Loading...
7 6 09 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 July 6, 2009 in the Historic Federal Building. Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, Voetberg, City Manager Van Milligen, City Attorney Lindahl Mayor Buol read the call and stated this is a regular session of the City Council to act upon such business that may properly come before the City Council. Pledge of Allegiance Invocation was provided by Monsignor Wayne Ressler of St. Raphael's Cathedral PROCLAMATION Dubuque County Fair Week (July 21 – 26, 2009) was accepted by Jamie Blum, 14742 Highway 20 West. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Voetberg. Connors requested (#7) Purchase of Service Agreement – Every Childe Every Promise be held for separate discussion. Motion carried 7-0. Item #31 Alcohol Compliance – Civil Penalty for Alcohol License Holders for Lot 1 was removed from the agenda. Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of 5/26; Cable TV Teleprogramming Commission of 5/5; City Council of 6/15, 6/23 and 6/30; Civil Service Commission of 6/10; Community Development Advisory Commission of 5/27; Housing Commission of 5/26 Library Board of Trustees Update from Meeting of May 28, 2009 Proofs of publication of City Council Proceedings of June 1 and 8, 2009 and List of Claims and Summary of Revenues for Month Ending May 31, 2009 Upon motion the documents were received and filed. Notice of Claims/Suits: Edward Beresford for vehicle damage; Kathy Ostrander for property damage; Hagar Ent, LLC for property damage; Katherine Ann Dietzel for vehicle damage. Upon motion the documents were received and filed and referred to the City Attorney. City Attorney advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Susan Craven for vehicle damage; Kathy Ostrander for property damage; Hagar Ent, LLC for vehicle damage. City Attorney recommending settlement of the claim of Ed Beresford for vehicle damage. Upon motion the documents were received and filed and concurred. Purchase of Service Agreement – America’s River Corporation: City Manager recommending approval of a Fiscal Year 2010 Purchase of Service Agreement with the America’s River Corporation in the amount of $10,000. Upon motion the documents were received, filed, and approved. Purchase of Service Agreement – Dubuque Area Chamber of Commerce Convention and Visitors Bureau: City Manager recommending approval of a Fiscal Year 2010 Purchase of Service Agreement with the Dubuque Area Chamber of Commerce Convention and Visitors Bureau in the amount of $783,654. Upon motion the documents were received, filed, and approved. Purchase of Service Agreement – Dubuque Area Labor Management Council: City Manager recommending approval of a Fiscal Year 2010 Purchase of Service Agreement with the Dubuque Area Labor Management Council in the amount of $30,000. Upon motion the documents were received, filed, and approved. Purchase of Service Agreement – Dubuque Main Street: City Manager recommending approval of a Fiscal Year 2010 Purchase of Service Agreement with Dubuque Main Street in the amount of $49,276 and $10,000. Upon motion the documents were received, filed, and approved. Purchase of Service Agreement – Every Child Every Promise: City Manager recommending approval of a Fiscal Year 2010 Purchase of Service Agreement with Every Child Every Promise in the amount of $25,000. Upon motion the documents were received, filed, and approved. Purchase of Service Agreement – Greater Dubuque Development Corporation: City Manager recommending approval of a Fiscal Year 2010 Purchase of Service Agreement with the Greater Dubuque Development Corporation in the amount of $95,613 for economic development services, $100,000 for Destination for Opportunity, $100,000 for Dubuque Works, $35,000 towards a partnership with Dubuque Initiatives to be used to partially assist in funding a position for Dubuque area retail expansion services, and $40,000 for marketing commercial and industrial parks owned by the City. Upon motion the documents were received, filed, and approved. Purchase of Service Agreement – Helping Services of Northeast Iowa, Inc.: City Manager recommending approval of a Fiscal Year 2010 Purchase of Service Agreement with Helping Services of Northeast Iowa, Inc., in the amount of $2,147. Upon motion the documents were received, filed, and approved. Purchase of Service Agreement – Hills and Dales Senior Programs: City Manager recommending approval of a Fiscal Year 2010 Purchase of Service Agreement with Hills and Dales in the amount of $25,000. Upon motion the documents were received, filed, and approved. Purchase of Service Agreement – Northeast Iowa Business Accelerator (NIBA) Business Plan: City Manager recommending approval of a Fiscal Year 2010 Purchase of Service Agreement with Northeast Iowa Community College in the amount of $5,000 for the Business Accelerator Business Plan. Upon motion the documents were received, filed, and approved. Purchase of Service Agreement – Project Concern Foster Grandparent Program: City Manager recommending approval of a Fiscal Year 2010 Purchase of Service Agreement with Project Concern in the amount of $6,113 for the Foster Grandparent Program. Upon motion the documents were received, filed, and approved. Purchase of Service Agreement – Project Concern Information and Referral and Child Care Referral: City Manager recommending approval of a Fiscal Year 2010 Purchase of Service Agreement with Project Concern in the amount of $25,821 to Project Concern, Inc., for the 2 Information and Referral Program, plus a payment of $9,098 for the Child Care Resource and Referral Program. Upon motion the documents were received, filed, and approved. Purchase of Service Agreement – Retired and Senior Volunteer Program: City Manager recommending approval of a Fiscal Year 2010 Purchase of Service Agreement with the Retired and Senior Volunteer Program in the amount of $7,341. Upon motion the documents were received, filed, and approved. Purchase of Service Agreement – Substance Abuse Services Center: City Manager recommending approval of a Fiscal Year 2010 Purchase of Service Agreement with the Substance Abuse Services Center in the amount of $14,013. Upon motion the documents were received, filed, and approved. Purchase of Service Agreement – Washington Tool Library: City Manager recommending approval of a Fiscal Year 2010 Purchase of Service Agreement with the Washington Tool Library in the amount of $15,500. Upon motion the documents were received, filed, and approved. Purchase of Service Agreement – Opening Doors for Emergency Housing: City Manager recommending approval of a Fiscal Year 2010 Purchase of Service Agreement with Opening Doors in the amount of $10,000 for emergency and transitional housing. Upon motion the documents were received, filed, and approved. Purchase of Service Agreement – Opening Doors (Maria House and Theresa Shelter): City Manager recommending approval of a Fiscal Year 2010 Purchase of Service Agreement with Opening Doors in the amount of $5,000 to help provide emergency and transitional housing and services for women and children at Teresa Shelter and Maria House. Upon motion the documents were received, filed, and approved. Purchase of Service Agreement – Operation: New View: City Manager recommending approval of a Fiscal Year 2010 Purchase of Service Agreement with Operation: New View in the amount of $18,805. Upon motion the documents were received, filed, and approved. Purchase of Service Agreement – St. Mark’s Community Center: City Manager recommending approval of a Fiscal Year 2010 Purchase of Service Agreement with St. Mark’s Community Center in the amount of $15,000. Upon motion the documents were received, filed, and approved. Civil Service Commission: Civil Service Commission submitting the certified lists for the positions of GIS Specialist, Parking System Technician and Engineering Technician. Upon motion the documents were received and filed and made a Matter of Record. 3 June 10, 2009 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the Code of Iowa, an examination for the position of GIS Specialist was administered. We hereby certify that the individuals listed below have passed this written examination and that vacancies for this position should be made from this list and that the list is good for two (2) years from above date. GIS SPECIALIST Jesse E. Bernhardt Bryan D. Westphal Monica M. Cotter-Brown Mary R. Duncan Derek W. Rieckmann Darrin D. Homb Ryan J. Woehl Joshua R. Hartwig Respectfully submitted, James Schilling Dan White, Civil Service Commission June 10, 2009 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the Code of Iowa, an examination for the position of Parking System Technician was given on May 6, 2009. We hereby certify that the individuals listed below have passed this written examination and that vacancies for this position should be made from this list and that the list is good for two (2) years from above date. PARKING SYSTEM TECHNICIAN Steven Connolly Larry Hoppman Michael Patzner Michael Koster David Hanson Dana Mentz Charles Wehrspann James Meisenburg Bernie Millage Richard Simon Respectfully submitted, James Schilling Dan White, Civil Service Commission June 10, 2009 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the Code of Iowa, an examination for the position of Engineering Technician was given on May 11, 2009. We hereby certify that the individuals listed below have passed this written examination and that vacancies for this position should be made from this list and that the list is good for one (1) year from above date. 4 ENGINEERING TECHNICIAN Todd Irwin Christopher Hebblewhite David Campbell Travis Pataska Rebecca Lamm Joseph Malkowsky Duane Richter Jack Aronofsky Nathan Steffen Mark Ansay Daniel Massey Sean Murphy Mark Ondrashek Eric Peterson Travis Robertson Respectfully submitted, James Schilling Dan White, Civil Service Commission 2008 Tax Appeal – Stipulation of Settlement: City Attorney submitting a Stipulation of Settlement in the 2008 tax assessment appeal of NEZTROP, LLC for a vacant lot located along Highway 20. Upon motion the documents were received and filed. 2009 Tax Appeal – Stipulation of Settlement: City Attorney correspondence regarding a proposed settlement of the 2009 tax assessment appeal of NEZTROP, LLC. Upon motion the documents were received and filed. Workers’ Compensation Excess Insurance: City Manager recommending approval of the renewal proposal from Safety National for the City’s workers’ compensation excess insurance. Upon motion the documents were received, filed, and approved. Specific and Aggregate Stop Loss Insurance Renewal: City Manager recommending approval of the renewal rates submitted by Companion Life for the City’s specific and aggregate stop loss insurance – health and prescription drug plans. Upon motion the documents were received, filed, and approved. Urban Renewal Tax Increment Revenue Notes – 40 Main, LLC: City Manager recommending approval of the issuance of $690,529 in Urban Renewal Tax Increment Revenue Notes to support a mixed use redevelopment of the building at 40 Main Street by 40 Main, LLC. Upon motion the documents were received and filed and Resolution No. 210-09 Authorizing and providing for the issuance of $690,529 Urban Renewal Tax Increment Revenue Notes, Taxable Series 2009 (40 Main LLC Project) of the City of Dubuque, Iowa, and providing for the securing of such notes for the purpose of carrying out an urban renewal project in the area of the City of Dubuque, Iowa designated as the Greater Downtown Urban Renewal District was adopted. RESOLUTION NO. 210-09 RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $691,617 URBAN RENEWAL TAX INCREMENT REVENUE NOTES, TAXABLE SERIES 2009 (40 MAIN LLC PROJECT), OF THE CITY OF DUBUQUE, IOWA, AND PROVIDING FOR THE SECURING OF SUCH NOTES FOR THE PURPOSE OF CARRYING OUT AN URBAN RENEWAL PROJECT IN THE AREA OF THE CITY OF DUBUQUE, IOWA DESIGNATED AS THE GREATER DOWNTOWN URBAN RENEWAL DISTRICT WHEREAS, the City Council of the City of Dubuque, Iowa (the "City" or the "Issuer") has heretofore adopted an Amended and Restated Urban Renewal Plan (the "Urban Renewal Plan") 5 under which plan there are to be carried out urban renewal project activities in an area designated as the Greater Downtown Urban Renewal District (the "Project Area"); and WHEREAS, it is presently estimated that the costs of carrying out the purposes