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11 05 12 City Council Proceedings Official_RegularCITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on November 5, 2012 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor Buol; Council Members Braig, Connors, Jones, Lynch, Resnick, Sut- ton; City Manager Van Milligen, 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 business that may properly come before the City Council. PLEDGE OF ALLEGIANCE MOMENT OF SILENCE May the spirit of wisdom keep our hearts and minds open as we endeavor to serve the common good. PROCLAMATIONS Veterans Day (November 11, 2012) was accepted by John Richardson of American Legion Post #6; Philanthropy Day (November 15, 2012) was accepted by Dan McCarthy, Executive Director of the Finley Health Foundation, 350 N. Grandview, and representing the Asso- ciation of Fundraising Professionals, Greater Tri -State Chapter. Key Club Week (November 5 -9, 2012) was accepted by Natalie Walgren of Illi- nois /Eastern Iowa Key Club Region #15; Hospice Month (November 2012) was accepted by Carole Carroll, Hospice of Dubu- que, 2255 John F. Kennedy Road. PRESENTATION National Association of Development Organizations (NADO) 2012 Innovation Award: Candace Eudaley and Chandra Ravada of the East Central Intergovernmental Associa- tion (ECIA) presented the 2012 NADO Innovation Award to the City of Dubuque for its role in the Smarter Travel Pilot Study. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dis- pose of as indicated. Seconded by Braig. Jacob Long, 4604 Cardinal Drive requested that ( #5) IBM for Smarter Electricity Iowa - Amendment to Joint Development Agree- ment be held for separate discussion. Motion carried 7 -0. Minutes and Reports Submitted: Art and Cultural Advisory Commission of 9/25, Building Code Board of Appeals of 10/26, City Council Proceedings of 10/15, Communi- ty Development Advisory Commission of 10/17, Dubuque County Emergency Manage- ment Commission of 8/7, Housing Commission of 9/25, Historic Preservation of 10/18 and 9/20, Library Board of Trustees of 8/23, 9/27 and Reports of 9/27 and 10/25, Long Range Planning Advisory Commission of 9/19, Transit Advisory Board of 10/11, Proof of Publication for City Council Proceedings of 10/1. Upon motion the documents were re- ceived and filed. Notice of Claims and Suits: Rachel Galazin for vehicle damage, Sandra Juergens for vehicle damage, Darrell Whitt for property damage. Upon motion the documents were received, filed and referred to the City Attorney. Disposition of Claims: City Attorney advising that the following claims have been re- ferred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities As- surance Pool: Jennifer Cooper for loss of income, Rachel Galazin for vehicle damage, Sandra Juergens for vehicle damage, Archie Ralston for vehicle damage, Darrell Whitt for property damage. Upon motion the documents were received, filed and concurred. 2012 Brick Manhole Replacement Project Bid Package 4 - Project Acceptance: City Manager recommending acceptance of the public improvements for the 2012 Brick Manhole Replacement Project Bid Package 4 as completed by Drew Cook & Sons. Up- on motion the documents were received and filed and Resolution No. 291 -12 Accepting the 2012 Brick Manhole Replacement Project Bid Package 4 and authorizing the pay- ment of the contract amount to the contractor was adopted. RESOLUTION NO. 291 -12 ACCEPTING THE 2012 BRICK MANHOLE REPLACEMENT PROJECT BID PACK- AGE 4 AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the 2012 Brick Manhole Replacement Project Bid Package 4 (the Project) has been completed and the City Engineer has ex- amined the work and filed a certificate stating that the Project has been completed ac- cording to the terms of the Public Improvement Contract and that the City Engineer rec- ommends that the Project be accepted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the 2012 Brick Manhole Replacement Project Bid Package 4 appropriations for the contract amount of $74,708.47 less any retained percentage provided for therein as provided in Iowa Code chapter 573, and to pay such retainage only in accordance with the provi- sions of Iowa Code chapter 573. 2 Passed, approved and adopted this 5th day of November 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, CMC, City Clerk City Engineer's Certificate of Final Completion of the 2012 Brick Manhole Re- placement Project The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the 2012 Brick Manhole Replacement Project Bid Package 4 , and that said Project has been performed in compliance with the terms of the Public Improve- ment Contract, and that the total cost of the completed work is $77,308.47. Dated this 1st day of November, 2012. /s /Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 1st day of November, 2012. /s /Kevin S. Firnstahl, CMC, City Clerk IBM for Smarter Electricity Iowa - Amendment to Joint Development Agreement: City Manager recommending approval of an Amended Joint Development Agreement with IBM Research authorizing software licenses necessary to proceed with the Department of Energy Smart Grid Data Access Grant and reflecting a delay in the implementation dates. Motion by Connors to receive and file the documents and approve the recom- mendation. Seconded by Jones. Jacob Long, 4604 Cardinal Drive, addressed the Council about concerns he had with public - private partnerships and requested discus- sion regarding the expenses, funding and competitiveness of the agreement. Respond- ing to questions, Sustainability Coordinator Cori Burbach and Information Services Manager Chris Kohlmann stated that the program is fully funded through grant funds from the Department of Energy and does not compromise competitiveness since IBM is considered a sole- source provider of the products required for the Intelligent Operations Center. Mayor Buol stated that public - private partnerships are essential and invaluable to City projects. Motion carried 7 -0. Sungard OSSI - Public Safety Software Contract: City Manager recommending ap- proval to enter into a contract with Sungard OSSI for the public safety software for the City of Dubuque and its partner public safety agencies. Upon motion the documents were received, filed and approved. Alternative Services Concepts - Workers' Compensation Renewal Rates: City Man- ager recommending approval of the renewal rates from Alternative Services Concepts for services related to the administration of the City's Worker's Compensation Program for the period October 1, 2012, through October 30, 2013. Upon motion the documents were received, filed and approved. Renewal Rate for Voluntary Dental Plan: City Manager recommending approval of the renewal rates for the Delta Dental plan for January 1, 2013, through December 31, 2012. Upon motion the documents were received, filed and approved. 