9 7 10 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 September 7, 2010 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 Pastor John Sorenson of Lord of Life Lutheran Church.
Swearing In of Mayor Pro-Tem Karla Braig
PROCLAMATIONS
Day of Peace (September 21, 2010) was accepted by Sr. Dolores Uhlrich and
representatives from the Human Rights Commission, Multicultural Family Center, and the
Dubuque Dispute Resolution Center; Shriners Hospitals Day (September 25, 2010) was
accepted by Council Member Ric Jones; Voices from the Warehouse District VI: Transition
Days (September 11–October 3, 2010) was accepted by Arts and Cultural Affairs Advisory
Commission Chair Geri Shafer; and Community Wellness Day (October 3, 2010) was
accepted by Dr. Jack Hinderman, 998 Freemont Avenue.
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as
indicated. Seconded by Connors. Motion carried 7-0.
Minutes and Reports Submitted: Cable TV Teleprogramming Commission of 7/6; City
Council of 8/10, 8/16, 8/17 and 8/18; Civil Service Commission of 7/9; Community
Development Advisory Commission of 8/18; Electrical Code Board of 7/26; Historic
Preservation Commission of 8/19; Housing Commission of 7/27
Proofs of publication of City Council Proceedings of August 2, 10, 16, 17 and 18, 2010
Upon motion the documents were received and filed.
Notice of Claims/Suits: Brandon Priem for property damage; Chad Fury for vehicle damage;
Anna Eichacker for property damage; Steven and Leslie Neyens for property damage; Bruce
Haugen for property damage; Gary and Joan Miller for property damage; Tom Baldwin for
vehicle damage; Charles Piekenbrock for vehicle damage; Dan and Molly Fitzsimmons for
property damage; Christine A. Jensen for vehicle damage; Michael Wong for vehicle damage;
Stacy Treanor for vehicle damage; Schlichtmann Machine and Design for property damage;
Cindy Sanchez for property damage; Micah Mork for property and 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: Chad Fury for vehicle
damage; Anna Eichacker for property damage; Steven Neyens for property damage; Bruce
Haugen for property damage; Justin Mills for vehicle damage; James Richardson for vehicle
damage; Christine A. Jensen for vehicle damage; Michael Wong for vehicle damage; Stacy
Treanor for vehicle damage; Cindy Sanchez for property damage; Gary Schlichtmann for
property damage; Dave Grant for vehicle damage; Charles Pieckenbrock for vehicle damage;
Gary and Joan Miller for property damage; Tom Baldwin for vehicle damage. Upon motion the
documents were received and filed and concurred.
Amendment to Collective Bargaining Agreement: City Manager recommending approval of
an amendment to the Collective Bargaining Agreement between the City and the International
Union of Operating Engineers to provide for a work week that consists of ten hours per day
and four days per week for full-time Public Safety Dispatchers. Upon motion the documents
were received, filed, and approved.
City Development Board: Amended Final Order in the matter of the City of Asbury voluntary
annexation from the City Development Board. Upon motion the document was received and
filed.
Prosperity Eastern Iowa: Communication to Kelley Deutmeyer in support of Prosperity
Eastern Iowa’s IDED Economic Development Regional Initiatives grant application to continue
to enhance the Accessmyfuture.com website. Upon motion the document was received and
filed.
J.D. Communications, Inc., Lease: City Manager recommending approval of the assignment
of the J.D. Communications, Inc., lease for property in the Historic Federal Building to G.A.
Publishing, Inc. Upon motion the documents were received, filed, and approved.
Board and Commission Resignations: Joseph D. Suarez submitting his letter of resignation
from the Environmental Stewardship Advisory Commission.
Linda Frommelt submitting her resignation from the Housing Commission.
Upon motion the documents were received and filed and the resignations accepted.
State Historical Society of Iowa: Communication from the State Historical Society of Iowa
advising that Walker’s Shoe Store (756 Main Street); the Schroeder-Kline Grocer Company
Warehouse and M.M. Walker Company Warehouse (40 – 48 Main Street), Upper Main Historic
nd
District (900 - 1000 Main Street); Washington Street (2162 – 2145) and East 22 Street
Historic District will be considered by the State National Register Nominations Review
Commission on October 8, 2010. Upon motion the document was received and filed.
Confidential Security Procedures and Emergency Preparedness Information: City Manager
recommending adoption of a resolution designating security procedures and emergency
preparedness information as confidential. Upon motion the documents were received and filed
and Resolution No. 337-10 Establishing as confidential certain information concerning security
procedures and emergency preparedness information was adopted.
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RESOLUTION NO. 337-10
ESTABLISHING AS CONFIDENTIAL CERTAIN INFORMATION CONCERNING SECURITY
PROCEDURES AND EMERGENCY PREPAREDNESS INFORMATION
Whereas, the City Council of the City of Dubuque has determined that information
concerning security procedures and or emergency preparedness information developed and
maintained for the protection of governmental employees, visitors to the government body,
persons in the care, custody, or under the control of the government body could reasonably be
expected to jeopardize such employees, visitors, persons, or property.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, AS FOLLOWS:
1. The following information held by the city or any department, board, commission,
committee, official, or officer of the city or any city employee delegated the responsibility for
implementing the requirements of the Public Records Law, is hereby declared confidential
information under Iowa Code § 22.7(50):
(1) Information directly related to vulnerability assessments;
(2) Information contained in records relating to security measures such as security
and response plans, security codes and combinations, passwords, restricted area
passes, keys, and security or response procedures;
(3) Emergency response protocols; and
(4) Information contained in records that if disclosed would significantly increase the
vulnerability of critical physical systems or infrastructures of a government body to
attack.
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Passed, approved and adopted this 7 day of September, 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Mediacom: Communication from Lee Grassley, Mediacom Senior Manager – Government
Relations, notifying the City of upcoming channel changes. Upon motion the document was
received and filed.
Ride the Rail: Communication from David A. Solberg, Chair – Ride the Rail Envision 2010
Rail Passenger Group, expressing support of the proposed intermodal facility to be built in the
Port of Dubuque. Upon motion the document was received and filed.
Legislative Correspondence: Communication from Senator Charles Grassley thanking the
Mayor for the City’s correspondence related to the Energy Efficiency and Conservation Block
Grant (EECBG) Program. Upon motion the document was received and filed.
Mystique Casino – Request for Fireworks Display: Communication from Mystique Casino
requesting permission to display fireworks on Saturday, September 25, 2010. Upon motion the
document was received, filed, and approved.
U.S. Department of Housing and Urban Development: City Manager advising that the City
will respond within the 30-day time limit to three areas of improvement noted in the recent
evaluation of the City’s Homelessness Prevention and Rapid Re-Housing Program by the U.S.
Department of Housing and Urban Development. Upon motion the documents were received
and filed.
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Childhood Lead Poisoning Prevention Program (CLPPP): City Manager recommending
approval of a contract with the Dubuque County Board of Health and the Iowa Department of
Public Health (IDPH) for continued funding of the Childhood Lead Poisoning Prevention
Program (CLPPP) and a renewed agreement with the VNA for services related to the CLPPP.
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 Kwik Stop, 2255 Kerper Boulevard; Sid’s Beverage, 2727
Dodge Street; and I Luv Food, 535 Hill Street; a second offense alcohol compliance violation
for Applebee’s, 1355 Associates Drive; and a third offense alcohol compliance violation for The
Lounge, 481 Locust Street. 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 violations for Kwik Stop Food Mart, 2255 Kerper Boulevard; Sid’s
Beverage Store, 2727 Dodge Street; and Beecher’s, 1691 Asbury Road. Upon motion the
documents were received, filed, and approved.
Tri-State Trail Vision: Communication from Tony Zelinskas, President – Tri-State Trail
Vision, requesting the City’s continuing support for the development of the Middle Fork Catfish
Creek Multi-Use Recreational Trail. Upon motion the document was received and filed.
IBM Joint Development Agreement – First Amendment: City Manager recommending
approval of the first amendment to the IBM Joint Development Agreement to clarify that the
Agreement runs through the end of the year versus September 22, 2010 as was in the original
Agreement. Upon motion the documents were received, filed, and approved.
Cox Street Vacate – Release of Easement: City Manager recommending approval of the
Release of Easement for the vacated area of Cox Street and authorization for the document to
be recorded. Upon motion the documents were received, filed, and approved.
Dubuque Levee and Floodwall Certification – PAL Progress Report #3: City Manager
transmitting the Provisionally Accredited Levee (PAL) Progress Report #3 to FEMA for
certification of the Dubuque levee and floodwall system along the Mississippi River. Upon
motion the documents were received, filed, and approved.
Federal Emergency Management Agency (FEMA): Communication of Mayor Roy D. Buol to
the Federal Emergency Management Agency constituting a technical appeal of FEMA’s
preliminary DFIRM for the City of Dubuque. Upon motion the document was received and filed.
Mystique Casino: City Manager recommending approval of a request from Jesús Avilés for
approval of two separate loans with American Trust and Savings Bank and Dubuque Bank and
Trust to refinance existing debt and to fund the recent remodeling of the Mystique Casino.
Upon motion the documents were received, filed, and approved.
Commitment Letter to the Federal Highway Administration: City Manager recommending
approval of a letter of commitment for any funds above and beyond the $5.6 million TIGER
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grant needed for the Historic Millwork District Streetscape and Utilities Project. Upon motion
the documents were received, filed, and approved.
Wilmac Properties – Housing Enterprise Zone Agreement: City Manager recommending
approval of a Housing Enterprise Zone Program Agreement for Wilmac Properties related to
the redevelopment of the Voices Building, Building #24 of the former Carr, Ryder & Adams
Company building located at 1000 Jackson Street. Upon motion the documents were received
and filed and Resolution No. 338-10 Approving a Housing Enterprise Zone Program
Agreement by and among the Iowa Department of Economic Development, the City of
Dubuque and Wilmac Properties was adopted.
RESOLUTION NO. 338-10
AGREEMENT BY AND AMONG THE IOWA DEPARTMENT OF ECONOMIC
DEVELOPMENT, THE CITY OF DUBUQUE AND WILMAC PROPERTIES
Whereas, the City of Dubuque has established two Enterprise Zones and an Enterprise
Zone Commission; and
Whereas, the Enterprise Zone Commission on February 24, 2010 approved the application
of Wilmac Properties for Housing Enterprise Zone benefits; and
Whereas, Wilmac Properties’ application was approved by the Iowa Department of
Economic Development on June 25, 2010; and
Whereas, the Iowa Department of Economic Development has prepared and submitted for
City Council approval an agreement relating to Housing Enterprise Zone benefits for Wilmac
Properties, a copy of which is attached hereto and by this reference made a part hereof; and
Whereas, the City Council finds that the proposed agreement is acceptable and necessary
to the growth and development of the city.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Iowa Department of Economic Development Housing Enterprise Zone
Program Agreement, Number 10-HEZ-042, is hereby approved.
Section 2. That the Mayor is hereby authorized and directed to execute the Agreement on
behalf of the City of Dubuque and forward the executed copy to the Iowa Department of
Economic Development for their approval.
