9 5 17 City Council Proceedings Official_Regular CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in regular session at 6:00 p.m. on September 5, 2017
in the Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol; Council Members Connors, Del Toro, Jones, Lynch, Resnick,
Rios; City Manager Van Milligen, City Attorney Brumwell
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
PRESENTATION
1 . Dubuque Area Chamber of Commerce Awards: Dubuque Area Chamber of Com-
merce Senior Vice President Barry Gentry presented the Friend of the Year Award to
Assistant City Manager Teri Goodmann and the Innovator of the Year Award to the Five
Flags Center and accepted by HR Cook, General Manager.
PROCLAMATION(S)
1 . Days of Peace Proclamation (September 1-30, 2017) was accepted by Day of Peace
Committee Members R.R.S. Stewart and Judy Schmitt.
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose
of as indicated. Seconded by Connors. Motion carried 7-0.
1 . Minutes and Reports Submitted: City Council Proceedings of 8/21 ; Human Rights
Commission of 5/8, 6/16; Library Board of Trustees of 6/22; Proof of Publication for City
Council Proceedings of 8/7, 8/14. Upon motion the documents were received and filed.
2. Notice of Claims and Suits: Robert & Sharon Bradley for property damage, Anthony
Hemmer for property damage, Heather Splinter for vehicle damage. Upon motion the
documents were received, filed, and referred to the City Attorney.
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3. Disposition of Claims: City Attorney advising that the following claims have been
referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities As-
surance Pool: Robert and Sharon Bradley for property damage, Michael Elliott for prop-
erty damage, Anthony Hemmer for property damage, Heather Splinter for vehicle dam-
age. Upon motion the documents were received, filed, and concurred.
4. Imagine Dubuque Comprehensive Plan Work Session Rescheduled: City Manager
confirming that the Imagine Dubuque Comprehensive Plan Work Session previously
scheduled for August 28, 2017, has been rescheduled to September 6, 2017. Upon mo-
tion the documents were received and filed.
5. Bee Branch Watershed Flood Mitigation, HUD National Disaster Resilience Compe-
tition Grant, Infrastructure Contract Amendment: City Manager recommending authoriza-
tion to execute Contract Amendment No. 1 to the Community Development Block Grant
National Disaster Resilience (CDBG-NDR) Program Contract with the Iowa Economic
Development Authority in order for the City to utilize CDBG-NDR funds for the Bee Branch
Watershed Flood Mitigation Project. Upon motion the documents were received, filed and
approved.
6. Acceptance of Grant of Easement for Rhomberg / Windsor Avenues Signalization
Improvements: City Manager recommending acceptance of a Grant of Easement for Traf-
fic Signal, Electric, and Fiber Optics Utilities from Michael and Sandra Kapparos across
part of Lot 36 in Cook's Addition, in the City of Dubuque. Upon motion the documents
were received and filed and Resolution No. 309-17 Accepting a Grant of Easement for
Traffic Signal, Electric, and Fiber Optics Utilities across part of the Southeasterly 71' of
Lot 36 in Cook's Addition, City of Dubuque, Iowa was adopted.
RESOLUTION NO. 309-17
ACCEPTING A GRANT OF EASEMENT FOR TRAFFIC SIGNAL, ELECTRIC, AND FI-
BER OPTICS UTILITIES ACROSS PART OF THE SOUTHEASTERLY 71' OF LOT 36
IN COOK'S ADDITION, CITY OF DUBUQUE, IOWA
Whereas, Michael and Sandra Kapparos have executed a Grant of Easement for Traf-
fic Signal, Electric, and Fiber Optics Utilities across Part of the southeasterly 71 ' of Lot 36
in Cook's Addition, City of Dubuque, Dubuque County, Iowa.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 . The City Council of the City of Dubuque, Iowa, hereby approves of, accepts
and consents to the Grant of Easement for Traffic Signal, Electric, and Fiber Optics Utili-
ties across Part of the Southeasterly 71 ' of Lot 36 in Cook's Addition, City of Dubuque,
Dubuque County, Iowa from Michael and Sandra Kapparos, a copy of which is attached
hereto.