3 Hostess Brands WARN Notification: Correspondence from Jeff Parlato, Vice Presi- dent of Human Resources and Labor Relations, providing an update to the Worker Ad- justment and Retraining Notification (WARN) for Hostess Brands. Upon motion the doc- uments were received and filed. Design Review Guidelines Update - Grant Application: City Manager recommending approval of the submittal of a National Trust for Historic Preservation Funds grant to up- date and consolidate multiple existing design manuals into one comprehensive easy to use and understand document. Upon motion the documents were received and filed and Resolution No. 292 -12 Authorizing grant application for NTHP Funds to update and consolidate design guideline manuals was adopted. RESOLUTION NO. 292 -12 AUTHORIZING GRANT APPLICATION FOR NTHP FUNDS TO UPDATE CONSOLI- DATE DESIGN GUIDELINE MANUALS Whereas, the National Trust for Historic Preservation (NTHP) has Preservation Funds available to encourage preservation at the local level by providing seed money for preservation projects; and Whereas, the City of Dubuque has an adopted design guidelines in for both local his- toric districts and the Downtown Design Guidelines Area; and Whereas, the Historic Preservation Commission has determined a need to consoli- date existing design guidelines manuals and update the manuals to incorporate sus - tainability and modern accessibility principles. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Planning Services Manager is hereby authorized to submit the NTHP Preservation Funds grant for $5,000 to update and consolidate design guideline manu- als. Section 2. The City Council hereby provides its written assurance that the completed project will be adequately maintained for its intended use in accordance with state re- quirements. Passed, approved and adopted this 5th day of November 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Quarterly Investment Report: City Manager transmitting the September 30, 2012 Quarterly Investment Report. Upon motion the documents were received and filed. Plumbing Board: Board Member Dan Harris submitting his resignation from the Plumbing Board. Upon motion the document was received, filed and the resignation ac- cepted. Iowa Economic Development Authority - Heartland Financial Contract: City Manager recommending approval of a contract with the Iowa Economic Development Authority for Iowa Values Funds (IVF) Financial Assistance benefits on behalf of Heartland Fi- nancial USA, Inc. for an expansion of office space in the Roshek Building. Upon motion 4 the documents were received and filed and Resolution No. 293 -12 Approving an Iowa Values Fund Financial Assistance Contract by and among the Iowa Economic Devel- opment Authority, the City of Dubuque and Heartland Financial USA, Inc. was adopted. RESOLUTION NO. 293 -12 APPROVING AN IOWA VALUES FUND FINANCIAL ASSISTANCE CONTRACT BY AND AMONG THE IOWA ECONOMIC DEVELOPMENT AUTHORITY, THE CITY OF DUBUQUE AND HEARTLAND FINANCIAL USA, INC. Whereas, the Heartland Financial USA, Inc. application was approved by the Iowa Economic Development Authority on June 22, 2012; and Whereas, the Iowa Economic Development Authority has prepared and submitted for City Council approval a contract relating to Iowa Values Fund Financial Assistance ben- efits for Heartland Financial USA, Inc. a copy of which is attached hereto and by this reference made a part hereof; and Whereas, the City Council finds that the proposed contract is acceptable and neces- sary to the growth and development of the city. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Iowa Economic Development Authority Iowa Values Fund Finan- cial Assistance contract, Number 12- IVF /TC -089, is hereby approved. Section 2. That the Mayor is hereby authorized and directed to execute the Contract on behalf of the City of Dubuque and forward the executed copy to the Iowa Economic Development Authority for their approval. Passed, approved, and adopted this 5th day of November, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Purchase of Property - 1318 Jackson Street: City Manager recommending approval to purchase a house located at 1318 Jackson Street from the Marcellus J. Pottebaum Trust. Upon motion the documents were received and filed and Resolution No. 294 -12 Approving the acquisition of real estate located at 1318 Jackson Street in the City of Dubuque was adopted. RESOLUTION NO. 294 -12 APPROVING THE ACQUISITION OF REAL ESTATE LOCATED AT 1318 JACKSON STREET, IN THE CITY OF DUBUQUE Whereas, the City of Dubuque intends to acquire certain properties located in the Washington Neighborhood Revitalization Area for the purpose of rehabbing blighted structures; and Whereas, a purchase agreement has been finalized with the owner. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque hereby approves the acquisition of the following legally described property: North 1/2 Lot 56 East Dubuque Addition in the City of Dubuque, Iowa according to the recorded plats thereof at the cost of Thirty Thousand Dollars ($30,000.00). 5 Section 2.That the City of Dubuque be and is hereby authorized to accept a Quit Claim deed from the owner, conveying the owner's interest to the City of Dubuque, Iowa for the herein described real estate. Section 3.That the City Clerk be and he is hereby authorized and directed to cause said Quit Claim Deed to be recorded in the office of the Dubuque County Recorder, to- gether with certified copy of the Resolution. Section 4.That the City Clerk be and he 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 5th day of November, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Federal Emergency Management Agency (FEMA) Buy -Out - Demolition Contract: City Manager recommending approval of the award of the Regulated Asbestos Contain- ing Material demolition contract to Environmental Management Services of Iowa, Inc., to allow for the demolition of the flood - damaged property at 1654 Manson Road through the FEMA 403 Buy -Out Program. Upon motion the documents were received, filed and approved. E. B. Lyons Interpretive Area Expansion - REAP Grant Agreement: City Manager recommending approval of an agreement with the Iowa Department of Natural Re- sources for development of Phase 1 of the 52 -acre E.B. Lyons Interpretive Area Addi- tion at the Mines of Spain State Recreation Area. Upon motion the documents were re- ceived and filed and Resolution No. 295 -12 Authorizing REAP Grant Agreement with Iowa Department of Natural Resources for development of E.B. Lyons Interpretive Area Addition - Phase 1 at the Mines of Spain was adopted. RESOLUTION NO. 295 -12 AUTHORIZING REAP GRANT AGREEMENT WITH IOWA DEPARTMENT OF NATU- RAL RESOURCES FOR DEVELOPMENT OF E.B. LYONS INTERPRETIVE AREA ADDITION - PHASE 1 AT THE MINES OF SPAIN Whereas, the Iowa Department of Natural Resources has allocated $200,000 in FY 2013 REAP (Resource Enhancement and Protection) Program grant funds for devel- opment of phase 1 of the 52 -acre E.B. Lyons Interpretive Area Addition at the Mines of Spain; and Whereas, the City of Dubuque has entered into a purchase agreement with the Iowa Natural Heritage Foundation for acquisition of said 52.19 acres (Bottoms Property) ad- jacent to the E.B. Lyons Interpretive Center and Mines of Spain. