2 20 12 City Council Proceedings Official_Special and RegularCITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
OFFICIAL
The Dubuque City Council met in special session at 5:00 p.m. on February 20, 2012
in the Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol; Council Members Braig, Connors, Jones, Lynch, Resnick,
Sutton; City Manager Van Milligen, City Attorney Lindahl
Mayor Buol read the call and stated this is a special session of the City Council to
conduct the quarterly work session on Sustainable Dubuque.
WORK SESSION
Sustainable Dubuque Quarterly Update
Sustainable Dubuque Coordinator Cori Burbach provided an overview of the work
session and stated that Sustainable Dubuque activities apply cross all pillars of
sustainability, this session will focus more closely to the Environmental Integrity
principle. Highlighted topics included:
• Identification of Core Network and Advisory Network members and the Sustaina-
ble Dubuque Community
• Sustainable Dubuque Indicators, committee members and project partners
• Overview: vision, project goals, methodology, sample indicator, looking forward
• Vision: awareness of Dubuque's Sustainability Principles, Assess Dubuque's
sustainability, strategically improve sustainability, Dubuque as a sustainability
leader
• Project Goals: 1) develop a comprehensive understanding of sustainability, 2) se-
lect indicators, 3) measure and establish baselines, 3) compare Dubuque to oth-
er cities, 4) write indicator reports
• Methodology: 1) Preliminary investigation, 2) Indicator database, 3) Established
indicators for consideration, 4) Indicator refinement phase, 5) Public engage-
ment, 6) Reviewed and finalized indicators, 7) Collect data
• Public Engagement: Focus groups with Dubuque Performance Metris Commit-
tee, City Council work session, focus Group with Sustainable Dubuque Collabo-
ration Committee and city staff, community open house
• Data Contacts
• Sustainable Dubuque Indicators: 59 indicators for the principles of Economy, So-
cial Equity, Environment
• Comparison Cities and Criteria
• Indicator Example: Principle: Green Buildings; Theme: Housing Affordability; In-
dicator: percent of households living in affordable housing
• Affordable Housing in Dubuque: owner - occupied and renter - occupied, compari-
son of housing affordability
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• Looking ahead: focus group session and community open house March 20,
2012, short -term and long -term reports April /May 2012, City Council update in
May 2012
• City Savings: energy efficiency projects and successful state /federal grant fund-
ing
• Green Iowa Americorps: Marketing Coordinator Brandon Gibbons presented the
mission statement and information relative to residential weatherization, efficien-
cy improvements, education, community outreach, and volunteer - generating pro-
jects
• Media Outlets
• Jule Fleet Replacements Statistics
• Impact to Local Businesses and Residents
• Clean Air Attainment Strategy: Rick Dickinson, Executive Director of Greater
Dubuque Development Corporation, provided information on the cause and ef-
fect of air particulates, clean air attainment and the impact on the local economy
• Smarter Sustainable Dubuque: David Lyons presented updated information on
the Smarter Water, Electrical, Travel, and Health programs.
• Review of the Sustainable Dubuque Task Force, Dubuque 2.0 and Community
Engagement Phase II
There being no further business, upon motion the City Council adjourned at 6:27 p.m.
/s /Kevin S. Firnstahl
City Clerk
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CITY OF DUBUQUE, IOWA
CITY COUNCIL MEETING
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in regular session at 6:30 p.m. on February 20, 2012
in the Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol; Council Members Braig, Connors, Jones, Lynch, Resnick,
Sutton; City Manager Van Milligen, City Attorney Lindahl
Mayor Buol read the call and stated this is a regular session of the City Council called
for the purpose of conducting such matters which may properly come before the City
Council.
PLEDGE OF ALLEGIANCE
MOMENT OF SILENCE
PROCLAMATION(S)
Problem Gambling Awareness Week was accepted by Allison Schwab of the
Substance Abuse Services Center; Strong Healthy Students Week was accepted by
U.S. Army SFC Thomas Dow.
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and
dispose of as indicated. Seconded by Resnick. Motion carried 7 -0.
Minutes and Reports Submitted: Airport Commission of 11/14/11, City Council
Proceedings of 2/6/12 and 2/9/12, Civil Service Commission of 12/12/11 and 2/2/12,
Safe Community Advisory Committee of 12/14/11, Zoning Advisory Commission of
2/1/12, Zoning Board of Adjustment of 1/26/12, Proof of Publication for City Council
Proceedings of 1/30/12. Upon motion the documents were received and filed.
Claims and Suits: Milton Foulks for vehicle damage, Gerald Hingtgen for personal
injury, Christina Houselog for vehicle damage, Gary and Shirley Jameson for property
damage, Judge Real Estate for property damage, Duane Koppes for vehicle damage,
Mark and Lisa Krieg for property damage, Stephen and Renee Schreiner for property
damage, Jeremy and Sabrina Vandal for property damage. Upon motion the documents
were received, filed and referred to the City Attorney.
Disposition of Claims and Suits: 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: Milton Foulks for vehicle damage, Christina Houselog for
vehicle damage, Lisa Krieg for property damage, Sabrina Vandal for property damage.
Upon motion the documents were received, filed and concurred.
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Plat of Survey - Catfish Creek Place (1500 Miller Road): Zoning Advisory
Commission recommending approval of the Plat of Survey for Catfish Creek Place
(1500 Miller Road) subject to waiving the lot frontage requirement for Lot 1. Upon
motion the documents were received and filed and Resolution No. 37 -12 Approving the
Plat of Survey for Catfish Creek in the City of Dubuque was adopted.
RESOLUTION NO. 37 -12
APPROVING THE PLAT OF SURVEY CATFISH CREEK PLACE IN CITY OF
DUBUQUE, IOWA
Whereas, there has been filed with the City Clerk a Plat of Survey Catfish Creek
Place in the city of Dubuque, Iowa ; and
Whereas, said Plat of Survey provides 0 feet of frontage for Lot 1 on a public or
approved private street, where 50 feet of street frontage is required by Section 11 -14 of
Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code; and
Whereas, said Plat of Survey has been examined by the Zoning Advisory
Commission and had its approval endorsed thereon; and
Whereas, said Plat of Survey has been examined by the City Council and they find
that it conforms to the statutes and ordinances relating thereto.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Section 11 -14 of Title 16 of the City of Dubuque Code of Ordinances,
Unified Development Code, is waived to allow 0 feet of frontage on a public street or an
approved private street for Lot 1.
Section 2.That the Plat of Survey Catfish Creek Place is hereby approved and the
Mayor and City Clerk are hereby authorized and directed to endorse the approval of the
City of Dubuque, Iowa upon said Plat of Survey.
Passed, approved and adopted this 20th day of February, 2012.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Urban Revitalization Program Applications - Calendar Year 2011: City Manager
recommending approval of 20 applications for residential property tax exemption. Upon
motion the documents were received and filed and Resolution No. 38 -12 Approving
property tax abatement applications submitted by property owners in recognized Urban
Revitalization Areas and authorizing the transmittal of the approved applications to the
City Tax Assessor was adopted.
RESOLUTION NO. 38 -12
APPROVING PROPERTY TAX ABATEMENT APPLICATIONS SUBMITTED BY
PROPERTY OWNERS IN RECOGNIZED URBAN REVITALIZATION AREAS AND
AUTHORIZING THE TRANSMITTAL OF THE APPROVED APPLICATIONS TO THE
CITY TAX ASSESSOR
Whereas, Chapter 404 of the Code of Iowa, the Urban Revitalization Act, permits
cities to abate property taxes for improvements made to properties in designated
revitalization areas; and
Whereas, the Urban Revitalization Act requires property owners to submit a written
application for abatement by February 1 of the assessment year for which the
abatement is first claimed, and further requires the City Council to approve all
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applications that meet the requirements of the adopted Urban Revitalization Plan and
forward the approved applications to the City Assessor for review by March 1 of each
year; and
Whereas, pursuant to the requirements of said Urban Revitalization Act, the following
Urban Revitalization Areas were established: Washington Neighborhood, West 3rd
Street, West 11th Street, Old Main, and Cathedral; and
Whereas, the City of Dubuque, as of February 1, 2012, received tax abatement
applications from the following property owners in the aforementioned urban
revitalization districts;
Washington Neighborhood Urban Revitalization Area
1856 Washington Street - Richard A. Heim
2105 Washington Street - Jeffrey J. Kieffer
2169 Hines Elm Street — Sara J. Hines
1229 Jackson — LeRoy and Carol Ruden
West 3rd Urban Revitalization Area
1090 West 3rd — David Klaviter & Kara Bunte
West 11th Street Urban Revitalization Area
1105 Highland Place — John Whalen
510 West 11th Street — Gina Kramer & Juan C. Nieto
1344 Locust — Jenelle Westerfield
1059 Spruce Street — Mark & Rhonda Wernimont
1301 Main — Alfred Schieltz
995 Grove Terrace — Joseph Robertson & Jeff Manternach
653 -655 Chestnut- Julie & David Lott
604 Loras — RonHanten
1132 Locust — Quibby Landlord LLC (Judy Davidson)
1134 Locust — Quibby Landlord LLC (Judy Davidson)
1080 Center Place — Jesse & Heather O'Neil
561 Jefferson — Leo Broughton
Old Main Urban Revitalization Area
197 Main- Greenfield Development LLC
Cathedral Urban Revitalization Area
125 Bluff — William F. Coty
305 Jones — Gary Neal Hansen & Dawna M. Duff
Whereas, the Housing and Community Development Department and Building
Services Department have reviewed the above - described applications and inspected
the properties, and have determined that the applications and the improvements
conform to all requirements of the City of Dubuque's Urban Revitalization Plans.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the above - described tax abatement applications meet the require-
ments of the City of Dubuque's Urban Revitalization Plans.
Section 2. That the above - described tax abatement applications are hereby approved
5
by the City Council, subject to the review and approval of the City Assessor.
Section 3. That the City Clerk is hereby authorized and directed to forward the above -
described tax abatement applications to the City Assessor.
Passed, approved and adopted this 20th day of February 2012.
Roy D. Buol, Mayor
Attest: Kevin Firnstahl, City Clerk
Bee Branch Creek Restoration Project - Acquisition of 1517 Maple Street: City
Manager recommending approval to purchase residential property located at 1517
Maple Street owned by Anthony and Debra Zenner for $68,950. Upon motion the
documents were received and filed and Resolution No. 39 -12 Approving the acquisition
of real estate owned by Anthony C. (Tony) and Debra Zenner in the City of Dubuque
was adopted.
RESOLUTION NO. 39 -12
APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY ANTHONY C.
(TONY) AND DEBRA ZENNER IN THE CITY OF DUBUQUE
Whereas, the City of Dubuque intends to acquire certain properties located in the
area of the Bee Branch Creek Restoration Project for stormwater mitigation activities as
recommended in the 2001 "Drainage Basin Master Plan "; and
Whereas, the City of Dubuque has identified a need for a trail parking, public
restroom, and maintenance facility (Facility) for the Bee Branch Creek Restoration
Project; and
Whereas, the City of Dubuque has identified the need to acquire the property owned
by Tony and Debra Zenner to establish the location for the Facility; and
Whereas, a purchase agreement has been finalized with the owner of the property
scheduled for acquisition.
NOW, WHEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1.That the City of Dubuque hereby approves the acquisition of the following
legally described property:
North 1/2 of Lot 287 and the South 1/2 of Lot 287 in East Dubuque No. 2 in the City
of Dubuque, Dubuque County, Iowa, at the cost of Sixty Eight Thousand Nine Hundred
Fifty and 00/100 Dollars ($68,950.00).
Section 2. That the City of Dubuque be and is hereby authorized to accept a
Warranty Deed from the owner, conveying the owner's interest to the City of Dubuque,
Iowa for the herein described real estate.
Section 3. That the City Clerk be and is hereby authorized and directed to cause said
Warranty Deed to be recorded in the office of the Dubuque County Recorder, together
with certified copy of the Resolution.
Section 4. That the City Clerk be and is hereby directed to forward a copy of this
Resolution to the Dubuque County Assessor and the Dubuque County Auditor.
Passed, approved and adopted this 20th day of February, 2012.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
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Catfish Creek Pumping Station Generator Project: City Manager recommending
acceptance of the construction contract for the Catfish Creek Generator Project, as
completed by A &G Electric, in the final contract amount of $92,100, and recommends
authorization of the final payment in the amount of $4,605. Upon motion the documents
were received and filed and Resolution No. 40 -12 Accepting the Catfish Creek Pumping
Station Generator Project and authorizing the payment of the contract amount to the
contractor was adopted.
RESOLUTION NO. 40 -12
ACCEPTING THE CATFISH CREEK PUMPING STATION GENERATOR PROJECT
AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE
CONTRACTOR
Whereas, the Public Improvement Contract for the Catfish Creek Pumping Station
Generator Project has been completed and the Engineer has examined the work stating
the Project has been completed according to the terms of the Public Improvement
Contract and that the Water & Resource Recovery Center Manager recommends that
the Project be accepted; and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the Water & Resource Recovery Center Manger
is approved and the Project is hereby accepted with a final contract amount of
$92,100.00.
Section 2. The Finance Director is hereby directed to pay to the Contractor for the
contract amount of $4,605.00.
Passed, approved and adopted this 20th day of February, 2012.
Roy D. Buol, Mayor
Attest: Kevin Firnstahl, City Clerk
Urban Youth Corps Grant: City Manager recommending approval of the Urban Youth
Corps Grant application to the Iowa Department of Transportation. Upon motion the
documents were received, filed and approved.
Dubuque by Carriage - Lease Amendment: City Manager recommending approval of
a Ninth Amendment to the Lease Agreement with Colleen B. Lindstrom d /b /a Dubuque
by Carriage to extend the original lease of the former Dock Board building located at the
terminus of Commercial Street for a two -year period. Upon motion the documents were
received, filed, and approved.
Homelessness Prevention and Rapid Re- Housing Grant: Correspondence from the
U.S. Department of Housing and Urban Development reminding the City of the grant
expenditure deadlines for the Homelessness Prevention and Rapid Re- Housing
Program Grant. Upon motion the document was received, filed and referred to the City
Manager.
Kaufmann Avenue Utility Project — Acceptance: City Manager recommending
acceptance of the construction contract for the Kaufmann Avenue Utility Project (John
F. Kennedy Road to Chaney Road), as completed by McDermott Excavating, in the final
contract amount of $225,338.91. Upon motion the documents were received and filed
7
and Resolution No. 41 -12 Accepting the Kaufmann Avenue Utility Project (John F.
Kennedy Road to Chaney Road) and authorizing the payment of the contract amount to
the contractor was adopted.
RESOLUTION NO. 41 -12
ACCEPTING THE KAUFMANN AVENUE UTILITY PROJECT (JOHN F. KENNEDY
ROAD TO CHANEY ROAD) AND AUTHORIZING THE PAYMENT OF THE
CONTRACT AMOUNT TO THE CONTRACTOR
Whereas, the Public Improvement Contract for the Kaufmann Avenue Utility Project
(John F. Kennedy Road to Chaney Road) (the Project) has been completed and the
City Engineer has examined the work and filed a certificate stating that the Project has
been completed according to the terms of the Public Improvement Contract and that the
City Engineer recommends that the Project be accepted; and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the City Engineer is approved and the Project is
hereby accepted.
Section 2. The Finance Director is hereby directed to pay to the Contractor from the
Water Main Replacement Program, Catch Basin Maintenance, General Storm Sewer
Repairs, and Street Program Related Sanitary Sewer appropriations for the contract
amount of $225,338.91 less any retained percentage provided for therein as provided in
Iowa Code chapter 573, and to pay such retainage only in accordance with the
provisions of Iowa Code chapter 573.