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Passed, approved and adopted this 7 day of September, 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Dubuque Regional Humane Society: Letter of support for the Dubuque Regional Humane
Society’s DRA Future Fund Grant application. Upon motion the document was received and
filed.
Iowa 32 Hike/Bike Trail – Phase 2 Project: City Manager recommending approval of the
reallocation of money from the Eagle Point Park Overlook Sidewalk CIP and utilizing savings
from the Pamela/Ramona Joint Repair Project and the Library HVAC Maintenance Project to
cover overages for the Iowa 32 Hike/Bike Trail – Phase 2 Project. Upon motion the documents
were received, filed and approved.
Residential Energy Efficiency Audit and Retrofit Reimbursements: City Manager
recommending approval of a contract with Four Mounds Foundation to administer the City’s
residential energy efficiency audit and retrofit grant program as allocated through the ARRA
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Energy Efficiency and Conservation Block Grant (EECBG). Upon motion the documents were
received, filed, and approved.
Environmental Protection Agency (EPA) Climate Showcase Communities Grant: City
Manager recommending approval of the submission of a Climate Showcase Communities
Grant application to the Environmental Protection Agency. Upon motion the documents were
received, filed, and approved.
TIGER II Grant Application: City Manager recommending approval of a TIGER II Grant
Application to the U.S. Department of Transportation in the amount of $15 million to fund the
Dubuque Intermodal Transportation Center (DITC). Upon motion the documents were
received, filed, and approved.
Airport Hangar Reconstruction Project: City Manager recommending approval for the Airport
Commission to proceed with the Airport Hangar Reconstruction Project. Upon motion the
documents were received, filed, and approved.
Water Revenue Bonds, Series 2010D: City Manager recommending approval of the final
proceedings providing for the issuance of $5,700,000 Water Revenue Bonds, Series 2010D.
Upon motion the documents were received and filed and Resolution No. 339-10 Appointing
Wells Fargo Bank, National Association of Des Moines, Iowa, to serve as Payment Agent,
Bond Registrar and Transfer Agent, approving the Paying Agent and Bond Registrar and
Transfer Agent Agreement and authorizing the execution of the Agreement; and Resolution
No. 340-10 Authorizing and providing for the issuance of $5,700,000 Water Revenue Bonds,
Series 2010D, and levying a tax to pay said bonds were adopted.
RESOLUTION NO. 339-10
RESOLUTION APPOINTING WELLS FARGO BANK, NATIONAL ASSOCIATION OF DES
MOINES, IOWA, TO SERVE AS PAYING AGENT, BOND REGISTRAR, AND TRANSFER
AGENT, APPROVING THE PAYING AGENT AND BOND REGISTRAR AND TRANSFER
AGENT AGREEMENT AND AUTHORIZING THE EXECUTION OF THE AGREEMENT
Whereas, pursuant to the provisions of Chapter 75 of the Code of Iowa, $5,700,000 Water
Revenue Bonds, Series 2010D, dated the date of delivery, have been sold at public sale and
action should now be taken to provide for the maintenance of records, registration of
certificates and payment of principal and interest in connection with the issuance of the Bonds;
and
Whereas, this Council has deemed that the services offered by Wells Fargo Bank, National
Association of Des Moines, Iowa, are necessary for compliance with rules, regulations, and
requirements governing the registration, transfer and payment of registered Bonds; and
Whereas, a Paying Agent, Bond Registrar and Transfer Agent Agreement (hereafter
"Agreement") has been prepared to be entered into between the City and Wells Fargo Bank,
National Association.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF DUBUQUE, STATE OF IOWA:
Section 1. That Wells Fargo Bank, National Association of Des Moines, Iowa, is hereby
appointed to serve as Paying Agent, Bond Registrar and Transfer Agent in connection with the
issuance of $5,700,000 Water Revenue Bonds, Series 2010D, dated the date of delivery.
Section 2. That the Agreement with Wells Fargo Bank, National Association of Des Moines,
Iowa, is hereby approved and that the Mayor and Clerk are authorized to sign the Agreement
on behalf of the City.
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Passed and approved this 7 day of September, 2010.
Roy D. Buol, Mayor
RESOLUTION NO. 340-10
RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE AND SECURING
THE PAYMENT OF $5,700,000 WATER REVENUE BONDS, SERIES 2010D, BY THE CITY
OF DUBUQUE, IOWA, UNDER THE PROVISIONS OF CHAPTER 384 OF THE CODE OF
IOWA, AND PROVIDING FOR A METHOD OF PAYMENT THEREOF
Whereas, the City Council of the City of Dubuque, Iowa (the "City"), has heretofore
established charges, rates and rentals for services which are and will continue to be collected
as system revenues of the Municipal Water Utility System, and said revenues have not been
pledged and are available for the payment of water revenue bonds or notes, subject to the
following premises; and
Whereas, by Resolution No. 379-08 passed and approved on October 20, 2008 (the
"Master Resolution"), the City Council heretofore has authorized the issuance of $1,195,000
Water Revenue Bonds, Series 2008D, for the purpose of financing the construction of the
Series 2008D Project described therein, and to pay related costs of issuance; and
Whereas, notice of the intention of the City Council to take action for the issuance of not to
exceed $5,700,000 Water Revenue Bonds has heretofore been duly published and no
objections to such proposed action have been filed; and
Whereas, Section 8.3 of the Master Resolution authorizes the issuance of additional Senior
Bonds by the City from time to time, if all of the conditions set forth therein are satisfied; and
Whereas, the Council has determined to issue additional Senior Bonds, and has determined
that, upon passage of this Series Resolution and receipt of the reports described in Section 8.3
of the Master Resolution, all of the requirements of Article VIII of the Master Resolution with
respect to the issuance of additional Senior Bonds will have been satisfied.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IN THE COUNTY OF DUBUQUE, STATE OF IOWA:
ARTICLE I
DEFINITIONS
Section 1.1. Definitions
. Except as otherwise provided below in this Article I, all words and
terms defined in Article I of the Master Resolution shall have the same meanings in this Series
Resolution as such defined words and terms are given in Article I of the Master Resolution. In
addition, the following terms shall have the following meanings in this Series Resolution unless
the text expressly or by necessary implication requires otherwise:
"Master Resolution"
means the City Council Resolution No. 379-08, passed and approved
on October 20, 2008, entitled "Master Resolution relating to the issuance of Water Revenue
Bonds by the City of Dubuque, Iowa under the provisions of Chapter 384 of the Code of Iowa,
authorizing and providing for the issuance and securing the payment of $1,195,000 Water
Revenue Bonds, Series 2008D, providing for a method of payment thereof, funding a Debt
Service Reserve Fund, and related matters," as the same may be amended from time to time.
"Original Purchaser"
means Robert W. Baird & Co., Inc. of Milwaukee, Wisconsin, as the
purchaser of the Series 2010D Bonds from the City at the time of their original issuance.
"Series 2010D Bonds"
means the $5,700,000 Water Revenue Bonds, Series 2010D,
dated the date of delivery, authorized to be issued pursuant to this Series Resolution.
"Series 2010D Costs of Issuance Account"
means the account by that name within the
Project Fund established in Section 5.1 of the Master Resolution.
"Series 2010D Projects"
shall mean the Projects being financed with the proceeds of the
Series 2010D Bonds, consisting of costs of constructing and equipping improvements and
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extensions to the Municipal Water System, as described more particularly in the plans and
specifications on file from time to time with the City Clerk.
"Series 2010D Projects Account"
means the account by that name within the Project
Fund established in Section 5.1 of the Master Resolution.
"Series 2010D Rebate Account"
means the account by that name within the Rebate Fund
established in Section 6.10 of the Master Resolution.
"Series Resolution"
means this Resolution of the Council.
"Tax Exemption Certificate"
means the Tax Exemption Certificate executed by the
Treasurer and delivered at the time of issuance and delivery of the Series 2010D Bonds.
ARTICLE II
THE SERIES 2010D BONDS
Section 2.1. Authority
. The Series 2010D Bonds authorized by this Series Resolution shall
be issued pursuant to Section 384.82 of the City Code of Iowa, and in compliance with the
Master Resolution and all applicable provisions of the Constitution and laws of the State of
Iowa.
Section 2.2. Status as Series Resolution and Senior Bonds
. This Series Resolution shall
constitute and be treated as a Series Resolution within the meaning of the Master Resolution.
The terms of the Master Resolution are hereby ratified, confirmed and approved and all of the
provisions thereof are hereby made applicable to the Series 2010D Bonds as if fully set forth
herein, except as the same may otherwise be modified in this Series Resolution. The Series
2010D Bonds shall constitute and be treated for all purposes as Senior Bonds under the
Master Resolution.
Section 2.3. Series 2010D Bonds - Authorization and Purpose
. Pursuant to the
provisions of the Master Resolution and in particular Section 8.3 thereof, there are hereby
authorized to be issued, negotiable, serial, fully registered Water Revenue Bonds, Series
2010D, in the aggregate principal amount of $5,700,000, dated the date of delivery, for the
purpose of constructing the Series 2010D Projects and paying Project Costs relating thereto,
and to pay related Costs of Issuance.
Section 2.4. Bond Details
. The Series 2010D Bonds shall be issued as Senior Bonds
under the terms of the Master Resolution, shall be designated "CITY OF DUBUQUE, IOWA,
WATER REVENUE BONDS, SERIES 2010D", and bear interest from the date thereof, until
payment thereof, at the office of the Paying Agent, said interest payable on June 1, 2011 and
semiannually thereafter on the 1st day of June and December in each year until maturity at the
rates hereinafter provided. The Council, pursuant to Section 384.82 of the Code of Iowa,
hereby finds and determines that it is necessary and advisable to issue said Series 2010D
Bonds authorized by this Series Resolution.
The Series 2010D Bonds and the Registrar's Certificate of Authentication shall be in
substantially the form set forth in Exhibit A attached hereto, with such variations, omissions,
substitutions and insertions as are required or permitted by this Series Resolution.
The Series 2010D Bonds shall be executed by the manual or facsimile signature of the
Mayor and attested by the manual or facsimile signature of the City Clerk, and impressed or
printed with the seal of the City, and shall be fully registered as to both principal and interest as
provided in this Series Resolution; principal, interest and premium, if any shall be payable at
the office of the Paying Agent by mailing of a check, wire transfer or automated clearing house
system transfer to the registered owner of the Series 2010D Bond. The Series 2010D Bonds
shall be dated the date of delivery, and shall mature and bear interest as follows:
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Principal Interest Maturity
Amount Rate June 1st
$185,000 2.000% 2012
$185,000 2.000% 2013
$195,000 2.000% 2014
$195,000 2.000% 2015
$205,000 2.500% 2016
$210,000 2.500% 2017
$215,000 3.000% 2018
$225,000 3.000% 2019
$235,000 3.000% 2020
$240,000 3.000% 2021
$250,000 3.250% 2022
$260,000 3.500% 2023
$390,000 3.500% 2024
$405,000 3.500% 2025
$420,000 4.000% 2026
$440,000 4.000% 2027
$460,000 4.000% 2028
$480,000 4.000% 2029
$505,000 4.000% 2030
Section 2.5. Issuance of Series 2010D Bonds in Book-Entry Form
. The Series 2010D
Bonds shall be issued as Depository Bonds and be issued in denominations of the entire
principal amount of each maturity of the Series 2010D Bonds, and shall be registered in the
name of Cede & Co., as nominee of DTC.