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Mayor hereby is authorized to sign and the Planning Services Manag- er is hereby authorized to submit the REAP grant agreement with the Iowa Department of Natural Resources for $200,000 in REAP grant funds for development of phase 1 of the E.B. Lyons Interpretive Area Addition at the Mines of Spain. Section 2. The City Council hereby provides its written assurance that the completed project will be adequately maintained for its intended use in accordance with state re- 6 quirements. Passed, approved and adopted this 5th day of November 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk White Water Creek Bridge Relocation Project, Phase 4 Wood Decking - Project Ac- ceptance: City Manager recommending acceptance of the construction contract for the Historic White Water Creek Bridge Relocation Project, Phase 4 - Wood Decking, as completed by Klauer Construction Company. Upon motion the documents were re- ceived and filed and Resolution No. 296 -12 Accepting the Historic White Water Creek Bridge Relocation Project, Phase 4 - Wood Decking and authorizing the payment of the contract amount to the contractor was adopted. RESOLUTION NO. 296 -12 ACCEPTING THE HISTORIC WHITE WATER CREEK BRIDGE RELOCATION PRO- JECT, PHASE 4 — WOOD DECKING AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the Historic White Water Creek Bridge Relocation Project, Phase 4 — Wood Decking (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 Historic White Water Creek Bridge Restoration Project, Phase 4 - Wood Decking capital improvement appropriation for the contract amount of $15,852.00 less any retained per- centage provided for therein as provided in Iowa Code chapter 573, and to pay such re- tainage only in accordance with the provisions of Iowa Code chapter 573. Passed, approved and adopted this 5th day of November, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, CMC City Clerk City Engineer's Certificate of Final Completion of the Historic White Water Creek Bridge Relocation Project, Phase 4 — Wood Decking The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the Historic White Water Creek Bridge Relocation Project, Phase 4 — Wood Decking, and that said Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $15,852.00. Dated this 1st day of November, 2012. /s /Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 1st day of November, 2012. /s /Kevin S. Firnstahl, CMC City Clerk 7 Technical Assistance Building Blocks for Sustainable Communities: City Manager submitting a Letter of Interest to the U.S. Environmental Protection Agency for Tech- nical Assistance Building Blocks for Sustainable Communities. Upon motion the docu- ment was received, filed and approved. Sustainable Dubuque Project Monthly Status Update: City Manager transmitting the Sustainable Dubuque Project Status Update for the months of September and October, 2012. Upon motion the documents were received and filed. Local Sustainability Matching Fund Grant Application: City Manager recommending approval of Local Sustainability Matching Fund grant application to support the Green & Healthy Homes Initiative. Upon motion the documents were received, filed and ap- proved. Federal Emergency Management Agency (FEMA) - 2012 Community Resilience In- novation Challenge Grant: City Manager transmitting information on the FEMA 2012 Community Resilience Innovation Challenge Grant that the City applied for in partner- ship with Sustainable Strategies DC. Upon motion the documents were received, filed and approved. Facade Design Work - Central Avenue: City Manager recommending approval to uti- lize available UDAG funds to assist property owners on Central Avenue in the Washing- ton Neighborhood with conceptual design work for the facades on their commercial buildings. Upon motion the documents were received, filed and approved. Memo of Understanding IDOT Parking Ticket Registration Holds: City Manager rec- ommending approval of a Memorandum of Understanding with the State of Iowa De- partment of Motor Vehicles related to placement of holds by the City against any vehicle registrations that have unpaid parking tickets. Upon motion the documents were re- ceived, filed and approved. Request to Vacate - National Guard Readiness Center: Communication from Richard Wolbers of Straka Johnson Architects on behalf of the National Guard Readiness Cen- ter requesting that the City vacate a portion of City -owned property at the intersection of 5001 Old Highway Road and 1035 Radford Road. Upon motion the documents were received, filed and referred to the City Manager. Belmont Forum and G8 Research Council Initiative: City Manager submitting corre- spondence to Dr. Nathaniel G. Pitts of the Belmont Forum and G8 Research Council regarding the City's participation in the Urban Hydrology and Water Sustainability Initia- tive. Upon motion the documents were received, filed and approved. Improvement Contracts / Performance, Payment and Maintenance Bonds: Connolly Construction, Inc. for the Eagle Point Park Washout Repair Project; Hayward Baker, Inc. for the Grand River Convention Center Floor Settlement Remediation Project; 8 Klauer Construction Company for the Historic White Water Creek Bridge Restoration Project Phase 4 - Wood Decking; McDermott Excavating for the 2012 Drain Tile Project. Upon motion the documents were received, filed and approved. Signed Contracts: Contract with Schroeder Construction for the Upper Bee Branch Creek Restoration Project. Upon motion the document was received and filed. Alcohol Compliance Civil Penalty for Alcohol License Holders - Olive Garden Restau- rant: City Manager recommending approval of the Acknowledgment /Settlement Agree- ment for an alcohol compliance violation for Olive Garden Restaurant, 3350 Dodge Street. 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. 