Passed, approved and adopted this 20th day of February, 2012.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF THE KAUFMANN
AVENUE UTILITY PROJECT (JOHN F. KENNEDY ROAD TO CHANEY ROAD)
The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he
has inspected the Kaufmann Avenue Utility Project (John F. Kennedy Road to Chaney
Road), that the Project has been performed in compliance with the terms of the Public
Improvement Contract, and that the total cost of the completed work is $253,907.28.
Dated this 14th day of February, 2012.
/s /Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the 15th day of February, 2012
/s /Kevin S. Firnstahl, City Clerk
Helping Services for Northeast Iowa - Subcontract Approval: City Manager
recommending approval of the Helping Services of Northeast Iowa subcontract
agreement allowing reimbursement of funds associated with underage alcohol sales
compliance and monitoring checks by the Police Department. Upon motion the
documents were received, filed, and approved.
Hillcrest Family Services - Storm Sewer Easement Acceptance: City Manager
recommending acceptance of a storm sewer easement from Hillcrest Family Services
for storm sewer modifications between Wilbricht Lane and Hillcrest Road. Upon motion
the documents were received and filed and Resolution No. 42 -12 Accepting the grant of
8
an easement for storm sewer under and across a part of Lot 1 and Lot 2 -2 of Peterson
Subdivision No. 2 in the City of Dubuque, Dubuque County, Iowa, was adopted.
RESOLUTION NO. 42 -12
ACCEPTING THE GRANT OF AN EASEMENT FOR STORM SEWER UNDER AND
ACROSS A PART OF LOT 1 AND LOT 2 -2 OF PETERSON SUBDIVISION NO. 2 IN
THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA
Whereas, Hillcrest Family Services has executed a Grant of Easement for Storm
Sewer through, under and across Lot 1 and Lot 2 -2 of Peterson Subdivision No. 2 in the
City of Dubuque, Dubuque County, Iowa.
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, hereby approves of,
accepts and consents to the Grant of Easement for Storm Sewer through, under and
across Lot 1 and Lot 2 -2 of Peterson Subdivision No. 2 in the City of Dubuque,
Dubuque County, Iowa, from Hillcrest Family Services, a copy of which is attached
hereto.
Section 2. The Mayor is hereby authorized and directed to execute and acknowledge
on behalf of the City of Dubuque any instruments in connection herewith.
Passed, approved and adopted this 20th day of February, 2012.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Iowa Department of Transportation - US 52 Catfish Creek Bridge Agreement: City
Manager recommending approval for the Mayor to execute the Iowa Department of
Transportation Funding Agreement for Improvements to US Highway 52, between US
151 /61 to Grandview Avenue. Upon motion the documents were received and filed and
Resolution No. 43 -12 Approving the Iowa Department of Transportation Funding
Agreement (Agreement No. 2012 -12 -023) for the improvements to US Highway 52
(From US 151/61 to Grandview Avenue) was adopted.
RESOLUTION NO. 43 -12
APPROVING THE IOWA DEPARTMENT OF TRANSPORTATION FUNDING
AGREEMENT (AGREEMENT NO. 2012 -12 -023) FOR THE IMPROVEMENTS TO US
HIGHWAY 52 (FROM US 151/61 TO GRANDVIEW AVENUE)
Whereas, the City of Dubuque (City) in partnership with the Iowa Department of
Transportation (Iowa DOT) are proposing to make improvements to US Highway 52,
between US 151/61 to Grandview Avenue, Iowa DOT Project No. NHSX- 052 -2(83) -3H-
31; and
Whereas, the project will provide for the widening and reconstruction of the present
four -lane divided roadway with median barrier and curbs from just north of the
intersection of US 52 with US 61/151 to just north of Grandview Avenue overpass.
Whereas, the projects will also provide for pedestrian ramps, conflict lighting, traffic
signs, storm and sanitary sewer improvements, fiber optic conduit, retaining walls, and
for replacement of the bridge over Catfish Creek/Chicago Central and Pacific
Railroad /Mar Jo Hills Road; and
Whereas, the City will be responsible for paying the costs for fiber optic conduit,
sanitary and storm sewer improvements per the terms and conditions of the Funding
9
Agreement to complete said improvements to US Highway 52, between US 151/61 to
Grandview Avenue, within Dubuque County, Iowa.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That said Funding Agreement (Agreement No. 2012 -12 -023) between the
City of Dubuque and the Iowa Department of Transportation be approved for the
improvements to US Highway 52, between US 151/61 to Grandview Avenue in
Dubuque.
Section 2. That the Mayor be authorized and directed to execute two copies of
Funding Agreement (Agreement No. 2012 -12 -023) for the improvements to US Highway
52, between US 151/61 to Grandview Avenue in Dubuque.
Passed, approved and adopted this 20th day of February, 2012.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Innovation Drive - Green Industrial Acquisition: City Manager recommending
acquisition of Lot A of Lot 3 from Green Industrial for a purchase price of $1,356.54 to
be combined with City property to the north for final platting of the extension of
Innovation Drive. Upon motion the documents were received and filed and Resolution
No. 44 -12 Approving the Acquisition Plat of Lot A of Lot 3 of Dubuque Industrial Center
North First Addition in the City of Dubuque, Dubuque County, Iowa, was adopted.
RESOLUTION NO. 44 -12
APPROVING THE ACQUISITION PLAT OF LOT A OF LOT 3 OF DUBUQUE
INDUSTRIAL CENTER NORTH FIRST ADDITION IN THE CITY OF DUBUQUE,
DUBUQUE COUNTY, IOWA
Whereas, there has been filed with the City Clerk an Acquisition Plat of Lot A of Lot 3
of Dubuque Industrial Center North First Addition in the City of Dubuque, Dubuque
County, Iowa; and
Whereas, upon said Acquisition Plat, the owner, by said Acquisition Plat, has
dedicated to the public a right -of -way for street and utilities forever; and
Whereas, said Acquisition Plat has been examined by the City Planner and had its
approval endorsed thereon; and
Whereas, said Acquisition Plat has been examined by the City Council and they find
that it conforms to the statutes and ordinances relating to it.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the dedication of Lot A of Lot 3 of Dubuque Industrial Center North
First Addition in the City of Dubuque, Dubuque County, Iowa, appears upon the Plat
thereof, be and the same are hereby accepted; and
Section 2. That the Acquisition Plat 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 Acquisition Plat.
Passed, approved and adopted this 20th day of February, 2012.
Attest: Kevin S. Firnstahl, City Clerk
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Roy D. Buol, Mayor
Iowa Department of Transportation - Primary Roads in Municipalities: City Manager
recommending approval of the Five -Year Agreement for Maintenance and Repair of
Primary Roads in Municipalities between the Iowa Department of Transportation and
the City of Dubuque. Upon motion the documents were received, filed, and approved.
Landfill Equipment Operator Position: City Manager recommending approval to
eliminate one Equipment Operator II position in the Public Works department and create
one additional Landfill Equipment Operator position. Upon motion the documents were
received, filed, and approved.
Engine House #1 - Purchase of Service Agreements: City Manager recommending
approval of Purchase of Service Agreements with Crescent Community Health Center
and Operation: New View to provide services to the community in the soon- to -be-
renovated Engine House #1 building (18th Street) which formerly housed the City's
Housing Department offices. Upon motion the documents were received and filed and
Resolution No. 45 -12 Approving a purchase of services agreement with the Crescent
Community Health Center and Operation: New View to provide services in the Engine
House #1 Building was adopted.
RESOLUTION NO. 45 -12
APPROVING OF PURCHASE OF SERVICE AGREEMENTS WITH THE CRESCENT
COMMUNITY HEALTH CENTER AND OPERATION: NEW VIEW TO PROVIDE
SERVICES IN THE ENGINE HOUSE #1 BUILDING.
Whereas, The Engine House #1 building located at 1805 Central Avenue is being
historically renovated; and
Whereas, two non - profit service providers, the Crescent Community Health Center
and Operation: New View will be tenants within the building; and
Whereas, the City Council believes it is in the best interest of the City of Dubuque
assist these organizations to provide services in the Engine House #1 building.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Purchase of Service Agreements with the Crescent Community
Health Center and Operation: New View are hereby approved.
Section 2.The Mayor is authorized to execute the Purchase of Service Agreements.
Passed, approved and adopted this 20th day of February, 2012.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Riverfront Multimodal Freight Study - AECOM Agreement: City Manager
recommending approval of an agreement between the City of Dubuque and AECOM
Technical Services, Inc., for a Riverfront Multimodal Freight Study at an estimated cost
of $25,000. Upon motion the documents were received, filed, and approved.
Smart Planning Consortium Update: City Manager transmitting the Annual Progress
Report for the Dubuque County Regional Smart Plan. Upon motion the documents were
received and filed.
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State Revolving Fund (SRF)- Sponsored Project Proposal Summary: City Manager
recommending City Council support to submit a proposal summary to the Iowa
Department of Natural Resources for State Revolving Loan Fund Secondary Funding
for the Bee Branch Watershed Green Infrastructure Project. Upon motion the
documents were received and filed and Resolution No. 36 -12 Approving an Application
for State Revolving Loan Fund Secondary Funding for the Bee Branch Watershed
Green Infrastructure Project was adopted.
RESOLUTION NO. 36 -12
APPROVING AN APPLICATION FOR STATE REVOLVING LOAN FUND
SECONDARY FUNDING FOR THE BEE BRANCH WATERSHED GREEN
INFRASTRUCTURE PROJECT
Whereas, Iowa Code section 384.82 authorizes a city to carry out projects, borrow
money, and issue revenue bonds and pledge orders to pay all or part of the cost of
projects, which may include a qualified water resource restoration project, such revenue
bonds and pledge orders to be payable solely and only out of the net revenues of the
city utility, combined utility system, city enterprise, or combined city enterprise involved
in the project; and
Whereas, Iowa Code section 384.80(15) provides that a water resource restoration
project means the acquisition of real property or improvements or other activity or
undertaking that will assist in improving the quality of the water in the watershed where
a city water or wastewater utility is located; and
Whereas, Iowa Code section 384.84 provides that the governing body of a city water
or wastewater utility may enter into an agreement with a qualified entity to use proceeds
from revenue bonds for a water resource restoration project if the rate imposed is no
greater than if there was not a water resource restoration project agreement; and
Whereas, City intends to enter into an agreement pursuant to Iowa Code chapter 28E
with the Dubuque Soil and Water Conservation District (District) to undertake water
resource restoration project that have been approved for water quality improvements in
the watershed where City's water or wastewater utility is located; and
Whereas, City has prepared the Bee Branch Watershed Green Infrastructure Project
described in Exhibit A attached hereto (the Project); and
Whereas, City intends to submit an application to the Iowa Department of Natural
Resources for State Revolving Loan Fund Secondary Funding for the Project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Project is hereby approved.
Section 2. The City Manager is authorized and directed to submit an application to
the Iowa Department of Natural Resources for State Revolving Loan Fund Secondary
Funding for the Project.
Passed, approved and adopted this 20th day of February, 2012.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Civil Service Commission: Civil Service Commission submitting the Certified Lists for
the positions of Foreman, Infiltration and Inflow (I &I) Inspector, Landfill Equipment
Operator, and Transit Dispatcher /Scheduler. Upon motion the documents were
received, filed and made a Matter of Record.
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February 2, 2012
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of the Code of Iowa, an examination for the position
of forman was administered on November 9, 2011. We hereby certify that the individu-
als listed below have passed this written examination and the vacancy for this position
should be made from this list and that this list is good for two (2) years from above date.
Forman
Steven Gerardy William Gansen
Jerome Ben Arthur Hedley
Paul Dement Jason DeMaio
Luke Steger Brian Lochner
Robert Barry Jeff Steuer
Respectfully submitted
Daniel White, Chairperson
Betty Takes
Civil Service Commission
February 2, 2012
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of the Code of Iowa, an examination for the position
of Infiltration and Inflow (I &I) Inspector was administered on January 11, 2012. We
hereby certify that the individuals listed below have passed this written examination and
the vacancy for this position should be made from this list and that this list is good for
two (2) years from above date.
Infiltration and Inflow (I &I) Inspector
Rebecca Lamm Jon Herrig
Patrick Donovan Steve Haggerty
David Jackson Dale Mueller
Nicholas Connolly
Jay Valentine
Edward Hansen
John Greenwood
George Nauman
Drew Noel
Honorable Mayor and
Members of the City Council
Tim Ohrtmann
Cole Udelhoven
Brian Kelly
Shaun Gilligan
Tim Neuhaus
Benjamin Gondek
Lauren Wallace
13
Respectfully submitted
Daniel White, Chairperson
Betty Takes
Civil Service Commission
March 15, 2012
In accordance with Chapter 400 of the Code of Iowa, an examination for the position
of Bus Operator was administered on February 28, 2012. We hereby certify that the in-
dividuals listed below have passed this written examination and the vacancy for this po-
sition should be made from this list and that this list is good for two (2) years from above
date.
Landfill Equipment Operator
(Amended and Recertified)
Sidney Turner
John Kruse
Brian Digman
Daniel Mayne
Jesse Kremer
Jay Valentine
Patrick Donovan
William Gansen
Allen Polfer
Shannon Clark
James Sparrgrove
Timothy Neuhaus
Paul Schreier
Charles Thomas
Michael Gruber
Daniel Waller
Brad Petitgout
Greg Griffin
Respectfully submitted,
Daniel White, Chairperson
Betty Takes
Civil Service Commission
February 2, 2012
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of the Code of Iowa, an examination for the position
of Transit Dispatcher /Scheduler was administered on January 18, 2012. We hereby
certify that the individuals listed below have passed this written examination and the va-
cancy for this position should be made from this list and that this list is good for two (2)
years from above date.
Transit Dispatcher /Scheduler
Kari Coble
Shaun Gilligan
Michael Billmeyer
Dawn Ellerbach
John Guerdet
Carla Schmitz
Steven Ough
Jayne Ervolino
Aaron Cigrand
Brent Phillips
Sarah Leifker
Brad Petitgout
and Diane Welp
Angelic Ma
John Everts
Carole Nelson
Thomas Splinter
Brian Becker
Michael Runde
Albert Stuart Jr.
Mark Wagner
Leslie Sweeney
James Finn
Judi Schmitz
Perry Martin
Anthony Petty
14
Respectfully submitted,
Daniel White, Chairperson
Betty Takes
Civil Service Commission
Trees Forever Power of Trees - Grant Agreement: City Manager recommending
approval of the Power of Trees Grant Agreement. Upon motion the documents were
received, filed, and approved.
Improvement Contracts / Performance, Payment and Maintenance Bonds: Green
Alley Permeable Pavers Project (17th -18th Between Jackson and Washington Streets).
Upon motion the documents were received and filed.
Alcohol Compliance - Civil Penalty for Alcohol License Holders: City Manager
recommending approval of the Acknowledgment /Settlement Agreement for an alcohol
compliance violation for HuHot Mongolian Grill. Upon motion the documents were
received, filed, and approved.
Alcohol License Applications: City Manager recommending approval of annual liquor,
beer, and wine licenses as submitted. Upon motion the documents were received and
filed and Resolution No. 46 -12 Approving applications for beer, liquor, and /or wine
permits, as required by City of Dubuque Code of Ordinances Title 4 Business and
License Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine
Licenses and Permits was adopted.