Section 2. The Mayor is hereby authorized and directed to execute and acknowledge
on behalf of the City of Dubuque any instruments in connection herewith.
Section 3. 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.
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Passed, approved and adopted this 5th day of September, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
7. Family Self-Sufficiency Coordinator Grant Application: City Manager recommending
approval to apply for a Family Self-Sufficiency Coordinator Grant from the U.S. Depart-
ment of Housing & Urban Development (HUD). Upon motion the documents were re-
ceived and filed and Resolution No. 310-17 Authorizing the Mayor to execute an applica-
tion for the HUD Family Self-Sufficiency Program Grant and authorizing the Director of
Housing and Community Development and the City Manager to approve the application
was adopted.
RESOLUTION NO. 310-17
AUTHORIZING THE MAYOR TO EXECUTE AN APPLICATION FOR THE HUD FAM-
ILY SELF-SUFFICIENCY PROGRAM GRANT AND AUTHORIZING THE DIRECTOR
OF HOUSING AND COMMUNITY DEVELOPMENT AND THE CITY MANAGER TO AP-
PROVE THE APPLICATION
Whereas, the U.S. Department of Housing and Urban Development has published a
Notice of Funding Availability (NOFA) for the Family Self-Sufficiency Program to be uti-
lized for the salaries of program coordinators combining the funding for the FSS coordi-
nators that serve Housing Choice Voucher(HCV) participants and/or Public Housing (PH)
participants for Calendar Year 2018; and
Whereas, the City of Dubuque has administered Project Self-Sufficiency since Sep-
tember 1987 that became the Family Self-Sufficiency (FSS) Program in July 1994; and
Whereas, the City of Dubuque has received funding for an FSS coordinator continu-
ously since 1994; and
Whereas, the City of Dubuque proposes to continue administering the FSS program.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE IOWA:
Section 1 : That the Mayor is hereby authorized and directed to submit an application
for the HUD FSS program grant.
Section 2: That the Director of Housing and Community Development and the City
Manager are hereby authorized to approve the application that is submitted to HUD
Section 3: That the City Manager is hereby authorized and directed to forward said
application and resulting standard executed contract to the respective agencies in a timely
fashion and as required by the U. S. Department of Housing and Urban Development.
Passed, approved and adopted this 5th day of September 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
8. Community Development Block Grant (CDBG) Entitlement Activities Environmental
Review Tier 1 for Fiscal Year 2018: City Manager recommending approval for the Mayor
to sign the Environmental Review Determination as the Certifying Officer for the City of
Dubuque for the Fiscal Year 2018 Community Development Block Grant Program. Upon
motion the documents were received, filed and approved.
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9. Proceedings to Complete Action on $475,000 Water Revenue Capital Loan Note
(Interim Financing) SRF, Planning & Design Roosevelt Water Tower: City Manager rec-
ommending approval of the proceedings to complete action required on the $475,000
State Revolving Fund (SRF) Planning & Design Loan to fund the planning and design
portion of the Roosevelt Water Tower Project. Upon motion the documents were received
and filed and Resolution No. 311-17 Approving and authorizing a Form of Interim Loan
and Disbursement Agreement by and between the City of Dubuque and the Iowa Finance
Authority, and authorizing and providing for the issuance and securing the payment of
$475,000 Water Revenue Capital Loan Notes Anticipation Project Note, Series 2017, of
the City of Dubuque, Iowa, under the provisions of the Code of Iowa, and providing for a
method of payment of said Note was adopted.