and provisions of the Urban Renewal Plan for the Project Area, including the purpose set forth in Section 3 hereof, exceed $700,000, and provisions must now be made by the City to provide for the payment of such costs by the issuance of Notes; and WHEREAS, the City has heretofore adopted Ordinances under Section 403.19 of the Code of Iowa (the "Ordinance"), under which the taxes levied on the taxable property in the Project Area shall be divided, and a special fund created under the authority of Section 403.19(2) of the Code of Iowa, as amended (which special fund is hereinafter referred to as the "Greater Downtown Urban Renewal District Tax Increment Revenue Fund" or "Revenue Fund") which fund was created in order to pay the principal of and interest on loans, monies advanced to or indebtedness whether funded, refunded, assumed, or otherwise, including bonds issued under the authority of Section 403.9(1) of the Code of Iowa, as amended, incurred by the City to finance or refinance in whole or in part urban renewal project activities undertaken within the Project Area, and pursuant to which Ordinance such Revenue Fund may be irrevocably pledged by the City for the payment of principal and interest on such indebtedness; and WHEREAS, the notice of intention of Issuer to take action for the issuance of not to exceed $700,000 Urban Renewal Tax Increment Revenue Notes has heretofore been duly published and no objections to such proposed action have been filed and it is now necessary and advisable that provisions be made for the issuance of Notes to the amount of $691,617 pursuant to the provisions of Section 403.9(1) of the Code of Iowa, payable from a portion of the income and proceeds of the Revenue Fund and other funds of the City derived from or held in connection with the undertaking and carrying out of the Urban Renewal Plan for the Project Area as described herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IN THE COUNTY OF DUBUQUE, STATE OF IOWA: Section 1. Definitions. In addition to the defined terms set forth in the preambles hereof, the following terms shall have the following meanings in this Resolution unless the text expressly or by necessary implication requires otherwise: ? "Clerk" shall mean the City Clerk or such other officer of the successor Governing Body as shall be charged with substantially the same duties and responsibilities; ? "Corporate Seal" shall mean the official seal of Issuer adopted by the Governing Body; ? "Developer" shall mean 40 Main, LLC, an Iowa limited liability company; ? "Development Agreement" shall mean the Development Agreement dated as of January 15, 2009 by and between the City and the Developer, as amended from time to time; ? "Development Property" shall mean that portion of the Project Area being developed by the Developer under the terms of the Development Agreement, upon which the Developer has covenanted to construct the Minimum Improvements, being legally described as set forth in the Development Agreement; ? "Fiscal Year" shall mean the twelve-month period beginning on July l of each year and ending on the last day of June of the following year, or any other consecutive twelve-month period adopted by the Governing Body or by law as the official accounting period of the Issuer; ? "40 Main, LLC TIF Account" means a separate account to be established within the Greater Downtown Urban Renewal District Tax Increment Revenue Fund of the City, in which there shall be deposited all Tax Increments received by the City in respect of the Minimum Improvements and the Development Property; ? "Governing Body" shall mean the City Council of the City, or its successor in function with respect to the operation and control of the Project Area; 6 ? "Greater Downtown Urban Renewal District Tax Increment Revenue Fund" or "Revenue Fund" means the special fund of the City created under the authority of Section 403.19(2) of the Code of Iowa and the Ordinance, which fund was created in order to pay the principal of and interest on loans, monies advanced to, or indebtedness, whether funded, refunded, assumed or otherwise, including bonds or other obligations issued under the authority of Section 403.19 or 403.12 of the Code of Iowa, incurred by the City to finance or refinance in whole or in part projects undertaken pursuant to the Urban Renewal Plan for the Project Area; ? "Independent Auditor" shall mean an independent firm of Certified Public Accountants or the Auditor of State; ? "Issuer" and "City" shall mean the City of Dubuque, Iowa; ? "Minimum Improvements" shall mean the construction of eighteen (18) apartments for market-rate rental and 7,800 square feet of retail space by the Developer on the Development Property in accordance with the terms of the Development Agreement; ? "Notes" or "Note" shall mean the $691,617 Urban Renewal Tax Increment Revenue Note, Taxable Series 2009 (40 Main LLC Project), authorized to be issued by this Resolution; ? "Original Purchaser" shall mean Premier Bank, Dubuque, Iowa, as the purchaser of the Note from Issuer at the time of its original issuance; ? "Paying Agent" shall be the City Treasurer, 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 Note as the same shall become due; ? "Project Area" shall mean the Greater Downtown Urban Renewal District of the Issuer, as amended from time to time; ? "Project Fund" or "Construction Account" shall mean the fund required to be established by this Resolution for the deposit of the proceeds of the Note; ? "Registrar" shall be the City Treasurer of Dubuque, 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 Note. Unless otherwise specified, the Registrar shall also act as Transfer Agent for the Note; ? "Tax Increments" means the property tax revenues divided and made available to the City for deposit in the Greater Downtown Urban Renewal District Tax Increment Revenue Fund under the provisions of Section 403.19 of the Code and the Ordinance; ? "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 Note issued hereunder. Section 2. Authority. The Note authorized by this Resolution shall be issued pursuant to Section 403.9 of the Code of Iowa, and in compliance with all applicable provisions of the Constitution and laws of the State of Iowa. Section 3. Authorization, Purpose, Approval of Purchase Agreement and Disbursements. There are hereby authorized to be issued, one negotiable, serial, fully registered Urban Renewal Tax Increment Revenue Note, Taxable Series 2009 (40 Main LLC Project), of the City of Dubuque, in the County of Dubuque, State of Iowa, in the aggregate principal amount of $691,617 for the purpose of paying costs of aiding in the planning, undertaking and carrying out of urban renewal project activities under the authority of Chapter 403 of the Code of Iowa and the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District, including those costs associated with the funding of economic development grants and loans to 40 Main, LLC, an Iowa limited liability company, under the terms of a Development Agreement dated January 15, 2009 between the City of Dubuque, Iowa and 40 Main, LLC, as the same may be amended from time to time, and the funding of related reserves and payment of the costs of issuance of the Notes. 7 The Purchase Agreement between the City and the Original Purchaser (the "Purchase Agreement") is hereby approved in substantially the form presented at this meeting, and the Mayor and City Clerk are authorized to execute and deliver the same on behalf of the City with such changes as shall to them, upon the advice of the City Attorney, be necessary or appropriate. On the date of issuance of the Note, proceeds of the Note in the amount set forth in the disbursement and repayment schedule attached to the Purchase Agreement shall be drawn upon and deposited in the Project Fund and held in such fund until disbursed to the Developer in accordance with the Development Agreement and applied to costs of issuance of the Note. In addition to such amount, the amounts set forth in said disbursement and repayment schedule shall be withdrawn by the Treasurer on December 31, 2009, June 30, 2010, December 31, 2010 and June 30, 2011 (in the respective amounts set forth in the said schedule) and deposited in the Sinking Fund established in Section 16 hereof and thereafter applied to the payment of interest on the Note on said dates. Section 4. Source of Payment. As provided and required by Chapter 403 of the Code of Iowa, and Section 403.9, the Note and interest thereon shall be payable from and secured solely and only by amounts deposited and held from time to time in the 40 Main LLC TIF Account of the City. The City hereby covenants and agrees to maintain the Ordinance in force during the term of the Notes and to apply the Tax Increments collected in respect of the Development Property and the Minimum Improvements located thereon and allocated to the 40 Main LLC TIF Account to the payment of the principal of and interest on the Notes. The Notes shall not be payable in any manner from other Tax Increments collected in respect of other properties within the Project Area or by general taxation or from any other City funds. The Notes shall not constitute an indebtedness within the meaning of any statutory debt limitation or restriction and shall not be subject to the provisions of any other law relating to the authorization, issuance or sale of notes. The Notes shall recite in substance that they have been issued by the City in connection with an urban renewal project as defined in Chapter 403 of the Code of Iowa, and in any suit, action or proceeding involving the validity or enforceability of any Note issued hereunder or the security therefor, such Notes shall be conclusively deemed to have been issued for such purpose and such project shall be conclusively deemed to have been planned, located and carried out in accordance with the provisions of Chapter 403 of the Code of Iowa. Section 5. Note Details. Urban Renewal Tax Increment Revenue Notes of the City in the amount of $691,617 shall be issued pursuant to the provisions of Section 403.9 of the Code of Iowa for the aforesaid purpose. The Notes shall be designated "URBAN RENEWAL TAX INCREMENT REVENUE NOTE, TAXABLE SERIES 2009 (40 MAIN LLC PROJECT)", be dated as of the date of delivery, and bear interest from the date of disbursement of the proceeds thereof at the rate of 6.50% per annum, until payment thereof, at the office of the Paying Agent, and shall mature in the principal amounts set forth on the disbursement and repayment schedule attached to the Purchase Agreement as Exhibit A and incorporated herein by this reference. As set forth on said schedule, principal shall be payable on December 31, 2009 and semiannually thereafter on the last business day of June and December of each year in the amounts set forth therein until principal and interest are fully paid, except that the final installment of the entire balance of principal and interest, if not sooner paid, shall become due and payable on June 30, 2021. The Note shall be executed by the manual signature of the Mayor and attested by the manual signature of the City Clerk, and impressed 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 Note. The Note may be in the denomination of $1,000 or multiples thereof and shall, at the request of the Original Purchaser, be issued initially as a single Note in the principal amount of $691,617 and numbered R-1. 