RESOLUTION NO. 46 -12
APPROVING APPLICATIONS FOR BEER, LIQUOR, AND /OR WINE PERMITS, AS
REQUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS
AND LICENSE REGULATIONS, CHAPTER 2 LIQUOR CONTROL, ARTICLE B
LIQUOR, BEER AND WINE LICENSES AND PERMITS
Whereas, applications for Beer, Liquor, and or Wine Permits have been submitted
and filed with the City Council for approval and the same have been examined and
approved; and
Whereas, the premises to be occupied by such applicants were inspected and found
to comply with the Ordinances of the City and the applicants have filed the proper fees
and bonds and otherwise complied with the requirements of the Code of Ordinances.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Bluff Street Brew Haus
Chopper's
Dollar General Store #10074
Dollar General Store #6896
Dollar General Store #7289
Dubuque Mining Co.
Dubuque Religious Center
Eagles Club
372 Bluff St.
601 Rhomberg Ave.
2400 Gateway Dr.
605 West Locust St.
3250 Kennedy Cir. Ste 9
555 JFK Rd.
923 Main St.
1175 Century Dr.
15
Class B Native Wine (Sunday)
Class C Liquor (Sunday)
Class C Beer, Class B Wine
(Sunday)
Class C Beer, Class B Wine
(Sunday)
Class C Beer, Class B Wine
(Sunday)
Class C Liquor, Outdoor Service
(Sunday)
Class B Wine (Sunday)
Class C Liquor, Outdoor Service
(Sunday)
Fareway Stores, Inc. #114
Gin Rickeys
Ground Round Restaurant
Hammerheads Bar &Billiards
Marella
Mindframe Theaters
National Mississippi River
Museum & Aquarium
Northside Bar, Inc.
Oky Doky #8 Foods
Pusateris
Salsa's Mexican Restaurant
The Clubhouse
The District
Tony's Place
Yardarm Restaurant & Bar
2050 JFK Rd.
1447 Central Av
50 JFK Rd.
2095 Kerper Blvd
700 Locust
555 JFK #105
350 E 3rd St.
2776 Jackson St.
535 Hill St. Suite A
2400 Central Ave.
1091 Main St.
2364 Washington
1700 Central Ave.
1701 Central Ave.
1201 Shiras Ave., Ext.
Class E Liquor, Class B Wine,
Class C Beer
Class C Liquor (Sunday)
Class C Liquor (Sunday)
Class C Liquor (Sunday)
Class B Native Wine
Special Class C Liquor (Sunday)
Class B Native Wine (Sunday)
Class C Liquor, Outdoor Service
(Sunday)
Class C Beer, Class B Wine
(Sunday)
Special Class C Liquor (Sunday)
Class C Liquor (Sunday)
Class C Liquor (Sunday)
Class C Liquor
Class C Liquor
Class C Liquor License, Outdoor
Service (Sunday)
Section 1. The City Clerk is hereby authorized and directed to cause to be issued the
following named applicants and permit types.
Passed, approved and adopted this 20th day of February, 2012.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
ITEMS TO BE SET FOR PUBLIC HEARING
Motion by Lynch to receive and file the documents, adopt the resolutions, and
dispose of as indicated. Seconded by Connors. Motion carried 7 -0.
Fiscal Year 2013 Budget: City Manager recommending that a public hearing be set
for March 7, 2012, on the Fiscal Year 2013 City Budget, Operating and Capital
Improvement Program, for the City of Dubuque. Upon motion the documents were
received and filed and Resolution No. 47 -12 Setting the date for the public hearing on
the Fiscal Year 2013 Budget for the City of Dubuque; and Resolution No. 48 -12 Setting
the date for the public hearing on the Five -Year Capital Improvement Program for Fiscal
Years 2013 through 2017 for the City of Dubuque was adopted setting a public hearing
for a meeting to commence at 6:30 p.m. on March 7, 2012 in the Historic Federal
Building.
RESOLUTION NO. 47 -12
SETTING THE DATE FOR THE PUBLIC HEARING ON THE FISCAL YEAR 2013
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 the Fiscal Year 2013 budget before the final budget
certification date and shall publish notice before the hearing as provided in Iowa Code
16
Section 362.3.
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 the proposed
Fiscal Year 2011 budget for the City of Dubuque in the City Council Chambers at the
Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, on Wednesday, March 7,
2012, 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.
Passed, approved and adopted this 20th day of February, 2012.
Roy D. Buol, Mayor
Attest: Kevin Firnstahl, City Clerk
RESOLUTION NO. 48 -12
SETTING THE DATE FOR THE PUBLIC HEARING ON THE FIVE -YEAR CAPITAL
IMPROVEMENT PROGRAM FOR FISCAL YEARS 2013 THROUGH 2017 FOR THE
CITY OF DUBUQUE
Whereas, a proposed Five -Year Capital Improvement Program for the City of
Dubuque for Fiscal Years 2013 through 2017 has been prepared and submitted to the
City Council; and
Whereas, the capital projects for the first year of the program are included in the
Fiscal Year 2013 budget for the City of Dubuque; and
Whereas, it is deemed to be in the best interest of the City of Dubuque to conduct a
public hearing and adopt the five -year Capital Improvement Program simultaneously
with the public hearing and adoption of the Fiscal Year 2013 budget for the City of
Dubuque.
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 the five -year
Capital Improvement Program for Fiscal Years 2013 through 2017 in the City Council
Chambers at the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, on
Wednesday, March 7, 2012, 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.
Passed, approved and adopted this 20th day of February, 2012.
Roy D. Buol, Mayor
Attest: Kevin Firnstahl, City Clerk
Flint Hills Resources Pine Bend, LLC - Riverfront Lease: City Manager
recommending that a public hearing be set for March 5, 2012 to consider a proposed
riverfront lease with Flint Hills Resources Pine Bend, LLC. Upon motion the documents
were received and filed and Resolution No. 49 -12 Resolution Intent to dispose of an
interest in real property owned by the City of Dubuque by lease between the City of
Dubuque, Iowa and Flint Hills Resources Pine Bend, LLC, a Delaware Limited Liability
Company was adopted setting a public hearing for a meeting to commence at 6:30 p.m.
on March 5, 2012 in the Historic Federal Building.
17
RESOLUTION NO. 49 -12
INTENT TO DISPOSE OF AN INTEREST IN REAL PROPERTY OWNED BY THE
CITY OF DUBUQUE BY LEASE BETWEEN THE CITY OF DUBUQUE, IOWA AND
FLINT HILLS RESOURCES PINE BEND, LLC, A DELAWARE LIMITED LIABILITY
COMPANY
Whereas, the City of Dubuque, Iowa (City) is the owner of the real property legally
described as follows:
A part of unplatted slough and Government Lot 3, Section 19, Township 89 North,
Range 3 East, 5th Principle Meridian in the City of Dubuque, Dubuque County, Iowa as
shown on the attached Exhibit B; and
Whereas, Flint Hills Resources Pine Bend, LLC desires to lease a part of the property
as shown on Exhibit B, attached hereto, for industrial uses and other river related
business activities upon the terms set forth in a Lease Agreement which is on file at the
office of the City Clerk, City Hall, 13th and Central Avenue, Dubuque, Iowa; and
Whereas, City and Flint Hills Resources Pine Bend, LLC have tentatively agreed to
the Lease Agreement, which among other things, provides for a term through March 31,
2024; and
Whereas, the City Council believes it is in the best interest of the City of Dubuque to
approve the Lease Agreement.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City of Dubuque intends to dispose of its interest in the foregoing -
described real property by Lease Agreement between City and Flint Hills Resources
Pine Bend, LLC.
Section 2. The City Clerk is hereby authorized and directed to cause this Resolution
and a notice to be published as prescribed by Iowa Code Section 364.7 of a public
hearing on the City's intent to dispose of the foregoing- described real property by lease,
to be held on the 5th day of March, 2012, at 6:30 o'clock p.m. at the Historic Federal
Building, Council Chambers, 350 W. 6th Street, Dubuque, Iowa.
Passed, approved and adopted this 20th day of February, 2012.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Vacating Petition - Portion of Innovation Drive: City Manager recommending approval
of the request to vacate Innovation Drive at its northerly terminus, that the vacated
portion of Innovation Drive (Lot 2 -B) be combined with City property to the east for final
platting, and that easements for utilities be reserved over the entire vacated area. It is
further recommended that a public hearing be set for March 5, 2012 on the vacation of
this area. Upon motion the documents were received and filed and Resolution No. 50-
12 Approving Plat of Lot 1 -B and 2 -B of Dubuque Industrial Center North First Addition
in the City of Dubuque, Dubuque County, Iowa; and Resolution No. 51 -12 Resolution of
intent to vacate a portion of Innovation Drive in the City of Dubuque, Dubuque County,
Iowa, were adopted setting a public hearing for a meeting to commence at 6:30 p.m. on
March 5, 2012 in the Historic Federal Building.
18
RESOLUTION NO. 50 -12
APPROVING PLAT OF LOT 1 -B AND 2 -B OF DUBUQUE INDUSTRIAL CENTER
NORTH FIRST ADDITION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA
Whereas, there has been presented to the City Council of the City of Dubuque, Iowa,
a plat dated the 30th day of January, 2012, prepared by IIW, P.C. dividing the right -of-
way of Innovation Drive for vacating purposes to be known as Lots 1 -B and 2 -B of
Dubuque Industrial Center North First Addition in the City of Dubuque, Dubuque
County, Iowa; and
Whereas, said plat conforms to the laws and statutes pertaining thereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the plat dated the 30th day of January, 2012, prepared by IIW, P.C.,
relative to the real estate hereinabove described be and the same is hereby approved,
and the Mayor and City Clerk be and they are hereby authorized and directed to
execute said plat for and on behalf of the City of Dubuque, Iowa.
Section 2. The City of Dubuque reserves unto itself a perpetual easement including
the right of ingress and egress thereto, for the purpose of erecting, installing,
constructing, reconstructing, repairing, owning, operating, and maintaining water, sewer,
drainage, gas, telephone, television cable, fiber optics, electric lines and other utilities
as may be authorized by the City of Dubuque, as shown on said Plat of Lots 1 -B and 2-
B of Dubuque Industrial Center North First Addition in the City of Dubuque, Dubuque
County, Iowa.
Section 3. That the City Clerk be and is hereby authorized and directed to file said
plat and certified copy of this resolution in the office of the Recorder in and for Dubuque
County, Iowa.
Passed, approved and adopted this 20th day of February, 2012.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 51 -12
INTENT TO VACATE A PORTION OF INNOVATION DRIVE IN THE CITY OF
DUBUQUE, DUBUQUE COUNTY, IOWA
Whereas, City of Dubuque Economic Development has requested the vacating of a
portion of Innovation Drive; and
Whereas, IIW, PC has prepared and submitted to the City Council a plat showing the
vacated portion of Innovation Drive and assigned a lot number thereto, which
hereinafter shall be known and described as Lot 2 -B of Dubuque Industrial Center North
First Addition in the City of Dubuque, Dubuque County, Iowa.
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 Lot 2 -B of Dubuque Industrial
Center North First Addition in the City of Dubuque, Dubuque County, Iowa.
Section 2. The City of Dubuque reserves unto itself a perpetual easement including
the right of ingress and egress thereto, for the purpose of erecting, installing,
constructing, reconstructing, repairing, owning, operating, and maintaining water, sewer,
drainage, fiber optics, gas, telephone, television cable, electric lines and other utilities
as may be authorized by the City of Dubuque, Iowa, as shown on the Plat of Survey of
19
Lot 2 -B of Dubuque Industrial Center North First Addition in the City of Dubuque,
Dubuque County, Iowa.
Section 3. That the City Clerk be and is hereby authorized and directed to cause a
notice of intent to vacate to be published in the manner as prescribed by law.
Passed, approved and adopted this 20th day of February, 2012.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
BOARDS /COMMISSIONS
Applicants were invited to address the City Council regarding their desire to serve on
the following Boards /Commissions:
Cable TV Commission (New Commission): 7 Three -Year staggered terms (To be
determined at the March 5, 2012 meeting.) Applicants: George Herrig, 2395 W. 32nd
Street; Sr. Carol Hoverman, 1555 White Street (Additional Applicant); Pauline Maloney,
506 St. George Street; Kevin Stevens, 2016 Golden Eagle Drive; Jennifer Tigges, 4927
Wild Flower Drive; and Alan Vincent, 1010 Dunham Drive.
Mechanical Board: 2 three -year terms through March 16, 2015 (Expiring terms of
Grothe and Valaskey). Applicants: David Grothe, 2544 Elm Street; and Corey Valaskey,
1385 Alta Vista Street.
PUBLIC HEARINGS
Upon motion the rules were suspended allowing anyone present to address the City
Council.
Request to Rezone - 3051 Brunskill Road: Proof of publication on notice of public
hearing to consider a request to rezone property located at 3051 Brunskill Road from R-
1 Single - Family Residential District to R -3 Moderate Density Multi - Family District as
submitted by Dan McDermott /Darlene Leibold Trust and the Zoning Advisory
Commission recommending approval. Motion by Lynch to receive and file the
documents and that the requirement that a proposed ordinance be considered and
voted on for passage at two Council meetings prior to the meeting at which it is to be
passed be suspended. Seconded by Jones. Planning Services Manager Laura
Carstens provide a staff report. Kay Wagner, 2711 Brunskill Road, spoke in opposition
to the request on behalf of herself and adjacent property owners. Motion carried 7 -0.
Motion by Lynch for final consideration and passage of Ordinance No. 12 -12
Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development
Code, by reclassifying hereinafter described property located at 3051 Brunskill Road
from R -1 Single - Family Residential District to R -3 Moderate Density Multi - Family
District. Seconded by Jones. Motion carried 7 -0.
20
OFFICIAL PUBLICATION
ORDINANCE NO. 12 -12
AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI-
FIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED
PROPERTY LOCATED AT 3051 BRUNSKILL ROAD FROM R -1 SINGLE - FAMILY
RESIDENTIAL DISTRICT TO R -3 MODERATE DENSITY MULTI - FAMILY DISTRICT
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Devel-
opment Code, is hereby amended by reclassifying the hereinafter described property
from R -1 Single - Family Residential District to R -3 Moderate Density Multi - Family Dis-
trict, to wit:
Lot 1 -1 -3 Mineral Lot 288, Lot 2 -1 -3 Mineral Lot 228, Lot 2 -2 -1 Mineral Lot 288
and Lot 2 -3 Mineral Lot 288, and to the centerline of the adjoining public right -of-
way, all in the City of Dubuque, Iowa.
Section 2. The foregoing amendment has heretofore been reviewed by the Zoning
Advisory Commission of the City of Dubuque, Iowa.
Section 3. This Ordinance shall take effect upon publications, as provided by law.
Passed, approved and adopted the 20th day of February, 2012.
/s /Roy D. Buol, Mayor
Attest: /s /Kevin Firnstahl, City Clerk
Published officially in the Telegraph Herald Newspaper on the 24th day of February,
2012.
/s /Kevin S. Firnstahl, City Clerk
Request to Rezone - Lot 3 Holliday Addition: Proof of publication on notice of public
hearing to consider a request to rezone Lot 3 Holliday Addition (south of Aldi's on
Holliday Drive) from PC Planned Commercial District to C -3 General Commercial
District as submitted by Gomer Holliday Development, LLC, and the Zoning Advisory
Commission recommending approval. Motion by Connors to receive and file the
documents and that the requirement that a proposed ordinance be considered and
voted on for passage at two Council meetings prior to the meeting at which it is to be
passed be suspended. Seconded by Lynch. Developer Steve Smith, 2150 Tuscany
Ridge Drive, spoke in support of the request. Planning Services Manager Laura
Carstens provided a staff report. Motion carried 7 -0.
Motion by Connors for final consideration and passage of Ordinance No. 13 -12
Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development
Code, by reclassifying hereinafter described property located near the northeast corner
of Holliday and Payton Drives from PC Planned Commercial District to C -3 General
Commercial District. Seconded by Jones. Motion carried 7 -0.
