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4 1 13 City Council Proceedings Official_Special and Regular CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION The Dubuque City Council met in special session at 5:30 p.m. on April 1, 2013 in the th Historic Federal Building, 350 W. 6 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 special session of the City Council called for the purpose of conducting a closed session regarding pending litigation pursuant to Chapter 21.5(1)(c) of Code of Iowa. Motion by Jones to convene in closed session at 5:40 p.m. to discuss pending litiga- tion pursuant to Chapter 21.5(1)(c) of Code of Iowa. Seconded by Resnick. Motion car- ried 7-0. Upon motion the City Council reconvened in open session at 6:32 p.m. stating that staff had been given proper direction. There being no further business, upon motion the City Council adjourned at 6:33 p.m. /s/Kevin S. Firnstahl, CMC City Clerk 1 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in regular session at 6:37 p.m. on April 1, 2013 in the th Historic Federal Building, 350 W. 6 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. PROCLAMATION(S) Week of the Young Child (April 14-20, 2013) was accepted by Louise Ottavi, Chair, Advocacy/Public Awareness Committee for Dubuque County Early Childhood; and Pat Emerson, Child Care Director, Dubuque Community Y, and member of Dubuque Asso- ciation for the Education of Young Children. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dis- pose of as indicated. Seconded by Jones. Motion carried 7-0. Minutes and Reports Submitted: City Council proceedings of 3/18, Civil Service Commission of 3/20, Community Development Advisory Commission of 3/20, Housing Commission of 12/4/12, Human Rights Commission of 2/11, Proof of Publication for City Council proceedings of 3/4. Upon motion the documents were received and filed. Notice of Claims and Suits: Angela Darnell for personal injury; Jessica Fitzgibbons for property damage; Robert Peil, Sr. for personal injury. 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: Angela Darnell for personal injury, Jessica Fitzgibbons for property dam- age, Robert Sarazin for property damage, Donna Schmitt for vehicle damage. Upon mo- tion the documents were received, filed and concurred. 1 Circles® Program - Training Center Think Tank, Inc. Contract: City Manager recom- mending approval of a contract with the Circles® Training Center Think Tank, Inc. for consulting services for the Circles® Initiative for the July 2013-June 2014 contract. Up- on motion the documents were received, filed and approved. Loras College - Department of Justice Violence Against Women Grant: City Manager recommending approval of the Memorandum of Understanding with Loras College for a grant through the Department of Justice Office of Violence Against Women. Upon mo- tion the documents were received, filed and approved. University of Dubuque - Department of Justice Violence Against Women Grant: City Manager recommending approval of the Memorandum of Understanding with the Uni- versity of Dubuque for a grant through the Department of Justice Office of Violence Against Women. Upon motion the documents were received, filed and approved. Helping Services for Northeast Iowa, Inc.: City Manager recommending approval of an agreement with Helping Services of Northeast Iowa to provide up to four officers on an overtime basis to conduct patrols specifically aimed at underage parties. Upon mo- tion the documents were received, filed and approved. SEP Green Alley Permeable Pavers Project (Loras Blvd and Arlington Street from Prairie to Dell Streets) - Award of Contract: City Manager recommending award of the contract for the SEP Green Alley Permeable Pavers Project between Loras Boulevard and Arlington Streets from Prairie Street to Dell Street to the low bidder, Portzen Con- struction, Inc. Upon motion the documents were received and filed and Resolution No. 100-13 Awarding public improvement contract for the SEP Green alley Permeable Pav- ers Project between Loras Boulevard and Arlington Streets from Prairie Street to Dell Street was adopted. RESOLUTION NO. 100-13 AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE SEP GREEN ALLEY PERMEABLE PAVERS PROJECT BETWEEN LORAS BOULEVARD AND ARLING- TON STREETS FROM PRAIRIE STREET TO DELL STREET Whereas, sealed proposals have been submitted by contractors for the SEP Green Alley Permeable Pavers Project between Loras Boulevard and Arlington Streets from Prairie Street to Dell Street (the Project) pursuant to Resolution No. 77-13 and Notice to th Bidders published in a newspaper published in the City of Dubuque, Iowa on the 8 day of March, 2013, and st Whereas, said sealed proposals were opened and read on the 21 day of March, 2013 and it has been determined that Portzen Construction, Inc. of Dubuque, Iowa with a bid proposal in the amount of $174,840.00, is the responsive, responsible bidder for the Project, and Whereas, it has been determined that it is in the best interest of the City of Dubuque to enter into an improvement contract with Portzen Construction, Inc. for said Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a Public Improvement Contract for the Project is hereby awarded to Portzen 2 Construction, Inc. and the City Manager is hereby directed to execute a Public Im- provement Contract on behalf of the City of Dubuque for the Project. st Passed, approved and adopted this 1 day of April, 2013 Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, CMC, City Clerk Workers' Compensation Settlement Agreement: Attorney Les Reddick, representing the City of Dubuque, recommending approval of an Agreement for Settlement regarding a Workers' Compensation claim that was filed against the City of Dubuque by Transit employee Wayne Strohmeyer. Upon motion the documents were received, filed and approved. 2013 Art on the River Exhibition - Artwork Selection: Arts and Cultural Affairs Adviso- ry Commission requesting concurrence with the selection of artwork for the 2013 Art on the River Competition. Upon motion the documents were received, filed and concurred. Community Development Advisory Commission: Commissioner Adam Rathje submit- ting his resignation from the Community Development Advisory Commission. Upon mo- tion the documents were received, filed and the resignation accepted. Civil Service Commission: Civil Service Commission submitting the certified list for the position of Golf Course Technician. Upon motion the document was received, filed and made a Matter of Record. Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the Code of Iowa, an: examination for the position of Golf Course Technician was administered on March 13, 2013. 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. Golf Course Technician 1. Jon McEvoy 7. Jay White 2. Steve Driscoll 8. Matthew Hancock 3. Tom Sheldon 9. Randall Sertle 4. Robert Begey 10. Barbara Liska 5. Katherine Eldridge-Hutton 11. Michael Conner 6. Dave Hanson 12. Steven Schilling 13. Danny Volbrecht Respectfully submitted, Dan White, Chairman Civil Service Commission Shelter Plus Care Five-Year Grant Closeout: City Manager recommending authoriza- tion for the Mayor to execute documents to close out the Fiscal Year 2007 Shelter Plus Care Five-Year Grant. Upon motion the documents were received, filed and approved. 3 Swift Water Adventure Tours -Docking Agreement: City Manager recommending ap- proval of a docking agreement with Swift Water Adventure Tours to embark and disem- bark passengers at the Port of Dubuque Marina. Upon motion the documents were re- ceived, filed and approved. McGraw-Hill Companies - Second Amendment to Development Agreement: City Manager recommending approval of the Second Amendment to Development Agree- ment to change the name of McGraw-Hill Education, LLC to McGraw-Hill Global Educa- tion, LLC. Upon motion the documents were received and filed and Resolution No. 101- 13 Approving Second Amendment of the Development Agreement between the City of Dubuque, Iowa and McGraw-Hill Companies, Inc. was adopted. RESOLUTION NO. 101-13 APPROVING SECOND AMENDMENT OF THE DEVELOPMENT AGREEMENT BE- TWEEN THE CITY OF DUBUQUE, IOWA AND MCGRAW-HILL COMPANIES, INC. Whereas, The McGraw-Hill Companies, Inc. and the City of Dubuque, Iowa (City) en- tered into a Development Agreement (the Development Agreement) dated for reference th purposes the 19 day of June, 2006, as amended by the First Amendment to Develop- st ment Agreement on the 1 day of December, 2008; and Whereas, by Assignment Agreement dated November 26, 2012, The McGraw Hill Companies, Inc. assigned the Development Agreement to McGraw-Hill Education, LLC; and Whereas, McGraw-Hill Education, LLC has changed its name to McGraw-Hill Global Education, LLC as shown by the State of Delaware Certificate of Amendment, attached hereto; and Whereas, City and McGraw-Hill Education, LLC now desire to amend the Develop- ment Agreement to reflect the assignment to McGraw-Hill Education, LLC and the change of name of McGraw-Hill Education, LLC to McGraw-Hill Global Education, LLC. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. All references in the Development Agreement to The McGraw-Hill Compa- nies, Inc., McGraw-Hill Education, LLC, or McGraw-Hill shall mean and refer to McGraw-Hill Global Education, LLC. Section 2. All other terms and conditions of the Development Agreement will remain in full force and effect. st Passed, approved and adopted this 1 day of April, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Signed Contracts: Teska Associates, Inc. for Washington Neighborhood Market Analysis. Upon motion the document was received and filed. Alcohol License Renewals: City Manager recommending approval of annual liquor, beer, and wine licenses as submitted. Upon motion the documents were received and filed and Resolution No. 102-13 Approving applications for beer, liquor, and/or wine permits, as required by City of Dubuque Code of Ordinances Title 4 Business and Li- 4 cense Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits was adopted. RESOLUTION NO. 102-13 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 sub- mitted 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: Section 1. The City Clerk is hereby authorized and directed to cause to be issued the following named applicants and permit types: Renewals Bunker Hill Golf Course 2200 Bunker Hill Rd. Class C Liquor (Sunday) (Outdoor) Eagles Club 1175 Century Dr. Class C Liquor (Sunday) (Outdoor) National Mississippi River Mu-350 E 3 rd St. Class B Native Wine (Sun- seum & Aquarium day) and Class C Liquor Panchero's Mexican Grill 4840 Asbury Rd. Class B Beer (Sunday) (Outdoor) Mindframe Theaters 555 JFK #105 Special Class C Liquor (Sunday) (Beer/Wine) Noonan's Tap 1618 Central Ave. Class C Liquor (Sunday) Salsa's Mexican Restaurant 1091 Main St. Class C Liquor (Sunday) New McAleece Park & Recreation 1801 Admiral Sheehy Dr. Class B Beer (Sunday) Complex (Outdoor) Monks Kaffee Pub 373 Bluff St. Class C Liquor (Sunday) (Outdoor) Adding Privilege Mystique Community Ice Center 1800 Admiral Sheehey Dr. Adding Outdoor to Class C Liquor st Passed, approved and adopted this 1 day of April, 2013. Roy D. Buol, Mayor Kevin S. Firnstahl, City Clerk Attest: 5 ITEMS TO BE SET FOR PUBLIC HEARING Motion by Lynch to receive and file the documents, adopt the resolutions, set the public hearings as indicated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Braig. Motion carried 7-0. Safe Routes To School - Dubuque School Safety Improvements Project: City Man- ager recommending initiation of the public bidding procedure for the Safe Routes to School Program - Dubuque School Safety Improvements Project, and further recom- mends that a public hearing be set for April 15, 2013. Upon motion the documents were received and filed and Resolution No. 103-13 Preliminary approval of plans, specifica- tions, form of contract, and estimated cost; setting date of public hearing on plans, spec- ifications, form of contract, and estimated cost; and ordering the advertisement for bids (Safe Routes to School Program - Dubuque School Safety Improvements Project #SRTS-U-2100(663)8U-31) was adopted setting a public hearing for a meeting to com- mence at 6:30 p.m. on April 15, 2013 in the Historic Federal Building. RESOLUTION NO. 103-13 SAFE ROUTES TO SCHOOL PROGRAM - DUBUQUE SCHOOL SAFETY IM- PROVEMENTS PROJECT #SRTS-U-2100(663)--8U-31 PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE ADVERTISEMENT FOR BIDS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The proposed plans, specifications, form of contract and estimated cost for the Safe Routes to School Program - Dubuque School Safety Improvements Project #SRTS-U- 2100(663)--8U-31 in the estimated amount $78,676.34, are hereby preliminarily ap- proved and ordered filed in the office of the City Clerk for public inspection. th A public hearing will be