Section 2.6. Appointment of Registrar
. Wells Fargo Bank, National Association is hereby
appointed as Registrar for the Series 2010D Bonds under the terms of this Series Resolution.
Section 2.7. Execution, Authentication and Delivery of the Series 2010D Bonds
. Upon
the adoption of this Resolution, the Mayor and City Clerk shall execute and deliver the Series
2010D Bonds to the Registrar, who shall authenticate the same and deliver the same to or
upon order of the Original Purchaser. No such Series 2010D Bond shall be valid or obligatory
for any purpose or shall be entitled to any right or benefit hereunder unless the Registrar shall
duly endorse and execute on such Series 2010D Bond a Certificate of Authentication
substantially in the form of the Certificate herein set forth. Such Certificate upon any such
Series 2010D Bond executed on behalf of the Issuer shall be conclusive evidence that the
Series 2010D Bond so authenticated has been duly issued under this Series Resolution and
that the holder thereof is entitled to the benefits of this Series Resolution.
ARTICLE III
REDEMPTION OF BONDS
Section 3.1. Optional Redemption
. The Series 2010D Bonds maturing after June 1, 2017
may be called for redemption by the Issuer and paid before maturity on such date or any date
thereafter, from any funds regardless of source, in whole or from time to time in part, in any
order of maturity and within an annual maturity by lot. The terms of redemption shall be par,
plus accrued interest to date of call. Notice of redemption shall be given as provided in the
Master Resolution.
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ARTICLE IV
DELIVERY AND APPLICATION OF PROCEEDS
Section 4.1. Application of Series 2010D Bond Proceeds
. The Series 2010D Bonds shall
be delivered as provided in Section 6.1 and the proceeds thereof shall be applied as follows:
(i) - $109,013 or an amount sufficient to pay the Costs of Issuance of the Series 2010D
Bonds shall be deposited into the Series 2010D Costs of Issuance Account.
(ii) - $525,200 or an amount sufficient to satisfy the Debt Service Reserve Requirement
applicable to all Outstanding Senior Bonds, including the Series 2010D Bonds, shall be
deposited into the Debt Service Reserve Fund.
(iii) - $132,135 shall be deposited into the Sinking Fund as capitalized interest and used
to pay interest on the Series 2010D Bonds on June 1, 2011.
(iv) - The balance of proceeds shall be deposited into the Series 2010D Projects Account
of the Project Fund and applied thereafter to pay Project Costs of the Series 2010D
Projects.
Section 4.2. Adjustment to Debt Service Reserve Requirement.
The Series 2010D
Bonds shall be issued as Senior Bonds under the Master Resolution, and shall be secured by
and payable from amounts held in the Debt Service Reserve Fund established in the Master
Resolution. Upon issuance of the Series 2010D Bonds, the amount to be accumulated and
maintained in the Debt Service Reserve Fund shall be increased, and shall continue to remain
equal to 100% of the Debt Service Reserve Requirement computed on a basis which includes
all Senior Bonds which will be Outstanding immediately after issuance of the Series 2010D
Bonds and which are not Senior SRF Bonds.
ARTICLE V
TAX PROVISIONS
Section 5.1. Disposition of Bond Proceeds; Arbitrage Not Permitted
. The City
reasonably expects and covenants that no use will be made of the proceeds from the issuance
and sale of the Series 2010D Bonds issued hereunder which will cause any of the Series
2010D Bonds to be classified as arbitrage bonds within the meaning of Section 148(a) and (b)
of the Code, and that throughout the term of said Series 2010D Bonds it will comply with the
requirements of said statute and regulations issued thereunder.
To the best knowledge and belief of the City, there are no facts or circumstances that would
materially change the foregoing statements or the conclusion that it is not expected that the
proceeds of the Series 2010D Bonds will be used in a manner that would cause such Bonds to
be arbitrage bonds. Without limiting the generality of the foregoing, the City hereby agrees to
comply with the provisions of the Tax Exemption Certificate and the provisions of the Tax
Exemption Certificate are hereby incorporated by reference as part of this Series Resolution.
The Treasurer is hereby directed to make and insert all calculations and determinations
necessary to complete the Tax Exemption Certificate in all respects and to execute and deliver
the Tax Exemption Certificate at issuance of the Series 2010D Bonds to certify as to the
reasonable expectations and covenants of the City at that date.
The City covenants that it will treat as yield restricted any proceeds of the Series 2010D
Bonds remaining unexpended after three years from the issuance and any other funds
required by the Tax Exemption Certificate to be so treated. If any investments are held with
respect to the Series 2010D Bonds, the City shall treat the same for the purpose of restricted
yield as held in proportion to the original principal amounts of each issue.
The City covenants that it will exceed any investment yield restriction provided in this Series
Resolution only in the event that it shall first obtain an opinion of bond counsel that the
proposed investment action will not cause the Series 2010D Bonds to be classified as
arbitrage bonds under Section 148(a) and (b) of the Code.
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The City covenants that it will proceed with due diligence to spend the proceeds of the
Series 2010D Bonds for the purpose set forth in this Series Resolution. The City further
covenants that it will make no change in the use of the proceeds available for the construction
of facilities or change in the use of any portion of the facilities constructed therefrom by
persons other than the City or the general public unless it has obtained an opinion of bond
counsel or a revenue ruling that the proposed project or use will not be of such character as to
cause interest on any of the Series 2010D Bonds not to be exempt from federal income taxes
in the hands of holders under the provisions of the Code.
Section 5.2. Additional Covenants, Representations and Warranties of the City
. The
City certifies and covenants with the purchasers and holders of the Series 2010D Bonds from
time to time outstanding that the City through its officers, (a) will make such further specific
covenants, representations and assurances as may be necessary or advisable; (b) comply
with all representations, covenants and assurances contained in the Tax Exemption
Certificate, which Tax Exemption Certificate shall constitute a part of the contract between the
City and the owners of the Series 2010D Bonds; (c) consult with bond counsel (as defined in
the Tax Exemption Certificate); (d) pay to the United States, as necessary, such sums of
money representing required rebates of excess arbitrage profits relating to the Series 2010D
Bonds; (e) file such forms, statements and supporting documents as may be required and in a
timely manner; and (f) if deemed necessary or advisable by its officers, to employ and pay
fiscal agents, financial advisors, attorneys and other persons to assist the City in such
compliance.
ARTICLE VI
MISCELLANEOUS PROVISIONS
Section 6.1. Delivery of Series 2010D Bonds
. The City shall deliver the executed Series
2010D Bonds to the Original Purchaser on the date of closing described in the final Official
Statement for the Series 2010D Bonds.
Section 6.2. General Authorization.
From and after the date of adoption of this Series
Resolution, the officers, employees and agents of the City are hereby authorized to do all such
acts and things and to execute and deliver any and all other documents, agreements,
certificates and instruments relating to the Series 2010D Bonds, the investment of the
proceeds thereof and the other transactions contemplated on the part of the City by this Series
Resolution, including, but not limited to, the Tax Exemption Certificate referred to in Section
5.1 hereof.
Section 6.3. Construction
. Except to the extent set forth herein, all of the applicable terms,
conditions and provisions of the Master Resolution shall be deemed and construed to apply to
the Series 2010D Bonds and are hereby incorporated by reference and made a part hereof to
the same extent as if fully set forth herein. Except as may otherwise be provided herein, the
Master Resolution shall remain in full force and effect.
Section 6.4. Severability
. If any section, paragraph, or provision of this Series 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 6.5. 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
Series Resolution are, to the extent of such conflict, hereby repealed; and this Series
Resolution shall be in effect from and after its adoption.
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Passed and approved this 7 day of September, 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
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Fiscal Year 2010 City Street Financing Report: City Manager recommending approval of the
City of Dubuque’s Fiscal Year 2010 Street Financing Report for submittal to the Iowa
Department of Transportation. Upon motion the documents were received and filed and
Resolution No. 341-10 Approving the City of Dubuque Fiscal Year 2010 Street Finance Report
was adopted.
RESOLUTION NO. 341-10
APPROVING THE CITY OF DUBUQUE FISCAL YEAR 2010 CITY STREET FINANCING
REPORT
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Street Finance Report for the period of July 1, 2009, to June 30,
2010, is hereby approved and that the City Clerk is hereby authorized and directed to file said
report with the Iowa Department of Transportation.
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Passed, approved and adopted this 7 day of September, 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
2009 Water Fluoridation Quality Award: Communication from the Iowa Department of Public
Health advising that the Centers for Disease Control and Prevention (CDC) has awarded the
City of Dubuque with a 2009 Water Fluoridation Quality Award. Upon motion the document
was received and filed.
Iowa 32 Trail – Mississippi River Trail (MRT) Side Trip: City Manager recommending
approval of the request to ask DMATS and the IDOT to designate the Iowa 32 Bike/Hike Trail
as an official side trip for the Mississippi River Trail (MRT), and to allocate excess MRT
Earmark funding of $279,000 for extension of the Iowa 32 Trail from Plaza Drive to
Pennsylvania Avenue. Upon motion the documents were received, filed, and approved.
Section 8 Housing Vouchers: Communication from David Kapler, Chairperson – Housing
Commission, regarding the reduction of Section 8 housing vouchers and City Manager’s
response. Upon motion the documents were received and filed.
AmeriCorps Partners in Learning Grant Award: City Manager recommending approval of a
grant agreement with the Iowa Commission on Volunteer Service for the City’s AmeriCorps
program. Upon motion the documents were received, filed, and approved.
PEG Capital Grant Expenditure Request: City Manager recommending approval of the
Cable TV Tele-Programming Commission recommendation for funding from the Public,
Educational, and Government (PEG) Capital Grant for Access Equipment and Facilities in the
amount of $6,000 for the City of Dubuque to add a digital single lens reflex capability to its
motion-controlled time lapse system. Upon motion the documents were received, filed, and
approved.
Hwy 151 & 61 – Correction Deed: City Attorney recommending approval of the Correction
Warranty Deed for property acquired from Hwy 151 & 61 Development, LLC, for the Bee
Branch Creek project. Upon motion the documents were received and filed and Resolution No.
342-10 Accepting a Correction Deed from Hwy 151 & 61 Development, LLC, to Lot 1 of
Riverview Plaza, being a subdivision of Riverview Plaza, in the City of Dubuque, Iowa,
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according to the recorded plat thereof; and Lot 316, Lot 355 and Lot 2-354 of East Dubuque
No. 2 in the City of Dubuque, Iowa, was adopted.