21
OFFICIAL PUBLICATION
ORDINANCE NO. 13 -12
AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI-
FIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED
PROPERTY LOCATED NEAR THE NORTHEAST CORNER OF HOLLIDAY AND
PAYTON DRIVES FROM PC PLANNED COMMERCIAL DISTRICT TO C -3 GENERAL
COMMERCIAL DISTRICT
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Devel-
opment Code, is hereby amended by reclassifying the hereinafter described property
from PC Planned Commercial District to C -3 General Commercial District, to wit: Lot 3
Holliday Addition, and to the centerline of the adjoining public right -of -way, all in the City
of Dubuque, Iowa.
Section 2. The foregoing amendment has heretofore been reviewed by the Zoning
Advisory Commission of the City of Dubuque, Iowa.
Section 3. This Ordinance shall take effect upon publications, as provided by law.
Passed, approved and adopted the 20th day of February, 2012.
/s /Roy D. Buol, Mayor
Attest: /s /Kevin Firnstahl, City Clerk
Published officially in the Telegraph Herald Newspaper on the 24th day of February,
2012.
/s /Kevin S. Firnstahl, City Clerk
Theisen Supply, Inc. - Dubuque Industrial Center West Expansion: Proof of
publication on notice of public hearing to consider approval of a Development
Agreement, which includes the sale of approximately 5.7 acres to Leo Theisen for the
purpose of constructing an 80,000 sq. ft. warehouse expansion for Theisen's Supply,
Inc., and the City Manager recommending approval. Motion by Jones to receive and file
the documents and adopt Resolution No. 52 -12 Approving a development agreement
providing for the sale of 5.7 acres in the Dubuque Industrial Center West to Leo A.
Theisen and Theisen Supply, Inc. Seconded by Connors. Motion carried 7 -0.
RESOLUTION NO. 52 -12
APPROVING A DEVELOPMENT AGREEMENT PROVIDING FOR THE SALE OF 5.7
ACRES IN THE DUBUQUE INDUSTRIAL CENTER WEST TO LEO A. THEISEN AND
THEISEN SUPPLY, INC.
Whereas, the City Council, by Resolution No. 29 -12, dated February 6, 2012
declared its intent to enter into a Development Agreement with Leo A. Theisen and
Theisen Supply, Inc. for the sale of 5.7 acres in the Dubuque Industrial Center West
(the Property); and
Whereas, pursuant to published notice, a public hearing was held on the proposed
disposition on February 20, 2012 at 6:30 p.m. in the Historic Federal Building, 350 W.
6th Street, Dubuque, Iowa; and
Whereas, it is the determination of the City Council that approval of the Development
Agreement for the sale to and development of the Property by Leo A. Theisen according
to the terms and conditions set out in the Development Agreement is in the public
22
interest of the City of Dubuque.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the attached Development Agreement by and between the City of
Dubuque, Leo A. Theisen and Theisen Supply, Inc. for the sale of the Property is
hereby approved.
Section 2. That the Mayor is hereby authorized and directed to execute the
Development Agreement on behalf of the City and City Clerk is authorized and directed
to attest to his signature.
Section 3. That the Mayor and City Clerk are hereby authorized and directed to
execute and deliver a Special Warranty Deed for the Property as provided in the
Development Agreement.
Section 4. That the City Manager is authorized to take such actions as are necessary
to comply with the terms of the Development Agreement as herein approved.
Passed, approved and adopted this 20th day of February, 2012.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
Proceedings to Complete Action on Issuance of $4,380,000 General Obligation
Urban Renewal Bonds, Series 2012A and $7,495,000 General Obligation Bonds, Series
2012B: City Manager recommending approval of the suggested proceedings to
complete the action required on the recent Series 2012A and 2012B bond issuance.
Motion by Braig to receive and file the documents and adopt Resolution No. 53 -12
Authorizing and Providing for the issuance of $4,380,000 General Obligation Urban
Renewal Bonds, Series 2012A, and levying a tax to pay said bonds; Resolution No. 54-
12 Appointing Wells Fargo Bank, National Association of Minneapolis, Minnesota, 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; Resolution No. 55 -12 Authorizing and providing for the issuance of
$7,495,000 General Obligation Bonds, Series 2012B, and levying a tax to pay said
bonds; and Resolution No. 56 -12 Appointing Wells Fargo Bank, National Association of
Minneapolis, Minnesota, 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. Seconded by Connors. Motion carried 7 -0.
RESOLUTION NO. 53 -12
AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $4,380,000 GENERAL
OBLIGATION URBAN RENEWAL BONDS, SERIES 2012A, AND LEVYING A TAX
TO PAY SAID BONDS
Whereas, the Issuer is duly incorporated, organized and exists under and by virtue of
the laws and Constitution of the State of Iowa; and
Whereas, the Issuer is in need of funds to pay costs of aiding in the planning, under-
taking and carrying out of urban renewal project activities under the authority of Chapter
403 of the Code of Iowa and the Amended and Restated Urban Renewal Plan for the
23
Greater Downtown Urban Renewal District, including those costs associated with the
construction of an intermodal transportation center, an essential corporate purpose, and
it is deemed necessary and advisable that General Obligation Urban Renewal Bonds be
issued for said purpose; and
Whereas, pursuant to notice published as required by Section 384.25 of said Code,
this Council has held a public meeting and hearing upon the proposal to institute pro-
ceedings for the issuance of said Bonds to the amount of not to exceed $5,000,000, and
the Council is therefore now authorized to proceed with the issuance of $4,380,000
General Obligation Urban Renewal Bonds, Series 2012A; and
Whereas, pursuant to the provisions of Chapter 75 of the Code of Iowa, the above
mentioned Bonds were heretofore sold at public sale and action should now be taken to
issue said Bonds conforming to the terms and conditions of the best bid received at the
advertised public sale.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Definitions. The following terms shall have the following meanings in this
Resolution unless the text expressly or by necessary implication requires otherwise:
❑ "Authorized Denominations" shall mean $5,000 or any integral multiple thereof.
❑ "Beneficial Owner" shall mean the person in whose name such Bond is recorded as
the beneficial owner of a Bond by a Participant on the records of such Participant or
such person's subrogee.
❑ "Bond Fund" shall mean the fund created in Section 3 of this Resolution.
❑ "Bonds" shall mean $4,380,000 General Obligation Urban Renewal Bonds, Series
2012A, authorized to be issued by this Resolution.
❑ "Cede & Co." shall mean Cede & Co., the nominee of DTC, and any successor
nominee of DTC with respect to the Bonds.
❑ "Continuing Disclosure Certificate" shall mean that certain Continuing Disclosure
Certificate executed by the Issuer and dated the date of issuance and delivery of the
Bonds, as originally executed and as it may be amended from time to time in accord-
ance with the terms thereof.
❑ "Depository Bonds" shall mean the Bonds as issued in the form of one global certifi-
cate for each maturity, registered in the Registration Books maintained by the Regis-
trar in the name of DTC or its nominee.
❑ "DTC" shall mean The Depository Trust Company, New York, New York, a limited
purpose trust company, or any successor book -entry securities depository appointed
for the Bonds.
❑ "Issuer" and "City" shall mean the City of Dubuque, Iowa.
❑ "Participants" shall mean those broker - dealers, banks and other financial institutions
for which DTC holds Bonds as securities depository.
❑ "Paying Agent" shall mean Wells Fargo Bank, National Association, or such suc-
cessor as may be approved by Issuer as provided herein and who shall carry out the
duties prescribed herein as Issuer's agent to provide for the payment of principal of
and interest on the Bonds as the same shall become due.
❑ "Project Fund" shall mean the fund required to be established by this Resolution for
the deposit of the proceeds of the Bonds.
❑ "Rebate Fund" shall mean the fund so defined in and established pursuant to the
Tax Exemption Certificate.
24
❑ "Registrar" shall mean Wells Fargo Bank, National Association of Minneapolis, Min-
nesota, or such successor as may be approved by Issuer as provided herein and
who shall carry out the duties prescribed herein with respect to maintaining a register
of the owners of the Bonds. Unless otherwise specified, the Registrar shall also act
as Transfer Agent for the Bonds.
❑ "Representation Letter" shall mean the Blanket Issuer Letter of Representations ex-
ecuted and delivered by the Issuer to DTC on file with DTC.
❑ "Resolution" shall mean this resolution authorizing the Bonds.
❑ "Tax Exemption Certificate" shall mean the Tax Exemption Certificate executed by
the Treasurer and delivered at the time of issuance and delivery of the Bonds.
❑ "Treasurer" shall mean the Finance Director or such other officer as shall succeed
to the same duties and responsibilities with respect to the recording and payment of
the Bonds issued hereunder.
Section 2. Levy and Certification of Annual Tax; Other Funds to be Used.
(a) Levy of Annual Tax. That for the purpose of providing funds to pay the principal
and interest of the Bonds hereinafter authorized to be issued, there is hereby levied for
each future year the following direct annual tax on all of the taxable property in Dubu-
que, Iowa, to -wit:
AMOUNT FISCAL YEAR
(JULY 1 TO JUNE 30)
YEAR OF COLLECTION
$124,881 2012/2013
$308,113 2013/2014
$304,013 2014/2015
$304,913 2015/2016
$300,713 2016/2017
$301,513 2017/2018
$302,213 2018/2019
$302,813 2019/2020
$298,313 2020/2021
$298,813 2021/2022
$304,213 2022/2023
$304,113 2023/2024
$303,600 2024/2025
$307,663 2025/2026
$311,163 2026/2027
$309,413 2027/2028
$311,850 2028/2029
$318,300 2029/2030
$319,300 2030/2031
(NOTE: For example the levy to be made and certified against the taxable valuations
of January 1, 2011 will be collected during the fiscal year commencing July 1, 2012.)
(b) Resolution to be Filed With County Auditor. A certified copy of this Resolution
should be filed with the County Auditor of Dubuque County, Iowa, and said Auditor is
hereby instructed in and for each of the years as provided, to levy and assess the tax
hereby authorized in Section 2 of this Resolution, in like manner as other taxes are lev-
25
ied and assessed, and such taxes so levied in and for each of the years aforesaid be
collected in like manner as other taxes of the City are collected, and when collected be
used for the purpose of paying principal and interest on said Bonds issued in anticipa-
tion of said tax, and for no other purpose whatsoever.
(c) Additional City Funds Available. Principal and interest coming due at any time
when the proceeds of said tax on hand shall be insufficient to pay the same shall be
promptly paid when due from current funds of the City available for that purpose and
reimbursement shall be made from such special fund in the amounts thus advanced.
Section 3. Bond Fund. Said tax shall be collected each year at the same time and in
the same manner as, and in addition to, all other taxes in and for the City, and when col-
lected they shall be converted into a special fund within the Debt Service Fund to be
known as the "GENERAL OBLIGATION URBAN RENEWAL BOND FUND 2012A" (the
"Bond Fund "), which is hereby pledged for and shall be used only for the payment of the
principal of and interest on the Bonds hereinafter authorized to be issued; and also
there shall be apportioned to said fund its proportion of taxes received by the City from
property that is centrally assessed by the State of Iowa.
Section 4. Application of Bond Proceeds. Proceeds of the Bonds other than accrued
interest except as may be provided below shall be credited to the Project Fund and ex-
pended therefrom for the purposes of issuance. Any amounts on hand in the Project
Fund shall be available for the payment of the principal of or interest on the Bonds at
any time that other funds shall be insufficient to the purpose, in which event such funds
shall be repaid to the Project Fund at the earliest opportunity. Any balance on hand in
the Project Fund and not immediately required for its purposes may be invested not in-
consistent with limitations provided by law or this Resolution. Accrued interest, if any,
shall be deposited in the Bond Fund.
Section 5. Investments of Bond Fund Proceeds. All moneys held in the Bond Fund,
provided for by Section 3 of this Resolution shall be invested in investments permitted
by Chapter 12B, Code of Iowa, 2011, 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 in-
sured from time to time by FDIC or its equivalent successor in any one financial institu-
tion shall be continuously secured in compliance with Chapter 12C of the Code of Iowa,
2011, as amended, or otherwise by a valid pledge of direct obligations of the United
States Government having an equivalent market value. All such interim investments
shall mature before the date on which the moneys are required for payment of principal
of or interest on the Bonds as herein provided.
Section 6. Bond Details, Execution and Redemption.
(a) Bond Details. General Obligation Urban Renewal Bonds of the City in the amount
of $4,380,000, shall be issued pursuant to the provisions of Sections 403.12 and 384.25
of the Code of Iowa for the aforesaid purpose. The Bonds shall be designated "general
obligation URBAN RENEWAL bond, SERIES 2012A ", 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, 2012, and semiannually thereafter on the
1 s day of June and December in each year until maturity at the rates hereinafter provid-
ed.
The Bonds shall be executed by the manual or facsimile signature of the Mayor and
attested by the manual or facsimile signature of the Clerk, and impressed or printed with
the seal of the City and shall be fully registered as to both principal and interest as pro-
26
vided in this Resolution; principal, interest and premium, if any, shall be payable at the
office of the Paying Agent by mailing of a check to the registered owner of the Bond.
The Bonds shall be in the denomination of $5,000 or multiples thereof. The Bonds shall
mature and bear interest as follows:
Principal Interest Maturity
Amount Rate June 1St
$205,000 2.000% 2014
$205,000 2.000% 2015
$210,000 2.000% 2016
$210,000 2.000% 2017
$215,000 2.000% 2018
$220,000 2.000% 2019
$225,000 2.000% 2020
$225,000 2.000% 2021
$230,000 2.000% 2022
$240,000 2.125% 2023
$245,000 2.250% 2024
$250,000 2.375% 2025
$260,000 2.500% 2026
$270,000 2.500% 2027
$275,000 2.750% 2028
$285,000 3.000% 2029
$300,000 3.000% 2030
$310,000 3.000% 2031
(b) Redemption. Bonds maturing after June 1, 2020 may be called for redemption by
the Issuer and paid before maturity on said date or any date thereafter, from any funds
regardless of source, in whole or from time to time in part, in any order of maturity and
within an annual maturity by lot. The terms of redemption shall be par, plus accrued in-
terest to date of call.
Thirty days' notice of redemption shall be given by first class mail to the registered
owner of the Bond. Failure to give such notice by mail to any registered owner of the
Bonds or any defect therein shall not affect the validity of any proceedings for the re-
demption of the Bonds. All bonds or portions thereof called for redemption will cease to
bear interest after the specified redemption date, provided funds for their redemption
are on deposit at the place of payment.
If selection by lot within a maturity is required, the Registrar shall designate the bonds
to be redeemed by random selection of the names of the registered owners of the entire
annual maturity until the total amount of bonds to be called has been reached.
Section 7. Issuance of Bonds in Book -Entry Form; Replacement Bonds.
(a) Notwithstanding the other provisions of this Resolution regarding registration,
ownership, transfer, payment and exchange of the Bonds, unless the Issuer determines
to permit the exchange of Depository Bonds for Bonds in the Authorized Denomina-
tions, the Bonds shall be issued as Depository Bonds in denominations of the entire
principal amount of each maturity of Bonds (or, if a portion of said principal amount is
prepaid, said principal amount less the prepaid amount); and such Depository Bonds
shall be registered in the name of Cede & Co., as nominee of DTC. Payment of semi -
27
annual interest for any Depository Bond shall be made by wire transfer or New York
Clearing House or equivalent next day funds to the account of Cede & Co. on the inter-
est payment date for the Bonds at the address indicated in or pursuant to the Represen-
tation Letter.