held on the 15 day of April, 2013, at 6:30 p.m. in the Historic Federal Building Council Chambers at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and es- timated 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 Safe Routes to School Program - Dubuque School Safety Improvements Project #SRTS-U-2100(663)--8U-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 notice shall be published not less than four but not more than forty-five days before the 6 th date for filing bids before 2:00 p.m. on the 18 day of April, 2013. Bids shall be opened and read by the City Clerk at said time and will be submitted to the City Council for final th action at 6:30 p.m. on the 6 day of May, 2013, in the Historic Federal Building Council th Chambers (second floor), 350 West 6 Street, Dubuque, Iowa. st Passed, adopted and approved this 1 day of April, 2013 Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, CMC, City Clerk Bunker Hill Pump Station Improvement Project: City Manager recommending initia- tion of the bidding process for the Bunker Hill Pump Station Improvement Project, and further recommends that a public hearing be set for April 15, 2013. Upon motion the documents were received and filed and Resolution No. 104-13 Preliminary approval of the specifications, form of contract, and estimated cost; setting date of public hearing on the specifications, form of contract, and estimated cost; and ordering the advertisement for bids (Bunker Hill Pump Station Improvement Project) was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on April 15, 2013 in the Historic Feder- al Building. RESOLUTION NO. 104-13 PRELIMINARY APPROVAL OF THE SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON THE SPECIFI- CATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE ADVERTISEMENT FOR BIDS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The proposed plans, specifications, form of contract and estimated cost for the con- struction cost for the project to improve the Bunker Hill Pump Station are hereby prelim- inarily approved and ordered filed in the office of the City Clerk for public inspection. th A public hearing will be held on the 15 day of April, 2013, at 6:30 p.m. in the Historic Federal Building Council Chambers at which time interested persons may appear and be heard for or against the proposed specifications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached no- tice of the time and place of such hearing to be published in a newspaper having gen- eral 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 hear- ing, any interested person may appear and file objections to the proposed specifica- tions, form of contract, or estimated cost of the Project. The Bunker Hill Pump Station Improvement Project is hereby ordered to be adver- tised 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 improvements herein provided, by publishing the attached Notice to Bidders to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four but not more than forty-five days before the date for filing bids before th 2:00 p.m. on the 25 day of April, 2013. Bids shall be opened and read by the City Clerk at 2:00 p.m. and will be submitted to the City Council for final action at the public hear- 7 th ing at 6:30 p.m. on the 6 day of May, 2013, in the Historic Federal Building Council th Chambers (Second Floor), 350 West 6 Street, Dubuque, Iowa. st Passed, adopted and approved this 1 day of April, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk BOARDS/COMMISSIONS Appointment to the following commission: Civil Service Commission: 1 three-year term through April 6, 2016 (Expiring term of White). Applicant: Daniel White, 2919 Elm Street. Upon Council concurrence, Mayor Buol appointed Daniel White to the Civil Ser- vice Commission for a three-year term through April 6, 2016. PUBLIC HEARINGS Upon motion the rules were suspended allowing anyone present to address the City Council. Weaver Castle, LLC - Development Agreement for 324-326 W. Locust Street: Proof of publication on notice of public hearing to approve a Development Agreement with Weaver Castle, LLC to redevelop property located at 324-326 W. Locust Street into four apartments and the City Manager recommending approval. Motion by Braig to receive and file the documents and adopt Resolution No. 105-13 Approving issuance of Urban Renewal Tax Increment Revenue Obligations and the execution of Development Agreement relating thereto with Weaver Castle, LLC. Seconded by Jones. Motion car- ried 7-0. RESOLUTION NO. 105-13 APPROVING ISSUANCE OF URBAN RENEWAL TAX INCREMENT REVENUE OB- LIGATIONS AND THE EXECUTION OF A DEVELOPMENT AGREEMENT RELATING THERETO WITH WEAVER CASTLE, LLC. Whereas, the City Council, by Resolution No. 89 -13, dated March 18, 2013 declared its intent to enter into a Development Agreement with Weaver Castle, LLC; and Whereas, pursuant to published notice, a public hearing was held on the issuance of Urban Renewal Tax Increment Obligations on April 1, 2013 at 6:30 p.m. in the Historic th Federal Building, 350 W. 6 Street, Dubuque, Iowa; and Whereas, it is the determination of the City council to approve the Urban Renewal Tax Increment Revenue obligations, as provided by Chapter 403 of the Code of Iowa, and to enter into the Development Agreement relating thereto for the purpose of carry- ing out an Urban Renewal Plan as hereinafter described is in the public 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 and Weaver Castle, LLC. is hereby approved. Section 2. That the Mayor is hereby authorized and directed to execute the Devel- opment Agreement on behalf of the City and City Clerk is authorized and directed to at- 8 test to his signature. Section 3. 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. st Passed, approved and adopted this 1 day of April, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Request to Vacate University Avenue Extension - MRJD Properties: Proof of publica- tion on notice of public hearing to consider a request by MRJD Properties to vacate a portion of University Avenue Extension adjacent to Iowa Auto Glass at 2796 University Avenue and the City Manager recommending approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 106-13 Disposing of City Interest Lot 2A University Extension Place in the City of Dubuque, Iowa; and Resolution No. 107-13 Vacating a portion of University Avenue Extension in the City of Dubuque, Iowa. Se- conded by Braig. Motion carried 7-0. RESOLUTION NO. 106-13 DISPOSING OF CITY INTEREST LOT 2A UNIVERSITY EXTENSION PLACE IN THE CITY OF DUBUQUE, IOWA Whereas, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general circulation published in the nd City of Dubuque, Iowa on this 22 day of March, 2013, the City Council of the City of st Dubuque, Iowa met on the 1 day of April, 2013, at 6:30 p.m. in the Historic Federal th Building Council Chambers (second floor), 350 West 6 Street, Dubuque, Dubuque County, Iowa to consider the proposal for the sale of real estate described as: Lot 2A University Extension Place in the City of Dubuque, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objec- tions, oral or written to the proposal to sell such real estate. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the sale of City of Dubuque real property described as Lot 2A Univer- sity Extension Place in the City of Dubuque, Iowa, to MRJD Properties, L.L.C. be con- tingent upon the payment of $23,477.00, plus platting, publication, and filing fees. 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, construct- ing, reconstructing, repairing, owning, operating, and maintaining sanitary and storm sewers over the entire area of said Lot 2A of University Extension Place, as may be au- thorized by the City of Dubuque, Iowa. Section 3. That the Mayor be authorized and directed to execute a Quit Claim Deed, and the City Clerk be and is hereby authorized and directed to deliver said deed of con- veyance to MRJD Properties, L.L.C. upon receipt of the purchase price in full. Section 4. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution in the offices of the City Assessor, Dubuque County Re- corder and Dubuque County Auditor. st Passed, approved and adopted this 1 day of April, 2013 Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, CMC, City Clerk 9 RESOLUTION NO. 107-13 VACATING A PORTION OF UNIVERSITY AVENUE EXTENSION IN THE CITY OF DUBUQUE, IOWA Whereas, MRJD Properties LLC has requested the vacating of Lot 2A University Ex- tension Place near University Avenue Extension in the City of Dubuque, Iowa; and Whereas, IIW, P.C. has prepared and submitted to the City Council of the City of th Dubuque, Iowa, a plat dated the 11 day February, 2013, showing the vacated portion of University Avenue Extension, and assigned lot numbers thereto, which hereinafter shall be known and described as Lot 2A University Extension Place in the City of Dubu- que, Iowa; and Whereas, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general circulation published in the nd City of Dubuque, Iowa on this 22 day of March, 2013, the City Council of the City of st Dubuque, Iowa met on the 1 day of April, 2013, at 6:30 p.m. in the Historic Federal th Building Council Chambers (second floor), 350 West 6 Street, Dubuque, Dubuque County, Iowa to consider the request to vacate; and Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objec- tions, oral or written to the request to vacate; and Whereas, the City Council of the City of Dubuque, Iowa, has determined that this por- tion of University Avenue Extension is no longer required for public use, and vacating of said portion of University Avenue Extension to be known as Lot 2A University Extension Place in the City of Dubuque, Iowa should be approved. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the real estate described as Lot 2A University Extension Place in the City of Dubuque, Iowa, be and the same is hereby vacated. 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, construct- ing, reconstructing, repairing, owning, operating, and maintaining sanitary and storm sewer over the entire vacated area as may be authorized by the City of Dubuque, Iowa as shown on the Plat of Survey of Lot 2A University Extension Place in the City of Dubuque, Iowa. st Passed, approved and adopted this 1 day of April, 2013 Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, CMC, City Clerk Upon motion the rules were reinstated limiting discussion to the City Council. ACTION ITEMS Sewer Revenue Capital Loan Notes - Series 2013 State Revolving Fund Loan: City Manager recommending approval of the suggested proceedings to complete action re- quired on the $3,048,000 Sewer Revenue Capital Loan Notes from the State of Iowa Revolving Fund Loan Iowa Water Pollution Control Works Financing Program. Motion by Connors to receive and file the documents and adopt Resolution No. 108-13 Approv- ing and authorizing a form of loan and disbursement agreement by and between the City of Dubuque, Iowa and the Iowa Finance Authority, and authorizing and providing 10 for the issuance and securing the payment of $3,048,000 Sewer Revenue Capital Loan Notes, Series 2013, of the City of Dubuque, Iowa, under the provisions of the City Code of Iowa, and providing for a method of payment of said notes. Seconded by Resnick. Motion carried 7-0. RESOLUTION NO. 108-13 APPROVING AND AUTHORIZING A FORM OF LOAN AND DISBURSEMENT AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE, IOWA AND THE IOWA FINANCE AUTHORITY, AND AUTHORIZING AND PROVIDING FOR THE ISSUANCE AND SECURING THE PAYMENT OF $3,048,000 SEWER REVENUE CAPITAL LOAN NOTES, SERIES 2013, OF THE CITY OF DUBUQUE, IOWA, UNDER THE PROVI- SIONS OF THE CITY CODE OF IOWA, AND PROVIDING FOR A METHOD OF PAY- MENT OF SAID NOTES Whereas, the City Council of the City of Dubuque, Iowa, sometimes hereinafter re- ferred to as the "Issuer", has heretofore established charges, rates and rentals for ser- vices which are and will continue to be collected as system revenues of the municipal sewer system, sometimes hereinafter referred to as the "System", and said revenues have not been pledged and are available for the payment of Sewer Revenue Capital Loan Notes, Series 2013, subject to the following premises; and Whereas, Issuer proposes to issue its Sewer Revenue Capital Loan Notes, Series 2013, to the extent of $3,048,000, for the purpose of defraying the costs of the Project as set forth in Section 1 of this Resolution; and, it is deemed necessary and advisable and in the best interests of the City that a form of Loan and Disbursement Agreement by and between the City and the Iowa Finance Authority, be approved and authorized; and Whereas, there were issued $2,000,000 Sewer Revenue Capital Loan Notes, Series 2009A, $1,141,000 Sewer Revenue Capital Loan Notes, Series 2010A and $64,885,000 Sewer Revenue Capital Loan Notes, Series 2010E part of which remain outstanding and are a lien on the net