297 -12 Approving applications for beer, liquor, and /or wine permits, as required by City of Dubuque Code of Ordinances Title 4 Business and Li- cense Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits was adopted. RESOLUTION NO. 297 -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 LIQ- UOR, BEER AND WINE LICENSES AND PERMITS Whereas, applications for Beer, Liquor, and or Wine Permits have been submitted and filed with the City Council for approval and the same have been examined and ap- proved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City and the applicants have filed the proper fees and bonds and otherwise complied with the requirements of the Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Clerk is hereby authorized and directed to cause to be issued the following named applicants and permit types. Renewals Channel Inn Restaurant Dubuque Area Chamber of Commerce Jumpin' Jane's Indoor Party & Play Center Kwik Stop Food Mart Yen Ching Restaurant Party Time Gift Creations 2010 1/2 Kerper Blvd. 300 Main St. Suite 200 4292 Dodge Street 4039 Pennsylvania Ave. 926 Main St 1101 Main St Class C Liquor Class B Native Wine Class B Beer (Includes Wine Coolers) (Sunday) Class C Beer, Class B Native Wine (Sunday) Class C Liquor Class E Liquor, Class C Beer Passed, approved and adopted this 5th day of November, 2012. Roy D. Buol, Mayor 9 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, set the public hearings as indicated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Resnick. Motion carried 7 -0. Brunskill Road Bridge Reconstruction Project: City Manager recommending initiation of the public bidding process for the Brunskill Road Bridge Reconstruction Project, and further recommends that a public hearing be set for November 19, 2012. Upon motion the documents were received and filed and Resolution No. 298 -12 Preliminary approval of plans, specifications, form of contract, and estimated cost; setting date of public hear- ing on plans, specifications, form of contract, and estimated cost; and ordering the ad- vertisement for bids (Brunskill Road Bridge Reconstruction Project Iowa DOT Project No. BROS -2100 (659)8J -31) was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on November 19, 2012 in the Historic Federal Building. RESOLUTION NO. 298 -12 BRUNSKILL ROAD BRIDGE RECONSTRUCTION PROJECT IOWA DOT PROJECT NO. BROS -2100 (659) -8J -31 PRELIMINARY APPROVAL OF PLANS, SPECIFICA- TIONS, FORM OF CONTRACT, AND ESTIMATED COST, SETTING DATE OF PUB- LIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTI- MATED COST, AND ORDERING THE ADVERTISEMENT FOR BIDS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The proposed plans, specifications, form of contract and estimated cost for the Brunskill Road Bridge Reconstruction Project, Iowa DOT Project No. BROS -2100 (659) - - 8J -31, in the estimated amount $1,173,309.52, are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. A public hearing will be held on the 19th day of November, 2012, at 6:30 p.m. in the Historic Federal Building Council Chambers at which time interested persons may ap- pear and be heard for or against the proposed plans and specifications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, form of contract, or estimated cost of the Project. The Brunskill Road Bridge Reconstruction Project, Iowa DOT Project No. BROS- 2100 (659) -8J -31 is hereby ordered to be advertised for bids for construction. The amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the Notice to Bidders hereby approved. The City Clerk is hereby directed to advertise for bids for the construction of the im- provements herein provided, by publishing the attached Notice to Bidders to be pub- lished in a newspaper having general circulation in the City of Dubuque, Iowa, which 10 notice shall be published not less than four but not more than forty -five days before the date for filing bids before 10:00 a.m. on the 20th day of November, 2012. Bids shall be opened and read by the City Clerk at said time and will be submitted to the City Council for final action at the public hearing at 6:30 p.m. on the 19th day of November, 2012, in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa. Passed, adopted and approved this 5th day of November, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, CMC City Clerk Hillcrest Family Services - Request to Vacate Storm Sewer Easement: City Manager recommending approval of a request from Hillcrest Family Services to vacate a storm sewer easement on Lot 1 of Peterson Subdivision No. 2 and further recommends that a public hearing be set for November 19, 2012. Upon motion the documents were re- ceived and filed and Resolution No. 299 -12 Resolution of Intent to vacate and dispose of city interest in storm sewer easements over and across Lot 1 of Peterson Subdivision No. 2 in the City of Dubuque, Dubuque County, Iowa, was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on November 19, 2012 in the Historic Federal Building. RESOLUTION NO. 299 -12 RESOLUTION OF INTENT TO VACATE AND DISPOSE OF CITY INTEREST IN STORM SEWER EASEMENTS OVER AND ACROSS LOT 1 OF PETERSON SUBDI- VISION NO. 2 IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, Hillcrest Family Services is the current owner of Lot 1 of Peterson Subdivi- sion No. 2 in the City of Dubuque, Dubuque County, Iowa; and Whereas, storm sewer easements are currently platted on said Lot 1; and Whereas, development of said Lot 1 has established an alternate location for storm sewer and has been relocated with easements established for same; and Whereas, Hillcrest Family Services, has petitioned to vacate the former storm sewer easements across a portion of said Lot 1. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque, intends to vacate and dispose of its interest in storm sewer easements over a portion of Lot 1 of Peterson Subdivision No. 2 in the City of Dubuque, Dubuque County, Iowa, as shown on the attached Exhibit. Section 2. That the City Clerk be and is hereby authorized and directed to cause a notice of intent to dispose of said interest to be published in the manner as prescribed by law. Passed, approved and adopted this 5th day of November, 2012. Attest: Kevin S. Firnstahl, City Clerk 11 Roy D. Buol, Mayor BOARDS /COMMISSIONS Applicants were invited to address the City Council regarding their desire to serve on the following Boards /Commissions: Civic Center Commission: One 3 -Year term through June 29, 2013 (Vacant term of Fields). Applicants: McKenzie R. Hill, 394 1/2 Bluff St. #2; Jeff Lenhart, 1711 Clarke Dr. Ms. Hill and Mr. Lenhart spoke in support of their respective appointments. Environmental Stewardship Advisory Commission: One 3 -Year term through October 1, 2015 (Expired term of Walter). Applicants: David Koch, 1950 Admiral St.; Gina Ma- kris, 166 Bluff St. Human Rights Commission: One 3 -Year term through January 1, 2015 (Vacant term of Krey). Applicant: Jeff Lenhart, 1711 Clarke Dr. Mr. Lenhart spoke in support of his appointment. Investment Oversight Advisory Committee: One 3 -Year term through July 1, 2015 (Vacant term of King). Applicant: Rick Runde, 1034 Barbaralee Dr. Mediacom Charitable Foundation: One 1 -Year term through December 31, 2013 (Ex- pired term of Chavenelle). Applicant: Gail Chavenelle, 1155 Kelly Lane. Mississippi River Partnership Council: One 3 -Year term through December 31, 2015 (Expired term of Cawley). Applicant: Edward Cawley, 598 Needham St. PUBLIC HEARINGS Upon motion the rules were suspended allowing anyone present to address the City Council. Sale of Property - 2513 -2515 White Street: Proof of publication on notice of public hearing to consider the sale of City -owned