8 Section 6. Redemption. The principal of the Note may be called for redemption by the Issuer and paid before maturity on any date, from any funds regardless of source, in whole or from time to time in part, by giving thirty days' notice of redemption by registered or certified mail, to the registered owner of the Note. The terms of redemption shall be par, plus accrued interest to date of call. Section 7. Registration of Notes; Appointment of Registrar; Transfer; Ownership; Delivery; and Cancellation. (a) Registration. The ownership of Notes may be transferred only by the making of an entry upon the books kept for the registration and transfer of ownership of the Notes, and in no other way. The Treasurer is hereby appointed as Note Registrar under the terms of this Resolution. Registrar shall maintain the books of the Issuer for the registration of ownership of the Notes for the payment of principal of and interest on the Notes as provided in this Resolution. All Notes shall be negotiable as provided in Article 8 of the Uniform Commercial Code and Section 384.83(5) of the Code of Iowa, subject to the provisions for registration and transfer contained in the Notes and in this Resolution. (b) Transfer. The ownership of any Note may be transferred only upon the Registration Books kept for the registration and transfer of Notes 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 Note (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 Note, a new fully registered Note, of any denomination or denominations permitted by this Resolution in aggregate principal amount equal to the un-matured and unredeemed principal amount of such transferred fully registered Note, 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 Notes. In all cases of the transfer of the Notes, the Registrar shall register, at the earliest practicable time, on the Registration Books, the Notes, in accordance with the provisions of this Resolution. (d) Ownership. As to any Note, 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 Notes 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 Note, including the interest thereon, to the extent of the sum or sums so paid. (e) Cancellation. All Notes which have been redeemed shall not be reissued but shall be cancelled by the Registrar. All Notes 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 Notes to the Issuer. (f) Non-Presentment of Notes. In the event any payment check representing payment of principal of or interest on the Notes is returned to the Paying Agent or is not presented for payment of principal at the maturity or redemption date, if funds sufficient to pay such principal of or interest on Notes 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 Notes 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, 9 for the benefit of the owner of such Notes 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 Notes. The Paying Agent's obligation to hold such funds shall continue for a period equal to two years 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 Notes of whatever nature shall be made upon the Issuer. Section 8. Reissuance of Mutilated, Destroyed, Stolen or Lost Notes. In case any outstanding Note shall become mutilated or be destroyed, stolen or lost, the Issuer shall at the request of Registrar authenticate and deliver a new Note of like tenor and amount as the Note so mutilated, destroyed, stolen or lost, in exchange and substitution for such mutilated Note to Registrar, upon surrender of such mutilated Note, or in lieu of and substitution for the Note destroyed, stolen or lost, upon filing with the Registrar evidence satisfactory to the Registrar and Issuer that such Note 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 9. Record Date. Payments of principal and interest, otherwise than upon full redemption, made in respect of any Note, 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 of the month preceding the payment date. All such payments shall fully discharge the obligations of the Issuer in respect of such Notes to the extent of the payments so made. Final payment of principal shall only be made upon surrender of the Note to the Paying Agent. Section 10. Execution, Authentication and Delivery of the Notes. Upon the adoption of this Resolution, the Mayor and Clerk shall execute and deliver the Notes to the Registrar, who shall authenticate the Notes and deliver the same to or upon order of the Original Purchaser. No Note 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 Note a Certificate of Authentication substantially in the form of the Certificate herein set forth. Such Certificate upon any Note executed on behalf of the Issuer shall be conclusive evidence that the Note so authenticated has been duly issued under this Resolution and that the holder thereof is entitled to the benefits of this Resolution. Section 11. 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 Noteholder. Section 12. Form of Note. Notes shall be printed in substantial compliance with standards proposed by the American Standards Institute substantially in the form as [provided]. Principal of this Note shall be disbursed and this Note shall mature in the principal amounts set forth on the disbursement and repayment schedule attached hereto and incorporated herein by this reference. As set forth on said schedule, principal shall be payable on December 31, 2009 and semiannually thereafter on the last business day of June and December of each year in the amounts set forth therein until principal and interest are fully paid, except that the final installment of the entire balance of principal and interest, if not sooner paid, shall become due and payable on June 30, 2021. Interest and principal shall be paid to the registered holder of the Note as shown on the records of ownership maintained by the Registrar as of the 15th day of the month next preceding such interest payment date. Interest shall be computed on the basis of a 360-day year of twelve 30-day months. THE ISSUER DOES NOT INTEND OR REPRESENT THAT THE INTEREST ON THE NOTE WILL BE EXCLUDED FROM GROSS INCOME FOR FEDERAL INCOME TAX PURPOSES, AND THE ISSUER IS NOT OBLIGATED TO TAKE ANY ACTION TO ATTEMPT TO SECURE ANY SUCH EXCLUSION. THE HOLDER OF THIS NOTE THEREFORE SHOULD TREAT THE INTEREST THEREON AS BEING SUBJECT TO FEDERAL INCOME TAXATION. 10 This Note is issued pursuant to the provisions of Section 403.9 of the Code of Iowa, as amended, for the purpose of paying costs of aiding in the planning, undertaking and carrying out of urban renewal project activities under the authority of Chapter 403 of the Code of Iowa and the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District, including those costs associated with the funding of economic development grants and loans to 40 Main, LLC, an Iowa limited liability company, under the terms of a Development Agreement dated January 15, 2009 between the City of Dubuque, Iowa and 40 Main, LLC, as the same may be amended from time to time, and the funding of related reserves and payment of the costs of issuance of the Notes, in conformity to a Resolution of the Council of said City duly passed and approved (the "Resolution"). This Note is not an indebtedness within the meaning of any statutory provisions, or a general obligation of the City. This Note may be called for redemption by the Issuer and paid before maturity on any date, from any funds regardless of source, in whole or from time to time in part, by giving thirty days' notice of redemption by registered or certified mail, to the registered owner of the Note. The terms of redemption shall be par, plus accrued interest to date of call. Ownership of this Note may be transferred only by transfer upon the books kept for such purpose by the City Treasurer, the Registrar. Such transfer on the books shall occur only upon presentation and surrender of this Note at the office of the Registrar, together with an assignment duly executed by the owner hereof or his duly authorized attorney in the form as shall be satisfactory to the Registrar. Issuer reserves the right to substitute the Registrar and Paying Agent but shall, however, promptly give notice to registered Noteholders of such change. All Notes shall be negotiable as provided in Article 8 of the Uniform Commercial Code and Section 384.83(5) of the Code of Iowa, subject to the provisions for registration and transfer contained in the Note Resolution. This Note, as provided in the Resolution of which notice is hereby given and is hereby made a part hereof, is payable from and secured solely and only by a pledge of the tax increment revenues ("incremental taxes") collected in respect of certain Development Property and Minimum Improvements constructed thereon, as defined and provided in said Resolution, which are located within the Greater Downtown Urban Renewal District (the "Project Area") as referred to and authorized in subsection 2 of Section 403.19 of the Code of Iowa, as amended. There has heretofore been established and the City covenants and agrees that it will maintain in force an ordinance providing for the division of incremental taxes within the Project Area and for the establishment of a sinking fund to meet the principal of and interest on this Note as the same becomes due. This Note is not payable in any manner from incremental taxes collected in respect of other properties within the Project Area or by general taxation and under no circumstances shall the City be in any manner liable by reason of the failure of the pledged tax increment revenues to be sufficient for the payment hereof. And it is hereby represented and certified that all acts, conditions and things requisite, according to the laws and Constitution of the State of Iowa, to exist, to be had, to be done, or to be performed precedent to the lawful issue of this Note, have been existent, had, done and performed as required by law. IN TESTIMONY WHEREOF, said City by its City Council has caused this Note to be signed by the manual signature of its Mayor and attested by the manual signature of its City Clerk, with the seal of said City impressed hereon, and authenticated by the manual signature of an authorized representative of the Registrar, the City Treasurer, Dubuque, Iowa. Section 13. Equality of Lien. The timely payment of principal of and interest on the Notes shall be secured equally and ratably by the Tax Increments collected and allocated to the 40 Main LLC TIF Account without priority by reason of number or time of sale or delivery; and the Tax Increments collected and allocated to the 40 Main LLC TIF Account are hereby irrevocably pledged to the timely payment of both principal and interest as the same become due. 11 Section 14. Application of Note Proceeds. Proceeds of the Note shall be drawn upon and applied as described in Section 3 hereof. Subject to the limitations contained in Code Section 403.9(1) any amounts on hand in the Project Fund shall be available for the payment of the principal of or interest on the Note 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. Section 15. Tax Levy. After its adoption, a copy of this Resolution shall be filed in the office of the County Auditor of Dubuque County to evidence the pledging of a portion of the Greater Downtown Urban Renewal District Tax Increment Revenue Fund and the portion of taxes to be paid into the 40 Main LLC TIF Account and, pursuant to the direction of Section 403.19 of the Code of Iowa, the Auditor shall thereafter allocate the taxes in accordance therewith and in accordance with the Ordinance referred to in the preamble hereof. It is hereby certified that the annual amount of Tax Increments to be collected in respect of the Development Property and the Minimum Improvements located thereon pursuant to Section 403.19(2) of the Code of Iowa shall be not less than the annual requirement for principal and interest on the Note, as follows: Amount of Principal Fiscal Year (July 1 to June 30) and Interest Year of Collection $40,696 2009/2010 43,422 2010/2011 95,559 2011/2012 95,559 2012/2013 95,559 2013/2014 95,559 2014/2015 95,559 2015/2016 95,559 2016/2017 95,559 2017/2018 95,559 2018/2019 95,559 2019/2020 95,559 2020/2021 Section 16. Application of Revenues. From and after the delivery of the Note, and as long as the Note shall be outstanding and unpaid either as to principal or as to interest, or until the Note shall have been discharged and satisfied in the manner provided in this Resolution, the Tax Increments collected in respect of the Development Property and the Minimum Improvements located thereon shall be deposited as collected in the 40 Main LLC TIF Account and shall be disbursed only as follows: (a) Sinking Fund. There is hereby established and shall be maintained a special fund within the 40 Main LLC TIF Account from which interest and principal on the Note will be paid. The fund shall be known as the 40 Main LLC Principal and Interest Fund (the "Sinking Fund"). The amount to be deposited in the Sinking Fund in any year shall be an amount equal to the interest and principal coming due on such Note during the fiscal year. Money shall be first deposited into the Interest Account of the Sinking Fund to an amount equal to the interest falling due in each fiscal year. Money shall next be deposited into the Principal Account of the Sinking Fund to an amount equal to the principal falling due in each fiscal year. Money in the Sinking Fund shall be used