RESOLUTION NO. 311-17
A RESOLUTION APPROVING AND AUTHORIZING A FORM OF INTERIM LOAN AND
DISBURSEMENT AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE AND
THE IOWA FINANCE AUTHORITY, AND AUTHORIZING AND PROVIDING FOR THE
ISSUANCE AND SECURING THE PAYMENT OF $475,000 WATER REVENUE CAPI-
TAL LOAN NOTES ANTICIPATION PROJECT NOTE, SERIES 2017, OF THE CITY OF
DUBUQUE, IOWA, UNDER THE PROVISIONS OF THE CODE OF IOWA, AND
PROVIDING FOR A METHOD OF PAYMENT OF SAID NOTE
Whereas, Issuer proposes to issue its Water Revenue Capital Loan Notes Anticipation
Project Note, Series 2017, to the extent of $475,000, for the purpose of defraying the
costs of the Project hereinafter described; and, it is deemed necessary and advisable and
in the best interests of the City that a form of Interim Loan and Disbursement Agreement
by and between the City and the Iowa Finance Authority be approved and authorized;
and
Whereas, the notice of intention of Issuer to take action for the issuance of not to ex-
ceed $475,000 Water Revenue Capital Loan Notes 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 Dubu-
que, IN THE COUNTY 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 Project Notes" shall mean any project notes or other obligations issued
on a parity with the Note in accordance with the provisions of Section 11 hereof;
• "Agreement" shall mean an Interim Loan and Disbursement Agreement dated as
of the Closing between and among the City and the Original Purchaser, relating to
the Interim 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 responsi-
bilities;
• "Closing" shall mean the date of delivery of the Note to the Original Purchaser and
the funding of the Interim Loan;
• "Corporate Seal" shall mean the official seal of Issuer adopted by the Governing
Body;
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• "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 consec-
utive 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 fall-
ing 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 Council of the City, or its successor in function
with respect to the operation and control of the System;
• "Interim Loan" shall mean the principal amount allocated by the Original Purchaser
and loaned to the City under the Program, equal in amount to the principal amount
of the Note;
• "Issuer" and "City" shall mean the City of Dubuque, Iowa;
• "Note" shall mean $475,000 Water Revenue Capital Loan Notes Anticipation Pro-
ject Note, Series 2017, authorized to be issued by this Resolution;
• "Original Purchaser" shall mean the Iowa Finance Authority, as the purchaser of
the Note from Issuer at the time of its original issuance;
• "Paying Agent" shall be the City Treasurer, or such successor as may be approved
by Issuer as provided herein and who shall carry out the duties prescribed herein
as Issuer's agent to provide for the payment of principal of and interest on the Notes
as the same shall become due;
• "Permitted Investments" shall mean any investments permitted in Iowa Code chap-
ter 12B or section 12C.9. All interim investments must mature before the date on
which the moneys are required for payment of principal and interest on the Notes
or project costs;
• "Program" shall mean the Iowa Drinking Water State Revolving Fund Program un-
dertaken by the Original Purchaser;
• "Project" shall mean the costs of acquisition, construction, reconstruction, extend-
ing, remodeling, improving, repairing and equipping all or part of the Municipal Wa-
ter System, including for the Roosevelt Water Tower;
• "Project Costs" shall mean all engineering fees, archeological surveys, environ-
mental studies, and fees related to a project plan preparation and submission, and
other expenses incidental thereto, and also including the costs of issuance of the
Note.
• "Project Fund" shall mean the Project Fund established by Section 6 of this Reso-
lution.
• "Registrar" shall be the City Treasurer, or such successor as may be approved by
Issuer as provided herein and who shall carry out the duties prescribed herein with
respect to maintaining a register of the owners of the Note. Unless otherwise spec-
ified, the Registrar shall also act as Transfer Agent for the Note;
• "System" shall mean the municipal water utility of the Issuer and all properties of
every nature hereinafter owned by the Issuer comprising part of or used as a part
of the System, including all water treatment facilities, storage facilities, pumping
stations and all related property and improvements and extensions made by Issuer
while the Note remains outstanding; all real and personal property; and all appur-
tenances, contracts, leases, franchises and other intangibles;
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• "Treasurer" shall mean the City Treasurer or such other officer as shall succeed to
the same duties and responsibilities with respect to the recording and payment of
the Note issued hereunder.