property located at 2513 -2515 White Street to James Ferring and the City Manager recommending approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 300 -12 Approving the sale of real estate specifically 2513 -2515 White Street. Seconded by Connors. Jacob Long, 4604 Cardinal Drive, questioned how the property was originally acquired. City Manager Van Milligen stated that the City Council approved the acquisition in 2010. Motion car- ried 7 -0. RESOLUTION NO. 300 -12 APPROVING THE SALE OF REAL ESTATE SPECIFICALLY 2513 -2515 WHITE STREET Whereas, pursuant to a notice, duly published in the Telegraph Herald newspaper, in the City Council of Dubuque, Iowa, met on November 5, 2012, in the Dubuque Historic Federal Building, 350 West 6th Street, Dubuque, Iowa to consider the proposal to dis- pose of City -owned real estate located at 2513 -2515 White Street. Northerly 35 Feet of the Westerly 170 Feet of Lot 227 in Davis Farm, a part of Dubu- que, in the City of Dubuque, County of Dubuque, Iowa Whereas, a qualifying home buyer, James Ferring, has signed an offer to purchase and has obtained financing from a local lender; and Whereas, the City Council of the City of Dubuque, Iowa has overruled any and all ob- 12 jections, oral and written, to the proposal to dispose of the interest of the City of Dubu- que, Iowa, in the herein and above -named real estate to the above -named grantee. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque hereby approves the sale of the following legally - described property: Northerly 35 Feet of the Westerly 170 Feet of Lot 227 in Davis Farm, a part of Dubu- que, in the City of Dubuque, County of Dubuque, Iowa , according to the recorded plat thereof, at the cost of Eighty -Six Thousand Dollars ($86,000). Section 2. That the City of Dubuque be and is hereby authorized to provide a War- ranty Deed to the buyer, conveying the City's interest to James Ferring for the herein - described real estate. Section 3. That the City Clerk be and he is hereby authorized and directed to cause said Warranty Deed to be recorded in the Office of the Dubuque County Recorder, to- gether with certified copy of the Resolution. Section 4. That the City Clerk be and he is hereby authorized and directed to forward a copy of this Resolution to the Dubuque Count Assessor and the Dubuque County Au- ditor. Passed, approved and adopted this 5th day of November 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Eagle Point Water Plant Well Field Electrical Upgrades Project: Proof of publication on notice of public hearing to consider approval of the plans, specifications, form of con- tract and the estimated cost for the Eagle Point Water Plant Well Field Electrical Up- grades Project and the City Manager recommending approval. Motion by Connors to receive and file the documents and adopt Resolution No. 301 -12 Approval of plans, specifications, form of contract, and estimated cost for the Eagle Point Water Plant Well Field Electrical Upgrades Project. Seconded by Jones. Motion carried 7 -0. RESOLUTION NO. 301 -12 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMAT- ED COST FOR THE EAGLE POINT WATER PLANT WELL FIELD ELECTRICAL UPGRADES PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed Plans, Specifications and Form of Contract now on file in the office of the City Clerk and estimated cost for the Eagle Point Water Plant Well Field Electrical Upgrade Project, in the amount of $230,990 are hereby approved. Passed, adopted and approved this 5th day of November, 2012. Roy D. Buol, Mayor Attest: Kevin Firnstahl, City Clerk ARC Transfer Center Phase I Project: Proof of publication on notice of public hearing to consider the plans, specifications, form of contract and the estimated cost for the ARC Transfer Center Phase I Project and the City Manager recommending approval. 13 Motion by Jones to receive and file the documents and adopt Resolution No. 302 -12 Approval of plans, specifications, form of contract, and estimated cost for the ARC Transfer Center Phase 1 Project. Seconded by Resnick. Responding to questions from City Council, Transit Manager Barbara Morck provided an explanation of the project stating that phase 1 provides for a canopy at the Jule Transit System's west side trans- fer center on John F. Kennedy Road. Additional amenities such as enclosures and re- strooms are planned for phase 2 within the next year. Motion carried 7 -0. RESOLUTION NO. 302 -12 ARC TRANSFER CENTER PHASE I CANOPY — 2012 PROJECT APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE ARC TRANSFER CENTER PHASE 1 PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNICL OF THE CITY OF DUBUQUE, IOWA: The proposed plans, specifications, form of contract and estimated cost for the ARC Transfer Center Phase 1 Canopy - 2012 Project, in the estimated amount of $223,516, are hereby approved. Passed, adopted and approved this 5th day of November, 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 Greater Dubuque Development Corporation: President and CEO Rick Dickinson pro- vided a quarterly update of the activities of the Greater Dubuque Development Corpora- tion. Mr. Dickinson credited the City Council's initiatives and public - private partnerships for the community's successes and described a number of commercial business expan- sions that have taken place in the last year. Mr. Dickinson also addressed the low un- employment rate, low property tax rate, and focus on workforce training as well as Dubuque's lead in the areas of financial and insurance services, customer service and manufacturing. Motion by Lynch to receive and file the information. Seconded by Jones. Motion carried 7 -0. Code of Ordinances - ADA Readily Achievable Determinations: City Manager rec- ommending approval of an update to the City's Accessibility Code to clarify how the readily achievable standard is determined and provide for the use of alternative meth- ods of reasonable accommodations in the event that the barrier removal is not readily achievable. Restated motion by Connors to receive and file the documents and consider the first reading of a proposed ordinance amending City of Dubuque Code of Ordinanc- es Title 14 Building and Development, Chapter 1 Building Codes, Article 1 Accessibility Code for Readily Achievable Changes, Section 14 -11 -3 Removal of Architectural Barri- ers if Readily Achievable by adding language to clarify that the determination of Readily Achievable within the City of Dubuque will be made by the City Manager. Seconded by Braig. Responding to questions from the City Council, City Manager Van Milligen stated 14 that determinations would be made with the aid of staff advisors and that the City can- not safeguard against federal interpretation of "readily accessible." Proudly Accessible Dubuque will be contacted for their input on the issue. Motion carried 7 -0. Blue Zone Project Finalist: City Manager requesting that the Mayor and at least two