(b) With respect to Depository Bonds, neither the Issuer nor the Paying Agent shall
have any responsibility or obligation to any Participant or to any Beneficial Owner. With-
out limiting the immediately preceding sentence, neither the Issuer nor the Paying Agent
shall have any responsibility or obligation with respect to (i) the accuracy of the records
of DTC or its nominee or of any Participant with respect to any ownership interest in the
Bonds, (ii) the delivery to any Participant, any Beneficial Owner or any other person,
other than DTC or its nominee, of any notice with respect to the Bonds, (iii) the payment
to any Participant, any Beneficial Owner or any other person, other than DTC or its
nominee, of any amount with respect to the principal of, premium, if any, or interest on
the Bonds, or (iv) the failure of DTC to provide any information or notification on behalf
of any Participant or Beneficial Owner.
The Issuer and the Paying Agent may treat DTC or its nominee as, and deem DTC or
its nominee to be, the absolute owner of each Bond for the purpose of payment of the
principal of, premium, if any, and interest on such Bond, for the purpose of all other mat-
ters with respect to such Bond, for the purpose of registering transfers with respect to
such Bonds, and for all other purposes whatsoever (except for the giving of certain
Bond holder consents, in accordance with the practices and procedures of DTC as may
be applicable thereto). The Paying Agent shall pay all principal of, premium, if any, and
interest on the Bonds only to or upon the order of the Bondholders as shown on the
Registration Books, and all such payments shall be valid and effective to fully satisfy
and discharge the Issuer's obligations with respect to the principal of, premium, if any,
and interest on the Bonds to the extent so paid. Notwithstanding the provisions of this
Resolution to the contrary (including without limitation those provisions relating to the
surrender of Bonds, registration thereof, and issuance in Authorized Denominations), as
long as the Bonds are Depository Bonds, full effect shall be given to the Representation
Letter and the procedures and practices of DTC thereunder, and the Paying Agent shall
comply therewith.
(c) Upon (i) a determination by the Issuer that DTC is no longer able to carry out its
functions or is otherwise determined unsatisfactory, or (ii) a determination by DTC that
the Bonds are no longer eligible for its depository services or (iii) a determination by the
Paying Agent that DTC has resigned or discontinued its services for the Bonds, if such
substitution is authorized by law, the Issuer shall (A) designate a satisfactory substitute
depository as set forth below or, if a satisfactory substitute is not found, (B) provide for
the exchange of Depository Bonds for replacement Bonds in Authorized Denominations.
(d) To the extent authorized by law, if the Issuer determines to provide for the ex-
change of Depository Bonds for Bonds in Authorized Denominations, the Issuer shall so
notify the Paying Agent and shall provide the Registrar with a supply of executed unau-
thenticated Bonds to be so exchanged. The Registrar shall thereupon notify the owners
of the Bonds and provide for such exchange, and to the extent that the Beneficial Own-
ers are designated as the transferee by the owners, the Bonds will be delivered in ap-
propriate form, content and Authorized Denominations to the Beneficial Owners, as their
interests appear.
(e) Any substitute depository shall be designated in writing by the Issuer to the Pay-
ing Agent. Any such substitute depository shall be a qualified and registered "clearing
28
agency" as provided in Section 17A of the Securities Exchange Act of 1934, as amend-
ed. The substitute depository shall provide for (i) immobilization of the Depository
Bonds, (ii) registration and transfer of interests in Depository Bonds by book entries
made on records of the depository or its nominee and (iii) payment of principal of, pre-
mium, if any, and interest on the Bonds in accordance with and as such interests may
appear with respect to such book entries.
Section 8. Registration of Bonds; Appointment of Registrar; Transfer; Ownership; De-
livery; and Cancellation.
(a) Registration. The ownership of Bonds may be transferred only by the making of
an entry upon the books kept for the registration and transfer of ownership of the Bonds,
and in no other way. Wells Fargo Bank, National Association is hereby appointed as
Bond Registrar under the terms of this Resolution and under the provisions of a sepa-
rate agreement with the Issuer filed herewith which is made a part hereof by this refer-
ence. Registrar shall maintain the books of the Issuer for the registration of ownership of
the Bonds for the payment of principal of and interest on the Bonds as provided in this
Resolution. All Bonds shall be negotiable as provided in Article 8 of the Uniform Com-
mercial Code and Section 384.31 of the Code of Iowa, subject to the provisions for reg-
istration and transfer contained in the Bonds and in this Resolution.
(b) Transfer. The ownership of any Bond may be transferred only upon the Registra-
tion Books kept for the registration and transfer of Bonds and only upon surrender
thereof at the office of the Registrar together with an assignment duly executed by the
holder or his duly authorized attorney in fact in such form as shall be satisfactory to the
Registrar, along with the address and social security number or federal employer identi-
fication number of such transferee (or, if registration is to be made in the name of multi-
ple individuals, of all such transferees). In the event that the address of the registered
owner of a Bond (other than a registered owner which is the nominee of the broker or
dealer in question) is that of a broker or dealer, there must be disclosed on the Registra-
tion Books the information pertaining to the registered owner required above. Upon the
transfer of any such Bond, a new fully registered Bond, of any denomination or denomi-
nations permitted by this Resolution in aggregate principal amount equal to the unma-
tured and unredeemed principal amount of such transferred fully registered Bond, and
bearing interest at the same rate and maturing on the same date or dates shall be de-
livered by the Registrar.
(c) Registration of Transferred Bonds. In all cases of the transfer of the Bonds, the
Registrar shall register, at the earliest practicable time, on the Registration Books, the
Bonds, in accordance with the provisions of this Resolution.
(d) Ownership. As to any Bond, the person in whose name the ownership of the
same shall be registered on the Registration Books of the Registrar shall be deemed
and regarded as the absolute owner thereof for all purposes, and payment of or on ac-
count of the principal of any such Bonds and the premium, if any, and interest thereon
shall be made only to or upon the order of the registered owner thereof or his legal rep-
resentative. All such payments shall be valid and effectual to satisfy and discharge the
liability upon such Bond, including the interest thereon, to the extent of the sum or sums
so paid.
(e) Cancellation. All Bonds which have been redeemed shall not be reissued but
shall be cancelled by the Registrar. All Bonds which are cancelled by the Registrar shall
be destroyed and a certificate of the destruction thereof shall be furnished promptly to
29
the Issuer; provided that if the Issuer shall so direct, the Registrar shall forward the can-
celled Bonds to the Issuer.
(f) Non - Presentment of Bonds. In the event any payment check representing pay-
ment of principal of or interest on the Bonds is returned to the Paying Agent or if any
bond is not presented for payment of principal at the maturity or redemption date, if
funds sufficient to pay such principal of or interest on Bonds shall have been made
available to the Paying Agent for the benefit of the owner thereof, all liability of the Issu-
er to the owner thereof for such interest or payment of such Bonds shall forthwith cease,
terminate and be completely discharged, and thereupon it shall be the duty of the Pay-
ing Agent to hold such funds, without liability for interest thereon, for the benefit of the
owner of such Bonds who shall thereafter be restricted exclusively to such funds for any
claim of whatever nature on his part under this Resolution or on, or with respect to, such
interest or Bonds. The Paying Agent's obligation to hold such funds shall continue for a
period equal to two years and six months following the date on which such interest or
principal became due, whether at maturity, or at the date fixed for redemption thereof, or
otherwise, at which time the Paying Agent, shall surrender any remaining funds so held
to the Issuer, whereupon any claim under this Resolution by the Owners of such interest
or Bonds of whatever nature shall be made upon the Issuer.
(g) Registration and Transfer Fees. The Registrar may furnish to each owner, at the
Issuer's expense, one bond for each annual maturity. The Registrar shall furnish addi-
tional bonds in lesser denominations (but not less than the minimum denomination) to
an owner who so requests.
Section 9. Reissuance of Mutilated, Destroyed, Stolen or Lost Bonds. In case any
outstanding Bond shall become mutilated or be destroyed, stolen or lost, the Issuer
shall at the request of Registrar authenticate and deliver a new Bond of like tenor and
amount as the Bond so mutilated, destroyed, stolen or lost, in exchange and substitu-
tion for such mutilated Bond to Registrar, upon surrender of such mutilated Bond, or in
lieu of and substitution for the Bond destroyed, stolen or lost, upon filing with the Regis-
trar evidence satisfactory to the Registrar and Issuer that such Bond has been de-
stroyed, stolen or lost and proof of ownership thereof, and upon furnishing the Registrar
and Issuer with satisfactory indemnity and complying with such other reasonable regula-
tions as the Issuer or its agent may prescribe and paying such expenses as the Issuer
may incur in connection therewith.
Section 10. Record Date. Payments of principal and interest, otherwise than upon full
redemption, made in respect of any Bond, shall be made to the registered holder there-
of or to their designated agent as the same appear on the books of the Registrar on the
15th day of the month preceding the payment date. All such payments shall fully dis-
charge the obligations of the Issuer in respect of such Bonds to the extent of the pay-
ments so made. Payment of principal shall only be made upon surrender of the Bond to
the Paying Agent.
Section 11. Execution, Authentication and Delivery of the Bonds. Upon the adoption
of this Resolution, the Mayor and Clerk shall execute and deliver the Bonds to the Reg-
istrar, who shall authenticate the Bonds and deliver the same to or upon order of the
Purchaser. No Bond shall be valid or obligatory for any purpose or shall be entitled to
any right or benefit hereunder unless the Registrar shall duly endorse and execute on
such Bond a Certificate of Authentication substantially in the form of the Certificate
herein set forth. Such Certificate upon any Bond executed on behalf of the Issuer shall
30
be conclusive evidence that the Bond so authenticated has been duly issued under this
Resolution and that the holder thereof is entitled to the benefits of this Resolution.
No Bonds shall be authenticated and delivered by the Registrar unless and until
there shall have been provided the following:
1. A certified copy of the Resolution of Issuer authorizing the issuance of the Bonds;
2. A written order of Issuer signed by the Treasurer of the Issuer directing the authen-
tication and delivery of the Bonds to or upon the order of the Purchaser upon payment
of the purchase price as set forth therein;
3. The approving opinion of Ahlers & Cooney, P.C., Bond Counsel, concerning the
validity and legality of all the Bonds proposed to be issued.
Section 12. Right to Name Substitute Paying Agent or Registrar. Issuer reserves the
right to name a substitute, successor Registrar or Paying Agent upon giving prompt writ-
ten notice to each registered bondholder.
Section 13. Form of Bond. Bonds shall be printed in substantial compliance with
standards proposed by the American Standards Institute substantially in the form as
[provided]:
Section 14. Contract Between Issuer and Purchaser. This Resolution constitutes a
contract between said City and the purchaser of the Bonds.
Section 15. Non - Arbitrage Covenants. The Issuer reasonably expects and covenants
that no use will be made of the proceeds from the issuance and sale of the Bonds is-
sued hereunder which will cause any of the Bonds to be classified as arbitrage bonds
within the meaning of Sections 148(a) and (b) of the Internal Revenue Code of the Unit-
ed States, as amended, and that throughout the term of the Bonds it will comply with the
requirements of statutes and regulations issued thereunder.
To the best knowledge and belief of the Issuer, there are no facts or circumstances
that would materially change the foregoing statements or the conclusion that it is not
expected that the proceeds of the Bonds will be used in a manner that would cause the
Bonds to be arbitrage bonds. Without limiting the generality of the foregoing, the Issuer
hereby agrees to comply with the provisions of the Tax Exemption Certificate and the
provisions of the Tax Exemption Certificate are hereby incorporated by reference as
part of this Resolution. The Treasurer is hereby directed to make and insert all calcula-
tions and determinations necessary to complete the Tax Exemption Certificate in all re-
spects and to execute and deliver the Tax Exemption Certificate at issuance of the
Bonds to certify as to the reasonable expectations and covenants of the Issuer at that
date.
Section 16. Additional Covenants, Representations and Warranties of the Issuer. The
Issuer certifies and covenants with the purchasers and holders of the Bonds from time
to time outstanding that the Issuer through its officers, (a) will make such further specific
covenants, representations and assurances as may be necessary or advisable; (b)
comply with all representations, covenants and assurances contained in the Tax Ex-
emption Certificate, which Tax Exemption Certificate shall constitute a part of the con-
tract between the Issuer and the owners of the Bonds;(c) consult with bond counsel (as
defined in the Tax Exemption Certificate); (d) pay to the United States, as necessary,
such sums of money representing required rebates of excess arbitrage profits relating to
the Bonds;(e) file such forms, statements and supporting documents as may be re-
quired 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 as-
sist the Issuer in such compliance.
31
Section 17. Amendment of Resolution to Maintain Tax Exemption. This Resolution
may be amended without the consent of any owner of the Bonds if, in the opinion of
bond counsel, such amendment is necessary to maintain tax exemption with respect to
the Bonds under applicable Federal law or regulations.
Section 18. Continuing Disclosure. The Issuer hereby covenants and agrees that it
will comply with and carry out all of the provisions of the Continuing Disclosure Certifi-
cate, and the provisions of the Continuing Disclosure Certificate are hereby incorpo-
rated by reference as part of this Resolution and made a part hereof. Notwithstanding
any other provision of this Resolution, failure of the Issuer to comply with the Continuing
Disclosure Certificate shall not be considered an event of default under this Resolution;
however, any holder of the Bonds or Beneficial Owner may take such actions as may be
necessary and appropriate, including seeking specific performance by court order, to
cause the Issuer to comply with its obligations under the Continuing Disclosure Certifi-
cate. For purposes of this section, "Beneficial Owner" means any person which (a) has
the power, directly or indirectly, to vote or consent with respect to, or to dispose of own-
ership of, any Bond (including persons holding Bonds through nominees, depositories
or other intermediaries), or (b) is treated as the owner of any Bonds for federal income
tax purposes.
Section 19. Severability Clause. If any section, paragraph, clause or provision of this
Resolution be held invalid, such invalidity shall not affect any of the remaining provi-
sions hereof, and this Resolution shall become effective immediately upon its passage
and approval.
Section 20. Repeal of Conflicting Resolutions or Ordinances. That all ordinances and
resolutions and parts of ordinances and resolutions in conflict herewith are hereby re-
pealed.
Passed and approved this 20th day of February, 2012.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 54 -12
APPOINTING WELLS FARGO BANK, NATIONAL ASSOCIATION OF
MINNEAPOLIS, MINNESOTA, 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, $4,380,000
General Obligation Urban Renewal Bonds, Series 2012A, 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 Minneapolis, Minnesota, are necessary for compliance with
rules, regulations, and requirements governing the registration, transfer and payment of
registered Bonds; and
Whereas, a Paying Agent, Bond Registrar and Transfer Agent Agreement (hereafter
"Agreement ") has been prepared to be entered into between the City and Wells Fargo
Bank, National Association.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF DUBUQUE, IOWA:
32
Section 1. That Wells Fargo Bank, National Association of Minneapolis, Minnesota, is
hereby appointed to serve as Paying Agent, Bond Registrar and Transfer Agent in
connection with the issuance of $4,380,000 General Obligation Urban Renewal Bonds,
Series 2012A, dated the date of delivery.
Section 2. That the Agreement with Wells Fargo Bank, National Association of
Minneapolis, Minnesota, is hereby approved and that the Mayor and Clerk are
authorized to sign the Agreement on behalf of the City.