revenues of the System (the "Outstanding Obligations"). In the resolution authorizing the issuance of the Outstanding Obligations it is provided that ad- ditional revenue notes or bonds may be issued on a parity with the outstanding notes or bonds, for the costs of future improvements and extensions to the System, provided that there has been procured and placed on file with the City Clerk, a statement complying with the conditions and limitations therein imposed upon the issuance of said parity notes or bonds; and Whereas, the Original Purchaser of the current issue of Notes also purchased and holds the Outstanding Obligations issue and has waived any requirement in the resolu- tion authorizing the Outstanding Obligations to obtain a "parity certificate" from an inde- pendent auditor, and hereby consents to the current issue on an equal parity to the Out- standing Obligations; and Whereas, the notice of intention of Issuer to take action for the issuance of $3,048,000 Sewer Revenue Capital Loan Notes, Series 2013, has heretofore been duly published and no objections to such proposed action have been filed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, STATE OF 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: ♦ "Additional Bonds" shall mean any sewer revenue bonds or notes or other obliga- 11 tions issued on a parity with the Notes in accordance with the provisions of Section 21 hereof. ♦ "Agreement" shall mean a Loan and Disbursement Agreement dated as of the Closing between the City and the Original Purchaser relating to the Loan made to the City under the Program. ♦ "City Clerk" shall mean the City Clerk or such other officer of the successor Gov- erning Body as shall be charged with substantially the same duties and responsibilities. ♦ "Closing" shall mean the date of delivery of the Note to the Original Purchaser and the funding of the Loan by the Trustee. ♦ "Corporate Seal" shall mean the official seal of Issuer adopted by the Governing Body. ♦ "Fiscal Year" shall mean the twelve months' period beginning on July 1 of each year and ending on the last day of June of the following year, or any other consecutive twelve-month period adopted by the Governing Body or by law as the official accounting period of the System; provided, that the requirements of a fiscal year as expressed in this Resolution shall exclude any payment of principal or interest falling due on the first day of the fiscal year and include any payment of principal or interest falling due on the first day of the succeeding fiscal year. ♦ "Governing Body" shall mean the City Council, or its successor in function with respect to the operation and control of the System. ♦ "Independent Auditor" shall mean an independent firm of certified public ac- countants or the Auditor of State. ♦ "Issuer" and "City" shall mean the City of Dubuque, Iowa. ♦ "Loan" shall mean the principal amount allocated by the Original Purchaser to the City under the Program, equal in amount to the principal amount of the Notes. ♦ "Net Revenues" shall mean gross earnings of the System after deduction of Cur- rent Expenses; "Current Expenses" shall mean and include the reasonable and neces- sary cost of operating, maintaining, repairing and insuring the System, including pur- chases at wholesale, if any, salaries, wages, and costs of materials and supplies, but excluding depreciation and principal of and interest on the Notes and any Parity Obliga- tions or payments to the various funds established herein; capital costs, depreciation and interest or principal payments are not System expenses. ♦ "Notes" or "Note" shall mean $3,048,000 Sewer Revenue Capital Loan Notes, Series 2013, authorized to be issued by this Resolution. ♦ "Original Purchaser" shall mean the Iowa Finance Authority, as the purchaser of the Notes from Issuer at the time of their original issuance. "Outstanding Obligations" shall mean the Sewer Revenue Capital Loan Notes, 2009A, dated January 14, 2009, issued in accordance with a resolution adopted De- cember 15, 2008, $1,555,000 of which obligations are still outstanding and unpaid and remain a lien on the Net Revenues of the System; Sewer Revenue Capital Loan Notes, Series 2010A, dated January 13, 2010 issued in accordance with a resolution adopted December 21, 2009 $1,586,000 of which obligations are still outstanding and unpaid and remain a lien on the Net Revenues of the System; and Sewer Revenue Capital Loan Notes, Series 2010E, dated August 18, 2010 issued in accordance with a resolu- tion adopted August 10, 2010 $64,885,000 of which obligations are still outstanding and unpaid and remain a lien on the Net Revenues of the System. ♦ "Parity Obligations" shall mean notes or bonds payable solely from the Net Rev- 12 enues of the System on an equal basis with the Notes herein authorized to be issued and shall include Additional Bonds as authorized to be issued under the terms of this Resolution and the Outstanding Obligations. ♦ "Paying Agent" shall mean the Finance Director, or such successor as may be approved by Issuer as provided herein and who shall carry out the duties prescribed herein as Issuer's Agent to provide for the payment of principal of and interest on the Notes as the same shall become due. ♦ "Permitted Investments" shall mean: direct obligations of (including obligations issued or held in book entry form on the books of) the Department of the Treasury of the United States of America; cash (insured at all times by the Federal Deposit Insurance Corporation or otherwise collateralized with obligations described in the above paragraph); obligations of any of the following federal agencies which obligations represent full faith and credit of the United States of America, including: Export - Import Bank Farm Credit System Financial Assistance Corporation USDA - Rural Development General Services Administration U.S. Maritime Administration Small Business Administration Government National Mortgage Association (GNMA) U.S. Department of Housing & Urban Development (PHA's) Federal Housing Administration repurchase agreements whose underlying collateral consists of the investments set out above if the Issuer takes delivery of the collateral either directly or through an au- thorized custodian. Repurchase agreements do not include reverse repurchase agree- ments; senior debt obligations rated "AAA" by Standard & Poor's Corporation (S&P) or "Aaa" by Moody's Investors Service Inc. (Moody's) issued by the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation; U.S. dollar denominated deposit accounts, federal funds and banker's acceptances with domestic commercial banks which have a rating on their short-term certificates of deposit on the date of purchase of "A-1" or "A-1+" by S&P or "P-1" by Moody's and ma- turing no more than 360 days after the date of purchase (ratings on holding companies are not considered as the rating of the bank); commercial paper which is rated at the time of purchase in the single highest classifi- cation, "A-1+" by S&P or "P-1" by Moody's and which matures not more than 270 days after the date of purchase; investments in a money market fund rated "AAAm" or "AAAm-G" or better by S&P; pre-refunded Municipal Obligations, defined as any bonds or other obligations of any state of the United States of America or of any agency, instrumentality or local govern- mental unit of any such state which are not callable at the option of the obligor prior to maturity or as to which irrevocable instructions have been given by the obligor to call on the date specified in the notice; and (a) which are rated, based on an irrevocable es- crow account or fund (the "escrow"), in the highest rating category of S&P or Moody's or any successors thereto; or (b)(i) which are fully secured as to principal and interest and redemption premium, if any, by an escrow consisting only of cash or direct obligations of 13 the Department of the Treasury of the United States of America, which escrow may be applied only to the payment of such principal of and interest and redemption premium, if any, on such bonds or other obligations on the maturity date or dates thereof or the specified redemption date or dates pursuant to such irrevocable instructions, as appro- priate; and (ii) which escrow is sufficient, as verified by a nationally recognized inde- pendent certified public accountant, to pay principal of and interest and redemption premium, if any, on the bonds or other obligations described in this paragraph on the maturity date or dates specified in the irrevocable instructions referred to above, as ap- propriate; tax exempt bonds as defined and permitted by section 148 of the Internal Revenue Code and applicable regulations and only if rated within the two highest classifications as established by at least one of the standard rating services approved by the superin- tendent of banking by rule adopted pursuant to chapter 17A Code of Iowa; an investment contract rated within the two highest classifications as established by at least one of the standard rating services approved by the superintendent of banking by rule adopted pursuant to chapter 17A Code of Iowa; and Iowa Public Agency Investment Trust. "Prior Note Resolutions" shall mean the resolution of the City Council adopted on December 15, 2008, authorizing the issuance of the Sewer Revenue Capital Loan Notes, Series 2009A, dated January 1, 2009; resolution adopted on December 21, 2009, authorizing the issuance of the Sewer Revenue Capital Loan Notes, Series 2010A, dated January 13, 2010; and resolution adopted on August 10, 2010, authoriz- ing the issuance of the Sewer Revenue Capital Loan Notes, Series 2010E, dated Au- gust 18, 2010. "Program" shall mean the Iowa Water Pollution Control Works Financing Program undertaken by the Original Purchaser. "Project" shall mean the costs of acquisition, construction, reconstruction, extending, remodeling, improving, repairing and equipping of the System, including those costs as- sociated with the acquisition and installation of microturbines, compression skid, heat recovery units and related mechanical, electrical and site work at the Water & Resource Recovery Center to utilize anaerobic digester gas in a combined heat and power facility. "Project Fund" shall mean the Loan Account maintained by the Trustee under the Program for the benefit of the Issuer, into which the proceeds of the Loan and the Note shall be allocated and held until disbursed to pay Project costs. "Rebate Fund" shall mean the fund so defined in and established pursuant to the Tax Exemption Certificate. "Registrar" shall be the Finance Director, or such successor as may be approved by Issuer as provided herein and who shall carry out the duties prescribed herein with re- spect to maintaining a register of the owners of the Notes. Unless otherwise specified, the Registrar shall also act as Transfer Agent for the Notes. "System" shall mean the municipal sewer system utility of the Issuer and all proper- ties of every nature hereinafter owned by the Issuer comprising part of or used as a part of the System, including all wastewater treatment facilities, including all wastewater treatment facilities, sanitary sewers, force mains, pumping stations and all related prop- erty and improvements and extensions made by Issuer while any of the Notes or Parity Obligations remain outstanding; all real and personal property; and all appurtenances, contracts, leases, franchises and other intangibles. 