City Council Members attend and represent City Policy Leadership at the Blue Zones site visit on November 15, 2012. Motion by Connors to receive and file the documents and select Council Members Braig, Connors, Lynch, and Sutton as attendees. Public Health Specialist Mary Rose Corrigan and Blue Zone Leadership Team Member Sara Pickley provided details of the event. Motion carried 7 -0. Moody's Investors Service: City Manager transmitting the Moody's Investors Service bond ratings and detailed comments for five current bond issues. Motion by Jones to receive and file the documents. Seconded by Resnick. City Manager Van Milligen pro- vided information on how the City's Comprehensive Plan and Council goals and priori- ties direct debt issuance, debt service and the budgeting /scheduling of Capital Im- provement Projects adding information on the City's current financial health and reten- tion of its Aa1 bond rating. Sale of General Obligation Bonds, Series 2012E, F, H & 1: City Manager advising that the results of the sale of $3,695,000 General Obligation Bonds, Series 2012E; $1,050,000 Taxable General Obligation Bonds, Series 2011 F; $2,420,000 General Ob- ligation Urban Renewal Bonds, Series 2012H; and $7,034,000 Taxable General Obliga- tion Refunding Bonds will be brought to the November 5, 2012 City Council meeting for approval. Motion by Braig to receive and file the documents and adopt Resolution No. 303 -12 Directing the sale of General Obligation Bonds, Series 2012E; Resolution No. 304 -12 Directing the sale of Taxable General Obligation Bonds, Series 2012F; Resolu- tion No. 305 -12 Directing the sale of General Obligation Urban Renewal Bonds, Series 2012H; and Resolution No. 306 -12 Directing the sale of Taxable General Obligation Re- funding Bonds, Series 20121. Seconded by Jones. Tim Oswald of Piper - Jaffray re- viewed the bond sale with the City Council. Motion carried 7 -0. RESOLUTION NO. 303 -12 DIRECTING SALE OF GENERAL OBLIGATION BONDS, SERIES 2012E Whereas, pursuant to notice as required by law, bids have been received at public sale for the bonds described as follows and the best bid received is determined to be the following: GENERAL OBLIGATION BONDS, SERIES 2012E:Bidder: Bank of America Merrill Lynch, of New York, NY, the terms of said bid being: Purchase Price: $3,641,351.93 Principal Amount: $3,640,000 True Interest Rate: 2.487518% Net Interest Cost: $958,432.17 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the bid for the bonds as above set out is hereby determined to be the 15 best and most favorable bid received and, said bonds are hereby awarded based on said bid. Section 2. That the statement of information for bond bidders and the form of contract for the sale of said bonds are hereby approved and the Mayor and Clerk are authorized to execute the same on behalf of the City. Section 3. That the notice of the sale of the bonds heretofore given and all acts of the Clerk done in furtherance of the sale of said bonds are hereby ratified and approved. Passed and approved this 5th day of November, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 304 -12 DIRECTING SALE OF TAXABLE GENERAL OBLIGATION BONDS, SERIES 2012F Whereas, pursuant to notice as required by law, bids have been received at public sale for the bonds described as follows and the best bid received is determined to be the following: TAXABLE GENERAL OBLIGATION BONDS, SERIES 2012F: Bidder: BOSC Inc., of Menomenie Falls, WI, the terms of said bid being: Purchase Price: $1,033,165.94 Principal Amount: $1,035,000 True Interest Rate: 1.700829% Net Interest Cost: $112,884.26 NOW, THEREFORE, BE IT RESOLVED BY THE City Council OF THE City of Dubu- que, IOWA: Section 1. That the bid for the bonds as above set out is hereby determined to be the best and most favorable bid received and, said bonds are hereby awarded based on said bid. Section 2. That the statement of information for bond bidders and the form of contract for the sale of said bonds are hereby approved and the Mayor and Clerk are authorized to execute the same on behalf of the City. Section 3. That the notice of the sale of the bonds heretofore given and all acts of the Clerk done in furtherance of the sale of said bonds are hereby ratified and approved. Passed and approved this 5th day of November, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 305 -12 DIRECTING SALE OF GENERAL OBLIGATION URBAN RENEWAL BONDS, SE- RIES 2012H Whereas, pursuant to notice as required by law, bids have been received at public sale for the bonds described as follows and the best bid received is determined to be the following: GENERAL OBLIGATION URBAN RENEWAL BONDS, SERIES 2012H: Bidder: Robert W. Baird & Co., Inc., of Red Bank, NJ, the terms of said bid being: Purchase Price: $2,373,670.28 Principal Amount: $2,385,000 16 True Interest Rate: 2.533700% Net Interest Cost: $687,029.17 NOW, THEREFORE, BE IT RESOLVED BY THE City Council OF THE City of Dubu- que, IOWA: Section 1. That the bid for the bonds as above set out is hereby determined to be the best and most favorable bid received and, said bonds are hereby awarded based on said bid. Section 2. That the statement of information for bond bidders and the form of contract for the sale of said bonds are hereby approved and the Mayor and Clerk are authorized to execute the same on behalf of the City. Section 3. That the notice of the sale of the bonds heretofore given and all acts of the Clerk done in furtherance of the sale of said bonds are hereby ratified and approved. Passed and approved this 5th day of November, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 306 -12 DIRECTING SALE OF TAXABLE GENERAL OBLIGATION REFUNDING BONDS, SERIES 20121 Whereas, pursuant to notice as required by law, bids have been received at public sale for the bonds described as follows and the best bid received is determined to be the following: TAXABLE GENERAL OBLIGATION REFUNDING BONDS, SERIES 20121: Bidder: BOSC Inc. of Menomonee Falls, WI, the terms of said bid being: Purchase Price: $7,294,553.15 Principal Amount: $7,285,000 True Interest Rate: 1.21925% Net Interest Cost: $325,931.91 NOW, THEREFORE, BE IT RESOLVED BY THE City Council OF THE City of Dubu- que, IOWA: Section 1. That the bid for the bonds as above set out is hereby determined to be the best and most favorable bid *received and, said bonds are hereby awarded based on said bid. Section 2. That the statement of information for bond bidders and the form of contract for the sale of said bonds are hereby approved and the Mayor and Clerk are authorized to execute the same on behalf of the City. Section 3. That the notice of the sale of the bonds heretofore given and all acts of the Clerk done in furtherance of the sale of said bonds are hereby ratified and approved. Passed and approved this 5th day of November, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk General Obligation Refunding Bonds, Series 