Passed and approved this 20th day of February, 2012.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 55 -12
AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $7,495,000 GENERAL
OBLIGATION BONDS, SERIES 2012B, AND LEVYING A TAX TO PAY SAID BONDS
Whereas, the Issuer is duly incorporated, organized and exists under and by virtue of
the laws and Constitution of the State of Iowa; and
Whereas, the Issuer is in need of funds to pay costs of the construction,
reconstruction and repair of street, sidewalk and streetscape improvements, including
those costs associated with the East 7th and Commercial Street reconstruction and
related improvements, two -way street traffic conversions, and Historic Millwork District
"complete streets" improvements, and the refunding and refinancing of the General
Obligation Capital Loan Notes, Series 2010F, dated September 20, 2010, essential
corporate purposes, and it is deemed necessary and advisable that General Obligation
Bonds be authorized for said purpose; and
Whereas, pursuant to notice published as required by Section 384.25 of said Code,
this Council has held a public meeting and hearing upon the proposal to institute
proceedings for the issuance of the Bonds to the amount of not to exceed $9,000,000,
and the Council is therefore now authorized to proceed with the issuance of $7,495,000
General Obligation Bonds, Series 2012B; and
Whereas, pursuant to the provisions of Chapter 75 of the Code of Iowa, the above
mentioned Bonds were heretofore sold at public sale and action should now be taken to
issue said Bonds conforming to the terms and conditions of the best bid received at the
advertised public sale:
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Definitions. The following terms shall have the following meanings in this
Resolution unless the text expressly or by necessary implication requires otherwise:
❑ "Authorized Denominations" shall mean $5,000 or any integral multiple thereof.
❑ "Beneficial Owner" shall mean the person in whose name such Bond is recorded as
the beneficial owner of a Bond by a Participant on the records of such Participant or
such person's subrogee.
❑ "Bond Fund" shall mean the fund created in Section 3 of this Resolution.
❑ "Bonds" shall mean $7,495,000 General Obligation Bonds, Series 2012B,
authorized to be issued by this Resolution.
❑ "Cede & Co." shall mean Cede & Co., the nominee of DTC, and any successor
nominee of DTC with respect to the Bonds.
❑ "Continuing Disclosure Certificate" shall mean that certain Continuing Disclosure
Certificate executed by the Issuer and dated the date of issuance and delivery of the
33
Bonds, as originally executed and as it may be amended from time to time in
accordance with the terms thereof.
❑ "Current Refunding Portion" shall mean $1,908,178 of the proceeds of the Bonds,
being used to refund the Refunded Bonds.
❑ "Depository Bonds" shall mean the Bonds as issued in the form of one global
certificate for each maturity, registered in the Registration Books maintained by the
Registrar in the name of DTC or its nominee.
❑ "DTC" shall mean The Depository Trust Company, New York, New York, a limited
purpose trust company, or any successor book -entry securities depository appointed
for the Bonds.
❑ "Issuer" and "City" shall mean the City of Dubuque, Iowa.
❑ "New Money Portion" shall mean $5,480,936 of the proceeds of the Bonds, being
issued to pay the costs of the construction, reconstruction and repair of street,
sidewalk and streetscape improvements, including those costs associated with the
East 7th and Commercial Street reconstruction and related improvements, two -way
street traffic conversions, and Historic Millwork District "complete streets"
improvements.
❑ "Participants" shall mean those broker - dealers, banks and other financial institutions
for which DTC holds Bonds as securities depository.
❑ "Paying Agent" shall mean Wells Fargo Bank, National Association, or such
successor as may be approved by Issuer as provided herein and who shall carry out
the duties prescribed herein as Issuer's agent to provide for the payment of principal
of and interest on the Bonds as the same shall become due.
❑ "Project Fund" shall mean, as to the New Money Portion, the fund established
under this Resolution for the deposit of a portion of the proceeds to pay the costs of
the construction, reconstruction and repair of street, sidewalk and streetscape
improvements, including those costs associated with the East 7th and Commercial
Street reconstruction and related improvements, two -way street traffic conversions,
and Historic Millwork District "complete streets" improvements. As to the Current
Refunding Portion, "Project Fund" shall mean the fund established for the deposit of
a portion of the proceeds that will be used, together with interest earnings thereon, to
pay the principal, interest and redemption premium, if any, on the Refunded Bonds.
❑ "Rebate Fund" shall mean the fund so defined in and established pursuant to the
Tax Exemption Certificate.
❑ "Refunded Bonds" shall mean the General Obligation Capital Loan Notes, Series
2010F, dated September 20, 2010, and maturing on June 1, 2012 and June 1, 2013.
❑ "Registrar" shall mean Wells Fargo Bank, National Association of Minneapolis,
Minnesota, or such successor as may be approved by Issuer as provided herein and
who shall carry out the duties prescribed herein with respect to maintaining a register
of the owners of the Bonds. Unless otherwise specified, the Registrar shall also act
as Transfer Agent for the Bonds.
❑ "Representation Letter" shall mean the Blanket Issuer Letter of Representations
executed and delivered by the Issuer to DTC on file with DTC.
❑ "Resolution" shall mean this resolution authorizing the Bonds.
❑ "Tax Exemption Certificate" shall mean the Tax Exemption Certificate executed by
the Treasurer and delivered at the time of issuance and delivery of the Bonds.
❑ "Treasurer" shall mean the Finance Director or such other officer as shall succeed
34
to the same duties and responsibilities with respect to the recording and payment of
the Bonds issued hereunder.
Section 2. Levy and Certification of Annual Tax; Other Funds to be Used.
(a) Levy of Annual Tax. That for the purpose of providing funds to pay the principal
and interest of the Bonds hereinafter authorized to be issued, there is hereby levied for
each future year the following direct annual tax on all of the taxable property in
Dubuque, Iowa, to -wit:
AMOUNT FISCAL YEAR
(JULY 1 TO JUNE 30)
YEAR OF COLLECTION
$296,421 2012/2013
$526,325 2013/2014
$524,425 2014/2015
$522,425 2015/2016
$520,325 2016/2017
$518,125 2017/2018
$515,825 2018/2019
$513,425 2019/2020
$515,925 2020/2021
$518,225 2021/2022
$514,338 2022/2023
$520,338 2023/2024
$520,481 2024/2025
$524,856 2025/2026
$528,856 2026/2027
$530,206 2027/2028
$531,106 2028/2029
$536,556 2029/2030
$541,406 2030/2031
(NOTE: For example the levy to be made and certified against the taxable valuations
of January 1, 2011 will be collected during the fiscal year commencing July 1, 2012.)
(b) Resolution to be Filed With County Auditor. A certified copy of this Resolution
should be filed with the County Auditor of Dubuque County, State of Iowa, and said
Auditor is hereby instructed in and for each of the years as provided, to levy and assess
the tax hereby authorized in Section 2 of this Resolution, in like manner as other taxes
are levied and assessed, and such taxes so levied in and for each of the years
aforesaid be collected in like manner as other taxes of the City are collected, and when
collected be used for the purpose of paying principal and interest on said Bonds issued
in anticipation of said tax, and for no other purpose whatsoever.
(c) Additional City Funds Available. Principal and interest coming due at any time
when the proceeds of said tax on hand shall be insufficient to pay the same shall be
promptly paid when due from current funds of the City available for that purpose and
reimbursement shall be made from such special fund in the amounts thus advanced.
Section 3. Bond Fund. Said tax shall be collected each year at the same time and in
the same manner as, and in addition to, all other taxes in and for the City, and when
collected they shall be converted into a special fund within the Debt Service Fund to be
35
known as the "GENERAL OBLIGATION BOND FUND 2012B" (the "Bond Fund "), which
is hereby pledged for and shall be used only for the payment of the principal of and
interest on the Bonds hereinafter authorized to be issued; and also there shall be
apportioned to said fund its proportion of taxes received by the City from property that is
centrally assessed by the State of Iowa.
Section 4. Application of Bond Proceeds — New Money Portion. Proceeds of the
Bonds other than accrued interest except as may be provided below shall be credited to
the Project Fund and expended therefrom for the purposes of issuance. Any amounts
on hand in the Project Fund shall be available for the payment of the principal of or
interest on the Bonds at any time that other funds shall be insufficient to the purpose, in
which event such funds shall be repaid to the Project Fund at the earliest opportunity.
Any balance on hand in the Project Fund and not immediately required for its purposes
may be invested not inconsistent with limitations provided by law or this Resolution.
Accrued interest, if any, shall be deposited in the Bond Fund.
Section 5. Application of Bond Proceeds — Current Refunding Portion. Proceeds of
the Bonds other than accrued interest except as may be provided below shall be
credited to the Project Fund and expended therefrom for the purposes of issuance.
Proceeds invested shall mature before the date on which the moneys are required for
payment of principal and interest on the Refunded Bonds. Accrued interest, if any, shall
be deposited in the Bond Fund.
Section 6. Investments of Bond Fund Proceeds. All moneys held in the Bond Fund,
provided for by Section 3 of this Resolution shall be invested in investments permitted
by Chapter 12B, Code of Iowa, 2011, 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, 2011, as amended, or otherwise by a valid pledge of direct obligations of the
United States Government having an equivalent market value. All such interim
investments shall mature before the date on which the moneys are required for payment
of principal of or interest on the Bonds as herein provided.
Section 7. Bond Details, Execution and Redemption.
(a) Bond Details. General Obligation Bonds of the City in the amount of $7,495,000,
shall be issued pursuant to the provisions of Section 384.25 of the City Code of Iowa for
the aforesaid purpose. The Bonds shall be designated "general obligation bond,
SERIES 2012B ", 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, 2012, and semiannually thereafter on the 1st day of June and December in
each year until maturity at the rates hereinafter provided.
The Bonds shall be executed by the manual or facsimile signature of the Mayor and
attested by the manual or facsimile signature of the Clerk, and impressed or printed with
the seal of the City and shall be fully registered as to both principal and interest as
provided in this Resolution; principal, interest and premium, if any, shall be payable at
the office of the Paying Agent by mailing of a check to the registered owner of the Bond.
The Bonds shall be in the denomination of $5,000 or multiples thereof. The Bonds shall
mature and bear interest as follows:
36
Principal Amount
$75,000
$345,000
$350,000
$355,000
$360,000
$365,000
$370,000
$375,000
$385,000
$395,000
$400,000
$415,000
$425,000
$440,000
$455,000
$470,000
$485,000
$505,000
$525,000
Interest Rate
2.000%
2.000%
2.000%
2.000%
2.000%
2.000%
2.000%
2.000%
2.000%
2.250%
2.250%
2.375%
2.500%
2.500%
3.000%
3.000%
3.000%
3.000%
3.125%
Maturity June 1st
2013
2014
2015
2016
2017
2018
2019
2020
2021
2022
2023
2024
2025
2026
2027
2028
2029
2030
2031
(b) Redemption. Bonds maturing after June 1, 2020 may be called for redemption by
the Issuer and paid before maturity on said date or any date thereafter, from any funds
regardless of source, in whole or from time to time in part, in any order of maturity and
within an annual maturity by lot. The terms of redemption shall be par, plus accrued
interest to date of call.
Thirty days' notice of redemption shall be given by certified mail to the registered
owner of the Bond. Failure to give such notice by mail to any registered owner of the
Bonds or any defect therein shall not affect the validity of any proceedings for the
redemption of the Bonds. All bonds or portions thereof called for redemption will cease
to bear interest after the specified redemption date, provided funds for their redemption
are on deposit at the place of payment.
If selection by lot within a maturity is required, the Registrar shall designate the bonds
to be redeemed by random selection of the names of the registered owners of the entire
annual maturity until the total amount of bonds to be called has been reached.
Section 8. Issuance of Bonds in Book -Entry Form; Replacement Bonds.
(a) Notwithstanding the other provisions of this Resolution regarding registration,
ownership, transfer, payment and exchange of the Bonds, unless the Issuer determines
to permit the exchange of Depository Bonds for Bonds in the Authorized
Denominations, the Bonds shall be issued as Depository Bonds in denominations of the
entire principal amount of each maturity of Bonds (or, if a portion of said principal
amount is prepaid, said principal amount less the prepaid amount); and such Depository
Bonds shall be registered in the name of Cede & Co., as nominee of DTC. Payment of
semi - annual interest for any Depository Bond shall be made by wire transfer or New
York Clearing House or equivalent next day funds to the account of Cede & Co. on the
interest payment date for the Bonds at the address indicated in or pursuant to the
Representation Letter.
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(b) With respect to Depository Bonds, neither the Issuer nor the Paying Agent shall
have any responsibility or obligation to any Participant or to any Beneficial Owner.
Without limiting the immediately preceding sentence, neither the Issuer nor the Paying
Agent shall have any responsibility or obligation with respect to (i) the accuracy of the
records of DTC or its nominee or of any Participant with respect to any ownership
interest in the Bonds, (ii) the delivery to any Participant, any Beneficial Owner or any
other person, other than DTC or its nominee, of any notice with respect to the Bonds,
(iii) the payment to any Participant, any Beneficial Owner or any other person, other
than DTC or its nominee, of any amount with respect to the principal of, premium, if any,
or interest on the Bonds, or (iv) the failure of DTC to provide any information or
notification on behalf of any Participant or Beneficial Owner.
The Issuer and the Paying Agent may treat DTC or its nominee as, and deem DTC or
its nominee to be, the absolute owner of each Bond for the purpose of payment of the
principal of, premium, if any, and interest on such Bond, for the purpose of all other
matters with respect to such Bond, for the purpose of registering transfers with respect
to such Bonds, and for all other purposes whatsoever (except for the giving of certain
Bond holder consents, in accordance with the practices and procedures of DTC as may
be applicable thereto). The Paying Agent shall pay all principal of, premium, if any, and
interest on the Bonds only to or upon the order of the Bondholders as shown on the
Registration Books, and all such payments shall be valid and effective to fully satisfy
and discharge the Issuer's obligations with respect to the principal of, premium, if any,
and interest on the Bonds to the extent so paid. Notwithstanding the provisions of this
Resolution to the contrary (including without limitation those provisions relating to the
surrender of Bonds, registration thereof, and issuance in Authorized Denominations), as
long as the Bonds are Depository Bonds, full effect shall be given to the Representation
Letter and the procedures and practices of DTC thereunder, and the Paying Agent shall
comply therewith.
(c) Upon (i) a determination by the Issuer that DTC is no longer able to carry out its
functions or is otherwise determined unsatisfactory, or (ii) a determination by DTC that
the Bonds are no longer eligible for its depository services or (iii) a determination by the
Paying Agent that DTC has resigned or discontinued its services for the Bonds, if such
substitution is authorized by law, the Issuer shall (A) designate a satisfactory substitute
depository as set forth below or, if a satisfactory substitute is not found, (B) provide for
the exchange of Depository Bonds for replacement Bonds in Authorized Denominations.
(d) To the extent authorized by law, if the Issuer determines to provide for the
exchange of Depository Bonds for Bonds in Authorized Denominations, the Issuer shall
so notify the Paying Agent and shall provide the Registrar with a supply of executed
unauthenticated Bonds to be so exchanged. The Registrar shall thereupon notify the
owners of the Bonds and provide for such exchange, and to the extent that the
Beneficial Owners are designated as the transferee by the owners, the Bonds will be
delivered in appropriate form, content and Authorized Denominations to the Beneficial
Owners, as their interests appear.
(e) Any substitute depository shall be designated in writing by the Issuer to the
Paying Agent. Any such substitute depository shall be a qualified and registered
"clearing agency" as provided in Section 17A of the Securities Exchange Act of 1934,
as amended. The substitute depository shall provide for (i) immobilization of the
Depository Bonds, (ii) registration and transfer of interests in Depository Bonds by book
entries made on records of the depository or its nominee and (iii) payment of principal
38
of, premium, if any, and interest on the Bonds in accordance with and as such interests
may appear with respect to such book entries.
Section 9. Registration of Bonds; Appointment of Registrar; Transfer; Ownership;
Delivery; and Cancellation.