14 "Tax Exemption Certificate" shall mean the Tax Exemption Certificate executed by the Finance Director and delivered at the time of issuance and delivery of the Notes. "Treasurer" shall mean the Finance Director or such other officer as shall succeed to the same duties and responsibilities with respect to the recording and payment of the Notes issued hereunder. "Trustee" shall mean Wells Fargo Bank, National Association, with its principal office located in the City of Chicago, Illinois, and its successors and any corporation resulting from or surviving any consolidation or merger to which it or its successors may be a par- ty and any successor trustee under the Program. "Yield Restricted" shall mean required to be invested at a yield that is not materially higher than the yield on the Notes under Section 148(a) of the Internal Revenue Code or regulations issued thereunder. Section 2. Authority. The Agreement and the Notes authorized by this Resolution shall be issued pursuant to Sections 384.24A, 384.82, and 384.83 of the Code of Iowa, and in compliance with all applicable provisions of the Constitution and laws of the State of Iowa. The Agreement shall be substantially in the form attached to this Resolution and is authorized to be executed and issued on behalf of the Issuer by the Mayor and attested by the City Clerk. Section 3. Authorization and Purpose. There are hereby authorized to be issued, ne- gotiable, serial, fully registered Revenue Notes of the City of Dubuque, in the County of Dubuque, Iowa, each to be designated as "Sewer Revenue Capital Loan Note, Series 2013", in the aggregate amount of $3,048,000, for the purpose of paying costs of the Project. The City Council, pursuant to Sections 384.24A, 384.82, and 384.83 of the City Code of Iowa, hereby finds and determines that it is necessary and advisable to issue said Notes authorized by the Agreement and this Resolution. Section 4. Source of Payment. The Notes herein authorized and Parity Obligations and the interest thereon shall be payable solely and only out of the net earnings of the System and shall be a first lien on the future Net Revenues of the System. The Notes shall not be general obligations of the Issuer nor shall they be payable in any manner by taxation and the Issuer shall be in no manner liable by reason of the failure of the said Net Revenues to be sufficient for the payment of the Notes. Section 5. Note Details. Sewer Revenue Capital Loan Notes, Series 2013, of the City in the amount of $3,048,000, shall be issued to evidence the obligations of the Issuer under the Agreement pursuant to the provisions of Sections 384.24A, 384.82, and 384.83 of the City Code of Iowa for the aforesaid purpose. The Notes shall be designat- ed "SEWER REVENUE CAPITAL LOAN NOTE, SERIES 2013", be dated the date of delivery, and bear interest at the rate of 1.75% per annum from the date of each ad- vancement made under the Agreement, until payment thereof, at the office of the Pay- ing Agent, said interest payable on December 1, 2013, and semi-annually thereafter on st the 1 day of June and December in each year until maturity as set forth on the Debt Service Schedule attached to the Agreement as Exhibit A and incorporated herein by this reference. As set forth on said Debt Service Schedule, principal shall be payable on st June 1, 2014 and annually thereafter on the 1 day of June in the amounts set forth therein until principal and interest are fully paid, except that the final installment of the entire balance of principal and interest, if not sooner paid, shall become due and paya- ble on June 1, 2033. Notwithstanding the foregoing or any other provision hereof, prin- cipal and interest shall be payable as shown on said Debt Service Schedule until com- 15 pletion of the Project, at which time the final Debt Service Schedule shall be determined by the Trustee based upon actual advancements, final costs and completion of the Pro- ject, all as provided in the administrative rules governing the Program. Payment of prin- cipal and interest on the Notes shall at all times conform to said Debt Service Schedule and the rules of the Program. The Notes 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 imprinted 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, wire transfer or automated clearing house system transfer to the registered owner of the Note. The Notes shall be in the denomination of $1,000 or multiples thereof and may at the request of the Original Pur- chaser be initially issued as a single Note in the denomination of $3,048,000 and num- bered R-1. Section 6. Initiation Fee and Servicing Fee. In addition to the payment of principal of and interest on the Notes, the Issuer also agrees to pay the Initiation Fee and the Ser- vicing Fee as defined and in accordance with the terms of the Agreement. Section 7. Redemption. The Notes are subject to optional redemption at a price of par plus accrued interest (i) on any date upon receipt of written consent of the Original Purchaser or (ii) in the event that all or substantially all of the Project is damaged or de- stroyed. Any optional redemption of the Notes may be made from any funds regardless of source, in whole or from time to time in part, in inverse order of maturity, by giving not less than thirty (30) days' notice of redemption by certified or registered mail to the Orig- inal Purchaser (or any other registered owner of the Note). The terms of redemption shall be par, plus accrued interest to date of call. The Notes are also subject to manda- tory redemption as set forth in Section 5 of the Agreement. Section 8. Registration of Notes; Appointment of Registrar; Transfer; Ownership; De- livery; and Cancellation. (a) Registration. The ownership of Notes may be transferred only by the mak- ing of an entry upon the books kept for the registration and transfer of ownership of the Notes, and in no other way. The Treasurer is hereby appointed as Note Registrar under the terms of this Resolution. Registrar shall maintain the books of the Issuer for the registration of ownership of the Notes for the payment of principal of and interest on the Notes as provided in this Resolution. All Notes shall be negotiable as provided in Article 8 of the Uniform Commercial Code sub- ject to the provisions for registration and transfer contained in the Notes and in this Resolution. (b) Transfer. The ownership of any Note may be transferred only upon the Registration Books kept for the registration and transfer of Notes and only upon surrender thereof at the office of the Registrar together with an assignment duly executed by the holder or his duly authorized attorney in fact in such form as shall be satisfactory to the Registrar, along with the address and social security number or federal employer identification number of such transferee (or, if regis- tration is to be made in the name of multiple individuals, of all such transferees). In the event that the address of the registered owner of a Note (other than a reg- istered 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 infor- 16 mation pertaining to the registered owner required above. Upon the transfer of any such Note, a new fully registered Note, of any denomination or denomina- tions permitted by this Resolution in aggregate principal amount equal to the un- matured and unredeemed principal amount of such transferred fully registered Note, and bearing interest at the same rate and maturing on the same date or dates shall be delivered by the Registrar. (c) Registration of Transferred Notes. In all cases of the transfer of the Notes, the Registrar shall register, at the earliest practicable time, on the Registration Books, the Notes, in accordance with the provisions of this Resolution. (d) Ownership. As to any Note, the person in whose name the ownership of the same shall be registered on the Registration Books of the Registrar shall be deemed and regarded as the absolute owner thereof for all purposes, and pay- ment of or on account of the principal of any such Notes and the premium, if any, and interest thereon shall be made only to or upon the order of the registered owner thereof or his legal representative. All such payments shall be valid and ef- fectual to satisfy and discharge the liability upon such Note, including the interest thereon, to the extent of the sum or sums so paid. (e) Cancellation. All Notes which have been redeemed shall not be reissued but shall be cancelled by the Registrar. All Notes which are cancelled by the Registrar shall be destroyed and a Certificate of the destruction thereof shall be furnished promptly to the Issuer; provided that if the Issuer shall so direct, the Registrar shall forward the cancelled Notes to the Issuer. (f) Non-Presentment of Notes. In the event any payment check representing payment of principal of or interest on the Notes is returned to the Paying Agent or if any note is not presented for payment of principal at the maturity or redemption date, if funds sufficient to pay such principal of or interest on Notes shall have been made available to the Paying Agent for the benefit of the owner thereof, all liability of the Issuer to the owner thereof for such interest or payment of such Notes shall forthwith cease, terminate and be completely discharged, and there- upon it shall be the duty of the Paying Agent to hold such funds, without liability for interest thereon, for the benefit of the owner of such Notes who shall thereaf- ter be restricted exclusively to such funds for any claim of whatever nature on his part under this Resolution or on, or with respect to, such interest or Notes. The Paying Agent's obligation to hold such funds shall continue for a period equal to two years and six months following the date on which such interest or principal became due, whether at maturity, or at the date fixed for redemption thereof, or otherwise, at which time the Paying Agent, shall surrender any remaining funds so held to the Issuer, whereupon any claim under this Resolution by the Owners of such interest or Notes of whatever nature shall be made upon the Issuer. Section 9. Reissuance of Mutilated, Destroyed, Stolen or Lost Notes. In case any outstanding Note shall become mutilated or be destroyed, stolen or lost, the Issuer shall at the request of Registrar authenticate and deliver a new Note of like tenor and amount as the Note so mutilated, destroyed, stolen or lost, in exchange and substitution for such mutilated Note to Registrar, upon surrender of such mutilated Note, or in lieu of and substitution for the Note destroyed, stolen or lost, upon filing with the Registrar evi- dence satisfactory to the Registrar and Issuer that such Note has been destroyed, sto- len or lost and proof of ownership thereof, and upon furnishing the Registrar and Issuer 17 with satisfactory indemnity and complying with such other reasonable regulations as the Issuer or its agent may prescribe and paying such expenses as the Issuer may incur in connection therewith. Section 10. Record Date. Payments of principal and interest, otherwise than upon full redemption, made in respect of any Note, shall be made to the registered holder thereof or to their designated Agent as the same appear on the books of the Registrar on the th 15 day of the month preceding the payment date. All such payments shall fully dis- charge the obligations of the Issuer in respect of such Notes to the extent of the pay- ments so made. Section 11. Execution, Authentication and Delivery of the Notes. Upon the adoption of this Resolution, the Mayor and City Clerk shall execute and deliver the Notes to the Registrar, who shall authenticate the Notes and deliver the same to or upon order of the Original Purchaser. No Note shall be valid or obligatory for any purpose or shall be enti- tled to any right or benefit hereunder unless the Registrar shall duly endorse and exe- cute on such Note a Certificate of Authentication substantially in the form of the Certifi- cate herein set forth. Such Certificate upon any Note executed on behalf of the Issuer shall be conclusive evidence that the Note so authenticated has been duly issued under this Resolution and that the holder thereof is entitled to the benefits of this Resolution. Section 12. Right to Name Substitute Paying Agent or Registrar. Issuer reserves the right to name a substitute, successor Registrar or Paying Agent upon giving prompt writ- ten notice to each registered noteholder. Section 13. Form of Note. Notes shall be printed in substantial compliance with standards proposed by the American Standards Institute substantially in the form as [provided]: Section 14. Equality of Lien. The timely payment of principal of and interest on the Notes and Parity Obligations shall be secured equally and ratably by the revenues of the System without priority by reason of number or time of sale or delivery; and the rev- enues of the System are hereby irrevocably pledged to the timely payment of both prin- cipal and interest as the same become due. Section 15. Application of Note Proceeds - Project Fund. Proceeds of the Notes 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 prin- cipal of or interest on the Notes at any time that other funds of the System shall be in- sufficient 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 immediate- ly required for its purposes may be invested not inconsistent with limitations provided by law, the Internal Revenue Code and this Resolution. Section 16. User Rates. There has heretofore been established and published as re- quired by law, just and equitable rates or charges for the use of the service rendered by the System. Said rates or charges shall be paid by the owner of each and every lot, parcel of real estate, or building that is connected with and uses the System, by or through any part of the System or that in any way uses or is served by the System. Any revenue paid and collected for the use of the System and its services by the Is- suer or any department, agency or instrumentality of the Issuer shall be used and ac- counted for in the same manner as any other revenues derived from the operations of the System. Section 17. Application of Revenues. From and after the delivery of any Notes, and 18 as long as any of the Notes or Parity Obligations shall be outstanding and unpaid either as to principal