2012G - Complete Action on Issuance: City Manager recommending approval of the suggested proceedings to complete the action required on the recent Series 2012G refunding bond issuance. Motion by Jones to receive and file the documents and adopt Resolution No. 307 -12 Appointing Wells 17 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; and Resolution No. 308 -12 Authorizing and providing for the issuance of $950,000 General Obligation Refunding Bonds, Series 2012G, and levying a tax to pay said bonds. Se- conded by Connors. Motion carried 7 -0. RESOLUTION NO. 307 -12 APPOINTING WELLS FARGO BANK, NATIONAL ASSOCIATION OF MINNEAP- OLIS, 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, $950,000 General Obligation Refunding Bonds, Series 2012G, dated the date of delivery, have been sold at negotiated sale and action should now be taken to provide for the mainte- nance 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, STATE OF 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 con- nection with the issuance of $950,000 General Obligation Refunding Bonds, Series 2012G, dated the date of delivery. Section 2. That the Agreement with Wells Fargo Bank, National Association of Min- neapolis, 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 5th day of November, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 308 -12 AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $950,000 GENERAL OBLIGATION REFUNDING BONDS, SERIES 2012G, AND LEVYING A TAX TO PAY SAID BONDS Whereas, the Issuer is duly incorporated, organized and exists under and by virtue of the laws and Constitution of the State of Iowa; and Whereas, the Issuer is in need of funds to pay costs of refunding and refinancing of certain outstanding City indebtedness, including the General Obligation Bonds, Series 18 2002C, dated December 1, 2002, an essential corporate purpose, and it is deemed necessary and advisable that General Obligation Refunding Bonds, Series 2012G, to the amount of $950,000 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 pro- ceedings for the issuance of the Bonds, and the Council is therefore now authorized to proceed with the issuance of $950,000 Bonds; and Whereas, pursuant to the provisions of Chapter 75 of the Code of Iowa, the above mentioned bonds were heretofore sold at public sale and action should now be taken to issue said bonds conforming to the terms and conditions of the best bid received at the advertised public sale. NOW, THEREFORE, BE IT RESOLVED BY THE 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 rec- orded 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 $950,000 General Obligation Refunding Bonds, Series 2012G, authorized to be issued by this Resolution. ❑ "Cede & Co." shall mean Cede & Co., the nominee of DTC, and any suc- cessor nominee of DTC with respect to the Bonds. ❑ "Continuing Disclosure Certificate" shall mean that certain Continuing Dis- closure Certificate executed by the Issuer and dated the date of issuance and de- livery of the Bonds, as originally executed and as it may be amended from time to time in accordance with the terms thereof. ❑ "Depository Bonds" shall mean the Bonds as issued in the form of one glob- al 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, State of Iowa. ❑ "Participants" shall mean those broker - dealers, banks and other financial in- stitutions 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 the fund into which 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 19 to the Tax Exemption Certificate. ❑ "Refunded Bonds" shall mean the General Obligation Bonds, Series 2002C, dated December 1, 2002. ❑ "Registrar" shall mean Wells Fargo Bank, National Association of Minneap- olis, 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 main- taining 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 Representa- tions 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 exe- cuted 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 Dubuque, Iowa, to -wit: AMOUNT FISCAL YEAR (JULY 1 TO JUNE 30) OF COLLECTION i$190,318 2012/2013 J $198,613 2013/2014 j $196,713 2014/2015 .$194,813 2015/2016 I$197,438 1 2016/2017 (NOTE: For example the levy to be made and certified against the taxable valua- tions of January 1, 2012 will be collected during the fiscal year commencing July 1, 2013.) (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 as- sess 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 20 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 REFUNDING BOND FUND 2012G" (the "Bond Fund "), which is hereby pledged for and shall be used only for the payment of the prin- cipal 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 prop- erty 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. 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 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 Refunding Bonds of the City in the amount of $950,000, shall be issued pursuant to the provisions of Section 384.25 of the City Code of Iowa for the aforesaid purpose. The Bonds shall be designated "GENERAL OBLIGATION REFUNDING BOND, SERIES 2012G ", be dated the date of delivery, and bear interest from the date thereof, until payment thereof, at the office of the Pay- ing Agent, said interest payable on June 1, 2013, and semiannually thereafter on the 1st day of June and December in each year until maturity at the rates hereinafter pro- vided. 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 own- er of the Bond. The Bonds shall be in the denomination of $5,000 or multiples there- of. The Bonds shall mature and bear interest as follows: Principal Interest Amount Rate $185,000 L___1.1.00 %0 _j___ $190,000 L 1.00% 21 Maturity June 1st 2013 2014 $190,000' '_1.00% 2015 $190,0001- t 1.25% 1 2016 $195,000 L- 1 1.25% 2017 (b) Redemption. The Bonds are not subject to redemption prior to maturity. 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 deter- mines to permit the exchange of Depository Bonds for Bonds in the Authorized De- nominations, 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 Deposi- tory Bonds shall be registered in the name of Cede & Co., as nominee of DTC. Pay- ment 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 pursu- ant to the Representation Letter. (b) With respect to Depository Bonds, neither the Issuer nor the Paying Agent shall have any responsibility or obligation to any Participant or to any Beneficial Owner. Without limiting the immediately preceding sentence, neither the Issuer nor the Pay- ing 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, pre- mium, 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 effec- tive 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 22 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 satis- factory 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 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 Bene- ficial Owners are designated as the transferee by the