RESOLUTION NO. 342-10
ACCEPTING A CORRECTION DEED FROM HWY 151 & 61 DEVELOPMENT, LLC, TO LOT
1 OF RIVERVIEW PLAZA, BEING A SUBDIVISION OF RIVERVIEW PLAZA, IN THE CITY
OF DUBUQUE, IOWA, ACCORDING TO THE RECORDED PLAT THEREOF; AND LOT 316,
LOT 355 AND LOT 2-354 OF EAST DUBUQUE NO. 2 IN THE CITY OF DUBUQUE, IOWA
Whereas, Resolution No. 285-10, recorded as Instrument No. 2010-00011132, approved
the acceptance of a Warranty Deed to certain property from Hwy 151 & 61 Development, LLC;
and
Whereas, there was an error in the legal description in the Warranty Deed, the correct legal
description being as follows: Lot 1 of Riverview Plaza, being a subdivision of Riverview Plaza,
in the City of Dubuque, Iowa, according to the recorded plat thereof; and Lot 316, Lot 355 and
Lot 2-354 of East Dubuque No. 2 in the City of Dubuque, Iowa.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, AS FOLLOWS:
1. The City Council accepts the Correction Warranty Deed attached hereto.
2. The City Clerk is hereby authorized and directed to record a copy of this Resolution and
the Correction Warranty Deed with the Dubuque County Recorder.
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Passed, approved and adopted this 7 day of September, 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Signed Contracts / Agreements: Desman Associates – Re-Bid Fees; Morton International,
Inc. – Salt Storage and Handling Agreements; First Amendment to Public Improvement
Contract – J.P. Cullen & Sons, Inc.; Release of Federal Building Funding for FSS Staff Office;
and Agreement for Monitoring Underground Storage Tanks at Rockdale/Grandview site. Upon
motion the documents were received and filed.
Liquor License Transfer: Request to transfer the five-day Camp Albrecht Acres Special
Class “C” Beer Permit to Five Flags Center on September 18, 2010 for the Octoberfest event.
Upon motion the document was received, filed, and approved.
Liquor License Applications: City Manager recommending approval of annual liquor license
renewals as submitted. Upon motion the documents were received and filed and Resolution
No. 343-10 Granting the issuance of a Class “C” Beer Permit to Family Mart, Phillips 66/Arby’s,
Kwik Stop Food Mart, Eagle Country Market, and Wal-Mart Supercenter #2004; and
Resolution No. 344-10 Granting the issuance of a Class “C” Beer/Liquor License to National
River Museum, Carlos O’Kelly’s Mexican Café, Los Aztecas Mexican Restaurant, Lucky 13
Tap, Vinny Vanucchis Little Italy and Dubuque Community Ice Center; a Class “C” Beer/Liquor
License (5-Day Special Event) to Diamond Jo Casino; a Class “B” Wine Permit to Eagle
Country Market, Wal-Mart Supercenter #2004, and Family Mart; and a Class ”WBN” Native
Wine Permit to Kwik Stop Food Mart were adopted.
RESOLUTION NO. 343-10
Whereas, applications for Beer Permits have been submitted and filed to this Council for
approval and the same have been examined and approved; and
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Whereas, the premises to be occupied by such applicants were inspected and found to
comply with the Ordinances of the City and have filed proper bonds.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause to be issued the following named applicants a
Beer Permit.
CLASS “C” BEER PERMIT
Family Mart, Inc. Family Mart +(Sunday Sale) 3201 Central Ave.
Liberty Station, LLC Phillips 66/Arby’s +(Sunday Sale) 10 S. Main Street
Rainbo Oil Company Kwik Stop Food Mart +(Sunday Sale) 2360 Central Ave.
Downtown Eagle, Inc. Eagle Country Market +(Sunday Sale) 1800 Elm Street
Wal-Mart Stores, Inc. Wal-Mart Supercenter #2004+(Sunday Sale) 4200 Dodge Street
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Passed, approved and adopted this 7 day of September, 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 344-10
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
DBQ Co. Historical Society National River Museum 350 E. 3 rd St.
+(Sunday/Outdoor Sale)
Carlos O’Kelly’s, Inc. Carlos O’Kelly’s Mexican Café 1355 Associates Dr.
+(Sunday Sale)
Famolo of Iowa, Inc. Los Aztecas Mexican Restaurant 2700 Dodge St.
+(Sunday Sale)
David Erickson Lucky 13 Tap +(Sunday Sale) 385 E. 13 th St.
Grayson Enterprises Vinny Vanucchis Little Italy 180 Main St.
+(Sunday/Outdoor Sale)
DBQ Community Ice Center DBQ Community Ice Center 1800 Admiral Sheehey Dr.
+(Sunday Sale)
CLASS “C” BEER/LIQUOR LICENSE (5-DAY SPECIAL EVENT)
Diamond Jo Casino Diamond Jo Casino (Parking Lot) 301 Bell St.
CLASS “B” WINE
Downtown Eagle, Inc. Eagle Country Market 1800 Elm St.
Wal-Mart Stores, Inc. Wal-Mart Supercenter #2004 4200 Dodge St.
Family Mart, Inc. Family Mart 3201 Central Ave.
CLASS “WBN” NATIVE WINE
Rainbo Oil Company Kwik Stop Food Mart 2360 Central Ave.
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Passed, approved and adopted this 7 day of September, 2010
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
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ITEMS TO BE SET FOR PUBLIC HEARING
Motion by Connors 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 Resnick. Motion carried 7-0.
Petition to Vacate a Portion of Van Buren Street at Isborn Avenue: City Manager
recommending that a public hearing be set for September 20, 2010 to consider vacating and
disposing of a portion of Van Buren Street right-of-way to David and Bambi Roth. Upon motion
the documents were received and filed and Resolution No. 345-10 Resolution of intent to
vacate and dispose of City interest in Lot 97A of Lenox Addition in the City of Dubuque,
Dubuque County, Iowa, was adopted setting a public hearing for a meeting to commence at
6:30 p.m. on September 20, 2010 in the Historic Federal Building.
RESOLUTION NO. 345-10
RESOLUTION OF INTENT TO VACATE AND DISPOSE OF CITY INTEREST IN LOT 97A
OF LENOX ADDITION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA
Whereas, David H. Roth and Bambi L. Roth have requested the vacating and disposal of a
portion of Van Buren Street east of Isborn Avenue; and
Whereas, Buesing & Associates has prepared and submitted to the City Council a plat
showing the vacated portion of Van Buren Street east of Isborn Avenue and assigned lot
number thereto, which hereinafter shall be known and described as Lot 97A of Lenox Addition
in the City of Dubuque, Dubuque County, Iowa, should be approved.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque intends to vacate and dispose of its interest in Lot 97A
of Lenox Addition in the City of Dubuque, Dubuque County, Iowa.
Section 2. That the conveyance of Lot 97A of Lenox Addition in the City of Dubuque,
Dubuque County, Iowa, to David H. Roth and Bambi L. Roth be contingent upon the payment
of $300.00 plus platting, publication, and filing fees.
Section 3. That the City Clerk be and is hereby authorized and directed to cause a notice of
intent to vacate and dispose of said real estate to be published in the manner as prescribed by
law.
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Passed, approved and adopted this 7 day of September, 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Bunker Hill Irrigation Renovation Project: City Manager recommending initiation of the public
bidding process for the Bunker Hill Irrigation Renovation Project and that a public hearing be
set for September 20, 2010 to consider approval of the plans and specifications, form of
contract and estimated cost. Upon motion the documents were received and filed and
Resolution No. 346-10 Preliminary approval of plans, specifications, form of contract, and
estimated cost, setting date of public hearing and ordering bids for the Bunker Hill Irrigation
Renovation Project was adopted setting a public hearing for a meeting to commence at 6:30
p.m. on September 20, 2010 in the Historic Federal Building.
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RESOLUTION NO. 346-10
BUNKER HILL GOLF COURSE IRRIGATION RENOVATION PROJECT
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 Bunker Hill
Golf Course Irrigation Renovation Project, in the estimated amount $180,000, are hereby
preliminarily approved and ordered filed in the office of the City Clerk for public inspection.
A public hearing will be held on the 20th day of September, 2010, 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 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.
The Bunker Hill Golf Course Irrigation Renovation Project 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
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before 2:00 p.m. on the 14 day of September, 2010. 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 6:30 p.m. on
the 20th day of September, 2010, in the Historic Federal Building Council Chambers (second
floor), 350 West 6th Street, Dubuque, Iowa.
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Passed, adopted and approved this 7 day of September, 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Fiscal Year 2011 Budget – Second Amendment: City Manager recommending that a public
hearing be set for September 20, 2010 to consider the second amendment to the Fiscal Year
2011 Budget. Upon motion the documents were received and filed and Resolution No. 347-10
Setting a public hearing on the Fiscal Year 2011 Budget was adopted setting a public hearing
for a meeting to commence at 6:30 p.m. on September 20, 2010 in the Historic Federal
Building.
RESOLUTION NO. 347-10
SETTING THE DATE FOR THE PUBLIC HEARING ON AMENDMENT NO. 2 TO THE
FISCAL YEAR 2011 BUDGET FOR THE CITY OF DUBUQUE
Whereas, Iowa Code Section 384.16 provides that the City Council shall set a time and
place for a public hearing on amendments to the budget and publish notice before the hearing
as provided in Iowa Code Section 362.3.
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NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Council shall conduct a public hearing on proposed Amendment
No. 2 to the Fiscal Year 2011 budget for the City of Dubuque at the City Council Chambers at
the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, on Monday, September 20,
2010, beginning at 6:30 p.m.
Section 2. That the City Clerk be and is hereby authorized and directed to publish notice of
the public hearing, according to law, together with the required budget information.
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Passed, approved and adopted this 7 day of September, 2010.
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:
Environmental Stewardship Advisory Commission: Two 3-year terms through October 1,
2013 (Terms of Buelow and Oberdoerster). Applicants: Michael Buelow, 2131 Graham Circle;
and Chad Oberdoerster, 420 Summit Street. Mr. Buelow and Mr. Oberdoerster spoke in
support of their appointment.
Housing Commission: One 3-year term through August 17, 2013 (Term of Eddy): Applicant:
Ricardo Woods, 1535 Bluff Street. Mr. Woods spoke in support of his appointment.
Transit Advisory Board: One 3-year term through July 30, 2013 (Term of Scharnau):
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Applicant: Rhonda Knight, 250 W. 6 Street. Ms. Knight spoke in support of her appointment.
TV Cable Regulatory Commission: One 3-year term through June 30, 2010 (Term of
Bellings) Applicant: Kenneth Miller, 195 Julien Dubuque Drive. Mr. Miller withdrew his
application.
Appointments to the following Boards/Commissions: Airport Commission: Two 4-year terms
through August 14, 2014 (Terms of Accinelli and Daoud). Applicants: Steven Accinelli, 3007
Huntington Drive; Charles Daoud, 396 Moore Heights; Daniel Nicholson, 889 Walker Street
(additional applicant). Upon roll call vote Steven Accinelli and Charles Daoud were appointed
to the Airport Commission for 4-year terms through August 14, 2014.