or as to interest, or until all of the Notes and Parity Obligations then out- standing shall have been discharged and satisfied in the manner provided in this Reso- lution, the entire income and revenues of the System shall be deposited as collected in a fund to be known as the Sewer Revenue Fund (the "Revenue Fund"), and shall be disbursed only as follows: The provisions in the Prior Note Resolution(s) heretofore adopted on August 10, 2010, whereby there was created and is to be maintained a Sewer Revenue Note Prin- cipal and Interest Sinking Fund, and for the monthly payment into said fund from the fu- ture Net Revenues of the System such portion thereof as will be sufficient to meet the principal and interest of the Outstanding Obligations, and maintaining a reserve there- for, are hereby ratified and confirmed, and all such provisions inure to and constitute the security for the payment of the principal and interest on Notes hereby authorized to be issued; provided, however, that the amounts to be set aside and paid into the Sewer Revenue Note Principal and Interest Sinking Fund in equal monthly installments from the earnings shall be sufficient to pay the principal and interest due each year, not only on the Outstanding Obligations, but also the principal and interest of the Notes herein authorized to be issued and to maintain a reserve therefor. Section(s) 6.5 of the Prior Note Resolutions is/are hereby ratified, confirmed, adopted and incorporated herein as a part of this Resolution. Except as may be otherwise provided in the above Prior Note Resolutions, proceeds of the Notes or other funds may be invested in Permitted Invest- ments. Nothing in this Resolution shall be construed to impair the rights vested in the Out- standing Obligations. The amounts herein required to be paid into the various funds named in this Section shall be inclusive of payments required in respect to the Out- standing Obligations. The provisions of the legislation authorizing the Outstanding Obli- gations and the provisions of this Resolution are to be construed wherever possible so that the same will not be in conflict. In the event such construction is not possible, the provisions of the resolution first adopted shall prevail until such time as the notes or bonds authorized by said resolution have been paid in full or otherwise satisfied as therein provided at which time the provisions of this Resolution shall again prevail. At such time as the Outstanding Obligations are paid and so long as the Notes or Parity Obligations remain outstanding and unpaid the same are discharged and satis- fied in the manner provided in this Resolution, the entire income and revenues of the system shall be deposited and collected in a fund to be known as the Revenue Fund, and shall be disbursed only as follows: ● Operation and Maintenance Fund. Money in the Revenue Fund shall first be disbursed to make deposits into a separate and special fund to pay current ex- penses. The fund shall be known as the Sewer Utility Operation and Mainte- nance Fund (the "Operation and Maintenance Fund"). There shall be deposited in the Operation and Maintenance Fund each month an amount sufficient to meet the current expenses of the month plus an amount equal to 1/12th of expenses payable on an annual basis such as insurance. After the first day of the month, further deposits may be made to this account from the Revenue Fund to the ex- tent necessary to pay current expenses accrued and payable to the extent that funds are not available in the Surplus Fund. ● Sinking Fund. Money in the Revenue Fund shall next be disbursed to make 19 deposits into a separate and special fund to pay principal of and interest on the Notes and Parity Obligations. The fund shall be known as the Sewer Revenue Note Principal and Interest Sinking Fund (the "Sinking Fund"). The required amount to be deposited in the Sinking Fund in any month shall be an amount equal to 1/6th of the installment of interest coming due on the next interest pay- ment date on the then outstanding Notes and Parity Obligations, plus 1/12th of the installment of principal coming due on such Notes on the next succeeding principal payment date until the full amount of such installment is on hand. If for any reason the amount on hand in the Sinking Fund exceeds the required amount, the excess shall forthwith be withdrawn and paid into the Revenue Fund. Money in the Sinking Fund shall be used solely for the purpose of paying principal of and interest on the Notes and Parity Obligations as the same shall become due and payable. ● Subordinate Obligations. Money in the Revenue Fund may next be used to pay principal of and interest on (including reasonable reserves therefor) any oth- er obligations which by their terms shall be payable from the revenues of the System, but subordinate to the Notes and Parity Obligations, and which have been issued for the purposes of extensions and improvements to the System or to retire the Notes or Parity Obligations in advance of maturity, or to pay for ex- traordinary repairs or replacements to the System. ● Surplus Revenue. All money thereafter remaining in the Revenue Fund at the close of each month may be deposited in any of the funds created by this Resolution, to pay for extraordinary repairs or replacements to the System, or may be used to pay or redeem the Notes or Parity Obligations, any of them, or for any lawful purpose. Money in the Revenue Fund shall be allotted and paid into the various funds and ac- counts hereinbefore referred to in the order in which said funds are listed, on a cumula- th tive basis on the 10 day of each month, or on the next succeeding business day when the l0th shall not be a business day; and if in any month the money in the Revenue Fund shall be insufficient to deposit or transfer the required amount in any of said funds or accounts, the deficiency shall be made up in the following month or months after payments into all funds and accounts enjoying a prior claim to the revenues shall have been met in full. Section 18. Investments. Moneys on hand in the Project Fund and all of the funds provided by this Resolution may be invested only in Permitted Investments or deposited in financial institutions which are members of the Federal Deposit Insurance Corpora- tion, or its equivalent successor, and the deposits of 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 Iowa Code chapter 12C, or otherwise by a valid pledge of direct obliga- tions of the United States Government having an equivalent market value. All invest- ments shall mature before the date on which the moneys are required for the purposes for which the fund was created or otherwise as herein provided. The provisions of this Section shall not be construed to require the Issuer to maintain separate accounts for the funds created by this Resolution. The Sinking Fund shall be segregated in a separate account but may be invested in the same manner as other funds of the Issuer but designated as a trust fund on the 20 books and records of the Issuer. The Sinking Fund shall not be available for any other purposes other than those specified in this Resolution. All income derived from such investments shall be deposited in the Revenue Fund and shall be regarded as revenues of the System. Investments shall at any time neces- sary be liquidated and the proceeds thereof applied to the purpose for which the respec- tive fund was created. Section 19. Covenants Regarding the Operation of the System. The Issuer hereby covenants and agrees with each and every holder of the Notes and Parity Obligations: (a) Maintenance and Efficiency. The Issuer will maintain the System in good condition and operate it in an efficient manner and at reasonable cost. (b) Sufficiency of Rates. On or before the beginning of each Fiscal Year the Governing Body will adopt or continue in effect rates for all services rendered by the System determined to be sufficient to produce Net Revenues for the next succeeding Fiscal Year which are (i) adequate to pay the principal and interest requirements thereof and to create or maintain the reserves as provided in this Resolution, and (ii) not less than 110 percent of the principal and interest re- quirements of the next succeeding Fiscal Year. No free use of the System by the Issuer or any department, agency or instrumentality of the Issuer shall be permit- ted except upon the determination of the Governing Body that the rates and changes otherwise in effect are sufficient to provide Net Revenues at least equal to the requirements of this subsection. (c) Insurance. The Issuer shall maintain insurance for the benefit of the Note- holders on the insurable portions of the System of a kind and in an amount which normally would be carried by private companies engaged in a similar kind of business. The proceeds of any insurance, except public liability insurance, shall be used to repair or replace the part or parts of the System damaged or de- stroyed, or if not so used shall be placed in an improvement fund for the benefit of the System. (d) Accounting and Audits. The Issuer will cause to be kept proper books and accounts adapted to the System and in accordance with generally accepted ac- counting practices and will diligently act to cause the books and accounts to be audited and reported upon by an Independent Auditor and will provide copies of the audit report to the Department, all as provided in the Agreement. The Original Purchaser and holders of any of the Notes and Parity Obligations shall have at all reasonable times the right to inspect the System and the records, accounts and data of the Issuer relating thereto. (e) State Laws. The Issuer will faithfully and punctually perform all duties with reference to the System required by the Constitution and laws of the State of Io- wa, including the making and collecting of reasonable and sufficient rates for ser- vices rendered by the System as above provided, and will segregate the reve- nues of the System and apply said revenues to the funds specified in this Reso- lution. (f) Property. The Issuer will not sell, lease, mortgage or in any manner dispose of the System, or any capital part thereof, including any and all extensions and additions that may be made thereto, until satisfaction and discharge of all of the Notes and Parity Obligations shall have been provided for in the manner provid- ed in this Resolution; provided, however, this covenant shall not be construed to 21 prevent the disposal by the Issuer of property which in the judgment of its Gov- erning Body has become inexpedient or unprofitable to use in connection with the System, or if it is to the advantage of the System that other property of equal or higher value be substituted therefor, and provided further that the proceeds of the disposition of such property shall be placed in a revolving fund to be used in preference to other sources for capital improvements to the System. Any such proceeds of the disposition of property acquired with the proceeds of the Notes or Parity Obligations shall not be used to pay principal or interest on the Notes and Parity Obligations or for payments into the Sinking or Reserve Funds. (g) Fidelity Bond. That the Issuer shall maintain fidelity bond coverage in amounts which normally would be carried by private companies engaged in a similar kind of business on each officer or employee having custody of funds of the System. (h) Additional Charges. The Issuer will require proper connecting charges and/or other security for the payment of service charges. (i) Budget. The Governing Body of the Issuer shall approve and conduct oper- ations pursuant to a system budget of revenues and current expenses for each Fiscal Year. Such budget shall take into account revenues and current expenses during the current and last preceding Fiscal Years. Copies of such budget and any amendments thereto shall be mailed to the Original Purchaser and to the Noteholders upon request. (j) Loan and Disbursement Agreement. The Issuer will comply with the terms and conditions of the Loan and Disbursement Agreement and perform as provid- ed thereunder. Section 20. Remedies of Noteholders. Except as herein expressly limited the holder or holders of the Notes and Parity Obligations shall have and possess all the rights of action and remedies afforded by the common law, the Constitution and statutes of the State of Iowa, and of the United States of America, for the enforcement of payment of their Notes and interest thereon, and of the pledge of the revenues made hereunder, and of all covenants of the Issuer hereunder. Section 21. Prior Lien and Parity Obligations. The Issuer will issue no other notes, bonds or obligations of any kind or nature payable from or enjoying a lien or claim on the property or revenues of the System having priority over the Notes or Parity Obliga- tions. Additional Bonds