solely for the purpose of paying principal of and interest on the Note, as the same shall become due and payable. (b) Surplus Revenue. All revenues thereafter remaining in the 40 Main LLC TIF Account shall be deposited to remedy any deficiency in any of the funds created by this Resolution, or 12 may be used to pay or reimburse the Issuer for other loans, moneys advanced to or indebtedness incurred to finance or refinance in whole or in part the project of the Developer, as permitted by law, or may be used to pay or redeem the Notes or for any other lawful purpose. Moneys on hand in the Project Fund and all of the funds provided by this Section may be invested only in direct obligations of the United States Government or deposited in financial institutions which are members of the Federal Deposit Insurance Corporation ("FDIC") 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 by a valid pledge of direct obligations of the United States Government having an equivalent market value. Alternatively, such moneys may be invested in tax-exempt bonds or obligations of any state or political subdivision thereof which are rated by Moody's Investors Service or Standard & Poor's Corporation at a rating classification equal to or better than the rating carried by the Notes or, in the case of short-term obligations, a rating of MIG-1, S&P-1 or better. All such interim investments shall mature before the date on which the moneys are required for the purposes for which said fund was created or otherwise as herein provided. The provisions of this Section shall not be construed to require the Issuer to maintain separate bank accounts for the funds created by this Section; except the Sinking Fund shall be maintained in a separate account but may be invested in conjunction with other funds of the City but designated as a trust fund on the books and records of the City. All income derived from such investments shall be deposited in the 40 Main LLC TIF Account and shall be regarded as revenues thereof. Such investments shall at any time necessary be liquidated and the proceeds thereof applied to the purpose for which the respective fund was created. Section 17. Covenants Regarding the Operation of the Project Area. The Issuer hereby covenants and agrees with each and every holder of the Notes: (a) Maintenance in Force. The Issuer will maintain the Urban Renewal Plan and the Ordinance in force and will cause the incremental taxes from the Development Property and Minimum Improvements to be levied annually and certified to the County Auditor in an amount not less than the principal and interest falling due within the year, and applied as provided in this Resolution, unless the Notes are paid or sufficient provision for their payment is made. Provided, however, that to the extent that amounts are on hand and are sufficient to meet the payments required to be made and to maintain a sufficient balance in each fund as required by this Resolution, the Issuer may abate the levy of incremental taxes in any year. (b) Accounting and Audits. The Issuer will cause to be kept proper books and accounts adapted to the Project Area and in accordance with generally accepted accounting practices, and will cause the books and accounts to be audited annually not later than 180 days after the end of each fiscal year by an Independent Auditor and will provide copies of the audit report to the Original Purchaser upon request. The Original Purchaser and holders of any of the Notes shall have at all reasonable times the right to inspect the Issuer's records, accounts and data of the Issuer relating to the Revenue Fund or the 40 Main LLC TIF Account. (c) State Laws. The Issuer will faithfully and punctually perform all duties with reference to the Urban Renewal Plan required by the Constitution and laws of the State of Iowa, and will segregate the revenues of the Project Area and apply said revenues to the funds as specified in this Resolution. (d) Amendments. The Issuer reserves the right to amend the Urban Renewal Plan for the Project Area and the Ordinance in its lawful discretion; provided, that in no event shall obligations resulting from an amendment or merger thereof have any priority over the Note. Section 18. Remedies of Noteholders. Except as herein expressly limited the holder or holders of the Notes shall have and possess all the rights of action and remedies afforded by the common law, 13 the Constitution and statutes of the State of Iowa, and of the United States of America, for the enforcement of payment of their Notes and interest thereon, and of the pledge of the revenues made hereunder, and of all covenants of the Issuer hereunder. Section 19. No Prior Lien or Parity Notes. The Issuer will issue no other bonds or obligations of any kind or nature payable from or enjoying a lien or claim on the property or revenues of the 40 Main LLC TIF Account having priority over the Note or standing on a parity therewith with respect to the lien and claim of such additional obligations to the revenues thereof and the money on deposit in the funds created in this Resolution, without the written consent of the Original Purchaser or other registered holder of the Note. The Issuer reserves the right to issue other obligations payable from the Tax Increments collected in respect of other properties within the Project Area, without notice to or consent of the Original Purchaser. Section 20. Discharge and Satisfaction of Notes. The covenants, liens and pledges entered into, created or imposed pursuant to this Resolution may be fully discharged and satisfied with respect to the Note in any one or more of the following ways: (a) By paying the Note when the same shall become due and payable; or (b) By depositing in trust with the Treasurer, or with a corporate trustee designated by the governing body for the payment of said obligations and irrevocably appropriated exclusively to that purpose an amount in cash or direct obligations of the United States the maturities and income of which shall be sufficient to retire at maturity, or by redemption prior to maturity on a designated date upon which said obligations may be redeemed, all of such obligations outstanding at the time, together with the interest thereon to maturity or to the designated redemption date, premiums thereon, if any that may be payable on the redemption of the same; provided that proper notice of redemption of all such obligations to be redeemed shall have been previously published or provisions shall have been made for such publication. Upon such payment or deposit of money or securities, or both, in the amount and manner provided by this Section, all liability of the Issuer with respect to the Notes shall cease, determine and be completely discharged, and the holders thereof shall be entitled only to payment out of the money or securities so deposited. Section 21. Resolution a Contract. The provisions of this Resolution shall constitute a contract between the Issuer and the holder or holders of the Note, and after the issuance of any of the Note no change, variation or alteration of any kind in the provisions of this Resolution shall be made in any manner, except as provided in the next succeeding Section, until such time as all of the Note, and interest due thereon, shall have been satisfied and discharged as provided in this Resolution. Section 22. Modification of Resolution. This Resolution may be amended from time to time if such amendment shall have been consented to by holders of not less than two-thirds in principal amount of the Notes at any time outstanding (not including in any case any Notes which may then be held or owned by or for the account of the Issuer, but including such Refunding Notes as may have been issued for the purpose of refunding any of such Notes if such Refunding Notes shall not then be owned by the Issuer); but this Resolution may not be so amended in such manner as to: (a) Make any change in the maturity or interest rate of the Notes, or modify the terms of payment of principal of or interest on the Notes or any of them or impose any conditions with respect to such payment; (b) Materially affect the rights of the holders of less than all of the Notes then outstanding; and (c) Reduce the percentage of the principal amount of Notes, the consent of the holders of which is required to effect a further amendment. Whenever the Issuer shall propose to amend this Resolution under the provisions of this Section, it shall cause notice of the proposed amendment to be filed with the Original Purchaser or to be mailed by certified mail to any other registered owner of the Note as shown by the records of the Registrar. 14 Such notice shall set forth the nature of the proposed amendment and shall state that a copy of the proposed amendatory Resolution is on file in the office of the City Clerk. Whenever at any time within one year from the date of the mailing of said notice there shall be filed with the City Clerk an instrument or instruments executed by the holders of at least two-thirds in aggregate principal amount of the Notes then outstanding as in this Section defined, which instrument or instruments shall refer to the proposed amendatory Resolution described in said notice and shall specifically consent to and approve the adoption thereof, thereupon, but not otherwise, the governing body of the Issuer may adopt such amendatory Resolution and such Resolution shall become effective and binding upon the holders of all of the Notes. Any consent given by the holder of a Note pursuant to the provisions of this Section shall be irrevocable for a period of six months from the date of the instrument evidencing such consent and shall be conclusive and binding upon all future holders of the same Note during such period. Such consent may be revoked at any time after six months from the date of such instrument by the holder who gave such consent or by a successor in title by filing notice of such revocation with the City Clerk. The fact and date of the execution of any instrument under the provisions of this Section may be proved by the certificate of any officer in any jurisdiction who by the laws thereof is authorized to take acknowledgments of deeds within such jurisdiction that the person signing such instrument acknowledged before him the execution thereof, or may be proved by an affidavit of a witness to such execution sworn to before such officer. The amount and numbers of the Notes held by any person executing such instrument and the date of his holding the same may be proved by an affidavit by such person or by a certificate executed by an officer of a bank or trust company showing that on the date therein mentioned such person had on deposit with such bank or trust company the Notes described in such certificate. Section 23. Severability. If any section, paragraph, or provision of this Resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions. Section 24. Repeal of Conflicting Ordinances or Resolutions and Effective Date. All other ordinances, resolutions and orders, or parts thereof, in conflict with the provisions of this Resolution are, to the extent of such conflict, hereby repealed; and this Resolution shall be in effect from and after its adoption. Passed and approved this 6th day of July, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Finance and Utility Billing Department Staffing: City Manager recommending approval of changes to staffing in the Finance and Utility Billing Department. Upon motion the documents were received, filed, and approved. AmeriCorps Grant: City Manager recommending approval of the grant agreement with the Iowa Commission on Volunteer Service for the City of Dubuque AmeriCorps Program. Upon motion the documents were received, filed, and approved. McEvoy Street – Plat Approval: City Manager recommending approval of the plats of Lot B and C of Bonson and Stewart’s Subdivision. Upon motion the documents were received and filed and Resolution No. 211-09 Approving plat of Lot B of Bonson and Stewart’s Subdivision and Resolution No. 212-09 Approving plat of Lot C of Bonson and Stewart’s Subdivision were adopted. 15 RESOLUTION NO. 211-09 APPROVING PLAT OF LOT B OF BONSON & STEWART’S SUBDIVISION Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated th the 20 day of May, 2009, prepared by the Iowa Department of Transportation, describing Lot B of Bonson & Stewart’s Subdivision; 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: th Section 1. That the plat dated the 20 day of May, 2009, prepared by the Iowa Department of Transportation, 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. 