PUBLIC HEARINGS
Upon motion the rules were suspended allowing anyone present to address the City
Council.
Sale of Property at 1699 Washington Street: Proof of publication of notice of public hearing
to consider the disposal of property located at 1699 Washington Street to KC James Summers
for the sum of $40,000 and City Manager recommending approval. Motion by Connors to
receive and file the documents and adopt Resolution No. 348-10 Disposing of City-owned
property, specifically, Lot 2 of Lot 86 in East Dubuque Addition in the City of Dubuque, County
of Dubuque, Iowa, according to the recorded plat thereof, 1699 Washington Street. Seconded
by Voetberg. Motion carried 7-0.
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RESOLUTION NO. 348-10
APPROVING THE SALE OF REAL ESTATE SPECIFICALLY LOT TWO (2) OF LOT
EIGHTY-SIX (86) IN EAST DUBUQUE ADDITION IN THE CITY OF DUBUQUE COUNTY OF
DUBUQUE, IOWA, ACCORDING TO THE RECORDED PLAT THEREOF – 1699
WASHINGTON STREET
Whereas, pursuant to a notice, duly published in the Telegraph Herald newspaper, in the
City Council of Dubuque, Iowa, met on the 7 September 2010, in the Dubuque Historic Federal
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Building, 350 West 6 Street, Dubuque, Iowa, to consider the proposal to dispose of City-
owned real estate located at 1699 Washington Street: Lot Two (2) of Lot Eighty-Six (86) in
East Dubuque Addition in the City of Dubuque, County of Dubuque, Iowa, according to the
recorded Plat thereof; and
Whereas, such purpose supports the Washington Neighborhood revitalization strategy as
approved by the City Council; and
Whereas, the City has received an offer to purchase this property from a qualifying
household; and
Whereas, the City Council of the City of Dubuque, Iowa, has overruled any and all
objections, oral and written, to the proposal to dispose of the interest of the City of Dubuque,
Iowa, in the herein and above-named real estate to the above-named grantee.
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 sale of the following legally
described property: Lot Two (2) of Lot Eighty-Six (86) in East Dubuque Addition in the City of
Dubuque, County of Dubuque, Iowa, according to the recorded Plat thereof, at the cost of
Forty Thousand dollars. ($40 000).
Section 2. That the City of Dubuque be and is hereby authorized to provide a Warranty
Deed to the buyer, conveying the City’s interest to KC James Summers for the herein-
described real estate.
Section 3. That the City Clerk be and she is hereby authorized an directed to cause said
Warranty Deed to be recorded in the Office of the Dubuque County Recorder, together with a
certified copy of the Resolution.
Section 4. That the City Clerk be and she is hereby authorized and directed to forward a
copy of this Resolution to the Dubuque Count Assessor and the Dubuque County Auditor.
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Passed, approved and adopted this 7 day of September, 2010.
Roy D Buol, Mayor
Attest: Jeanne Schneider, CMC, City Clerk
Five Points Traffic Signal Reconstruction Project: Proof of publication of notice of public
hearing to consider approval of the plans and specifications, form of contract and estimated
cost for the Five Points Traffic Signal Reconstruction Project and City Manager recommending
approval. Motion by Braig to receive and file the documents and adopt Resolution No. 349-10
Approving plans, specifications, form of contract, and estimated cost for the Five Points Traffic
Signal Reconstruction Project. Seconded by Lynch. Motion carried 7-0.
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RESOLUTION NO. 349-10
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED
COST FOR THE 5 POINTS TRAFFIC SIGNAL RECONSTRUCTION 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 5 Points
Traffic Signal Reconstruction Project, in the estimated amount of $146,752.30, are hereby
approved.
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Passed, adopted and approved this 7 day of September, 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
General Obligation Loan Notes: Proof of publication of notice of public hearing to consider
the issuance of not to exceed $3,000,000 General Obligation Capital Loan Notes and City
Manager recommending approval. Motion by Voetberg to receive and file the documents and
adopt Resolution No. 350-10 Instituting proceedings to take additional action for the
authorization of a Loan Agreement and the issuance of not to exceed $3,000,000 General
Obligation Capital Loan Notes. Seconded by Braig. Motion carried 7-0.
RESOLUTION NO. 350-10
RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE
AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED
$3,000,000 GENERAL OBLIGATION CAPITAL LOAN NOTES
Whereas, pursuant to notice published as required by law, this Council has held a public
meeting and hearing upon the proposal to institute proceedings for the authorization of a Loan
Agreement and the issuance of not to exceed $3,000,000 General Obligation Capital Loan
Notes for the purpose of paying costs of constructing the Sycamore Street and 16th Street
bridge improvements being undertaken as part of the Bee Branch Creek Restoration Project,
and has considered the extent of objections received from residents or property owners as to
the proposal and, accordingly the following action is now considered to be in the best interests
of the City and residents thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That this Council does hereby institute proceedings and take additional action for
the authorization of a Loan Agreement and issuance in the manner required by law of not to
exceed $3,000,000 General Obligation Capital Loan Notes to evidence the obligation thereof
for the foregoing purpose.
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Passed and approved this 7 day of September, 2010.
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
Washington Neighborhood Inspection Initiative: City Manager recommending approval of a
pilot program of intensified housing inspections of the exteriors of all downtown residential
properties, including owner-occupied housing, beginning in the Washington Neighborhood.
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Motion by Connors to receive and file the documents and approve the recommendation.
Seconded by Voetberg. Motion carried 7-0.
Housing Code Exterior Enforcement Initiative: City Manager recommending approval of a
pilot program of intensified exterior housing code enforcement. Motion by Jones to receive and
file the documents and approve the recommendation. Seconded by Voetberg. Motion carried
7-0.
Acceptance of Petition and Waiver Agreements – Historic Millwork District: City Manager
recommending acceptance of the Petition and Waiver Agreements from the property owners
donating the right-of-way in the Millwork District. Motion by Voetberg to receive and file the
documents and adopt Resolution No. 351-10 Approving the Petition and Waiver Agreement
with CARADCO Building, LLLP; Resolution No. 352-10 Approving the Petition and Waiver
Agreement with Wilmac Property Company; and Resolution No. 353-10 Approving the Petition
and Waiver Agreement with Mid American Holdings, LLC. Seconded by Braig. Motion carried
7-0.
RESOLUTION NO. 351-10
APPROVING THE PETITION AND WAIVER AGREEMENT WITH CARADCO BUILDING,
LLLP
Whereas, the City of Dubuque has accepted Final Plats dedicating right-of-way for public
streets and utilities; and
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Whereas, upon said Final Plat appears streets to be known as East 10 Street and
Washington Street, together with certain public easements, which the owner, by said Final
Plat, has dedicated to the public forever; and
Whereas, the City of Dubuque intends to construct public improvements that are in the best
which improvements shall be constructed at such times
interest of the City on these streets,
and in accordance with the development agreements to be entered into with the adjacent
property owners
; and
Whereas, the adjoining property owners have agreed to reimburse the City for said
improvements should they default in making building improvements as identified in a separate
development agreement.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque will make improvements to the platted Washington
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Street and East 10 Street areas in the Historic Millwork District.
Section 2. That the Petition and Waiver Agreement with CARADCO Building, LLLP, is
hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse
the approval of the City of Dubuque, Iowa, upon said agreement.
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Passed, approved and adopted this 7 day of September, 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 352-10
APPROVING THE PETITION AND WAIVER AGREEMENT WITH WILMAC PROPERTY
COMPANY
Whereas, the City of Dubuque has accepted Final Plats dedicating right-of-way for public
streets and utilities; and
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Whereas, upon said Final Plat appears streets to be known as East 10 Street and
Washington Street, together with certain public easements, which the owner, by said Final
Plat, has dedicated to the public forever; and
Whereas, the City of Dubuque intends to construct public improvements that are in the best
which improvements shall be constructed at such times
interest of the City on these streets,
and in accordance with the development agreements to be entered into with the adjacent
property owners
; and
Whereas, the adjoining property owners have agreed to reimburse the City for said
improvements should they default in making building improvements as identified in a separate
development agreement.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque will make improvements to the platted Washington
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Street and East 10 Street areas in the Historic Millwork District.
Section 2. That the Petition and Waiver Agreement with Wilmac Property Company is
hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse
the approval of the City of Dubuque, Iowa, upon said agreement.
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Passed, approved and adopted this 7 day of September, 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 353-10
APPROVING THE PETITION AND WAIVER AGREEMENT WITH MID AMERICAN
HOLDINGS, LLC.
Whereas, the City of Dubuque has accepted Final Plats dedicating right-of-way for public
streets and utilities; and
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Whereas, upon said Final Plat appears streets to be known as East 10 Street and
Washington Street, together with certain public easements, which the owner, by said Final
Plat, has dedicated to the public forever; and
Whereas, the City of Dubuque intends to construct public improvements that are in the best
which improvements shall be constructed at such times
interest of the City on these streets,
and in accordance with the development agreements to be entered into with the adjacent
property owners
; and
Whereas, the adjoining property owners have agreed to reimburse the City for said
improvements should they default in making building improvements as identified in a separate
development agreement.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque will make improvements to the platted Washington
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Street and East 10 Street areas in the Historic Millwork District.
Section 2. That the Petition and Waiver Agreement with Mid America Holdings, LLC, is
hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse
the approval of the City of Dubuque, Iowa, upon said agreement.
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Passed, approved and adopted this 7 day of September, 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Dubuque County Historical Society Lease for Mississippi Plaza Property – Tabled from
August 16, 2010 Meeting: City Manager recommending approval of the amended lease
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agreement between the Dubuque County Historical Society and the City of Dubuque for the
development of the proposed Mississippi Plaza, subject to the approval of the associated sub-
lease agreements and the Vision Iowa contract. Motion by Jones to remove from the table
Seconded by Connors. Motion carried 7-0.
Motion by Jones to receive and file the documents and adopt Resolution No. 354-10
Disposing of an interest in real property by Fourth Amendment to Lease between the City of
Dubuque, Iowa and Dubuque County Historical Society; and Resolution No. 355-10 Approving
a sublease between Peninsula Gaming Company, LLC, and Dubuque County Historical
Society and a sub-sublease between Peninsula Gaming Company, LLC, and Dubuque County
Historical Society. Seconded by Resnick. Motion carried 7-0.
