement between Dubu- que Racing Association and the City and approving the Consent to the Sublease be- tween the Dubuque Racing Association and Iowa Greyhound Association; and further recommending that the City Council adopt the Resolution of Intent to Dispose of a por- tion of the greyhound racing facility by lease with Iowa Greyhound Association, setting a public hearing on the lease for November 17, 2014. The DRA-IGA Sublease document will be distributed at the meeting. Motion by Lynch to receive and file the documents and adopt Resolution No. 351-14 Approving the Fifth Amendment to Amended and Re- stated Lease Agreement between the Dubuque Racing Association and the City of Dubuque and approving the Consent to the Sublease between the Dubuque Racing As- sociation and Iowa Greyhound Association; and Resolution No. 352-14 Intent to dispose of an interest in real property by Lease with Iowa Greyhound Association. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 351-14 APPROVING THE FIFTH AMENDMENT TO AMENDED AND RESTATED LEASE AGREEMENT BETWEEN THE DUBUQUE RACING ASSOCIATION AND THE CITY OF DUBUQUE AND APPROVING THE CONSENT TO THE SUBLEASE BETWEEN THE DUBUQUE RACING ASSOCIATION AND IOWA GREYHOUND ASSOCIATION Whereas, the City of Dubuque (City) and the Dubuque Racing Association, LTD. (As- sociation) are parties to an Amended and Restated Lease Agreement (the Lease Agreement) dated for reference purposes the 31 st day of March, 2004, as amended by the First Amendment dated the 4th day of April, 2005, the Second Amendment dated the 20 29th day of June, 2005, the Third Amendment dated the 2nd day of February, 2009, and the Fourth Amendment dated the 7th day of June, 2010; and Whereas, City and Association desire to allow City to enter into a Lease with Iowa Greyhound Association for portions of the Leased Premises in the Amended and Re- stated Lease Agreement, which requires that such portions be removed from the Leased Premises; and Whereas, City and Association now desire to amend the Lease Agreement as set forth in the attached Fifth Amendment; and Whereas, City and Association desire to allow Association to enter into a Sublease Agreement with the Iowa Greyhound Association for portions of the Leased Premises in the Amended and Restated Lease Agreement which requires the consent of City; and Whereas, the City Council of the City of Dubuque finds that it is in the interests of the City of Dubuque to approve the Fifth Amendment and consent to the Sublease attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: 1. The Fifth Amendment to Amended and Restated Lease Agreement attached here- to is hereby approved. 2. The Mayor is hereby authorized and directed to execute the Fifth Amendment on behalf of the City of Dubuque. 3. The City of Dubuque hereby consents to the Sublease between the Dubuque Rac- ing Association and Iowa Greyhound Association in substantially the form attached hereto. The City Manager and City Attorney are authorized to review and approve any non -substantial revisions to the final form of the Sublease. 4. The Mayor is hereby authorized and directed to sign the consent to Sublease. Passed, approved and adopted this 3rd day of November, 2014. Karla A. Braig. Mayor Pro Tem Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 352-14 INTENT TO DISPOSE OF AN INTEREST IN REAL PROPERTY BY LEASE WITH IOWA GREYHOUND ASSOCIATION Whereas, the City of Dubuque, Iowa (City) owns certain property shown on Exhibit A attached hereto known as Dubuque Greyhound Park; and Whereas, City desires to enter into a Lease Agreement with Iowa Greyhound Associ- ation for the property shown on Exhibit A; and Whereas, the City Council of the City of Dubuque believes it is in the best interests of the City of Dubuque to approve the Lease Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, intends to dispose of the City's interest in the foregoing -described real property pursuant to the Lease Agreement between City and Iowa Greyhound Association, a copy of which is now on file at the Of- fice of the City Clerk, City Hall, 13th and Central Ave., Dubuque, Iowa. Section 2. The City Clerk is hereby authorized and directed to cause this Resolution and a Notice to be published as prescribed by Iowa Code § 364.7 of a public hearing on the City's intent to dispose of the foregoing -described real property, to be held on the 17th day of November, 2014, at 6:30 o'clock p.m. in the City Council Chambers at the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa 21 Passed, approved and adopted this 3rd day of November, 2014. Karla A. Braig, Mayor Pro Tem Attest: Kevin S. Firnstahl, City Clerk 3. Code of Ordinances Amendment - Title 9 Alternate Side Street Parking: City Man- ager recommending approval to amend City Ordinance 9-14-321.627 Alternate Side Street Parking to include newly metered street parking within the Historic Millwork Dis- trict to facilitate street sweeping and ice/snow operations. Motion by Jones to receive and file the documents and that the requirement that a proposed ordinance be consid- ered 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. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 65-14 Amend- ing City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 14 Parking, Division 1 Generally, Section 9-14-321.627 Alternate Side Street Parking by adding Alternate Side Street Parking within the Historic Millwork District. Seconded by Connors. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 65-14 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 9 MOTOR VEHI- CLES AND TRAFFIC, CHAPTER 14 PARKING, DIVISION 1 GENERALLY, SECTION 9-14-321.627 ALTERNATE SIDE STREET PARKING BY ADDING ALTERNATE SIDE STREET PARKING WITHIN THE HISTORIC MILLWORK DISTRICT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 9-14-321.627 of the City of Dubuque Code of Ordinances is amended to read as follows: 9-14-321.627: ALTERNATE SIDE STREET PARKING: A. This section is enacted as an enforcement procedure for the protection of public safety and welfare and shall be used to facilitate street sweeping and the removal of snow and ice accumulations on certain public streets. B. There is hereby established an alternate side street parking district, unless signs are erected giving notice otherwise, comprised of streets and/or portions thereof as fol- lows: Bluff Street, both sides, from 14th Street to Dodge Street. Central Avenue, both sides, from 22nd Street to 4111 Street. Clarke Drive, north side, from the east property line of 1687 Clarke Drive to Clarke Crest Drive. Clarke Drive, south side, from West Locust Street to a point approximately one hun- dred feet (100') east of Clarke Crest Drive. Iowa Street, both sides, from 14th Street to 4111 Street. Jackson Street, both sides, from 8111 Street to 11th Street. Jones Street, both sides, from Main Street to Harrison Street. Locust Street, both sides, from 14th Street to 1st Street. Main Street, both sides, from 14th Street to Railroad Avenue. Railroad Avenue, both sides, from Main Street to Harrison Street Washington Street, both sides, from 9th Street to 11th Street. White Street, both sides, from 21st Street to 5111 Street. 1 st Street, both sides, from Bluff Street to the 1st to 2nd Street connector, also known as the alley east of Main Street. 22 2nd Street, both sides, from Bluff Street to Iowa Street. 3rd Street, both sides, from Bluff Street to Main Street. 4111 Street, both sides, from Bluff Street to Central Avenue. 5111 Street, both sides, from Bluff Street to White Street. 6111 Street, both sides, from Bluff Street to White Street. 7111 Street, both sides, from Bluff Street to White Street. 8111 Street, both sides, from Bluff Street to Washington Street. 9th Street, both sides, from Bluff Street to Pine Street. 1 0th Street, both sides, from Bluff Street to Elm Street. 11th Street, both sides, from Bluff Street to Pine Street. 12th Street, both sides, from Bluff Street to White Street. 13th Street, both sides, from Bluff Street to White Street. 16th Street, both sides, from Central Avenue to the alley entrance immediately east of Central Avenue. C. The city manager is hereby authorized to establish time restrictions within the al- ternate side street parking district and to post appropriate signs therefor. D. Upon petition to the city manager by any person for parking time restrictions within the alternate side street parking district, the city manager shall review such requests and make such changes as are deemed necessary by the city manager. E. When any vehicle parked in violation of this section constitutes a hindrance and a hazard to the prompt removal of snow and ice accumulations, the police department may cause the immediate removal of the vehicle. When conditions permit, the police department shall make a reasonable effort to contact the last registered owner of the vehicle before summarily removing the vehicle. F. The towing and storage of vehicles parking in violation of this section shall be in accordance with sections 9-15-321.770, 9-15-321.771, and 9-15-321.772 of this title. Section 2. This Ordinance takes effect upon publication. Passed, approved, and adopted the 3rd day of November, 2014. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald on the 7111 day of November, 2014. /s/Kevin S. Firnstahl, City Clerk 4. Neighbor2Neighbor Pilot (N2N): Staff provided a presentation on the Neigh- bor2Neighbor Pilot (N2N) program aimed at promoting interaction, collaboration and strong relationships among neighbors in an effort to make neighborhoods healthier, saf- er, and friendlier. Motion by Connors to receive and file the documents. Seconded by Braig. Police Chief Mark Da!sing provided a description of how the N2N program evolved from focus groups to pilot program and provided examples of how neighbors can engage with one another. Motion carried 7-0. COUNCIL MEMBER REPORTS Council Member Braig reminded everyone of Election Day, November 4, 2014. 23 CLOSED SESSION Motion by Jones to enter into closed session at 7:36 p.m. to discuss pending litigation and property acquisition pursuant to Chapter 21.5(1)(c), -(j) of the Code of Iowa. Se- conded by Braig. Motion carried 7-0. Upon motion the City Council reconvened in open session at 8:10 p.m. stating that staff had been given proper direction. There being no further business, upon motion the City Council adjourned at 8:11 p.m. /s/Kevin S. Firnstahl, CMC, City Clerk 24