Section 2. Authority. The Agreement and the Note authorized by this Resolution shall
be issued pursuant to Section 76.13 of the Code of Iowa, and in compliance with all ap-
plicable 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. Note Details, Execution, Redemption and Registration.
a. Note Details. The Note shall be designated a Water Revenue Capital Loan Notes
Anticipation Project Note, be dated the date of delivery, in the denomination of
$1 ,000 or multiples thereof, and shall at the request of the Original Purchaser be
initially issued as a single Note in the denomination of $475,000 and numbered
R-1 . The Note shall not bear interest (0%), and shall mature three years from
issuance. The City Council hereby finds and determines that it is necessary and
advisable to issue said Note pursuant to Section 76.13 of the Code of Iowa, as
authorized by the Agreement and this Resolution.
b. Execution. The Note 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 regis-
tered owner of the Note.
c. Redemption. The Note may be called for redemption by the Issuer and paid before
maturity on any date, from any funds regardless of source, in whole or from time
to time in part, in order of maturity and within an annual maturity by lot.
Notice of redemption shall be given by U.S. mail to the Original Purchaser (or
any other registered owner of the Note). The terms of redemption shall be par,
plus accrued interest to date of call. Failure to give such notice by mail to any
registered owner or any defect therein shall not affect the validity of any proceed-
ings for the redemption of the Note. The Note is also subject to mandatory re-
demption to the extent not fully drawn upon.
d. Registration. The Note may be registered as to principal and interest on the books
of the Note Registrar in the name of the holder and such registration noted on the
Note after which no transfer shall be valid until the making of an entry upon the
books kept for the registration and transfer of ownership of the Note, and in no
other way. The City 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 Note for the payment of principal of and interest
on the Note as provided in this Resolution. The Note shall be negotiable as pro-
vided in Article 8 of the Uniform Commercial Code subject to the provisions for
registration and transfer contained in the Note and in this Resolution.
The ownership of any Note may be transferred only upon the Registration
Books kept for the registration and transfer of the Note and only upon surrender
thereof at the office of the Registrar together with an assignment duly executed
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by the holder or his duly authorized attorney in fact in such form as shall be sat-
isfactory to the Registrar, along with the address and social security number or
federal employer identification number of such transferee (or, if registration is to
be made in the name of multiple individuals, of all such transferees). In the event
that the address of the registered owner of a Note (other than a registered owner
which is the nominee of the broker or dealer in question) is that of a broker or
dealer, there must be disclosed on the Registration Books the information per-
taining to the registered owner required above. Upon the transfer of any such
Note, a new fully registered Note, of any denomination or denominations permit-
ted by this Resolution in aggregate principal amount equal to the unmatured and
unredeemed principal amount of such transferred fully registered Note, and bear-
ing interest at the same rate and maturing on the same date or dates shall be
delivered by the Registrar.
In all cases of the transfer of the Note, the Registrar shall register, at the ear-
liest practicable time, on the Registration Books, the Note, in accordance with the
provisions of this Resolution.
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 re-
garded as the absolute owner thereof for all purposes, and payment of or on
account of the principal of any such Note and the premium, if any, and interest
thereon shall be made only to or upon the order of the registered owner thereof
or his legal representative. All such payments shall be valid and effectual to sat-
isfy and discharge the liability upon such Note, including the interest thereon, to
the extent of the sum or sums so paid.
A Note which has been redeemed shall not be reissued but shall be cancelled
by the Registrar. A Note which is cancelled by the Registrar shall be destroyed
and a Certificate of the destruction thereof shall be furnished promptly to the Is-
suer; provided that if the Issuer shall so direct, the Registrar shall forward the
cancelled Note to the Issuer.
In the event any payment check representing payment of principal of or inter-
est on the Note 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 Note 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 Note shall forthwith cease, terminate
and be completely discharged, and thereupon it shall be the duty of the Paying
Agent to hold such funds, without liability for interest thereon, for the benefit of
the owner of such Note who shall thereafter be restricted exclusively to such
funds for any claim of whatever nature on his part under this Resolution or on, or
with respect to, such interest or Note. 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.
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Section 4. Form of Note. The form of Note shall be substantially as [Provided]
Section 5. Security for Note. The Note shall be payable solely from the Project Fund.
To pay the principal on the Note when it becomes due, there is hereby created a pledge
of the receipts anticipated in said Project Fund to continue until the payment in full of the
principal on the Note.