RESOLUTION NO. 354-10
DISPOSING OF AN INTEREST IN REAL PROPERTY BY FOURTH AMENDMENT TO
LEASE BETWEEN THE CITY OF DUBUQE, IOWA AND DUBUQUE COUNTY HISTORICAL
SOCIETY
Whereas, the City of Dubuque, Iowa (City) and Dubuque County Historical Society (DCHS)
entered into a Lease Agreement (Lease) on June 5, 2000 for certain real property (Demised
Premises); and
Whereas, City and DCHS amended the Lease by the First, Second and Third Amendments
to Lease Agreement; and
Whereas, City and DCHS desire to further amend the Lease as set forth in the attached
Fourth Amendment; and
Whereas, on August 2, 2010 the City Council pursuant to notice published as required by
law held a public hearing on its intent to dispose of the foregoing interest in real property and
overruled all objections thereto; and
Whereas, the City Council finds that it is in the best interests of the City to approve the
disposition of such real property.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of Dubuque, Iowa, approves the Fourth Amendment to
Lease Agreement attached hereto and the Mayor is hereby authorized and directed to sign this
Resolution and the Fourth Amendment to Lease Agreement.
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Passed, approved and adopted this 7 day of September, 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 355-10
APPROVING A SUBLEASE BETWEEN PENINSULA GAMING COMPANY, L.L.C., AND
DUBUQUE COUNTY HISTORICAL SOCIETY AND A SUB-SUBLEASE BETWEEN
PENINSULA GAMING COMPANY, L.L.C., AND DUBUQUE COUNTY HISTORICAL
SOCIETY
Whereas, on March 31, 2004 the City of Dubuque, Iowa (City), and Dubuque Racing
Association, Ltd., (DRA) entered into an Amended and Restated Lease Agreement (original
Lease Agreement dated February 18, 1990) in which the City leased to DRA a parcel of real
estate identified as Lot C, for parking purposes; and a parcel of real estate identified as Lot D,
each Lot more particularly identified on the attached Exhibit A; and
Whereas, DRA has subleased Lots C and D to Peninsula Gaming Company, L.L.C.
(Peninsula); and
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Whereas, Dubuque County Historical Society (the Historical Society) desires and intends to
expand the National Mississippi River Museum and Aquarium by developing a plaza area
between the Great Rivers Center and the National Mississippi River Museum building which
will require expansion and development into a portion of the area identified as Lot C, currently
used for parking and a throughway and further requires the use of a portion of the area
identified as Lot D, for development of the plaza area; and
Whereas, the Historical Society desires to sub-sublease those necessary portions of Lots C
and D from Peninsula for the creation of a plaza area for the National Mississippi River
Museum and Aquarium pursuant to the Sub-Sublease between Peninsula Gaming Company,
LLC, and Dubuque County Historical Society attached hereto, which Sub-Sublease the parties,
including the City and DRA, desire to approve; and
Whereas, City and Peninsula are parties to a Lease Agreement dated June 1, 2005,
pursuant to which City leases to Peninsula Lot B shown on the attached Exhibit A; and
Whereas, the Historical Society desires to sublease Lot B from Peninsula pursuant to the
Sublease between Peninsula Gaming Company, L.L.C. and Dubuque County Historical
Society attached hereto; and
Whereas, City has agreed to consent to the Sublease and the Sub-Sublease but only on the
terms and conditions set forth therein.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Sublease between Peninsula Gaming Company, LLC, and Dubuque County
Historical Society and the Sub-Sublease between Peninsula Gaming Company, LLC, and
Dubuque County Historical Society are hereby approved.
Section 2. The Mayor is authorized and directed to execute the consent to the Sublease
between Peninsula Gaming Company, LLC, and Dubuque County Historical Society and the
Sub-Sublease between Peninsula Gaming Company, LLC, and Dubuque County Historical
Society.
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Passed, approved and adopted this 7 day of September, 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Vision Iowa: River Enhancement Community Attraction and Tourism Program Grant
Agreement – Tabled from August 16, 2010 Meeting: City Attorney recommending approval of a
proposed River Enhancement Community Attraction and Tourism Program Grant Agreement
by and among the Vision Iowa Board, Dubuque County Historical Society and the City of
Dubuque. Motion by Lynch to remove from the table. Seconded by Braig. Motion carried 7-0.
Motion by Lynch to receive and file the documents and adopt Resolution No. 356-10
Approving the River Enhancement Community Attraction and Tourism Program Grant
Agreement by and among the Vision Iowa Board, Dubuque County Historical Society and the
City of Dubuque. Seconded by Jones. Motion carried 7-0.
RESOLUTION NO. 356-10
APPROVING THE RIVER ENHANCEMENT COMMUNITY ATTRACTION AND TOURISM
PROGRAM GRANT AGREEMENT BY AND AMONG THE VISION IOWA BOARD,
DUBUQUE COUNTY HISTORICAL SOCIETY AND THE CITY OF DUBUQUE
Whereas, the River Enhancement Community Attraction and Tourism (RECAT) Program
was established by the Iowa Legislature and the Governor of Iowa to support community
projects that build on Iowa's unique assets and values and expand the recreational, cultural,
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educational, and entertainment opportunities that relate to, connect with and enhance rivers.,
lakes, and. river corridors in Iowa; and
Whereas, the Dubuque County Historical Society and the City of Dubuque submitted an
application to the Vision Iowa Board requesting RECAT assistance to help finance the
Mississippi Plaza Project; and
Whereas, the Vision Iowa Board found the Project to meet the requirements established for
participation in the RECAT Program; and
Whereas, the Board, on December 9, 2009 unanimously voted to award a grant of One
Million, Two Hundred Thirty Thousand Dollars ($1,230,000) to assist in funding the Project,
subject to the terms and conditions of the River Enhancement Community Attraction and
Tourism Program Grant Agreement attached hereto; and
Whereas, the City Council has determined that execution of the Grant Agreement is in the
best interests of the City of Dubuque.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The River Enhancement Community Attraction and Tourism Program Grant
Agreement is hereby approved.
Section 2. The City Manager is hereby authorized to execute the Grant Agreement and
such other documents as are necessary to bind the City and to deliver the grant agreement
and such other documents as the Vision Iowa Board or the Board’s legal counsel may
reasonably request.
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Passed, approved and adopted this 7 day of September, 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Sunset Ridge Reconstruction Project: City Manager recommending award of the public
improvement contract for the Sunset Ridge Reconstruction Project to Eastern Iowa Excavating
and Concrete, LLC in the amount of $1,220,261.22. Motion by Connors to receive and file the
documents and adopt Resolution No. 357-10 Awarding public improvement contract for the
Sunset Ridge Reconstruction Project. Seconded by Jones. Motion carried 7-0.
RESOLUTION NO. 357-10
AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE SUNSET RIDGE
RECONSTRUCTION PROJECT
Whereas, sealed proposals have been submitted by contractors for the Sunset Ridge
Reconstruction Project (the Project) pursuant to Resolution No. 241-10 and Notice to Bidders
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published in a newspaper published in the City of Dubuque, Iowa, on the 9 day of July, 2010.
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Whereas, said sealed proposals were opened and read on the 19 day of August, 2010
and it has been determined that Eastern Iowa Excavating and Concrete, LLC, of Cascade,
Iowa, with a bid in the amount of $1,220,261.22, 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 Eastern Iowa
Excavating and Concrete, LLC, and the City Manager is hereby directed to execute a Public
Improvement Contract on behalf of the City of Dubuque for the Project.
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Passed, approved and adopted this 7 day of September, 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
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General Obligation Loan Notes: City Manager recommending acceptance of a proposal
from U.S. Bank to purchase $2,850,000 General Obligation Capital Loan Notes with a fixed
1.49% interest rate, and a second Resolution approving and authorizing a form of loan
agreement for the issuance of $2,850,000 General Obligation Capital Loan Notes, Series
2010F, and levying a tax to pay the notes. Motion by Connors to receive and file the
documents and adopt Resolution No. 358-10 Directing the acceptance of a proposal to
purchase $2,850,000 General Obligation Capital Loan Notes; and Resolution No. 359-10
Approving and authorizing a form of Loan Agreement and authorizing and providing for the
issuance of $2,850,000 General Obligation Capital Loan Notes, Series 2010F, and levying a
tax to pay the notes. Seconded by Voetberg. Motion carried 7-0.
RESOLUTION NO. 358-10
RESOLUTION DIRECTING THE ACCEPTANCE OF A PROPOSAL TO PURCHASE
$2,850,000 GENERAL OBLIGATION CAPITAL LOAN NOTES
Whereas, the City of Dubuque, in the County of Dubuque, State of Iowa, sometimes
hereinafter referred to as the City, is a municipal corporation duly incorporated, organized and
existing under and by virtue of the Constitution and laws of the State of Iowa; and
Whereas, it is deemed necessary that the City should enter into a Loan Agreement and
borrow the amount of $2,850,000 as authorized by Sections 384.24, 384.24A and 384.25,
Code of Iowa, as amended, for the purposes of paying costs of constructing the Sycamore
Street and 16th Street bridge improvements being undertaken as part of the Bee Branch Creek
Restoration Project; and
Whereas, proposals have been requested and received from financial institutions offering to
enter into such Loan Agreement; and
WHEREAS, it is the intention of this Council to enter into a Loan Agreement in accordance
with the most favorable proposal received.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That this Council does hereby accept the attached proposal of US Bank of
Dubuque, Iowa, and takes additional action to permit the entering into of a Loan Agreement on
the basis proposed.
Section 2. The Mayor and City Clerk are authorized and directed to proceed on behalf of the
City to acknowledge the acceptance of said proposal, to negotiate the final terms of a Loan
Agreement, to take all action necessary to permit the entering into of a Loan Agreement on a
basis favorable to the City and acceptable to the Council, and to proceed to meet the
conditions of this accepted proposal.
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Passed and approved this 7 day of September, 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 359-10
RESOLUTION APPROVING AND AUTHORIZING A FORM OF LOAN AGREEMENT AND
AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $2,850,000 GENERAL
OBLIGATION CAPITAL LOAN NOTES, SERIES 2010F, AND LEVYING A TAX TO PAY
THE NOTES
Whereas, the Issuer is duly incorporated, organized and exists under and by virtue of the
laws and Constitution of the State of Iowa; and
Whereas, the Issuer is in need of funds to pay costs of constructing the Sycamore Street
and 16th Street bridge improvements being undertaken as part of the Bee Branch Creek
25
Restoration Project, an essential corporate purpose, and it is deemed necessary and advisable
that a form of Loan Agreement be approved and authorized and General Obligation Capital
Loan Notes, Series 2010F, in the amount of $2,850,000 be issued for said purpose; and
Whereas, pursuant to notice published as required by Sections 384.24, 384.24A and 384.25
of said Code, this Council has held a public meeting and hearing upon the proposal to institute
proceedings for the issuance of said Notes, and the Council is therefore now authorized to
proceed with the issuance of $2,850,000 General Obligation Capital Loan Notes.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Definitions. The following terms shall have the following meanings in this
Resolution unless the text expressly or by necessary implication requires otherwise:
- "Issuer" and "City" shall mean the City of Dubuque, Iowa.
- "Loan Agreement" shall mean a Loan Agreement between the Issuer and a lender or
lenders in substantially the form attached to and approved by this Resolution.
- "Note Fund" shall mean the fund created in Section 4 of this Resolution.
- "Notes" shall mean $2,850,000 General Obligation Capital Loan Notes, Series
2010F, authorized to be issued by this Resolution.