owners, the Bonds will be de- livered 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 De- pository Bonds, (ii) registration and transfer of interests in Depository Bonds by book entries made on records of the depository or its nominee and (iii) payment of principal of, premium, if any, and interest on the Bonds in accordance with and as such inter- ests 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 ap- pointed as Bond Registrar under the terms of this Resolution and under the provi- sions 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 regis- tration 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 Ar- ticle 8 of the Uniform Commercial Code and Section 384.31 of the Code of Iowa, sub- ject 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 Regis- tration 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 em- ployer 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 dis- closed 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 23 any denomination or denominations permitted by this Resolution in aggregate princi- pal amount equal to the unmatured and unredeemed principal amount of such trans- ferred 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 dis- charge 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 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 Is- suer 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 ben- efit 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 Resolu- tion 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 denomina- tion) 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 24 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 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 au- thentication 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 25 would materially change the foregoing statements or the conclusion that it is not ex- pected 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. 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 17. 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 18. 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. Section 19. 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 20. Qualified Tax - Exempt Obligations. For the sole purpose of qualifying the 26 Bonds as "Qualified Tax - Exempt Obligations" pursuant to the Internal Revenue Code of the United States, the Issuer designates the Bonds to be deemed designated as quali- fied tax - exempt obligations. Section 21. 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 5th day of November, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Downtown Housing and Downtown Rehabilitation Loan / Grant Program Incentives: City Manager recommending approval of updated program guidelines for the City's downtown economic development incentive programs. Motion by Jones to receive and file the documents and adopt Resolution No. 309 -12 Amending the guidelines for the Downtown Housing Incentive, Downtown Rehabilitation Loan, Planning and Design Grant, Facade Grant and Financial Consultant Grant Program within the Greater Down- town Urban Renewal District. Seconded by Connors. Motion carried 7 -0. RESOLUTION NO. 309 -12 AMENDING THE GUIDELINES FOR THE DOWNTOWN HOUSING INCENTIVE, DOWNTOWN REHABILITATION LOAN, PLANNING AND DESIGN GRANT, FACADE GRANT AND FINACIAL CONSULTANT GRANT PROGRAM WITHIN THE GREATER DOWNTOWN URBAN RENEWAL DISTRICT Whereas, the City of Dubuque has a long established practice of offering various programs, through tax increment financing revenues, that increase economic develop- ment, housing and historical rehabilitation opportunities in the Greater Downtown Urban Renewal District; and Whereas, since 1999, the City of Dubuque has awarded or committed 28 low- interest downtown rehabilitation loans, most at $300,000 a piece, through the Downtown Reha- bilitation Loan Program; and Whereas, since 2007, the City of Dubuque has awarded or committed 12 matching grants, up to $10,000 each, to assist the hiring of engineers or architects through the Planning and Design Grant Program; and Whereas, since 2007, the City of Dubuque has awarded or committed 21 matching grants, up to $10,000 each, for historic facade rehabilitation through the Facade Grant Program, and Whereas, since 2007, the City of Dubuque has awarded or committed 6 matching grants, up to $15,000 each, to assist the hiring of financial consultants through the Fi- nancial Consultant Grant Program; and Whereas, since 2010, the City of Dubuque has utilized the $10,000 per unit Down- town Housing Incentive Program to assist private developers in the creation of 191 housing units; and Whereas, City staff, through years of administering the programs, have identified ways to improve the transparency, efficiency and overall quality of the programs for fu- ture downtown rehabilitation. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF 27 DUBUQUE, IOWA: Section 1. The City Council approves the amended program guidelines for the Down- town Rehab Loan Program in the Greater Downtown Urban Renewal District. Section 2. The City Council approves the amended program guidelines for the Plan- ning and Design Grant Program in the Greater Downtown Urban Renewal District. Section 3. The City Council approves the amended program guidelines for the Fa- 9ade Grant Program in the Greater Downtown Urban Renewal District. Section 4. The City Council approves the amended program guidelines for the Finan- cial Consultant Grant Program in the Greater Downtown Urban Renewal District. Section 5. The City Council approves the amended program guidelines for the Down- town Housing Incentive Program in the Greater Downtown Urban Renewal District. Passed, approved and adopted this 6th day of November, 2012. Roy D. Buol, Mayor Attest: Kevin Firnstahl, City Clerk Sister City - Dornbirn, Austria: Mayor Buol presented the proclamation that officially designates the City of Dornbirn, Austria, and the City of Dubuque, Iowa, as Sister Cities. The Mayor and City Clerk Firnstahl updated City Council on their recent delegation visit to the City of Dornbirn. A newly released video provided by the City of Dorbirn describ- ing their city was presented. PUBLIC INPUT Jacob Long, 4604 Cardinal Drive, expressed his concerns about the less well -off ar- eas of the city, the City's indebtedness, revenue projections and sources, long -term public - private partnerships, and utilities monopolies. Mr. Long added that the on -line version of the City's budget documents are difficult to understand. CLOSED SESSION Motion by Jones to convene in closed session at 8:38 p.m. regarding pending litiga- tion pursuant to Chapter 21.5(1)(c) Code of Iowa. Seconded by Resnick. Motion carried 7 -0. Upon motion, the City Council reconvened in open session at 8:49 p.m. stating that staff had been given proper direction. There being no further business, upon motion the City Council adjourned at 8:50 p.m. /s /Kevin S. Firnstahl, CMC City Clerk 28