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. th Passed, approved and adopted this 6 day of July, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 212-09 APPROVING PLAT OF LOT C OF BONSON & STEWART’S SUBDIVISION Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated th the 20 day of May, 2009, prepared by the Iowa Department of Transportation, describing Lot C of Bonson & Stewart’s Subdivision; 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: th Section 1. That the plat dated the 20 day of May, 2009, prepared by the Iowa Department of Transportation, 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. 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. th Passed, approved and adopted this 6 day of July, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Wellness Program Consultant: City Manager recommending approval of the selection of Cottingham and Butler Healthceck360 to provide a wellness program for City of Dubuque employees. Upon motion the documents were received, filed, and approved. Alcohol Compliance – Civil Penalty for Alcohol License Holders: City Manager recommending approval of the Acknowledgement/Settlement Agreements for a first offense alcohol compliance violation for Happy’s Place, Ron’s Discount Smokes & Beverage Center, Dubuque Bowling Lanes, Road Ranger #159, Europa Haus Restaurant; and to approve the second offense alcohol compliance violation for Phillip’s 66 – Arby’s. Upon motion the documents were received, filed, and approved. Tobacco Compliance – Civil Penalty for Tobacco License Holder: City Manager recommending approval of the Acknowledgement/Settlement Agreements for first offense tobacco compliance violation for Ron’s Discount Smokes & Beverage Center, a second offense tobacco compliance 16 violation for Road Ranger #159, and a third offense tobacco compliance violation for Phillips 66 – Arby’s; and to accept and approve the Acknowledgement/Settlement Agreement for a third offense civil penalty for AWN Stop Mart #2 upon payment of the violation. Upon motion the documents were received, filed, and approved. Rush Street Reconstruction Project: City Manager recommending acceptance of the construction contract and the establishment of the Final Schedule of Assessments for the Rush Street Reconstruction Project – Bryant Street to Villa Street. Upon motion the documents were received and filed and Resolution No. 213-09 Accepting the Rush Street Reconstruction Project – Bryant Street to Villa Street and authorizing payment of the contract amount to the contractor and Resolution No. 214- 09 Adopting the final assessment schedule for the Rush Street Reconstruction Project – Bryant Street to Villa Street were adopted. RESOLUTION NO. 213-09 ACCEPTING THE RUSH STREET RECONSTRUCTION PROJECT – BRYANT STREET TO VILLA STREET AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the Rush Street Reconstruction Project - Bryant Street to Villa Street (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 Street Construction Program, Watermain Replacement Program, Street Program Related Sanitary Sewer Improvements, Rush Street (Bryant to Villa) Storm Sewer Improvements, Fiber Optic Conduit – Paving Projects appropriations for the contract amount of $1,672,977.64 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. th Passed, approved and adopted this 6 day of July, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE RUSH STREET RECONSTRUCTION PROJECT – BRYANT STREET TO VILLA STREET The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the Rush Street Reconstruction Project - Bryant Street to Villa Street, 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 $1,861,439.92. th Dated this 6 day of July, 2009. Gus Psihoyos, City Engineer st Filed in the office of the City Clerk on the 1 day of July, 2009. Jeanne F. Schneider, CMC, City Clerk 17 RESOLUTION NO. 214-09 ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR THE RUSH STREET RECONSTRUCTION PROJECT – BRYANT STREET TO VILLA STREET 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 3 inclusive, is hereby approved for the Rush Street Reconstruction Project – Bryant Street to Villa Street. There is hereby assessed and levied as a special tax against and upon each of the benefited properties, the respective sums indicated. The amounts shown in said Final Schedule of Assessments as deficiencies are found to be proper and levied conditionally against the respective properties benefited by the improvements as shown in the Final Schedule of Assessments, subject to the provisions of Iowa Code § 384.63. Said assessments against said lots are hereby declared to be in proportion to the special benefits conferred and not in excess of twenty-five percent of the value of same. The City Clerk be and is hereby directed to certify the Final Schedule of Assessments to the County Treasurer of Dubuque County, Iowa, and to publish notice of said certification once each week for two consecutive weeks in the manner provided in Iowa Code § 362.3, the first publication of which shall be not more than fifteen days from the date of filing of the Final Schedule of Assessments. On or before the date of the second publication of the notice, the City Clerk shall also mail a copy of said notice to property owners whose property is subject to assessment, as provided in Iowa Code § 384.60. The assessments may be paid in full or in part without interest at the office of the City Treasurer, th City Hall, 50 W. 13 Street, Dubuque, Iowa, at any time within 30 days after the date of the first notice of the Final Schedule of Assessments. Thereafter, unpaid assessments of $100.00 or more are payable in 10 annual installments at the County Treasurer’s Office, Dubuque County Courthouse, 720 Central Avenue, Dubuque, Iowa, and will draw annual interest at nine percent (9%) computed to December 1 next following the due dates of the respective installments as provided in Section 384.65 of the Code of Iowa. Each installment will be delinquent from October 1 following its due date on July 1 of each year. However, when the last day of September is a Saturday or Sunday, that amount shall be delinquent from the second business day of October. Delinquent installments will draw the same delinquent interest as ordinary taxes. Property owners may elect to pay any annual installments semi- annually in advance. th Passed, approved and adopted this 6 day of July, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Southwest Arterial – Designation of Acquisition Agent: City Manager recommending approval of the designation of the City Engineer as the Acquisition Agent for the Southwest Arterial right-of-way acquisitions. Upon motion the documents were received and filed and Resolution No. 214A-09 Authorizing the City Engineer to execute necessary documents on behalf of the City of Dubuque for right-of-way property acquisitions for the Southwest Arterial Project was adopted. RESOLUTION NO. 214A-09 AUTHORIZING THE CITY ENGINEER TO EXECUTE NECESSARY DOCUMENTS ON BEHALF OF THE CITY OF DUBUQUE FOR RIGHT-OF-WAY PROPERTY ACQUISITIONS FOR THE SOUTHWEST ARTERIAL PROJECT Whereas, the City of Dubuque has designated the Southwest Arterial Project (the Project) as the No. 1 surface transportation priority in the Dubuque area and has commenced the right-of-way 18 property acquisition phase on approximately forty-seven (47) impacted properties within the project corridor for the construction of the Project; and Whereas, to expedite the acquisition of right-of-way for the Project, the City Council has determined that the City Engineer should be authorized to execute all necessary documents on behalf of the City of Dubuque for right-of-way property acquisitions for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: Section 1. The City Engineer is hereby authorized to execute all necessary documents on behalf of the City of Dubuque with respect to right-of-way property acquisitions for the Southwest Arterial Project. th Passed, approved and adopted this 6 day of July, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Project HOPE Contract: City Manager recommending approval of the contract of services with the Community Foundation of Greater Dubuque to assist in achieving the Project HOPE objectives at the estimated cost of $65,000, which was included in the FY 2010 budget. Upon motion the documents were received, filed, and approved. Economic Development Administration (EDA) Contract Amendment: City Manager recommending approval of an amendment to the Financial Assistance Award from the Economic Development Administration (EDA) for the added scope of studying the potential for district energy in the Historic Millwork District. Upon motion the documents were received and filed and Resolution No. 215-09 Approving a financial assistance award from the Economic Development Administration (EDA) was adopted. RESOLUTION NO. 215-09 APPROVING A FINANCIAL ASSISTANCE AWARD FROM THE ECONOMIC DEVELOPMENT ADMINISTRATION (EDA). Whereas, the Envision 2010 process chose the Historic Millwork District as one of the top 10 community projects for the City of Dubuque, and Whereas, the Dubuque Historic Millwork District has been characterized as an important area of the community for its historical and architectural significance, and Whereas, property owners of the district and citizens of Dubuque wish to see the Millwork District revitalized, and Whereas, it is in the best interests of the City of Dubuque to encourage the revitalization of the area, and Whereas, the City has received a additional funds from the Economic Development Administration to assist in studying the feasibility of a district energy system for the area. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA, AS FOLLOWS: Section 1. The attached Amended Financial Assistance Award is hereby approved. Section 2. The Mayor is hereby allowed to sign the award on behalf of the City. th Passed, approved and adopted this 6 day of July 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk 19 Lead Hazard Reduction Grant: City Manager recommending approval of an amendment to the current Lead Hazard Reduction Program contract to increase the per-unit forgivable loan from $6,000 to $12,000. Upon motion the documents were received, filed, and approved. Fiscal Year 2010 Community Development Block Grant (CDBG) Agreement: City Manager recommending approval of the Fiscal Year 2010 Community Development Block Grant (CDBG) Agreement with the U.S. Department of Housing and Urban Development in the amount of $1,236,260. Upon motion the documents were received and filed and Resolution No. 216-09 Authorizing execution of a Community Development Block Grant Agreement with the U.S. Department of Housing and Urban Development was adopted. RESOLUTION NO. 216-09 AUTHORIZING EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT WITH THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. Whereas, under provisions of Title I of Housing and Community Development Act of 1974, as amended, the City of Dubuque prepared and submitted an Annual Action Plan for a Community Development Block Grant; and Whereas, the submission has been approved by the U.S. Department of Housing and Urban Development in the amount of $1,236,260 for a twelve month program year commencing July 1, 2009 and ending June 30, 2010; and Whereas, a grant agreement covering the activities proposed to be carried out with the Community Development Block Grant funds has been transmitted to the City of Dubuque by the U. S. Department of Housing and Urban Development. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Funding Approval/Agreement, authorized by the U.S. Department of Housing and Urban Development beginning July 1, 2009 for a Community Development Block Grant to the City of Dubuque in the amount of $1,236,260 and identified as Grant Number B-09-MC-19-0004 is hereby accepted. Section 2. That the Mayor of the City of Dubuque be and he is hereby authorized and directed to execute said Agreement on behalf of the City of Dubuque, Iowa. th Passed, approved and adopted this 6 day of July 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk City Manager Employment Agreement: Submittal of the Nineteenth Amendment to the City Manager’s Employment Agreement for approval. Upon motion the document was received, filed, and approved. Bee Branch Creek Restoration Project – Purchase of Property: City Manager recommending acceptance of the warranty deed for property purchased from Milton Schwartz at 1597 Maple Street as part of the Bee Branch Creek Restoration Project. Upon motion the documents were received and filed and Resolution No. 217-09 Approving the acquisition of real estate owned by Milton E. Schwartz in the City of Dubuque was adopted. 