- "Paying Agent" shall mean the Finance Director, 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
Notes as the same shall become due.
- "Project" shall mean the costs of constructing the Sycamore Street and 16th Street
bridge improvements being undertaken as part of the Bee Branch Creek Restoration
Project.
- "Project Fund" shall mean the fund required to be established by this Resolution for
the deposit of the proceeds of the Notes.
- "Rebate Fund" shall mean the fund so defined in and established pursuant to the
Tax Exemption Certificate.
- "Registrar" shall mean the Finance Director 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 Notes.
Unless otherwise specified, the Registrar shall also act as Transfer Agent for the Notes.
- "Resolution" shall mean this resolution authorizing the Notes.
- "Tax Exemption Certificate" shall mean the Tax Exemption Certificate executed by
the Treasurer and delivered at the time of issuance and delivery of the Notes.
- "Treasurer" shall mean the Finance Director or such other officer as shall succeed to
the same duties and responsibilities with respect to the recording and payment of the
Notes issued hereunder.
Section 2. Loan Agreement. The form of Loan Agreement in substantially the form attached
to this Resolution is hereby approved and is authorized to be executed and issued on behalf of
the Issuer by the Mayor and attested by the City Clerk.
Section 3. Levy and Certification of Annual Tax; Other Funds to be Used.
(a) Levy of Annual Tax. That for the purpose of providing funds to pay the principal
and interest of the Notes hereinafter authorized to be issued, there is hereby levied for
each future year the following direct annual tax on all of the taxable property in the City
of Dubuque, Iowa, to-wit:
26
FISCAL YEAR (JULY 1 TO JUNE 30)
AMOUNT YEAR OF COLLECTION
$978,781.84 2011/2012
$964,351.60 2012/2013
(NOTE: For example the levy to be made and certified against the taxable valuations of
January 1, 2010, will be collected during the fiscal year commencing July 1, 2011).
(b) Resolution to be Filed With County Auditor. A certified copy of this Resolution
shall be filed with the Auditor of Dubuque County, Iowa and the Auditor is hereby
instructed in and for each of the years as provided, to levy and assess the tax hereby
authorized in Section 3 of this Resolution, in like manner as other taxes are levied and
assessed, and such taxes so levied in and for each of the years aforesaid be collected
in like manner as other taxes of the City are collected, and when collected be used for
the purpose of paying principal and interest on said Notes issued in anticipation of the
tax, and for no other purpose whatsoever.
(c) Additional City Funds Available. Principal and interest coming due at any time
may be paid from available revenues of the Stormwater Management Utility System. In
the event such revenues are not available, and when the proceeds of said tax on hand
shall be insufficient to pay the same, principal and interest shall be promptly paid when
due from current funds of the City available for that purpose and reimbursement shall be
made from such special fund in the amounts thus advanced.
Section 4. Note Fund. Said tax shall be assessed and collected each year at the same time
and in the same manner as, and in addition to, all other taxes in and for the City, and when
collected they shall be converted into a special fund within the Debt Service Fund to be known
as the "GENERAL OBLIGATION CAPITAL LOAN NOTE FUND 2010F" (the "Note Fund"),
which is hereby pledged for and shall be used only for the payment of the principal of and
interest on the Notes hereinafter authorized to be issued; and also there shall be apportioned
to said fund its proportion of taxes received by the City from property that is centrally assessed
by the State of Iowa.
Section 5. Application of Note Proceeds. Proceeds of the Notes other than accrued interest
except as may be provided below shall be credited to the Project Fund and expended
therefrom for the purposes of the Project. Any amounts on hand in the Project Fund shall be
available for the payment of the principal of or interest on the Notes at any time that other
funds shall be insufficient to the purpose, in which event such funds shall be repaid to the
Project Fund at the earliest opportunity. Any balance on hand in the Project Fund and not
immediately required for its purposes may be invested not inconsistent with limitations
provided by law or this Resolution. Accrued interest, if any, shall be deposited in the Note
Fund.
Section 6. Investments of Note Fund Proceeds. All moneys held in the Note Fund and the
Project Fund, shall be invested in investments permitted by Chapter 12B, Code of Iowa, 2009,
as amended, or deposited in financial institutions which are members of the Federal Deposit
Insurance Corporation and the deposits in which are insured thereby and all such deposits
exceeding the maximum amount insured from time to time by FDIC or its equivalent successor
in any one financial institution shall be continuously secured in compliance with Chapter 12C of
the Code of Iowa, 2009, as amended, or otherwise by a valid pledge of direct obligations of the
United States Government having an equivalent market value. All such interim investments
shall mature before the date on which the moneys are required for payment of principal of or
interest on the Notes as herein provided.
Section 7. Note Details, Execution and Redemption.
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(a) Note Details. General Obligation Capital Loan Notes, Series 2010F, of the City in
the total amount of $2,850,000, shall be issued to evidence the obligations of the Issuer
under the Loan Agreement pursuant to the provisions of Sections 384.24, 384.24A, and
384.25 of the City Code of Iowa, as amended, for the aforesaid purpose. The Notes
shall be issued in one or more series and shall be on a parity and secured equally and
ratably from the sources provided in Section 3 of this Resolution. The Notes shall be
designated "$2,850,000 GENERAL OBLIGATION CAPITAL LOAN NOTES, SERIES
2010F", be dated the date of delivery, and bear interest from the date thereof, until
payment thereof, at the office of the Paying Agent, said interest payable on December
1, 2010, and semiannually thereafter on the 1st day of June and December in each year
until maturity at the rates hereinafter provided.
The Notes shall be executed by the manual or facsimile signature of the Mayor and
attested by the manual or facsimile signature of the City Clerk, and impressed or printed
with the seal of the City and shall be fully registered as to both principal and interest as
provided in this Resolution; principal, interest and premium, if any, shall be payable at
the office of the Paying Agent by mailing of a check to the registered owner of the Note.
The Notes shall be in the denomination of $5,000 or multiples thereof and shall mature
and bear interest as follows:
Principal Interest Maturity
st
Amount Rate June 1
$950,000 1.49% 2011
$950,000 1.49% 2012
$950,000 1.49% 2013
(b) Redemption. The Notes 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, in any order of maturity and within an annual maturity by lot. The terms of
redemption shall be par, plus accrued interest to date of call.
Ten day's notice of redemption shall be given by certified mail to the registered owner
of the Note. Failure to give such notice by mail to any registered owner of the Notes or
any defect therein shall not affect the validity of any proceedings for the redemption of
the Notes. All Notes or portions thereof called for redemption will cease to bear interest
after the specified redemption date, provided funds for their redemption are on deposit
at the place of payment.
If selection by lot within a maturity is required, the Registrar shall designate the Notes
to be redeemed by random selection of the names of the registered owners of the entire
annual maturity until the total amount of Notes to be called has been reached.
Section 8. 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 Finance Director is hereby appointed as 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 subject to the provisions for registration and transfer
contained in the Notes and in this Resolution.
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(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 unmatured 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 if any Note 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, 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 and six months following the date on which such interest
or principal became due, whether at maturity, or at the date fixed for redemption thereof,
or otherwise, at which time the Paying Agent, shall surrender any remaining funds so
held to the Issuer, whereupon any claim under this Resolution by the Owners of such
interest or Notes of whatever nature shall be made upon the Issuer.
(g) Registration and Transfer Fees. The Registrar may furnish to each owner, at the
Issuer's expense, one Note for each annual maturity. The Registrar shall furnish
29
additional Notes in lesser denominations (but not less than the minimum denomination)
to an owner who so requests.
Section 9. Reissuance of Mutilated, Destroyed, Stolen or Lost 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 10. 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
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. Payment of principal
shall only be made upon surrender of the Note to the Paying Agent.
Section 11. Execution, Authentication and Delivery of the Notes. 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 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 12. Right to Name Substitute Paying Agent or Registrar. Issuer reserves the right to
name a substitute, successor Registrar or Paying Agent upon giving prompt written notice to
each registered noteholder.
Section 13. Form of Note. Notes shall be printed in substantial compliance with standards
proposed by the American Standards Institute substantially in the form as [provided].
Section 14. Contract Between Issuer and Purchaser. This Resolution shall constitute a
contract between said City and the purchaser of the Notes.
Section 15. Non-Arbitrage Covenants. The Issuer reasonably expects and covenants that
no use will be made of the proceeds from the issuance and sale of the Notes issued hereunder
which will cause any of the Notes to be classified as arbitrage notes within the meaning of
Sections 148(a) and (b) of the Internal Revenue Code of the United States, as amended, and
that throughout the term of the Notes it will comply with the requirements of statutes and
regulations issued thereunder.
To the best knowledge and belief of the Issuer, there are no facts or circumstances that
would materially change the foregoing statements or the conclusion that it is not expected that
the proceeds of the Notes will be used in a manner that would cause the Notes to be arbitrage
notes. Without limiting the generality of the foregoing, the Issuer hereby agrees to comply with
the provisions of the Tax Exemption Certificate and the provisions of the Tax Exemption
Certificate are hereby incorporated by reference as part of this Resolution. The Treasurer is
hereby directed to make and insert all calculations and determinations necessary to complete
the Tax Exemption Certificate in all respects and to execute and deliver the Tax Exemption
Certificate at issuance of the Notes to certify as to the reasonable expectations and covenants
of the Issuer at that date.
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Section 16. Additional Covenants, Representations and Warranties of the Issuer. The Issuer
certifies and covenants with the purchasers and holders of the Notes from time to time
outstanding that the Issuer through its officers, (a) will make such further specific covenants,
representations and assurances as may be necessary or advisable; (b) comply with all
representations, covenants and assurances contained in the Tax Exemption Certificate, which
Tax Exemption Certificate shall constitute a part of the contract between the Issuer and the
owners of the Notes; (c) consult with bond counsel (as defined in the Tax Exemption
Certificate); (d) pay to the United States, as necessary, such sums of money representing
required rebates of excess arbitrage profits relating to the Notes; (e) file such forms,
statements and supporting documents as may be required and in a timely manner; and (f) if
deemed necessary or advisable by its officers, to employ and pay fiscal agents, financial
advisors, attorneys and other persons to assist the Issuer in such compliance.
Section 17. Amendment of Resolution to Maintain Tax Exemption. This Resolution may be
amended without the consent of any owner of the Notes if, in the opinion of bond counsel,
such amendment is necessary to maintain tax exemption with respect to the Notes under
applicable Federal law or regulations.
Section 18. Severability Clause. If any section, paragraph, clause or provision of this
Resolution be held invalid, such invalidity shall not affect any of the remaining provisions
hereof, and this Resolution shall become effective immediately upon its passage and approval.
Section 19. Repeal of Conflicting Resolutions or Ordinances. All ordinances and resolutions
and parts of ordinances and resolutions in conflict herewith are hereby repealed.
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Passed and approved this 7 day of September, 2010.
Roy D. Buol, Mayor
Attest, Jeanne F. Schneider, CMC, City Clerk
Keyline Rebranding Process: City Manager requesting City Council input to help identify the
top five names in the Keyline Rebranding Process. Motion by Connors to receive and file the
documents and approve the top five choices and add “Green Machine.” Seconded by Jones.