Section 6. Establishment of Project Fund. The Issuer hereby creates and establishes
a Project Fund, into which Project Fund are hereby appropriated the following:
Proceeds of not to exceed $475,000 Water Revenue Capital Loan Notes, additional
action on the issuance of which previously has been taken and approved by the City
Council
The funds so appropriated shall include in addition thereto all funds of the Issuer,
including proceeds realized on the reinvestment of proceeds of the Note, from which
the Issuer is or may become obligated to pay under contracts for the construction of
the Project to the extent that proceeds of the Note are applied to the payment thereof.
Section 7. Application of Project Fund. The proceeds of the sale of the Note shall be
deposited in the Project Fund for application to payment of Project Costs and the costs
of issuance of the Note or to pay the principal of the Note when due and for no other
purpose.
Disbursements for the payment of Project Costs shall be made by the City Clerk
upon receipt of vouchers approved by the Governing Body.
After completion of the Project, any moneys remaining in the Project Fund shall be
held for the retirement of Note. When the Note is paid or payment is provided for,
remaining moneys in the Project Fund may be withdrawn and used for any lawful pur-
pose.
Section 8. Investments. Moneys in the Project Fund shall at all times be invested, to
the extent practicable in Permitted Investments maturing at such times and in such
amounts as will make cash available for the purposes of such Project Fund as needed.
Section 9. Covenants with Noteholders. Issuer covenants and agrees, so long as any
Notes herein authorized remain unpaid, that it:
a. Will proceed to complete with all practicable dispatch the construction and acqui-
sition of the Project;
b. Will not make or cause or permit to be made any application of the proceeds of
the Note or of any moneys held in the Project Fund, except in accordance with the
provisions of this Resolution;
c. Will from time to time increase the amount of the appropriations to the Project
Fund, to the extent necessary to assure that the expected receipts thereafter forthcom-
ing, together with the funds appropriated and held in trust for the purpose, will be suf-
ficient to pay when due the Note as to both principal and interest.
d. Will obtain the collection of funds and the proceeds of the sale of water revenue
capital loan notes anticipated to be received in the Project Fund and, if not paid from
other sources, apply the same to the payment of the Note and interest thereon; and
e. For the prompt and full performance of the terms and provisions of this Resolution
and contract with the noteholders, the Issuer pledges its full faith and diligence and the
exercise of its lawful powers.
Section 10. Contract Between Issuer and Purchaser. This Resolution constitutes a
contract between the Issuer and the purchaser of the Note.
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Section 11 . Additional Notes. The Issuer may issue Additional Project Notes of equal
standing and parity of lien with the Note for the purpose of paying Project Costs to the
extent that funds appropriated to the Project Fund are adequate to pay all notes so issued
and interest thereon.
The holder or holders of the Notes shall have all other rights and remedies given by
law for the payment and enforcement of the Notes and the security therefor.
Section 12. Severability Clause. If any section, paragraph, clause or provision of this
Resolution be held invalid, such invalidity shall not affect any of the remaining provisions
hereof, and this Resolution shall become effective immediately upon its passage and ap-
proval.
Section 13. Repeal of Conflicting Resolutions or Ordinances. All ordinances and reso-
lutions and parts of ordinances and resolutions in conflict herewith are hereby repealed.
Section 14. Paragraph Headings. The paragraph headings in this Resolution are fur-
nished for convenience of reference only and shall not be considered to be a part of this
Resolution.
Section 15. 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 Interim 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 Interim Loan and Disbursement Agreement, the terms
of the Interim Loan and Disbursement Agreement shall prevail and be given effect to the
extent necessary to resolve any such conflict or inconsistency.
Passed and approved this 5th day of September, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
10. Workers' Compensation Compromise Settlement Agreement: City Attorney recom-
mending approval of a Compromise Settlement Agreement regarding a Workers' Com-
pensation claim by Karen Pins. Upon motion the documents were received, filed and ap-
proved.
11 . Letter of Support for Metz Building Redevelopment Project: City Manager providing
a Letter of Support for approval of Historic Tax Credits for the Metz Building redevelop-
ment project. Upon motion the documents were received, filed and approved.