(a) Registration. The ownership of Bonds may be transferred only by the making of
an entry upon the books kept for the registration and transfer of ownership of the Bonds,
and in no other way. Wells Fargo Bank, National Association is hereby appointed as
Bond Registrar under the terms of this Resolution and under the provisions of a
separate agreement with the Issuer filed herewith which is made a part hereof by this
reference. Registrar shall maintain the books of the Issuer for the registration of
ownership of the Bonds for the payment of principal of and interest on the Bonds as
provided in this Resolution. All Bonds shall be negotiable as provided in Article 8 of the
Uniform Commercial Code and Section 384.31 of the Code of Iowa, subject to the
provisions for registration and transfer contained in the Bonds and in this Resolution.
(b) Transfer. The ownership of any Bond may be transferred only upon the
Registration Books kept for the registration and transfer of Bonds and only upon
surrender thereof at the office of the Registrar together with an assignment duly
executed by the holder or his duly authorized attorney in fact in such form as shall be
satisfactory to the Registrar, along with the address and social security number or
federal employer identification number of such transferee (or, if registration is to be
made in the name of multiple individuals, of all such transferees). In the event that the
address of the registered owner of a Bond (other than a registered owner which is the
nominee of the broker or dealer in question) is that of a broker or dealer, there must be
disclosed on the Registration Books the information pertaining to the registered owner
required above. Upon the transfer of any such Bond, a new fully registered Bond, of any
denomination or denominations permitted by this Resolution in aggregate principal
amount equal to the unmatured and unredeemed principal amount of such transferred
fully registered Bond, and bearing interest at the same rate and maturing on the same
date or dates shall be delivered by the Registrar.
(c) Registration of Transferred Bonds. In all cases of the transfer of the Bonds, the
Registrar shall register, at the earliest practicable time, on the Registration Books, the
Bonds, in accordance with the provisions of this Resolution.
(d) Ownership. As to any Bond, the person in whose name the ownership of the
same shall be registered on the Registration Books of the Registrar shall be deemed
and regarded as the absolute owner thereof for all purposes, and payment of or on
account of the principal of any such Bonds and the premium, if any, and interest thereon
shall be made only to or upon the order of the registered owner thereof or his legal
representative. All such payments shall be valid and effectual to satisfy and discharge
the liability upon such Bond, including the interest thereon, to the extent of the sum or
sums so paid.
(e) Cancellation. All Bonds which have been redeemed shall not be reissued but
shall be cancelled by the Registrar. All Bonds which are cancelled by the Registrar shall
be destroyed and a certificate of the destruction thereof shall be furnished promptly to
the Issuer; provided that if the Issuer shall so direct, the Registrar shall forward the
cancelled Bonds to the Issuer.
(f) Non - Presentment of Bonds. In the event any payment check representing
payment of principal of or interest on the Bonds is returned to the Paying Agent or if any
bond is not presented for payment of principal at the maturity or redemption date, if
39
funds sufficient to pay such principal of or interest on Bonds shall have been made
available to the Paying Agent for the benefit of the owner thereof, all liability of the
Issuer to the owner thereof for such interest or payment of such Bonds shall forthwith
cease, terminate and be completely discharged, and thereupon it shall be the duty of
the Paying Agent to hold such funds, without liability for interest thereon, for the benefit
of the owner of such Bonds who shall thereafter be restricted exclusively to such funds
for any claim of whatever nature on his part under this Resolution or on, or with respect
to, such interest or Bonds. The Paying Agent's obligation to hold such funds shall
continue for a period equal to two years and six months following the date on which
such interest or principal became due, whether at maturity, or at the date fixed for
redemption thereof, or otherwise, at which time the Paying Agent, shall surrender any
remaining funds so held to the Issuer, whereupon any claim under this Resolution by
the Owners of such interest or Bonds of whatever nature shall be made upon the Issuer.
(g) Registration and Transfer Fees. The Registrar may furnish to each owner, at the
Issuer's expense, one bond for each annual maturity. The Registrar shall furnish
additional bonds in lesser denominations (but not less than the minimum denomination)
to an owner who so requests.
Section 10. Reissuance of Mutilated, Destroyed, Stolen or Lost Bonds. In case any
outstanding Bond shall become mutilated or be destroyed, stolen or lost, the Issuer
shall at the request of Registrar authenticate and deliver a new Bond of like tenor and
amount as the Bond so mutilated, destroyed, stolen or lost, in exchange and
substitution for such mutilated Bond to Registrar, upon surrender of such mutilated
Bond, or in lieu of and substitution for the Bond destroyed, stolen or lost, upon filing with
the Registrar evidence satisfactory to the Registrar and Issuer that such Bond has been
destroyed, stolen or lost and proof of ownership thereof, and upon furnishing the
Registrar and Issuer with satisfactory indemnity and complying with such other
reasonable regulations as the Issuer or its agent may prescribe and paying such
expenses as the Issuer may incur in connection therewith.
Section 11. Record Date. Payments of principal and interest, otherwise than upon full
redemption, made in respect of any Bond, shall be made to the registered holder
thereof or to their designated agent as the same appear on the books of the Registrar
on the 15th day of the month preceding the payment date. All such payments shall fully
discharge the obligations of the Issuer in respect of such Bonds to the extent of the
payments so made. Payment of principal shall only be made upon surrender of the
Bond to the Paying Agent.
Section 12. Execution, Authentication and Delivery of the Bonds. Upon the adoption
of this Resolution, the Mayor and Clerk shall execute and deliver the Bonds to the
Registrar, who shall authenticate the Bonds and deliver the same to or upon order of
the Purchaser. No Bond shall be valid or obligatory for any purpose or shall be entitled
to any right or benefit hereunder unless the Registrar shall duly endorse and execute on
such Bond a Certificate of Authentication substantially in the form of the Certificate
herein set forth. Such Certificate upon any Bond executed on behalf of the Issuer shall
be conclusive evidence that the Bond so authenticated has been duly issued under this
Resolution and that the holder thereof is entitled to the benefits of this Resolution.
No Bonds shall be authenticated and delivered by the Registrar unless and until
there shall have been provided the following:
1. A certified copy of the Resolution of Issuer authorizing the issuance of the Bonds;
2. A written order of Issuer signed by the Treasurer of the Issuer directing the
40
authentication and delivery of the Bonds to or upon the order of the Purchaser upon
payment of the purchase price as set forth therein;
3. The approving opinion of Ahlers & Cooney, P.C., Bond Counsel, concerning the
validity and legality of all the Bonds proposed to be issued.
Section 13. Right to Name Substitute Paying Agent or Registrar. Issuer reserves the
right to name a substitute, successor Registrar or Paying Agent upon giving prompt
written notice to each registered bondholder.
Section 14. Form of Bond. Bonds shall be printed in substantial compliance with
standards proposed by the American Standards Institute substantially in the form as
[pprovided].
Section 15. Contract Between Issuer and Purchaser. This Resolution constitutes a
contract between said City and the purchaser of the Bonds.
Section 16. Non - Arbitrage Covenants. The Issuer reasonably expects and covenants
that no use will be made of the proceeds from the issuance and sale of the Bonds
issued hereunder which will cause any of the Bonds to be classified as arbitrage bonds
within the meaning of Sections 148(a) and (b) of the Internal Revenue Code of the
United States, as amended, and that throughout the term of the Bonds it will comply
with the requirements of statutes and regulations issued thereunder.
To the best knowledge and belief of the Issuer, there are no facts or circumstances
that would materially change the foregoing statements or the conclusion that it is not
expected that the proceeds of the Bonds will be used in a manner that would cause the
Bonds to be arbitrage bonds. Without limiting the generality of the foregoing, the Issuer
hereby agrees to comply with the provisions of the Tax Exemption Certificate and the
provisions of the Tax Exemption Certificate are hereby incorporated by reference as
part of this Resolution. The Treasurer is hereby directed to make and insert all
calculations and determinations necessary to complete the Tax Exemption Certificate in
all respects and to execute and deliver the Tax Exemption Certificate at issuance of the
Bonds to certify as to the reasonable expectations and covenants of the Issuer at that
date.
Section 17. Additional Covenants, Representations and Warranties of the Issuer. The
Issuer certifies and covenants with the purchasers and holders of the Bonds from time
to time outstanding that the Issuer through its officers, (a) will make such further specific
covenants, representations and assurances as may be necessary or advisable; (b)
comply with all representations, covenants and assurances contained in the Tax
Exemption Certificate, which Tax Exemption Certificate shall constitute a part of the
contract between the Issuer and the owners of the Bonds;(c) consult with bond counsel
(as defined in the Tax Exemption Certificate); (d) pay to the United States, as
necessary, such sums of money representing required rebates of excess arbitrage
profits relating to the Bonds;(e) file such forms, statements and supporting documents
as may be required and in a timely manner; and (f) if deemed necessary or advisable by
its officers, to employ and pay fiscal agents, financial advisors, attorneys and other
persons to assist the Issuer in such compliance.
Section 18. Amendment of Resolution to Maintain Tax Exemption. This Resolution
may be amended without the consent of any owner of the Bonds if, in the opinion of
bond counsel, such amendment is necessary to maintain tax exemption with respect to
the Bonds under applicable Federal law or regulations.
Section 19. Continuing Disclosure. The Issuer hereby covenants and agrees that it
will comply with and carry out all of the provisions of the Continuing Disclosure
41
Certificate, and the provisions of the Continuing Disclosure Certificate are hereby
incorporated by reference as part of this Resolution and made a part hereof.
Notwithstanding any other provision of this Resolution, failure of the Issuer to comply
with the Continuing Disclosure Certificate shall not be considered an event of default
under this Resolution; however, any holder of the Bonds or Beneficial Owner may take
such actions as may be necessary and appropriate, including seeking specific
performance by court order, to cause the Issuer to comply with its obligations under the
Continuing Disclosure Certificate. For purposes of this section, "Beneficial Owner"
means any person which (a) has the power, directly or indirectly, to vote or consent with
respect to, or to dispose of ownership of, any Bond (including persons holding Bonds
through nominees, depositories or other intermediaries), or (b) is treated as the owner
of any Bonds for federal income tax purposes.
Section 20. Severability Clause. If any section, paragraph, clause or provision of this
Resolution be held invalid, such invalidity shall not affect any of the remaining
provisions hereof, and this Resolution shall become effective immediately upon its
passage and approval.
Section 21. Repeal of Conflicting Resolutions or Ordinances. That all ordinances and
resolutions and parts of ordinances and resolutions in conflict herewith are hereby
repealed.
Passed and approved this 20th day of February, 2012.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 56 -12
APPOINTING WELLS FARGO BANK, NATIONAL ASSOCIATION OF
MINNEAPOLIS, MINNESOTA, 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, $7,495,000
General Obligation Bonds, Series 2012B, 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 Minneapolis, Minnesota, are necessary for compliance with
rules, regulations, and requirements governing the registration, transfer and payment of
registered Bonds; and
Whereas, a Paying Agent, Bond Registrar and Transfer Agent Agreement (hereafter
"Agreement ") has been prepared to be entered into between the City and Wells Fargo
Bank, National Association.
NOW, THEREFORE, BE IT RESOLVED BY THE City of Dubuque, IOWA:
Section 1. That Wells Fargo Bank, National Association of Minneapolis, Minnesota, is
hereby appointed to serve as Paying Agent, Bond Registrar and Transfer Agent in
connection with the issuance of $7,495,000 General Obligation Bonds, Series 2012B,
dated the date of delivery.
Section 2. That the Agreement with Wells Fargo Bank, National Association of
Minneapolis, Minnesota, is hereby approved and that the Mayor and Clerk are
42
authorized to sign the Agreement on behalf of the City.
Passed and approved this 20th day of February, 2012.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Cable Television Commission Ordinance Amendment: City Manager recommending
an amendment to Ordinance 5 -12, removing the publication requirement, and providing
for the subsequent appointment of commissioners on a staggered basis, appointing
three commissioners one year and four commissioners the following year. Motion by
Connors to receive and file the documents and that the requirement that a proposed
ordinance be considered and voted on for passage at two Council meetings prior to the
meeting at which it is to be passed be suspended. Seconded by Jones. Motion carried
7 -0.
Motion by Connors for final consideration and passage of Ordinance No. 14 -12
Amending Ordinance No. 5 -12 Establishing the Cable Television Commission by
Removing the Thirty (30) Day Publication Requirement in Section 2 -11 -5 and Providing
for Staggered Terms for Commission Members in Section 2 -11 -7. Seconded by Braig.
Motion carried 7 -0.
OFFICIAL PUBLICATION
ORDINANCE NO. 14 -12
AMENDING ORDINANCE NO. 5 -12 ESTABLISHING THE CABLE TELEVISION
COMMISSION BY REMOVING THE THIRTY (30) DAY PUBLICATION REQUIRE-
MENT IN SECTION 2 -11 -5 AND PROVIDING FOR STAGGERED TERMS FOR COM-
MISSION MEMBERS IN SECTION 2 -11 -7
Section 1. Ordinance No. 5 -12, Section 2 -11 -5 is amended to read as follows:
Sec. 2 -11 -5. Membership.
1. The Commission consists of seven (7) residents of the city, appointed by the city
council.
Section 2. Ordinance No. 5 -12, Section 2 -11 -7 is amended to read as follows:
Sec. 2 -11 -7. Term. For the initial appointments, three (3) of the appointments
will be for terms ending July 1, 2014 and four (4) of the appointments will be
for terms ending July 1, 2015. Thereafter, each member of the Commission
will hold office for three (3) years and until such member's successor is ap-
pointed and qualified. The term of office of each member will commence July 1
in the year in which the member is appointed. Vacancies occurring on the
Commission through death, resignation, or permanent removal from the City
will be filled by the mayor with the approval of the city council, but such ap-
pointments will be made to fill out the unexpired term for which the appoint-
ment is made.
Section 3. This Ordinance takes effect on publication.
Passed, approved and adopted the 20th day of February, 2012.
/s /Roy D. Buol, Mayor
Attest: /s /Kevin Firnstahl, City Clerk
Published officially in the Telegraph Herald Newspaper the 9th day of March, 2012.
/s /Kevin S. Firnstahl, City Clerk
Acquisition of Property at 1716 S. Grandview Avenue: City Manager recommending
approval of the purchase of the property at 1716 South Grandview Avenue allowing for
43
future improvements to the entry of Murphy Park. Motion by Braig to receive and file the
documents and adopt Resolution No. 57 -12 Approving the purchase of real estate from
Janet C. Scott. Seconded by Connors. Responding to questions from City Council, City
Manger Van Milligen and Leisure Services Manager Marie Ware stated that there is not
an immediate plan for the space and that selling and moving the current structure is the
preferable first option followed by deconstruction, which would save the City landfill
costs. Motion carried 7 -0.
RESOLUTION NO. 57 -12
APPROVING THE PURCHASE OF REAL ESTATE FROM JANET C. SCOTT
Whereas, Janet C. Scott is the owner of the following real property (the Property);
The east 50 feet of lot 2 of lot 15, and, the east 50 feet of lot 2, both in Summer Hill
Addition to Dubuque, in the City of Dubuque, Iowa, according to the recorded Plat
thereof (1716 South Grandview); and
Whereas, the City Manager has tentatively agreed to purchase the Property from
Janet C. Scott, subject to the approval of an Offer to Buy Real Estate and
Acceptance between City and Janet C. Scott by the City Council and
Whereas, the City Council has determined that it would be in the best interests of the
City to approve the purchase of the Property from Janet C. Scott.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council hereby approves the Offer to Buy and Acceptance
attached hereto.
Section 2. The City Manager and City Attorney are authorized to take such further
action as is required to complete the purchase of the Property.