may be issued on a parity and equality of rank with the Notes with respect to the lien and claim of such additional obligations to the revenues of the Sys- tem and the money on deposit in the funds adopted by this Resolution, for the following purposes and under the following conditions, but not otherwise: (a) For the purpose of refunding any of the Notes or Parity Obligations which shall have matured or which shall mature not later than three months after the date of delivery of such refunding obligation and for the payment of which there shall be insufficient money in the Sinking Fund and the Reserve Fund; (b) For the purpose of making extensions, additions, improvements or re- placements to the System, or refunding any outstanding Notes, Parity Obliga- tions or other obligations issued for such extensions, additions and improve- ments, if all of the following conditions shall have been met: (i) before any such Additional Bonds ranking on a parity are issued, 22 there will have been procured and filed with the Clerk, a statement of an Independent Auditor, not a regular employee of the Issuer, reciting the opinion based upon necessary investigations that the Net Revenues of the System for the preceding Fiscal Year (with adjustments as hereinafter provided) were equal to at least 1.10 times the maximum amount that will be required in any Fiscal Year prior to the longest maturity of any of the then outstanding Notes or Parity Obligations for both principal of and in- terest on all Notes or Parity Obligations then outstanding which are paya- ble from the net earnings of the System and the Additional Bonds then proposed to be issued. For the purpose of determining the Net Revenues of the System for the preceding Fiscal Year as aforesaid, the amount of the gross revenues for such year may be adjusted by an independent consulting engineer or by the Independent Auditor, so as to reflect any changes in the amount of such revenues which would have resulted had any revision of the sched- ule of rates or charges imposed at or prior to the time of the issuance of any such Additional Bonds been in effect during all of such preceding Fis- cal Year. (ii) the Additional Bonds must be payable as to principal and as to inter- est on the same month and day as the Notes herein authorized. (iii) for the purposes of this Section, principal and interest falling due on the first day of a Fiscal Year shall be deemed a requirement of the imme- diately preceding Fiscal Year. (iv) for the purposes of this Section, general obligation bonds or notes shall be refunded only upon a finding of necessity by the Governing Body and only to the extent the general obligation bonds or notes were issued or the proceeds thereof were expended for the System. (v) for purposes of this Section, "preceding Fiscal Year" shall be the most recently completed Fiscal Year for which audited financial state- ments prepared by a certified public accountant are issued and available, but in no event a Fiscal Year which ended more than eighteen months pri- or to the date of issuance of the Additional Bonds. Section 22. Disposition of Proceeds; Arbitrage Not Permitted. The Issuer reasonably expects and covenants that no use will be made of the proceeds from the issuance and sale of the Notes issued hereunder which will cause any of the Notes to be classified as arbitrage bonds within the meaning of Section 148(a) and (b) of the Internal Revenue Code of the United States, and that throughout the term of said Notes it will comply with the requirements of said statute and regulations issued thereunder. To the best knowledge and belief of the Issuer, there are no facts or circumstances that would materially change the foregoing statements or the conclusion that it is not expected that the proceeds of the Notes will be used in a manner that would cause the Notes to be arbitrage 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 23 Notes to certify as to the reasonable expectations and covenants of the Issuer at that date. The Issuer covenants that it will treat as Yield Restricted any proceeds of the Notes remaining unexpended after three years from the issuance and any other funds required by the Tax Exemption Certificate to be so treated. If any investments are held with re- spect to the Notes and Parity Obligations, the Issuer shall treat the same for the pur- pose of restricted yield as held in proportion to the original principal amounts of each issue. The Issuer covenants that it will exceed any investment yield restriction provided in this Resolution only in the event that it shall first obtain an opinion of recognized bond counsel that the proposed investment action will not cause the Notes to be classified as arbitrage bonds under Section 148(a) and (b) the Internal Revenue Code or regulations issued thereunder. The Issuer covenants that it will proceed with due diligence to spend the proceeds of the Notes for the purpose set forth in this Resolution. The Issuer further covenants that it will make no change in the use of the proceeds available for the construction of facili- ties or change in the use of any portion of the facilities constructed therefrom by per- sons other than the Issuer or the general public unless it has obtained an opinion of bond counsel or a revenue ruling that the proposed project or use will not be of such character as to cause interest on any of the Notes not to be exempt from federal income taxes in the hands of holders other than substantial users of the project, under the pro- visions of Section 142(a) of the Internal Revenue Code of the United States, related statutes and regulations. Section 23. Additional Covenants, Representations and Warranties of the Issuer. The Issuer certifies and covenants with the purchasers and holders of the Notes from time to time outstanding that the Issuer through its officers, (a) will make such further specific covenants, representations and assurances as may be necessary or advisable; (b) comply with all representations, covenants and assurances contained in the Tax Ex- emption Certificate, which Tax Exemption Certificate shall constitute a part of the con- tract between the Issuer and the owners of the Notes; (c) consult with bond counsel (as defined in the Tax Exemption Certificate); (d) pay to the United States, as necessary, such sums of money representing required rebates of excess arbitrage profits relating to the Notes; (e) file such forms, statements and supporting documents as may be 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 24. Amendment of Resolution to Maintain Tax Exemption. This Resolution may be amended without the consent of any owner of the Notes if, in the opinion of bond counsel, such amendment is necessary to maintain tax exemption with respect to the Notes under applicable Federal law or regulations. Section 25. Discharge and Satisfaction of Notes. The covenants, liens and pledges entered into, created or imposed pursuant to this Resolution may be fully discharged and satisfied with respect to the Notes and Parity Obligations, or any of them, in any one or more of the following ways: (a) By paying the Notes or Parity Obligations when the same shall become due and payable; and (b) By depositing in trust with the Treasurer, or with a corporate trustee desig- 24 nated by the Governing Body, for the payment of said obligations and irrevocably appropriated exclusively to that purpose an amount in cash or direct obligations of the United States the maturities and income of which shall be sufficient to re- tire at maturity, or by redemption prior to maturity on a designated date upon which said obligations may be redeemed, all of such obligations outstanding at the time, together with the interest thereon to maturity or to the designated re- demption date, premiums thereon, if any that may be payable on the redemption of the same; provided that proper notice of redemption of all such obligations to be redeemed shall have been previously published or provisions shall have been made for such publication. Upon such payment or deposit of money or securities, or both, in the amount and manner provided by this Section, all liability of the Issuer with respect to the Notes or Obligations shall cease, determine and be completely discharged, and the holders thereof shall be entitled only to payment out of the money or securities so deposited. Section 26. Resolution a Contract. The provisions of this Resolution shall constitute a contract between the Issuer and the holder or holders of the Notes and Parity Obliga- tions, and after the issuance of any of the Notes no change, variation or alteration of any kind in the provisions of this Resolution shall be made in any manner, except as provided in the next succeeding Section, until such time as all of the Notes and Parity Obligations, and interest due thereon, shall have been satisfied and discharged as pro- vided in this Resolution. Section 27. Amendment of Resolution Without Consent. The Issuer may, without the consent of or notice to any of the holders of the Bonds and Parity Obligations, amend or supplement this Resolution for any one or more of the following purposes: (a) to cure any ambiguity, defect, omission or inconsistent provision in this Resolution or in the Notes or Parity Obligations; or to comply with any applicable provision of law or regulation of federal or state agencies; provided, however, that such action shall not materially adversely affect the interests of the holders of the Notes or Parity Obligations; (b) to change the terms or provisions of this Resolution to the extent neces- sary to prevent the interest on the Notes or Parity Obligations from being includ- able within the gross income of the holders thereof for federal income tax pur- poses; (c) to grant to or confer upon the holders of the Notes or Parity Obligations any additional rights, remedies, powers or authority that may lawfully be granted to or conferred upon the holders of the Notes; (d) to add to the covenants and agreements of the Issuer contained in this Resolution other covenants and agreements of, or conditions or restrictions up- on, the Issuer or to surrender or eliminate any right or power reserved to or con- ferred upon the Issuer in this Resolution; or (e) to subject to the lien and pledge of this Resolution additional pledged reve- nues as may be permitted by law. Section 28. Amendment of Resolution Requiring Consent. This Resolution may be amended from time to time if such amendment shall have been consented to by holders of not less than two-thirds in principal amount of the Notes and Parity Obligations at any time outstanding (not including in any case any Notes which may then be held or owned by or for the account of the Issuer, but including such Refunding Obligations as may 25 have been issued for the purpose of refunding any of such Notes if such Refunding Ob- ligations shall not then be owned by the Issuer); but this Resolution may not be so amended in such manner as to: (a) Make any change in the maturity or interest rate of the Notes, or modify the terms of payment of principal of or interest on the Notes or any of them or impose any conditions with respect to such payment; (b) Materially affect the rights of the holders of less than all of the Notes and Parity Obligations then outstanding; and (c) Reduce the percentage of the principal amount of Notes, the consent of the holders of which is required to effect a further amendment. Whenever the Issuer shall propose to amend this Resolution under the provisions of this Section, it shall cause notice of the proposed amendment to be filed with the Origi- nal Purchaser and to be mailed by certified mail to each registered owner of any Note as shown by the records of the Registrar. Such notice shall set forth the nature of the proposed amendment and shall state that a copy of the proposed amendatory Resolu- tion is on file in the office of the City Clerk. Whenever at any time within one year from the date of the mailing of said notice there shall be filed with the City Clerk an instrument or instruments executed by the holders of at least two-thirds in aggregate principal amount of the Notes then outstand- ing as in this Section defined, which instrument or instruments shall refer to the pro- posed amendatory Resolution described in said notice and shall specifically consent to and approve the adoption thereof, thereupon, but not otherwise, the Governing Body of the Issuer may adopt such amendatory Resolution and such Resolution shall become effective and binding upon the holders of all of the Notes and Parity Obligations. Any consent given by the holder of a Note pursuant to the provisions of this Section shall be irrevocable for a period of six months from the date of the instrument evidenc- ing such consent and shall be conclusive and binding upon all future holders of the same Note during such