12. Signed Contracts: Tri-State Adjustments, Inc. Collection Services Agreement.
Upon motion the documents were received and filed.
13. Improvement Contracts / Performance, Payment and Maintenance Bonds: Drew
Cook & Sons Excavating Company, Inc. for 2017 Sewershed 10 Manhole Projects;
McClain Excavating Company, Inc., for the Dubuque Airport Rental Car Parking Lot Pro-
ject 2017; Midwest Concrete, Inc. for 2017 Asphalt Overlay Ramp Project Four; Portzen
Construction, Inc. for Phase 1 17th St. Storm Sewer Improvements Project. Upon motion
the documents were received, filed and approved.
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14. Alcohol and Tobacco License Applications: City Manager recommending approval
of annual liquor, beer, wine and tobacco license applications as submitted. Upon motion
the documents were received and filed and Resolution No. 312-17 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; and Resolution No. 313-17 Approving applications for
retail cigarette/tobacco sales/nicotine/vapor permits, as required by Iowa Code Chapter
453A.47A were adopted.
RESOLUTION NO. 312-17
APPROVING APPLICATIONS FOR BEER, LIQUOR, AND/OR WINE PERMITS, AS
REQUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS
AND LICENSE REGULATIONS, CHAPTER 2 LIQUOR CONTROL, ARTICLE B LIQ-
UOR, BEER AND WINE LICENSES AND PERMITS
Whereas, applications for Beer, Liquor, and or Wine Permits have been submitted and
filed with the City Council for approval and the same have been examined and 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
noted permit types to the following applicants pending submission of the locally required
documentation:
Renewals
Fat Tuesday's 411121 University Ave. Class C Liquor (Sunday)
Java Joe's Coffee House 342 Main St. Class C Liquor, Class B Wine,
+ (Catering) (Sunday)
Kariden Wine Company 472 Central Ave. Class B Wine (Living Qtrs)
Phillips 66/Arby's 110 South Main St. Class C Beer (Sunday)
Red Robin America's Gour- 2775 NW Arterial Class C Liquor (Outdoor)
met Burgers & Spirits ; (Sunday)
Ron's Discount Smokes & 3300 Asbury Rd. Class C Beer, Class B Native
Beverage ; + Wine (Sunday)
Special Event
The Smokestack, 9/6 Jackson St. between Class B Beer (Outdoor)
7th and 9th St.
Passed, approved and adopted this 5th day of September, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 313-17
APPROVING APPLICATIONS FOR RETAIL CIGARETTE / TOBACCO SALES / NICO-
TINE / VAPOR PERMITS, AS REQUIRED BY IOWA CODE 453A.47A
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Whereas, applications for Cigarette/Tobacco Sales have been submitted and filed with
the City Council for approval and the same have been examined and approved; and
Whereas, the premises to be occupied by such applicants were inspected and found
to comply with the Ordinances of the City and the applicants have filed the proper fees
and 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 locations for cigarette/tobacco sales permit.
Business Name Business Location
Jayde's Vapor Lounge 3220 Dodge St.
Passed, approved and adopted this 5th day of September, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
BOARDS/COMMISSIONS
Applicants were invited to address the City Council regarding their appointment to the
following Boards/Commissions.
1 . Human Rights Commission: One, 3-year term through January 1 , 2019 (Vacant term
of Fisher). Applicants: Juliet Dita Meyer, 1398 Alta Vista St.; Gerald Hammel, Jr., 1225 YZ
Rhomberg Ave.; Ashley Melchert, 1265 Thomas PI. Mr. Hammel spoke in support of his
appointment and provided a brief biography.
Appointments were made the following boards/commissions.
2. Airport Commission: Two, 4-year terms through September 14, 2021 (Expiring terms
of Brotherton and Even). Applicants: Doug Brotherton, 2823 Hickory Hill; Chris Even, 120
S. Grandview Ave.; Scott Leibfried, 3211 Honeysuckle Ln.; Yahaira Lugo, 1671 Avoca St.
Upon roll-call vote Doug Brotherton and Chris Even were appointed to 4-year terms
through September 14, 2021 . Brotherton = Lynch, Jones, Resnick, Buol; Even = Connors,
Del Toro, Lynch Resnick, Buol; Leibfried = Del Toro, Rios, Jones, Lugo = Connors, Rios.