Passed, approved and adopted this 20th day of February, 2012.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Code of Ordinances Amendment - Removing No Parking Area on 9th Street: City
Manager recommending an amendment to City of Dubuque Code of Ordinance 9 -14-
321.602 to remove a section of no parking on 9th Street just east of Iowa to the alley
east. Motion by Connors to receive and file the documents and that the requirement that
a proposed ordinance be considered and voted on for passage at two Council meetings
prior to the meeting at which it is to be passed be suspended. Seconded by Braig.
Motion carried 7 -0.
Motion by Connors for final consideration and passage of Ordinance No. 15 -12
Amending City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic,
Chapter 14 Parking, Section 9 -14- 321.602 Parking Prohibited on Designated Streets or
Portions Thereof by Removing Prohibited Parking on 9th Street Due to the New
Intersection Pedestrian Area. Seconded by Braig. Motion carried 7 -0.
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OFFICIAL PUBLICATION
ORDINANCE NO. 15 -12
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 9 MOTOR VEHI-
CLES AND TRAFFIC, CHAPTER 14 PARKING, SECTION 9 -14- 321.602 PARKING
PROHIBITED ON DESIGNATED STREETS OR PORTIONS THEREOF BY REMOV-
ING PROHIBITED PARKING ON 9TH STREET DUE TO THE NEW INTERSECTION
PEDESTRIAN AREA
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 9 -14- 321.602 of the City of Dubuque Code of Ordinances is amend-
ed to read as follows:
9 -14- 321.602: PARKING PROHIBITED ON DESIGNATED STREETS OR PORTIONS
THEREOF:
D. No Parking At Any Time Zones Designated: When signs are erected giving notice
thereof, no person shall, at any time, park a vehicle upon any of the following described
streets or parts of streets:
9th Street, West, both sides, from University Avenue to Bluff Street; north side,
from Bluff Street to Locust and Iowa Street to fire headquarters' driveway; south
side, from Main Street to the alley west of Iowa Street and from the alley east of
Iowa Street to Central Avenue.
Section 2. This Ordinance takes effect on publication.
Passed, approved and adopted the 20th day of February, 2012.
/s /Roy D. Buol, Mayor
Attest: /s /Kevin Firnstahl, City Clerk
Published officially in the Telegraph Herald Newspaper on the 24th day of February,
2012.
/s /Kevin S. Firnstahl, City Clerk
Code of Ordinances Amendment - Amending Parking Meter District on 9th Street:
City Manager recommending approval of an amendment to the Code of Ordinances to
allow placement of the additional parking meters in the area of 9th and Iowa Streets to
9th Street and Central Avenue. Motion by Connors to receive and file the documents
and that the requirement that a proposed ordinance be considered and voted on for
passage at two Council meetings prior to the meeting at which it is to be passed be
suspended. Seconded by Jones. Motion carried 7 -0.
Motion by Connors for final consideration and passage of Ordinance No. 16 -12
Amending City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic,
Chapter 14 Parking, Section 9 -14- 321.666 Municipal Parking Meter District Established
by Adding Parking on 9th Street Due to the New Intersection Pedestrian Area. Seconded
by Braig. Motion carried 7 -0.
OFFICIAL PUBLICATION
ORDINANCE NO. 16 -12
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 9 MOTOR VEHI-
CLES AND TRAFFIC, CHAPTER 14 PARKING, SECTION 9 -14- 321.666 MUNICIPAL
PARKING METER DISTRICT ESTABLISHED BY ADDING PARKING ON 9TH
STREET DUE TO THE NEW INTERSECTION PEDESTRIAN AREA
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 9 -14- 321.666 of the City of Dubuque Code of Ordinances is
amended to read as follows:
9 -14- 321.666: MUNICIPAL PARKING METER DISTRICT ESTABLISHED:
There is hereby established a municipal parking meter district to be comprised of
streets and /or portions thereof as follows:
East -west streets:
9th Street, south side, between Iowa Street and the alley east of Iowa Street.
Section 2. This Ordinance takes effect on publication.
Passed, approved and adopted the 20th day of February, 2012.
/s /Roy D. Buol, Mayor
Attest: /s /Kevin Firnstahl, City Clerk
Published officially in the Telegraph Herald Newspaper on the 24th day of February,
2012.
/s /Kevin S. Firnstahl, City Clerk
Code of Ordinance Amendment - Prohibited Parking: City Manager recommending
an amendment to the City of Dubuque Code of Ordinances to bring the City Code into
compliance with the State Code. 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 Resnick. Motion carried 7 -0.
Motion by Jones for final consideration and passage of Ordinance No. 17 -12
Amending City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic,
Chapter 14 Parking, Section 9 -14- 321.600 Prohibited in Specified Places by Adding the
Traveled Portion of the Roadway as a Prohibited Place. Seconded by Resnick. Motion
carried 7 -0.
OFFICIAL PUBLICATION
ORDINANCE NO. 17 -12
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 9 MOTOR VEHI-
CLES AND TRAFFIC, CHAPTER 14 PARKING, SECTION 9 -14- 321.600 PROHIBIT-
ED IN SPECIFIED PLACES BY ADDING THE TRAVELED PORTION OF THE
ROADWAY AS A PROHIBITED PLACE
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 9 -14- 321.600 of the City of Dubuque Code of Ordinances is
amended to read as follows:
9 -14- 321.600: PROHIBITED IN SPECIFIED PLACES:
No person shall stop, stand, or park a vehicle, except when necessary to avoid con-
flict with other traffic or in compliance with the directions of a police officer or traffic con-
trol device, in any of the following places:
A. On a sidewalk.
B. In front of a public or private driveway.
C. Within an intersection.
D. Within five feet (5') on either side of the point on the curb nearest to a fire hydrant.
46
E. Within ten feet (10') upon the approach to any flashing beacon, stop sign, or traffic
control signal located at the side of the roadway; with the exception of parking
spaces within the designated parking meter district and when such spaces are
clearly marked on the parking surface.
F. Within fifty feet (50') of the nearest rail of a railroad crossing, except when parked
parallel with such rail and not exhibiting a red light.
G. Within twenty feet (20') of the driveway entrance to any fire station and on the
side of a street opposite the entrance to any fire station within seventy five feet
(75') of said entrance when properly signposted.
H. Alongside or opposite any street excavation or obstruction when such stopping,
standing, or parking would obstruct traffic.
I. On the roadway side of any vehicle stopped or parked at the edge or curb of
street.
J. Opposite the entrance to a garage or driveway in such a manner or under such
conditions as to leave available less than twenty feet (20') of the width of the
roadway for the free movement of vehicular traffic.
K. Upon any street or in any alley in any part of the city in such a manner or under
such conditions as to leave available less than ten feet (10') of the width of the
roadway of such street or alley for the free movement of vehicular traffic, except
when necessary in obedience to traffic regulations, traffic signs, or signals of a
police officer.
L. At any place where official signs or curb markings prohibit stopping, standing, or
parking.
M. Within ten feet (10') of the crosswalk, whether marked or not, at all intersections
within the city; with the exception of parking spaces within the designated parking
meter district and when such spaces are clearly marked on the parking surface.
N. In an alley under any fire escape at any time.
O. The traveled portion of the roadway.
Section 2. This Ordinance takes effect on publication.
Passed, approved and adopted the 20th day of February, 2012.
/s /Roy D. Buol, Mayor
Attest: /s /Kevin Firnstahl, City Clerk
Published officially in the Telegraph Herald Newspaper on the 24th day of February,
2012.
/s /Kevin S. Firnstahl, City Clerk
Code of Ordinances Amendment - Disabled Parking Fine: City Manager
recommending approval of an amendment to the City of Dubuque Code of Ordinances
adjusting the fine for violation of disabled parking regulations from $100 to $200. Motion
by Lynch 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 Connors for final consideration and passage of Ordinance No. 18 -12
Amending City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic,
Chapter 14 Parking, Section 9 -14- 321.705 Prohibited Use of Parking Places or
Identification Devices by Increasing the Fine for Disabled Parking Violations from
$100.00 to $200.00. Seconded by Braig. Motion carried 7 -0.
47
OFFICIAL PUBLICATION
ORDINANCE NO. 18 -12
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 9 MOTOR VEHI-
CLES AND TRAFFIC, CHAPTER 14 PARKING, SECTION 9 -14- 321.705 PROHIBIT-
ED USE OF PARKING PLACES OR IDENTIFICATION DEVICES BY INCREASING
THE FINE FOR DISABLED PARKING VIOLATIONS FROM $100.00 TO $200.00
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 9 -14- 321.705 of the City of Dubuque Code of Ordinances is
amended to read as follows:
9 -14- 321.705: PROHIBITED USE OF PARKING PLACES OR IDENTIFICATION
DEVICES:
A. Violation: The use of a disabled person space, including the access aisle, located
on either public or private property, by a motor vehicle not displaying a special identifi-
cation device issued by an official state or federal agency, or by a motor vehicle display-
ing such a device but not being used by a disabled person, as operator or passenger, is
prohibited and is a misdemeanor for which a fine may be imposed upon the owner, op-
erator, or lessee of the motor vehicle. The fine for each violation shall be two hundred
dollars ($200.00).
B. Parking Of Vehicle: Each motor vehicle authorized to use a disabled person space
shall be parked within such parking spaces as are established and designated by ap-
propriate markings. Each motor vehicle authorized to use a disabled person space
when operated or moved therein and therefrom shall be operated or moved within the
traffic lanes established and designated by appropriate markings. It shall be prohibited
for any person to cause, allow, or permit any motor vehicle to park across, blocking or
within the accessible access aisle of a disabled person parking space. The fine for each
violation shall be two hundred dollars ($200.00).
Section 2. This Ordinance takes effect on publication.
Passed, approved and adopted the 20th day of February, 2012.
/s /Roy D. Buol, Mayo
Attest: /s /Kevin Firnstahl, City Clerk
Published officially in the Telegraph Herald Newspaper the 24th day of February, 2012.
/s /Kevin S. Firnstahl, City Clerk
Consultant Selection - 9th & 11th Street One- to Two -Way Conversion: City Manager
recommending authorization to contract with IIW Engineers, P.C. to provide
professional services for the 9th Street & 11th Street one -way to two -way conversion
study and the comprehensive analysis of existing traffic signal timings in the Downtown
Central Business District. Motion by Lynch to receive and file the documents and
approve the recommendation. Seconded by Connors. Responding to questions from
City Council, Julie Neeble of IIW Engineers & Surveyors provided information about
what consultant services are provided the in conversion study. Motion carried 7 -0.
East -West Corridor Study — Adoption: (At the City Manager's request, this item was
addressed prior to the East -West Corridor Study — Development Moratorium.) City
Manager recommending formal adoption of the East -West Corridor Connectivity Study
in support of the Engineering Department's continuing effort to implement the report
48
recommendations. Motion by Jones to receive and file the documents and adopt
Resolution No. 58 -12 Adopting the East -West Corridor Connectivity Study Final Report
(September 2010). Seconded by Connors. Motion carried 7 -0.
RESOLUTION NO. 58 -12
ADOPTING THE EAST -WEST CORRIDOR CONNECTIVITY STUDY FINAL REPORT
(SEPTEMBER, 2010)
Whereas, the City of Dubuque has adopted the 2008 Comprehensive Plan that
includes a Transportation Element; and
Whereas, the City of Dubuque has reviewed the East -West Corridor Connectivity
Study Final Report dated September, 2010, and finds it to be consistent with the 2008
Comprehensive Plan.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the East -West Corridor Connectivity Study Final Report (September,
2010) is hereby adopted.
Passed, approved and adopted this 20th day of February, 2012.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
East -West Corridor Study - Development Moratorium: City Manager recommending
establishment of a construction and development moratorium for commercial and
residential properties located within the East -West Corridor Connectivity Study area.
Motion by Connors to receive and file the documents and that the requirement that a
proposed ordinance be considered and voted on for passage at two Council meetings
prior to the meeting at which it is to be passed be suspended. Seconded by Jones.
Responding to questions from City Council, City Manager Van Milligen stated that this is
a short -term moratorium that will stay current development plans that could impact and
complicate the project. Motion carried 6 -1 with Resnick voting nay.
Motion by Connors for final consideration and passage of Ordinance No. 19 -12
Amending City of Dubuque Code of Ordinances Title 14 Building and Development,
Chapter 2 Building, Construction, Demolition and Moving, Section 14 -2 -4: Moratorium
for Construction of Other Work on Certain Streets, Areas of Facilities, by Adding a new
Subsection B Establishing a Moratorium on the Issuance of Building Permits for
Commercial and Residential Construction in the East -West Corridor Study Area.
Seconded by Braig. Motion carried 7 -0.
OFFICIAL PUBLICATION
ORDINANCE NO. 19 -12
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND
DEVELOPMENT, CHAPTER 2 BUILDING, CONSTRUCTION, DEMOLITION AND
MOVING, SECTION 14 -2 -4: MORATORIUM FOR CONSTRUCTION OR
OTHER WORK ON CERTAIN STREETS, AREAS OR FACILITIES, BY
ADDING A NEW SUBSECTION B ESTABLISHING A MORATORIUM ON THE ISSU-
ANCE OF BUILDING PERMITS FOR COMMERCIAL AND RESIDENTIAL CON-
STRUCTION IN THE EAST -WEST CORRIDOR STUDY AREA
Whereas, the City Council has approved the East -West Connectivity Study with the
goal of improving connectivity between the western growth areas of the City and the
49
downtown to analyze the east -west traffic flow in the City, identify corridor improve-
ments or modifications to support growing traffic demands, and to consider transit
needs, pedestrian needs, and sustainability; and
Whereas, the East -West Connectivity Study has identified the University Avenue -
Asbury Road corridor in the East -West Corridor Study Area as critical area for corridor
improvements and modifications; and
Whereas, the City Council finds that it is necessary to study further how such im-
provements and modifications may affect land use and site development in the East -
West Corridor Study Area; and
Whereas, the City Council finds that it is in the best interest of the City and its citizens
to minimize the inconvenience and disruption to property owners in the study area and
to minimize property acquisition costs for construction in the East -West Corridor Study
Area and; and
Whereas, the City Council finds that that a moratorium for the East -West Corridor
Study Area will aid the City Council in its task of municipal planning and will play an im-
portant role in bridging the gap between planning and implementation of such plans;
and
Whereas, the City Council finds that a moratorium on development and construction
will preserve the status quo while study of the area and its needs is completed.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. City of Dubuque Code of Ordinances Title 14, Chapter 2, Section 12 -2 -4 is
hereby amended by adding the following new Subsection B:
B. East -West Corridor Study area. The city manager shall not issue any permit for
any new construction or substantial enlargement, alteration, repair or remodeling of any
structure, building, or sign in the East -West Corridor Study Area as shown on the map
on file in the office of the city clerk, but not to include demolition or emergency repairs,
without the approval of the city council, from the effective date hereof to August 20,
2012, except where a vested right to the issuance of such permit accrued prior to the
effective date hereof.
Section 2. This Ordinance shall take effect upon publication.
Passed, approved and adopted this 20th day of February, 2012.
/s /Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald Newspaper the 24th day of February, 2012.
/s /Kevin S. Firnstahl, City Clerk
COUNCIL MEMBER REPORTS
Resnick inquired about the invocation process being restored. City Attorney Lindahl
stated that there is no Code requirement for the inclusion of innovation on the Council
agenda and that the decision is up to the City Council.
50
CLOSED SESSION
Motion by Jones to enter into closed session at 7:53 p.m. to discuss pending litigation
and property acquisition pursuant to Chapter 21.5(1)(c)(j) Code of Iowa. Seconded by
Resnick. Motion carried 7 -0.
Motion by Jones to reconvene in open session at 8:37 p.m. Seconded by Braig.
Motion carried 7 -0.
There being no further business, upon motion the City Council adjourned at 8:38 p.m.
/s /Kevin S. Firnstahl
City Clerk
51