20 RESOLUTION NO. 217-09 APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY MILTON E. SCHWARTZ IN THE CITY OF DUBUQUE Whereas,the City of Dubuque intends to acquire certain properties located in the area of the Bee Branch Creek Restoration Project for stormwater mitigation activities as recommended in the 2001 HDR “Drainage Basin Master Plan;” and Whereas,a purchase agreement has been finalized with the owner of the property scheduled for acquisition. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque hereby approves the acquisition of the following legally described property: Lot 291 East Dubuque Addition No. 2 in the City of Dubuque, Dubuque County, Iowa, according to the recorded plat thereof, at the cost of One Hundred Twenty Two Thousand and 00/100 Dollars ($122,000.00). Section 2. That the City of Dubuque be and is hereby authorized to accept a Quit Claim deed from the owner, conveying the owner’s interest to the City of Dubuque, Iowa for the herein described real estate. Section 3. That the City Clerk be and is hereby authorized and directed to cause said Quit Claim Deed to be recorded in the office of the Dubuque County Recorder, together with certified copy of the Resolution. Section 4. That the City Clerk be and is hereby directed to forward a copy of this Resolution to the Dubuque County Assessor and the Dubuque County Auditor. th Passed, approved and adopted this 6 day of July, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Dubuque Main Street, Ltd. Program Agreement: City Manager recommending approval of a Program Agreement between Dubuque Main Street, Ltd., the City of Dubuque and the Iowa Department of Economic Development. Upon motion the documents were received and filed and Resolution No. 218-09 Resolution of Support and financial commitment for the Main Street Program in Dubuque, Iowa, was adopted. RESOLUTION NO. 218-09 RESOLUTION OF SUPPORT AND FINANCIAL COMMITMENT FOR THE MAIN STREET PROGRAM IN DUBUQUE WHEREAS, an Agreement between the Iowa Department of Economic Development, Dubuque Main Street, Ltd. and the City of Dubuque for the purpose of continuing the Main Street Iowa program in Dubuque; and WHEREAS, this Agreement is pursuant to contractual agreements between the National Trust for Historic Preservation and the Iowa Department of Economic Development to assist in the revitalization of the designated Main Street project area of Dubuque Iowa; and WHEREAS, the City Council of Dubuque endorses the goal of economic revitalization of the Downtown within the context of preservation and rehabilitation of its historic buildings and supports the continuation of the Main Street Four Point Approach as developed by the National Trust for Historic Preservation and espoused by Main Street Iowa. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, meeting in regular session on July 6, 2009, that the City of Dubuque hereby agrees to support both financially and philosophically the work of Dubuque Main Street, Ltd. and designates the Main Street Board to supervise the Program Director. 21 th Passed, approved and adopted this 6 day of July, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Enterprise Zone Appointment: City Manager recommending confirmation of the at-large appointment of Richard Stein to the City’s Enterprise Zone Commission. Upon motion the documents were received, filed, and approved. Government Finance Officers Association: City Manager advising that the City has received for the st 21 consecutive year the Government Finance Officers Association Certificate of Achievement for Excellence in Financial Reporting for the City’s Comprehensive Annual Financial Report for the fiscal year ended June 30, 2008. Upon motion the documents were received and filed. Signed Contracts: Kephart Building Improvement Project; Request for Additional Services No. 6; Property Insurance Renewal Contract; Dubuque Industrial Center West – North Siegert Farm Phase III Project Contract; and Pitney Bowes – Printing and Mailing Equipment Lease. Upon motion the documents were received and filed. Liquor License Refund: Request of Mary Hoffman for a refund of the liquor license for The White House. Upon motion the document was received, filed, and approved. Liquor License Transfers: Request of the Dubuque County Historical Society to transfer their liquor license to 501 Bell Street on August 1, 2009 for the Taste of Dubuque. Request of the Rotary Club of Dubuque to transfer their liquor license to the Alliant Energy Outdoor Amphitheater on July 25, 2009 for the Rock and Soul Reunion. Upon motion the documents were received, filed, and approved. Business Licenses: City Manager recommending approval of annual liquor license renewals as submitted. Upon motion the documents were received and filed and Resolution No. 219-09 Granting the issuance of one new license to sell cigarettes and cigarette papers within the City of Dubuque; Resolution No. 220-09 Granting the issuance of twenty-five renewal licenses to sell cigarettes and cigarette papers within the City of Dubuque; and Resolution No. 221-09 Granting the issuance of a Class “C” Beer/Liquor License to Bricktown Brewery, Denny’s Lux Club, Fischer Lanes, Paul’s Tavern, Diamond Jo Casino, Knickers Saloon, Murph’s Southend and House of China; a Class “C” Beer/Liquor License (5-Day Special Event) to Dubuque Area Labor Management; and a Class “WBN” Native Wine License to Tredway House Bed and Breakfast were adopted. RESOLUTION NO. 219-09 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the following having complied with the provisions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. 1 NEW Kwik Star # 495 Kwik Trip, Inc. 2685 Dodge Street Passed, approved and adopted this 6th day of July, 2009 Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk 22 RESOLUTION NO. 220-09 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the following having complied with the provisions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. 25 RENEWALS 16 th St Auto Truck Plaza Mulgrew Oil Company 1215 E. 16 th Street Cedar Cross Amoco LB Metcalf, Inc 1200 Cedar Cross Road Eagle Country Market Downtown Eagle Inc. 1800 Elm Street Kwik Stop Rainbo Oil Com. 2335 University Avenue Kwik Stop Rainbo Oil Com. 2150 Twin Valley Kwik Stop Rainbo Oil Com. 4039 Pennsylvania Avenue Kwik Stop Rainbo Oil Com. 2390 Central Avenue Kwik Stop Rainbo Oil Com. 2255 Kerper Blvd. Kwik Stop Rainbo Oil Com. 2320 Hwy 61 South Lucky 13 David H. Erickson 385 E. 13 th Street McCann’s Service McCann’s Service Inc 690 W. Locust Street Mystique Casino DBQ Greyhound Racing 1855 Greyhound Park Road Assoc. Oky Doky # 8 Hill Street Plaza 535 Hill Street Paro Food Mart Sahajanand Enterp. 3200 Central Avenue Phillip’s 66 Liberty Station LLC 10 S. Main Street Riviera Lounge Patrick O’Clock 116 W. 13 th Street Road Ranger # 159 Road Ranger, LLC 2175 Central Avenue Road Ranger # 160 Road Ranger, LLC 3270 Dodge Street Road Ranger # 161 Road Ranger, LLC 4110 Dodge Street Sam’s Club #4973 Wal-Mart Stores, Inc 4400 Asbury Road Tobacco Outlet Plus # 504 Kwik Trip, Inc 806 Wacker Drive Walgreens # 6154 Walgreen, Co. 2260 JFK Road Walgreens # 9708 Walgreen, Co. 55 JFK Road Wal-Mart Supercenter # 2004 Wal-Mart Store 4200 Dodge Street Walnut Tap Craig J. Weiner 709 University Avenue th Passed, approved and adopted this 6 day of July, 2009 Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 221-09 Whereas, applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the State Laws and all City Ordinances relevant thereto and they have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License. CLASS “C” BEER/LIQUOR LICENSE RB Restaurant Management Bricktown Brewery+(Sunday Sale) 299 Main Street Beverly Larsen Denny’s Lux Club+(Outdoor Sale) 3050 Asbury Road 23 Plastic Center, Inc. Fischer Lanes+(Sunday Sale) 880 Locust Street Tom Koch Paul’s Tavern+(Sunday Sale) 176 Locust Street Diamond Jo LLC Diamond Jo Casino 301 Bell Street +(Sunday/Outdoor Sale) Curtis Gerhard Knickers Saloon+(Sunday Sale) 2186 Central Avenue Pamela Murphy Murph’s Southend 55 Locust Street House of China House of China+(Sunday Sale) 170 JFK Road CLASS “C” BEER/LIQUOR LICENSE (5 DAY SPECIAL EVENT) Dubuque Area Labor Management DBQ Area Labor Management Town Clock Plaza CLASS “WBN” (NATIVE WINE) LICENSE Gerald Staheli Tredway House Bed & Breakfast 565 Fenelon Place Passed, approved and adopted this 6th day of July, 2009 Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk ITEMS TO BE 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 Braig. Motion carried 7-0. Water Revenue Capital Loan Notes: City Manager recommending that a public hearing be set for July 20, 2009 to consider the issuance of not to exceed $8,000,000 Water Revenue Capital Loan Notes. Upon motion the documents were received and filed and Resolution No. 222-09 Fixing date for a meeting on the authorization of a loan and disbursement agreement and the issuance of not to exceed $8,000,000 Water Revenue Capital Loan Notes of Dubuque, Iowa, and providing for publication of notice thereof was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on July 20, 2009 in the Historic Federal Building. RESOLUTION NO. 222-09 RESOLUTION FIXING DATE FOR A MEETING ON THE AUTHORIZATION OF A LOAN AND DISBURSEMENT AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $8,000,000 WATER REVENUE CAPITAL LOAN NOTES OF DUBUQUE, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, it is deemed necessary and advisable that the City of Dubuque, Iowa should provide for the authorization of a Loan and Disbursement Agreement and the issuance of Water Revenue Capital Loan Notes, in the amount of not to exceed $8,000,000, as authorized by Sections 384.24A and 384.83, Code of Iowa, as amended, for the purpose of providing funds to pay costs as hereinafter described; and WHEREAS, the City has applied for a loan through the Iowa Drinking Water State Revolving Fund Program pursuant to which the Iowa Finance Authority has agreed to purchase the City's Notes and has requested that such Notes be issued as a single Note in a denomination equal to the total amount of the issue as authorized by Chapter 384 of the Code of Iowa; and WHEREAS, the Loan and Disbursement Agreement and Note shall be payable solely and only out of the net earnings of the Municipal Water Utility and shall be a first lien on the future net earnings of the Utility; and shall not be general obligations of the City or payable in any manner by taxation and the City shall be in no manner liable by reason of the failure of the net revenues to be sufficient for the payment of the Loan and Disbursement Agreement and Note; and 24 WHEREAS, before a Loan and Disbursement Agreement may be authorized and Water Revenue Capital Loan Notes issued to evidence the obligation of the City thereunder, it is necessary to comply with the provisions of the Code of Iowa, as amended, and to publish a notice of the proposal and of the time and place of the meeting at which the Council proposes to take action for the authorization of the Loan and Disbursement Agreement and Notes and to receive oral and/or written objections from any resident or property owner of the City to such action. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That this Council meet in the Historic Federal Building, 350 West 6th Street, Dubuque, th Iowa, at 6:30 o'clock P.M., on the 20 day of July, 2009, for the purpose of taking action on the matter of the authorization of a Loan and Disbursement Agreement and the issuance of not to exceed $8,000,000 Water Revenue Capital Loan Notes to evidence the obligations of the City thereunder, the proceeds of which will be used to provide funds to pay the costs of acquisition, construction, reconstruction, extending, remodeling, improving, repairing and equipping all or part of the Municipal Water Utility, including those costs associated with the acquisition and installation of a fixed radio network water meter system. Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than four clear days nor more than twenty days before the date of said public meeting on the issuance of the Notes. Section 3. The notice of the proposed action shall be in substantially the [provided] form: Passed and approved this 6th day of July, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Iowa 32 Hike / Bike Trail Phase 2 Project: City Manager recommending initiation of the public bidding process for the Iowa 32 Hike / Bike Trail Phase 2 Project and that a public hearing be set for July 20, 2009. Upon motion the documents were received and filed and Resolution No. 223-09 Preliminary approval of plans, specifications, form of contract, and estimated cost for the Iowa 32 Hike / Bike Trail Phase 2 Project; Resolution No. 224-09 Setting date of public hearing on plans, specifications, form of contract, and estimated cost for the Iowa 32 Hike / Bike Trail Phase 2 Project; and Resolution No. 225-09 Ordering the advertisement for bids for the Iowa 32 Hike / Bike Trail Phase 2 Project were adopted setting a public hearing for a meeting to commence at 6:30 p.m. on July 20, 2009 in the Historic Federal Building. RESOLUTION NO. 223-09 PRELIMINARYAPPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE IOWA 32 HIKE/BIKE TRAIL, PHASE 2 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 Iowa 32 Hike/Bike Trail, Phase 2 Project, in the estimated amount of $180,942, are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 6th day of July, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk 25 RESOLUTION NO. 224-09 FIXING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE IOWA 32 HIKE/BIKE TRAIL, PHASE 2 PROJECT Whereas, the City Council of the City of Dubuque, Iowa has given its preliminary approval to the proposed plans, specifications, form of contract, and estimated cost for the Iowa 32 Hike/Bike Trail, Phase 2 Project and ordered the same to be on file in the office of the City Clerk for public inspection. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a public hearing will be held on the 20th day of July, 2009, at 6:30 p.m. in the in the Council Chambers, second floor of the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, form of contract, or estimated cost of the Project. Passed, adopted and approved this 6th day of July, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 225-09 ORDERING THE ADVERTISEMENT FOR BIDS FOR THE IOWA 32 HIKE/BIKE TRAIL, PHASE 2 PROJECT NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Iowa 32 Hike/Bike Trail, Phase 2 Project is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED that the amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the Notice to Bidders hereby approved. That the City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, by publishing the attached Notice to Bidders to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published more than twenty days but not more than forty-five days before the date for filing bids at 2:00 p.m. on the 28th day of July, 2009. Bids shall be opened and read by the City Clerk at said time and will be submitted to the City Council for final action at the City Council meeting to be held at 6:30 p.m. on the 3rd day of August, 2009, in the Council Chambers, second floor of the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa. Passed, adopted and approved this 6th day of July, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Trail Project at Bergfeld Recreation Area: City Manager recommending initiation of the public bidding process for the Trail Project at Bergfeld Recreation Area and that a public hearing be set for July 20, 2009. Upon motion the documents were received and filed and Resolution No. 226-09 Preliminary approval of plans, specifications, form of contract, and estimated cost for the Trail Project at Bergfeld Recreation Area; Resolution No. 227-09 Setting date of public hearing on plans, specifications, form of contract, and estimated cost for the Trail Project at Bergfeld Recreation Area; and Resolution No. 228-09 Ordering the advertisement for bids for the Trail Project at Bergfeld 26 Recreation Area were adopted setting a public hearing for a meeting to commence at 6:30 p.m. on July 20, 2009 in the Historic Federal Building. RESOLUTION NO. 226-09 PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE TRAIL PROJECT AT THE BERGFELD RECREATON AREA 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 Trail Project at the Bergfeld Recreation Area, in the estimated amount of $585,062, are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 6th day of July, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 227-09 FIXING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE TRAIL PROJECT AT THE BERGFELD RECREATION AREA Whereas, the City Council of the City of Dubuque, Iowa has given its preliminary approval to the proposed plans, specifications, form of contract, and estimated cost for the Trail Project at the Bergfeld Recreation Area and ordered the same to be on file in the office of the City Clerk for public inspection. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a public hearing will be held on the 20th day of July, 2009, at 6:30 p.m. in the in the Council Chambers, second floor of the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, form of contract, or estimated cost of the Project. Passed, adopted and approved this 6th day of July, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 228-09 ORDERING THE ADVERTISEMENT FOR BIDS FOR THE TRAIL PROJECT AT THE BERGFELD RECREATION AREA NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Trail Project at the Bergfeld Recreation Area is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the Notice to Bidders hereby approved. That the City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, by publishing the attached Notice to Bidders to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published more than twenty days but not more than forty-five days before the date for filing bids at 2:00 p.m. on the 23rd day of 27 July, 2009. Bids shall be opened and read by the City Clerk at said time and will be submitted to the City Council for final action at the City Council meeting to be held at 6:30 p.m. on the 3rd day of August, 2009, in the Council Chambers, second floor of the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa. Passed, adopted and approved this 6th day of July, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk E.B. Lyons Nature Center Addition Project: City Manager recommending initiation of the public bidding process for the E.B. Lyons Nature Center Addition Project and that a public hearing be set for July 20, 2009. Upon motion the documents were received and filed and Resolution No. 229-09 Preliminary approval of plans, specifications, form of contract, and estimated cost for the E.B. Lyons Nature Center Addition Project; Resolution No. 230-09 Setting date of public hearing on plans, specifications, form of contract, and estimated cost for the E.B. Lyons Nature Center Addition Project; and Resolution No. 231-09 Ordering the advertisement for bids for the E.B. Lyons Nature Center Addition Project were adopted setting a public hearing for a meeting to commence at 6:30 p.m. on July 20, 2009 in the Historic Federal Building. RESOLUTION NO. 229-09 PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE E.B. LYONS NATURE CENTER EXPANSION 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 E.B. Lyons Nature Center Expansion Project, in the estimated amount of $1,231,028, are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 6th day of July, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 230-09 FIXING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE E.B. LYONS NATURE CENTER EXPANSION PROJECT Whereas, the City Council of the City of Dubuque, Iowa has given its preliminary approval to the proposed plans, specifications, form of contract, and estimated cost for the E.B. Lyons Nature Center Expansion Project and ordered the same to be on file in the office of the City Clerk for public inspection. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a public hearing will be held on the 20th day of July, 2009, at 6:30 p.m. in the in the Council Chambers, second floor of the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, form of contract, or estimated cost of the Project. Passed, adopted and approved this 6th day of July, 2009. 28 Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 231-09 ORDERING THE ADVERTISEMENT FOR BIDS FOR THE E.B. LYONS NATURE CENTER EXPANSION PROJECT NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the E.B. Lyons Nature Center Expansion Project is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED that the amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the Notice to Bidders hereby approved. That the City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, by publishing the attached Notice to Bidders to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published more than twenty days but not more than forty-five days before the date for filing bids at 2:00 p.m. on the 6th day of August, 2009. Bids shall be opened and read by the City Clerk at said time and will be submitted to the City Council for final action at the City Council meeting to be held at 6:30 p.m. on the 17th day of August, 2009, in the Council Chambers, second floor of the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa. Passed, adopted and approved this 6th day of July, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk thth Locust Street Resurfacing – 9 to 17 Streets Project: City Manager recommending initiation of the thth public bidding process for the Locust Street Resurfacing – 9 to 17 Streets Project and that a public hearing be set for July 20, 2009. Upon motion the documents were received and filed and Resolution No. 232-09 Preliminary approval of plans, specifications, form of contract, and estimated cost; setting date of public hearing on plans, specifications, form of contract, and estimated cost; and ordering the thth advertisement for bids for the Locust Street Asphalt Resurfacing Project (9 Street To 17 Street) Iowa Dot Project No. STP-U-2100 (641)--70-31 RESOLUTION NO. 232-09 LOCUST STREET ASPHALT RESURFACING PROJECT THTH (9 STREET TO 17 STREET) IOWA DOT PROJECT NO. STP-U-2100 (641)--70-31 PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE ADVERTISEMENT FOR BIDS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The proposed plans, specifications, form of contract and estimated cost for the Locust Street thth Asphalt Resurfacing Project (9 Street to 17 Street), Iowa DOT Project No. STP-U-2100(641)--70- 31, in the estimated amount $714,600.25, are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. th A public hearing will be held on the 20 day of July, 2009, at 6:30 p.m. in the Historic Federal Building Council Chambers at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such 29 hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, form of contract, or estimated cost of the Project. thth The Locust Street Asphalt Resurfacing Project (9 Street to 17 Street), Iowa DOT Project No. STP-U-2100(641)--70-31 is hereby ordered to be advertised for bids for construction. The amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the Notice to Bidders hereby approved. The City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, by publishing the attached Notice to Bidders to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four but not more than forty-five days before the date for filing bids before 10:00 a.m. Central Time, with st opening and reading of bids by the Iowa Department of Transportation on the 21 day of July, 2009. Bids shall be opened and read by the Iowa Department of Transportation at said time and will be rd submitted to the City Council for final action on the 3 day of August, 2009, in the Historic Federal th Building Council Chambers (second floor), 350 West 6 Street, Dubuque, Iowa. th Passed, adopted and approved this 6 day of July, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk BOARDS/COMMISSIONS Applicants were invited to address the City Council regarding their desire to serve on the following Boards/Commissions. Building Code Board of Appeals: Two 3-year terms through August 1, 2012 (Terms of Carr and Luchsinger) At-large and General Contractor requirements. Applicants: Richard Luchsinger, 2875 Brueck Road (At-Large Reappointment); Chuck Carr, 1705 Kathy Drive (General Contractor reappointment) Library Board of Trustees: Three 4-year terms referenced with expiration dates contingent upon proposed ordinance which will re-stagger terms: 2 terms through July 1, 2010; and 1 term through July 1, 2013 (Terms of Guns, Kolz, and Willis). Applicants: Diann Guns, 1715 Diane Court (Seeking reappointment through July 1, 2010); Beverly Kolz, 2206 Simpson Street (Seeking reappointment through July 1, 2010); Gail Murphy, 3096 Oak View Court (First-time applicant); Lorri Regan, 2659 th Queen Street (First-time applicant); Mike Willis, 1365 W. 5 Street (Seeking reappointment through July 1, 2013). Ms. Guns, Ms. Kolz, Ms. Murphy, and Mr. Willis all spoke in support of their appointments. Appointments to the following Boards/Commissions: Historic Preservation Commission - Designation of Service Areas: Three At-Large Commissioners and One Cathedral Historic District Interim Commissioner (at-large terms of Olson and Bichell, interim term of Knight). Appointees: Christen Happ Olson, 1090 Grove Terrace; Michael Knight, 942 Mt. Pleasant Street; Mary Loney th Bichell, 595 W. 11 Street; and Peggy Stover, 1145 Locust Street. Upon roll call vote Ms. Olson, Mr. Knight, and Ms. Bichell were assigned to at-large positions and Ms. Stover was assigned to the Cathedral Historic District as Interim Commissioner. Upon motion the rules were reinstated limiting discussion to the City Council. 