period. Such consent may be revoked at any time after six months from the date of such instrument by the holder who gave such consent or by a successor in title by filing notice of such revocation with the City Clerk. The fact and date of the execution of any instrument under the provisions of this Sec- tion may be proved by the certificate of any officer in any jurisdiction who by the laws thereof is authorized to take acknowledgments of deeds within such jurisdiction that the person signing such instrument acknowledged before him the execution thereof, or may be proved by an affidavit of a witness to such execution sworn to before such officer. The amount and numbers of the Notes held by any person executing such instrument and the date of his holding the same may be proved by an affidavit by such person or by a certificate executed by an officer of a bank or trust company showing that on the date therein mentioned such person had on deposit with such bank or trust company the Notes described in such certificate. Notwithstanding anything in this Section to the contrary, the holder or holders of 100% of the Notes and Parity Obligations may consent to any amendment of this Reso- lution, or waive any notices required hereunder, on such terms and under such condi- tions as said holders shall determine to be appropriate. Section 29. Severability. If any section, paragraph, or provision of this Resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforcea- bility of such section, paragraph or provision shall not affect any of the remaining provi- 26 sions. Section 30. Repeal of Conflicting Ordinances or Resolutions and Effective Date. All other Ordinances, Resolutions and orders, or parts thereof, in conflict with the provi- sions of this Resolution are, to the extent of such conflict, hereby repealed; and this Resolution shall be in effect from and after its adoption. Section 31. Rule of Construction. This Resolution and the terms and conditions of the Notes authorized hereby shall be construed whenever possible so as not to conflict with the terms and conditions of the Loan and Disbursement Agreement. In the event such construction is not possible, or in the event of any conflict or inconsistency between the terms hereof and those of the Loan and Disbursement Agreement, the terms of the Loan and Disbursement Agreement shall prevail and be given effect to the extent nec- essary to resolve any such conflict or inconsistency. st Passed and approved this 1 day of April, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Revised Purchase of Services Grant Recommendations for Fiscal Year 2014: Com- munity Development Advisory Commission submitting revised funding recommenda- tions for the Fiscal Year 2014 Purchase of Service Grant applications. Motion by Jones to receive and file the documents and approve the recommendation. Seconded by Con- nors. Motion carried 7-0. Smarter Sustainable Dubuque - Proposed Health and Wellness Pilot and Joint De- velopment Agreement: City Manager recommending approval of a Joint Development Agreement and associated Intelligent Operations Center Licensing and Hosting Agree- ment for the Health and Wellness Pilot with IBM. Motion by Connors to receive and file the documents and approve the recommendation. Seconded by Resnick. Motion carried 7-0. Sustainable Dubuque Community Grants: City Manager recommending approval of the Sustainable Dubuque Community Grant Program. Motion by Jones to receive and file the documents and approve the recommendation. Seconded by Connors. Motion carried 7-0. Code of Ordinances - Motor Truck Route Violations: City Manager recommending approval of a change to City of Dubuque Code of Ordinances 9-16-321.901, which deals with Motor Truck Route violations within the City of Dubuque. 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. 19-13 Amend- ing City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 16 Miscellaneous City Provisions, Division 2 Trucks and/or Machinery, Sections 9-16- 321.901 Motor Truck Routes and 9-16-321.902 Motor Truck Routes Prohibited on Des- ignated Streets by combining both sections to correct a discrepancy regarding the ap- plicable fine and clarify that all truck route violations are scheduled violations. Seconded by Resnick. Motion carried 7-0. 27 OFFICIAL PUBLICATION ORDINANCE NO. 19-13 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 9 MOTOR VEHI- CLES AND TRAFFIC, CHAPTER 16 MISCELLANEOUS CITY PROVISIONS, DIVI- SION 2 TRUCKS AND/OR MACHINERY, SECTIONS 9-16-321.901 MOTOR TRUCK ROUTES AND 9-16-321.902 MOTOR TRUCK ROUTES PROHIBITED ON DESIG- NATED STREETS BY COMBINING BOTH SECTIONS TO CORRECT A DISCREP- ANCY REGARDING THE APPLICABLE FINE AND CLARIFY THAT ALL TRUCK ROUTE VIOLATIONS ARE SCHEDULED VIOLATIONS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 9-16-321.901 of the City of Dubuque Code of Ordinances is amended to read as follows: 9-16-321.901: MOTOR TRUCK ROUTES: A. Motor trucks registered for a gross weight limit exceeding ten thousand (10,000) pounds (five (5) tons) must travel over marked highways when operat- ing in the city and may not depart from such marked highways, except that any motor truck whose destination is in the city may depart from such highway at that point on the highway nearest to its destination and then proceed directly to such destination. B. Motor trucks whose trips originate within the city must travel by the most direct route to that point on a marked highway nearest to such point of origin. C. Motor trucks entering the city on an unmarked highway must proceed to the nearest marked highway by the most direct route and then proceed to their desti- nation, except when the destination lies between the point of entry into the city and the marked highway. D. Motor trucks registered for a gross weight limit exceeding ten thousand (10,000) pounds (five (5) tons must not travel over the following streets: strd Ice Harbor Drive, from 1 Street to the 3 Street Overpass. thth Main Street, from 5 Street to 9 Street. E. The city manager is authorized to designate and establish by appropriate signs alternate motor truck routes and to post signs limiting motor trucks regis- tered with a gross weight limit exceeding ten thousand (10,000) pounds (five (5) tons) from operating on non-highway streets and the streets designated in sub- section D of this section. F. The provisions of this section governing the travel of motor trucks on residen- tial streets do not apply to public or private carriers of passengers on tour, fixed demand response, or dial-a-ride routes or school or church buses. G. The scheduled fine for a violation of this section is fifty dollars ($50.00). Section 2. Section 9-16-321.902 of the City of Dubuque Code of Ordinances is amended to read as follows: 9-16-321.902: MOTOR TRUCK ROUTES PROHIBITED ON DESIGNATED STREETS: RESERVED: Section 3. This Ordinance takes effect upon publication. 28 st Passed, approved, and adopted the 1 day of April, 2013. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk th Published officially in the Telegraph Herald newspaper on the 5 day of April, 2013. /s/Kevin S. Firnstahl, CMC, City Clerk Code of Ordinances - Hunting and Target Practice: City Manager recommending ap- proval of an amendment to the Hunting/Target Practice Ordinance which remedies dif- ferences between the ordinance and the Deer Management Program and also sepa- rates shotgun hunting and target practice from bow and arrow hunting. Motion by Con- nors to receive and file the documents and that the requirement that a proposed ordi- nance 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. 20-13 Amending City of Dubuque Code of Ordinances Title 7 Police, Fire and Public Safety, Chapter 5 Offenses, Article A General Offenses, Section 7-5A-16 Hunting and Target Practice Permitted by separating the provisions for shotgun hunting and target practice from the provisions for bow and arrow hunting and target practice, adding approved times for hunting and target practice within the City of Dubuque, adding a reference to the annual Deer Management Program for bow and arrow hunting, and inserting an ex- ception for events that have been approved through a Special Events Permit. Seconded by Jones. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 20-13 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 7 POLICE, FIRE AND PUBLIC SAFETY, CHAPTER 5 OFFENSES, ARTICLE A GENERAL OFFENS- ES, SECTION 7-5A-16 HUNTING AND TARGET PRACTICE PERMITTED BY SEPA- RATING THE PROVISIONS FOR SHOTGUN HUNTING AND TARGET PRACTICE FROM THE PROVISIONS FOR BOW AND ARROW HUNTING AND TARGET PRAC- TICE, ADDING APPROVED TIMES FOR HUNTING AND TARGET PRACTICE WITH- IN THE CITY OF DUBUQUE, ADDING A REFERENCE TO THE ANNUAL DEER MANAGEMENT PROGRAM FOR BOW AND ARROW HUNTING, AND INSERTING AN EXCEPTION FOR EVENTS THAT HAVE BEEN APPROVED THROUGH A SPE- CIAL EVENTS PERMIT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 7-5A-16 of the City of Dubuque Code of Ordinances is amended to read as follows: 7-5A-16: HUNTING AND TARGET PRACTICE PERMITTED: A. Shotgun Hunting: 1. Permit Issuance; Conditions: Subsections 7-5A-10A and C of this article not- withstanding, the city manager may issue an annual permit to a property owner for hunting within the corporate limits of the city on the owner's property, if the city manager determines that the property meets the following conditions: 29 a. The property is zoned AG agricultural; b. The property is not less than ten (10) contiguous acres or more in size; and c. Allowing hunting on the property will not constitute a danger to public safety. 2. Application: An application to allow hunting shall be filed with the city manager on a form provided by the city manager. The application must include the follow- ing information: a. The name, address and telephone number of the applicant; b. The address where the hunting will take place; c. A site plan shall be a dimension drawing showing the following: (1) North arrow; (2) Property lines; (3) Location of buildings on the subject property and dimensions; and, (4) Location of buildings on adjacent property, public streets, recre- ational trails or public waters. Falsification of information on an application is grounds for denial or revocation of a permit. 3. Approval Or Rejection; Permit Term: The city manager shall, upon considera- tion of the application and the information required herein, approve or reject the application. A permit is valid for a period of one (1) year from the date thereof. 4. Nonrefundable Fee: At the time of filing the application, the applicant shall pay to the city a nonrefundable permit fee established by the city manager. 5. Revocation Or Suspension Of Permit; Appeal: A permit may be revoked or suspended by the city manager by written notice for a violation of any of the pro- visions of this section or any other ordinances of the city or the laws of the United States or the state of Iowa. The permittee may file with the city clerk a written no- tice of appeal to the city council from the suspension or revocation. 6. Compliance With State And Local Laws: A hunter shall comply with all state and local laws, rules, regulations and ordinances governing hunting. 7. Firearms Limited: The only firearm authorized for hunting is a shotgun with shot ammunition size 4-9. The use of slugs; rifles, pistols, deer slugs, and black powder rifles and all other firearms or other weapons is prohibited. 8. Notify Police Prior To Hunting: The permittee shall notify police dispatch at the Dubuque law enforcement center, on the day on which hunting will occur and prior to the commencement of any hunting, of the location where the hunting will occur. 9. Approved Times: Hunting will be allowed from one half-hour before sunrise to one half-hour after sunset. 10. Discharging Firearm: A hunter shall not discharge a shotgun in the direction of any person, livestock, building, public street, recreational trail or public waters. B. Shotgun Target Practice: 1. Permit Issuance; Conditions: Subsections 7-5A-10A and C of this article not- withstanding, the city manager may issue an annual permit to a property owner for target practice within the corporate limits of the city on the owner's property, if the city manager determines that the property meets the following conditions: 30 a. The property is zoned AG agricultural; b. The property is not less than ten (10) contiguous acres or more in size; c. The property owner agrees to be present to supervise target practice on the owner’s property; and d. Allowing target practice on the property will not constitute a danger to public safety. 