Motion carried 6-1 with Resnick voting nay.
Final Plat – Wingate Place #4: City Manager recommending approval of the final plat of
Wingate Place #4 in the City of Dubuque. Motion by Jones to receive and file the documents
and adopt Resolution No. 360-10 Approving the final plat of Wingate Place #4. Seconded by
Braig. Motion carried 7-0.
RESOLUTION NO. 360-10
AUTHORIZING APPROVING FINAL PLAT OF WINGATE PLACE NO. 4 IN THE CITY OF
DUBUQUE, IOWA
Whereas, there has been filed with the City Clerk a final plat of Wingate Place No. 4 in the
City of Dubuque, Iowa; and
Whereas, upon said final plat appears a street to be known as Wingate Drive (Lot A)
together with certain public utility, storm sewer and water main easements, which the owner by
said final plat has dedicated to the public forever; and
Whereas, the preliminary plat has been examined by the Zoning Advisory Commission and
had its approval endorsed thereon; and
Whereas, said final plat has been reviewed by the City Planner and had her approval
endorsed thereon subject to the owner’s agreeing to the conditions noted in Section 3 below;
and
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Whereas, said final plat has been examined by the City Council and they find that it
conforms to the statutes and ordinances relating to it, except that streets and public utilities
have not yet been completely constructed or installed.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the dedication of Wingate Drive (Lot A) and the easements for public
utilities, storm sewer and water mains, as they appear on said final plat, be and the same are
hereby accepted.
Section 2. That the Final Plat of Wingate Place No. 4 is hereby approved by the Mayor and
City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque,
Iowa, upon said final plat, provided the owners of said property herein named, execute their
written acceptance hereto attached agreeing:
(a) To reduce Wingate Drive (Lot A) to grade and to construct longitudinal sub-drain,
concrete curb and gutter and to hard surface with asphaltic concrete, or with concrete
paving with integral curb, all in accordance with the City of Dubuque standard specifications,
all in a manner acceptable to the City Engineer, in conformance with construction
improvement plans approved by the City Engineer, and inspected by the City Engineer.
(b) To install sanitary sewer mains and sewer service laterals into each individual lot,
water mains and water service laterals into each individual lot, storm sewers and catch
basins, boulevard street lighting and erosion control devices all in accordance with the City
of Dubuque standard specifications, all in a manner acceptable to the City Engineer, and in
accordance with construction improvement plans approved by the City Engineer, and
inspected by the City Engineer.
(c) To construct said improvements, prior to the two (2) years from the date of
acceptance of this resolution, at the sole expense of the owners, or future owner.
(d) To maintain the public improvements, for a period of two (2) years from the date of the
acceptance of those improvements by the City Council of the City of Dubuque, Iowa, at the
sole final expense of the owners, or future owner; and, further provided that said GNZ
Properties, Inc., L. Wingate Properties, LLC, D. Wingate Real Estate, LLC, as owners of
said property, shall secure the performance of the foregoing conditions provided in this
Section by providing guarantees in such form and with such sureties as may be acceptable
to the City Manager of the City of Dubuque, Iowa.
Section 3. Sidewalk installation shall be the responsibility of the owner abutting the public
rights-of-way, including lots with multiple frontages, as required by City Code 10-1-2 (Sidewalk
Installation and Repair).
Section 4. The owner must continue to own and maintain Lot B of Wingate Place No. 3 and
stormwater detention facility until (1) the facility has been fully completed, (2) 80% of the
platted lots on Wingate Place, Wingate Place No. 2, Wingate Place No. 3, Wingate Place No. 4
and subdivisions thereof have been fully developed, and (3) adequate erosion control
measures, as approved by the City have been installed on the remaining 20% of the lots.
Acceptance of said Lot B and the detention facility must be by the City Council as required by
the Unified Development Code. Upon the City’s acceptance of the detention facility, the
inspection, administrative and maintenance expenses incurred by the City of Dubuque for the
storm water detention facility (Lot B of Wingate Place No. 3) shall be assessed against the lot
owners of all phases of Wingate Place as indicated above and on the preliminary plat, in
proportion to the acreage of each lot, and the City Manager shall certify such costs to the City
Clerk, who in turn shall promptly certify such costs to the Dubuque County Treasurer, and such
costs shall then be collected with and in the same manner as general property taxes in
accordance with provisions of law.
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Section 5. That the final acceptance of the public improvements shall occur upon
certification of the City Engineer to the City Council that the public improvements have been
completed in accordance with the approved improvement plans and City standards and
specifications and accepted by City Council Resolution.
Section 6. That in the event GNZ Properties, Inc., L. Wingate Properties, LLC, D. Wingate
Real Estate, LLC, fail to execute the acceptance and furnish the guarantees provided in
Section 2 hereof within 180 days after the date of this Resolution, the provisions hereof shall
be null and void and the acceptance of the dedication and approval the plat shall not be
effective.
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Passed, approved and adopted this 7 day of September 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
ACCEPTANCE OF RESOLUTION NO. 360-10
I, the undersigned, Jim Gantz, representing GNZ Properties, Inc., L. Wingate Properties,
LLC, D. Wingate Real Estate, LLC, having read the terms and conditions of the Resolution No.
360-10 and being familiar with the conditions thereof, hereby accept this same and agree to
the conditions required therein.
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Dated in Dubuque, Iowa, this 14 day of September, 2010.
By: Jim Gantz
GNZ Properties, Inc.,
L. Wingate Properties, LLC,
D. Wingate Real Estate, LLC,
2012 International Energy Conservation Code: City Manager recommending support for the
adoption of the 2012 International Energy Conservation Code by the International Code
Council. Motion by Jones to receive and file the documents and approve the recommendation.
Seconded by Connors. Motion carried 7-0.
Environmental Stewardship Advisory Commission: Communication from Wayne
Klostermann, Chair – Environmental Stewardship Advisory Commission, requesting that the
City encourage retailers not to use petroleum-based plastic bags and that the City adopt a
policy of recommending the phasing out of the use of plastic bags. Motion by Connors to
receive and file the documents and work toward phasing out the use of petroleum-based
plastic bags no later than 2014. Seconded by Jones. Motion carried 6-1 with Resnick voting
nay.
Urban Conservation Program and Watershed Management Plan: Communication from
Wayne Klostermann, Chair – Environmental Stewardship Advisory Commission,
recommending that the City support and fund the Urban Conservation program and Watershed
Management Plan for the Catfish Creek watershed basin. Motion by Lynch to receive and file
the documents and refer to staff. Seconded by Braig. Motion carried 7-0.
Air Service Support Request: City Manager recommending leveraging $150,000 revenue
guarantee money as a match for a Federal/State Small Community Air Service Grant
application with other partners to develop a pool of $856,045 to enhance air service, which
could include a fourth flight. Motion by Connors to receive and file the documents and approve
the recommendation. Seconded by Lynch. Motion carried 7-0.
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Five Flags Theater 100 Birthday Entryway Renovation Project – Phase 1: City Manager
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recommending approval of the funding of Phase I of the Five Flags Theater 100 Birthday
Entryway Renovations. Motion by Connors to receive and file the documents and approve the
recommendation. Seconded by Resnick. Motion carried 7-0.
Revocable Permit – Art Pape Transfer, Inc.: City Manager recommending revocation of
Ordinance No. 62-94 for Art Pape Transfer, Inc. to operate a private parking lot on City-owned
property. Motion by Jones to receive and file the documents and that the requirement that a
proposed ordinance be considered and voted on for passage at two Council meetings prior to
the meeting at which it is to be passed be suspended. Seconded by Connors. Motion carried
7-0.
Motion by Jones for final consideration and passage of Ordinance No. 52-10 Revoking the
Revocable Permit granted by Ordinance No. 62-04 to Art Pape Transfer, Inc. to operate and
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maintain a parking lot located on East 12 Street, just east of Highway 61/151. Seconded by
Connors. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 52-10
REVOKING THE REVOCABLE PERMIT GRANTED BY ORDINANCE NO. 62-94 TO ART
PAPE TRANSFER, INC. TO OPERATE AND MAINTAIN A PARKING LOT LOCATED ON
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EAST 12 STREET, JUST EAST OF HIGHWAY 61/151
Whereas, Ordinance No. 62-94 granted a revocable permit to Art Pape Transfer, Inc., to
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operate and maintain a parking lot located on East 12 Street, just east of Highway 61/151;
and
Whereas, the City Council has determined that the permit should now be revoked.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The permit granted by Ordinance No. 62-94 and all permission and authority to
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occupy the East 12 Street right-of-way is hereby revoked.
Section 2. This ordinance shall take effect on publication.
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Passed, adopted and approved this 7 day of September, 2010.
/s/Roy D. Buol, Mayor
Attest: /s/Jeanne F. Schneider, CMC, City Clerk
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Published in the Telegraph Herald Newspaper the 11 day of September, 2010.
/s/Jeanne F. Schneider, CMC, City Clerk
City of Bellevue, Iowa: Communication from Mayor Virgil Murray, City of Bellevue, thanking
the City Council for their efforts in the Sedgwick expansion project. Motion by Connors to
receive and file the document. Seconded by Braig. Mayor Pro-Tem Braig read the letter into
the record. Motion carried 7-0.
Sister City Letter: Communication from Mayor Roy D. Buol to Mr. Wolfgang Rümmele,
Mayor of Dornbirn, Austria, regarding a formal Sister City relationship. Motion by Voetberg to
receive and file the document and approve the letter. At the Mayor’s request, City Council
discussed the current format of the Sister City Committee and its membership. Consideration
was given to a more formal structure and membership appointment process, which would
include additional City staff and business partnerships. Council Members Lynch and Voetberg,
who currently sit on the Sister City Committee, agreed to a review. Seconded by Resnick.
Motion carried 7-0.
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National League of Cities: Communication from the National League of Cities requesting
that the City designate a voting delegate and alternate voting delegate for the upcoming
National League of Cities Annual Business meeting on December 4, 2010. Motion by Lynch to
receive and file the documents and appoint Mayor Buol and Council Member Connors as the
voting delegate and alternate respectively. Seconded by Braig. Motion carried 7-0.
COUNCIL MEMBER REPORTS
Connors reported on the possibility of banning backyard recreational fires due to several
complaints received. Jones added that the City has an ordinance that already regulates
recreational fires and sees it as an enforcement issue. Voetberg added that the City’s
geography aggravates the flow of smoke and a complaint process is already in place.
Resnick reported on the need to solve traffic issues at N. Grandview Avenue and Clarke
Drive related to Senior High School.
PUBLIC INPUT
Sgt. Lee Harlow Andre, 1175 Highland Place, addressed the Council regarding the pet park,
but was gaveled off by Mayor Buol for making inappropriate remarks.
There being no further business, upon motion the City Council adjourned at 9:00 p.m.
/s/Jeanne F. Schneider, CMC
City Clerk
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