30 PUBLIC HEARINGS Dubuque Industrial Center – Planned Unit Development District (Tabled on April 6, 2009): City Manager requesting that this item be tabled to December 7, 2009. Proof of publication on notice of hearing to consider a request from the City of Dubuque/ Dubuque Initiatives to amend the Planned Unit Development (PUD) for the Dubuque Industrial Center, located on Chavenelle Road and the Northwest Arterial, to change the designation of property from open space to commercial and Zoning Advisory Commission recommending approval, with conditions. Motion by Connors to remove from table. Seconded by Braig. Motion carried 7-0. Motion by Braig to table the proposed ordinance amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by adopting a revised Planned Unit Development Ordinance for the Dubuque Industrial Center Phases I and II located at the southwest corner of Highway 32 (Northwest Arterial) and Chavenelle Road and by repealing Ordinance 22-07 to December 7, 2009. Seconded by Jones. Motion carried 7-0. Pennsylvania Avenue from IA 32 to Vizaleea Drive Safety Improvements Project, Phase II: Proof of publication on notice of public hearing to consider the plans, specifications, form of contract, and estimated cost for the Pennsylvania Avenue from IA 32 to Vizaleea Drive Safety Improvements Project and City Manager recommending approval. Motion by Jones to receive and file the documents and adopt Resolution No. 233-09 Approving plans, specifications, form of contract, and estimated cost for the Pennsylvania Avenue from IA 32 to Vizaleea Drive Safety Improvements Project. Seconded by Lynch. Motion carried 7-0. RESOLUTION NO. 233-09 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE PENNSYLVANIA AVENUE FROM IA 32 TO VIZALEEA DRIVE SAFETY IMPROVEMENTS PROJECT, PHASE II NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the Pennsylvania Avenue from IA 32 to Vizaleea Drive Safety Improvements Project, Phase II, in the estimated amount $364,950.73, are hereby approved. th Passed, adopted and approved this 6 day of July, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Upon motion the rules were reinstated limiting discussion to the City Council. ACTION ITEMS Greater Dubuque Development Corporation: Rick Dickinson, Executive Director of the Greater Dubuque Development Corporation, 816 River Street, Sabula, provided a verbal report and video on the activities of GDDC. Motion by Jones to receive and file. Seconded by Braig. Motion carried 7-0. Library Board of Trustees: City Manager recommending that the Library Board of Trustees terms of service be staggered to avoid five of the seven trustee positions becoming vacant at one time. Motion by Connors to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Jones. Motion carried 7-0. 31 Motion by Connors for final consideration and passage of Ordinance No. 34-09 Amending City of Dubuque Code of Ordinances Chapter 30 Library, Section 3-04 Board of Trustees-Terms of Members; Filling of Vacancies by providing for staggered terms for Board Members. Seconded by Braig. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 34-09 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES CHAPTER 30 LIBRARY, SECTION 3- 04 BOARD OF TRUSTEES-TERMS OF MEMBERS; FILLING OF VACANCIES BY PROVIDING FOR STAGGERED TERMS FOR BOARD MEMBERS Section 1. City of Dubuque Code of Ordinances § 30-4 is amended to read as follows: Sec. 30-4. Board Of Trustees-Terms Of Members; Filling Of Vacancies: For the three vacancies that occur on July 1, 2009, the appointments to fill two of the vacancies shall be for terms ending July 1, 2010 and the appointment to fill the other vacancy shall be for a term ending July 1, 2013. For the four vacancies that occur on July 1, 2011, the appointments to fill two of the vacancies shall be for terms ending July 1, 2012 and the appointments to fill the two other vacancies shall be for terms ending July 1, 2015. Thereafter, each member of the Board shall hold office for four (4) years and until such member's successor is appointed and qualified. The term of office of each member shall commence July 1 in the year in which the member is appointed. Vacancies occurring on the Board through death, resignation or permanent removal from the City shall be filled by the Mayor with the approval of the City Council, but such appointments shall be made to fill out the unexpired term for which the appointment is made. Section 2. This Ordinance shall take effect on publication. th Passed, approved and adopted the 6 day of July, 2009. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk th Published officially in the Telegraph Herald Newspaper the 10 day of July, 2009. /s/Jeanne F. Schneider, CMC, City Clerk Millwork District – Consultant Selection: City Manager recommending approval of the selection of Veenstra & Kimm/JJR as the consultant for the Millwork District Streetscape, Street and Utility Improvement Project. Motion by Connors to receive and file the documents and approve the recommendation. Seconded by Lynch. Motion carried 7-0. North Fork Catfish Creek Sanitary Sewer Project – Phase II: City Manager recommending award of the public improvement contract for the North Fork Catfish Creek Stormwater and Sanitary Sewer Improvements Project – Phase II to Portzen Construction, Inc., in the amount of $997,168. Motion by Jones to receive and file the documents and adopt Resolution No. 234-09 Awarding public improvement contract for the North Fork Catfish Creek Sanitary Sewer Project – Phase II. Seconded by Voetberg. Motion carried 7-0. RESOLUTION NO. 234-09 AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE NORTH FORK CATFISH CREEK STORMWATER AND SANITARY SEWER IMPROVEMENTS PROJECT – PHASE II Whereas, sealed proposals have been submitted by contractors for the North Fork Catfish Creek Stormwater and Sanitary Sewer Improvements Project – Phase II (the Project) pursuant to Resolution No. 185-09 and Notice to Bidders published in a newspaper published in the City of Dubuque, Iowa thrd on the 5 day of June, 2009. Whereas, said sealed proposals were opened and read on the 23 32 day of June, 2009 and it has been determined that Portzen Construction, Inc. of Dubuque, Iowa, with a bid in the amount of $997,168.00, is the lowest responsive, responsible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a Public Improvement Contract for the Project is hereby awarded to Portzen Construction, Inc. and the City Manager is hereby directed to execute a Public Improvement Contract on behalf of the City of Dubuque for the Project. th Passed, approved and adopted this 6 day of July, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Dubuque Industrial Center West – North Siegert Farm Phase III Project: City Manager recommending award of the public improvement contract for the Dubuque Industrial Center West – North Siegert Farm Phase III Project to Horsfield Construction, Inc., in the amount of $700,167.69. Motion by Lynch to receive and file the documents and adopt Resolution No. 235-09 Awarding the public improvement contract for the Dubuque Industrial Center West – North Siegert Farm Phase III Project. Seconded by Braig. Motion carried 7-0. RESOLUTION NO. 235-09 AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE DUBUQUE INDUSTRIAL CENTER WEST, NORTH SIEGERT FARM PROJECT – PHASE III, PCC PAVING & UTILITIES Whereas, sealed proposals have been submitted by contractors for the Dubuque Industrial Center West, North Siegert Farm Project – Phase III, PCC Paving & Utilities (the Project) pursuant to Resolution No. 206-09 and Notice to Bidders published in a newspaper published in the City of th Dubuque, Iowa on the 5 day of June, 2009. th Whereas, said sealed proposals were opened and read on the 18 day of June, 2009, and it has been determined that Horsfield Construction, Inc. of Epworth, Iowa, with a bid in the amount of $700,167.69, is the lowest responsive, responsible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a Public Improvement Contract for the Project is hereby awarded to Horsfield Construction, Inc. and the City Manager is hereby directed to execute a Public Improvement Contract on behalf of the City of Dubuque for the Project. th Passed, approved and adopted this 6 day of July, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk National Mississippi River Museum and Aquarium River Center Project – Phase II: City Manager recommending award of the public improvement contract for the National Mississippi River Museum and Aquarium River Center Project – Phase II. Motion by Connors to table the proposed resolution awarding public improvement contract for the National Mississippi River Museum and Aquarium River Center Project – Phase II for a special meeting to commence at 5:00 p.m. on July 9, 2009 in the Historic Federal Building. Seconded by Voetberg. Motion carried 7-0. Code of Ordinance Amendment – General Penalty Update: City Manager recommending approval of adjusting the City’s municipal penalties to match the changes to State law. 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 Voetberg. Motion carried 7-0. 33 Motion by Jones for final consideration and passage of Ordinance No. 35-09 Amending the City of Dubuque Code of Ordinances Section 1-8 General Penalty by referencing Iowa Code Section 903.1 which provides the penalty for simple misdemeanors. Seconded by Lynch. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 35-09 AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES SECTION 1-8 GENERAL PENALTY BY REFERENCING IOWA CODE SECTION 903.1 WHICH PROVIDES THE PENALTY FOR SIMPLE MISDEMEANORS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 1-8 of the City of Dubuque Code of Ordinances is amended to read as follows: Sec. 1-8. General Penalty. The doing of any act prohibited or declared to be unlawful, an offense, or a misdemeanor by this Code or any ordinance or code herein adopted by reference, or the omission or failure to perform any act or duty required by this Code or any ordinance or code herein adopted by reference is, unless another penalty is specified, punishable in accordance with Iowa Code §903.1, Subsection 1, Paragraph “a.” Section 2. This Ordinance shall take effect on publication. th Passed, approved and adopted the 6 day of July, 2009. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk th Published officially in the Telegraph Herald Newspaper the 10 day of July, 2009. /s/Jeanne F. Schneider, CMC, City Clerk Staffing: City Manager recommending approval of the creation of a twenty-five hour per week position to submit competitive grant applications for Federal Stimulus money and to coordinate reporting requirements when grants are received and reservation of $102,475 to react to other needs and funding opportunities. Motion by Jones to receive and file the documents and approve the recommendation. Seconded by Connors. Motion carried 7-0. There being no further business, upon motion the City Council adjourned at 7:15 p.m. /s/Jeanne F. Schneider, CMC City Clerk 34