2. Application: An application to allow target practice shall be filed with the city manager on a form provided by the city manager. The application must include the following information: a. The name, address and telephone number of the applicant; b. The address where the target practice will take place; c. A site plan shall be a dimension drawing showing the following: (1) North arrow; (2) Property lines; (3) Location of buildings on the subject property and dimensions; and, (4) Location of buildings on adjacent property, public streets, recre- ational trails or public waters. Falsification of information on an application is grounds for denial or revocation of a permit. 3. Approval Or Rejection; Permit Term: The city manager shall, upon considera- tion of the application and the information required herein, approve or reject the application. A permit is valid for a period of one (1) year from the date thereof. 4. Nonrefundable Fee: At the time of filing the application, the applicant shall pay to the city a nonrefundable permit fee established by the city manager. 5. Revocation Or Suspension Of Permit; Appeal: A permit may be revoked or suspended by the city manager by written notice for a violation of any of the pro- visions of this section or any other ordinances of the city or the laws of the United States or the state of Iowa. The permittee may file with the city clerk a written no- tice of appeal to the city council from the suspension or revocation. 6. Compliance With State And Local Laws: A person engaged in target practice must comply with all state and local laws, rules, regulations and ordinances gov- erning target practice. 7. Firearms Limited: The only firearm authorized for target practice is a shotgun with shot ammunition size 4-9. The use of slugs; rifles, pistols, deer slugs, and black powder rifles and all other firearms or other weapons is prohibited. 8. Notify Police Prior To Target Practice: The permittee shall notify police dis- patch at the Dubuque law enforcement center, on the day on which target prac- tice will occur and prior to the commencement of any target practice, of the loca- tion where the target practice will occur. 9. Approved Times: Target practice will be allowed from one half-hour before sunrise to one half-hour after sunset. 10. Discharging Firearm: A person engaged in target practice shall not discharge a firearm or other weapon in the direction of any person, livestock, building, pub- lic street, recreational trail or public waters. 11. Exception: An exception to these rules may be granted if approved through a City of Dubuque special events permit. 31 C. Bow and Arrow Hunting: 1. Bow and arrow hunting will be allowed within city limits in accordance with the annual Deer Management Program adopted by the Environmental Advisory Commission and the city council. 2. Exception: An exception to these rules may be granted if approved through a City of Dubuque special events permit. D. Target Practice; Weapons Other Than Shot Guns: 1. Target practice will be allowed under the following conditions: a. Weapons approved for target practice are limited to bow and arrows and air guns; b. No other weapons are approved for target practice; c. The property where the target practice will occur is not less than three (3) contiguous acres or more in size; d. Adjacent property may be used to meet the three (3) acre minimum, with the written permission of the adjacent property owner; e. The property owner agrees to be present to supervise target practice on the owner's property; f. Allowing target practice on the property will not constitute a danger to public safety; and g. There are no homes or businesses within one hundred fifty (150) feet. 2. Exception: An exception to these rules may be granted if approved through a City of Dubuque special events permit. Section 2. This Ordinance takes effect upon publication. st Passed, approved, and adopted the 1 day of April, 2013. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, CMC, City Clerk th Published officially in the Telegraph Herald newspaper on the 5 day of April, 2013. /s/Kevin S. Firnstahl, CMC, City Clerk Code of Ordinances - Weapons, Firearms and Fireworks: City Manager recommend- ing approval of an amendment to City Code Ordinances 7-5A-10: Weapons, Firearms and Fireworks to include, among other changes, the wording to prohibit the firing and carrying of spring loaded and replica guns. Motion by Jones to receive and file the doc- uments and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Connors. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 21-13 Amend- ing City of Dubuque Code of Ordinances Title 7 Police, Fire and Public Safety, Chapter 5 Offenses, Article A General Offenses, Section 7-5A-10 Weapons, Firearms and Fire- works by adding a prohibition on replica firearms represented as real firearms, a prohibi- tion on spring loaded guns and air guns except in accordance with Section 7-5A-16, and incorporating a reference to the Deer Management Program for hunting. Seconded by Connors. Motion carried 7-0. 32 OFFICIAL PUBLICATION ORDINANCE NO. 21-13 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 7 POLICE, FIRE AND PUBLIC SAFETY, CHAPTER 5 OFFENSES, ARTICLE A GENERAL OFFENS- ES, SECTION 7-5A-10 WEAPONS, FIREARMS AND FIREWORKS BY ADDING A PROHIBITION ON REPLICA FIREARMS REPRESENTED AS REAL FIREARMS, A PROHIBITION ON SPRING LOADED GUNS AND AIR GUNS EXCEPT IN ACCORD- ANCE WITH SECTION 7-5A-16, AND INCORPORATING A REFERENCE TO THE DEER MANAGEMENT PROGRAM FOR HUNTING NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 7-5A-10 of the City of Dubuque Code of Ordinances is amended to read as follows: 7-5A-10: WEAPONS, FIREARMS AND FIREWORKS: A. Shooting Projectiles: 1. Prohibition: It shall be unlawful for any person within the corporate limits of the city to willfully or carelessly throw, shoot, or launch any stone, stick, projec- tile, or other missile in such a manner as to hit, injure, or endanger any person or property, 2. Deer Hunting Excepted: Nothing herein shall prohibit the hunting with bow and arrow of deer by persons licensed by and during the period of time author- ized by the Iowa department of natural resources and issued a permit by the city in accordance with the Deer Management Program adopted by the Environmen- tal Stewardship Commission and the City Council. B. Carrying Concealed Weapon: It shall be unlawful for any person to carry or conceal about their person any slingshot, knuckles of metal or other material, air gun, spring loaded gun, replica firearm represented as a real firearm, or any other weapon other than a knife, when such weapon is represented to be carried for the purpose of protection or use as a weapon. This subsection does not apply to any of the following: 7. A person who is lawfully engaged in target practice or while actually en- gaged in lawful hunting. C. Discharging Firearms And Fireworks: 1. Prohibition: No person shall discharge or fire any cannon, gun, bomb, pistol, air gun, spring loaded gun, or other firearms or set off or burn firecrackers, torpe- does, skyrockets, Roman candles, or other fireworks of like construction or any fireworks containing any explosive or flammable compound, or other device con- taining any explosive. Discharge or firing of air guns or spring loaded guns used for training, recreational, or competitive events is allowed in accordance with 7- 5A-16. Section 2. This Ordinance takes effect upon publication. st Passed, approved, and adopted the 1day of April, 2013. /s/Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, CMC, City Clerk th Published officially in the Telegraph Herald newspaper on the 5 day of April, 2013. /s/Kevin S. Firnstahl, CMC, City Clerk 33 Iowa DOT - Purchase of Right-of-Way at Curtis and Bryant Streets: City Manager recommending approval of the purchase of the excess Iowa Department of Transporta- tion right-of-way at the east end of Curtis Street just west of Bryant Street. Motion by Connors to receive and file the documents and approve the recommendation. Second- ed by Resnick. Motion carried 7-0. Port of Dubuque Marina Project Bid Package No. 1 - Transient Docks & Utilities: City Manager recommending acceptance of the construction contract for the Port of Dubu- que Marina Project, Bid Package No. 1 - Transient Docks & Utilities Project and author- izing final payment of the contract amount to the contractor, Dubuque Barge & Fleeting Service Co. d/b/a Newt Marine Service. Motion by Connors to receive and file the doc- uments and adopt Resolution No. 109-13 Accepting the Port of Dubuque Marina Pro- ject, Bid Package 1 - Transient Docks and Utilities and authorizing the payment of the contract amount to the contractor. Seconded by Resnick. Motion carried 7-0. RESOLUTION NO. 109-13 ACCEPTING THE PORT OF DUBUQUE MARINA PROJECT, BID PACKAGE 1 – TRANSIENT DOCKS AND UTILITIES AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Port of Dubuque Marina Project, Bid Package 1 – Transient Docks and Utilities (the Project) has been completed and the City Engineer has examined the work and filed a certificate stating that the Project has been completed according to the terms of the Public Improvement Contract and that the City Engineer recommends that the Project be accepted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the Port of Dubuque Marina Project Capital Improvement appropriation for the contract amount of $1,872,594.50 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. st Passed, approved and adopted this 1 day of April, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE PORT OF DUBUQUE MARINA PROJECT, BID PACKAGE 1 – TRANSIENT DOCKS AND UTIL- ITIES The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the Port of Dubuque Marina Project, Bid Package 1 – Transient Docks and Utilities, that the Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $1,872,594.50. 34 th Dated this 28 day of March, 2013. /s/Gus Psihoyos, City Engineer th Filed in the office of the City Clerk on the 28 day of March, 2013. /s/Kevin S. Firnstahl, City Clerk Port of Dubuque Marina Project Bid Package No. 2 - Amenities Building & Site Work: City Manager recommending acceptance of the construction contract for the Port of Dubuque Marina Project, Bid Package No. 2 - Amenities Building & Site Work and au- thorizing final payment of the contract amount to the contractor, Portzen Construction, Inc. Motion by Connors to receive and file the documents and adopt Resolution No. 110-13 Accepting the Port of Dubuque Marina Project, Bid Package No. 2 - Amenities Building & Site Work and authorizing the payment of the contract amount to the contrac- tor. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 110-13 ACCEPTING THE PORT OF DUBUQUE MARINA PROJECT, BID PACKAGE 2 – AMENITIES BUILDING & SITE WORK AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Port of Dubuque Marina Project, Bid Package No. 2 - Amenities Build- ing & Site Work (the Project) has been completed and the City Engineer has examined the work and filed a certificate stating that the Project has been completed according to the terms of the Public Improvement Contract and that the City Engineer recommends that the Project be accepted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the Port of Dubuque Marina Project Capital Improvement appropriation for the contract amount of $1,641,044.43 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. st Passed, approved and adopted this 1 day of April, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF THE PORT OF DUBUQUE MARINA PROJECT, BID PACKAGE 2 — AMENITIES BUILDING & SITE WORK The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the Port of Dubuque Marina Project, Bid Package No. 2 - Amenities Building & Site Work, that the Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $1,641,044.43. Dated this 28th day of March, 2013. /s/Gus Psihoyos, City Engineer 35 Filed in the office of the City Clerk on the 28th day of March, 2013 /s/Kevin S. Firnstahl, City Clerk Port of Dubuque Marina Project - Facility Management Proposals: City Manager rec- ommending rejection of the Port of Dubuque Marina facility management proposals and issuance of a new Request for Proposal. Motion by Lynch to receive and file the docu- ments and approve the recommendation. Seconded by Connors. Motion carried 4-3 with Braig, Lynch, and Sutton voting nay. Council discussion included concerns over rejecting a proposal from a local bidder, the pros/cons of issuing another RFP, city management of project components, and project and grant timelines. COUNCIL MEMBER REPORTS Council Member Lynch requested Council concurrence on the possibility of the City operating the control tower at the Dubuque Regional Airport. City Manager Van Milligen will refer the subject to staff for a future agenda. Mayor Buol reported on the recent kickoff of the Mississippi River Cities and Towns Initiative in Washington D.C., an alliance of mayors working to bring conservation and economic issues affecting the Mississippi River to the attention of Federal Government. There being no further business, upon motion the City Council adjourned at 7:54 p.m. /s/Kevin S. Firnstahl, CMC City Clerk 36