3. Electrical Code Board: One, 3-year term through May 21 , 2020 (Expired term of
Pfohl). Applicant: Kevin Pfohl, 1878 Hummingbird Dr. (Qualifies with Electrical Back-
ground). Motion by Lynch to appoint Mr. Pfohl to a 3-year term through May 21 , 2020.
Seconded by Connors. Motion carried 7-0.
PUBLIC HEARINGS
1 . Marquette Hall, LLC Vacating Petition for Alley Between Regent and Queen Streets:
Proof of publication on notice of public hearing to consider approval of a request from
Marquette Hall, LLC to vacate a 20-foot wide alley between Regent Street and Queen
Street to facilitate revitalization of the former Sacred Heart School property at 2222 Queen
Street and the City Manager recommending approval. Motion by Connors to receive and
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file the document and adopt Resolution No. 314-17 Vacating the alley between Regent
Street and Queen Street in Sanford Subdivision, to be known as Lot 34A of Sanford Sub-
division, in the City of Dubuque, Iowa. Seconded by Lynch. Responding to questions from
the City Council, City Manager Van Milligen stated that Sacred Heart Church is involved
in the total project and therefore aware of the loss of some parking area. Motion carried
7-0.
RESOLUTION NO. 314-17
VACATING THE ALLEY BETWEEN REGENT STREET AND QUEEN STREET IN SAN-
FORD SUBDIVISION, TO BE KNOWN AS LOT 34-A OF SANFORD SUBDIVISION, IN
THE CITY OF DUBUQUE, IOWA
Whereas, Marquette Hall, LLC has requested the vacating of the alley between Regent
Street and Queen Street in Sanford Subdivision; and
Whereas, there has been presented to the City Council of the City of Dubuque, Iowa,
a plat dated August 14, 2017 prepared by Buesing and Associates, Inc., describing the
proposed vacated alley right of way, in the City of Dubuque, 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
City of Dubuque, Iowa on the 25th day of August, 2017, the City Council of the City of
Dubuque, Iowa met on the 5th day of September, 2017, at 6:30 p.m. in the Historic Federal
Building Council Chambers (second floor), 350 West 6th 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 the pro-
posed vacated alley between Regent Street and Queen Street to be known as Lot 34-A
of Sanford Subdivision, 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 34-A of Sanford Subdivision, in the
City of Dubuque, Iowa, be and the same is hereby vacated.
Passed, approved and adopted this 5th day of September, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
2. Fiscal Year 2018 First Budget Amendment: Proof of publication on notice of public
hearing to consider approval of the Fiscal Year 2018 First Budget Amendment and the
City Manager recommending approval. Motion by Lynch to receive and file the documents
and adopt Resolution No. 315-17 Amending the current budget for the Fiscal Year Ending
June 30, 2018. Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 315-17
AMENDING THE CURRENT BUDGET FOR THE FISCAL YEAR ENDING JUNE 30,
2018
Be it Resolved by the Council of the City of Dubuque
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Section 1 . Following notice published 8/23/17 and the public hearing held 9/5/17 the
current budget (as previously amended) is amended as set out herein and in the detail
by fund type and activity that supports this resolution which was considered at that hear-
ing:
Total Budget Total Budget
as certified Current after Current
or last amended Amendment Amendment
Revenues&Other Financing Sources
Taxes Levied on Property 1 25,062,297 0 25,062,297
Less: Uncollected Property Taxes-Levy Year 2 0 0 0
Net Current Property Taxes 3 25,062,297 0 25,062,297
Delinquent Property Taxes 4 0 0 0
TIF Revenues 5 11,903,432 0 11,903,432
Other City Taxes 6 18,061,248 0 18,061,248
Licenses&Permits 7 1,529,906 0 1,529,906
Use of Money and Property 8 12,553,589 0 12,553,589
Intergovernmental 9 41,763,315 34,993,582 76,756,897
Charges for Services 10 42,877,311 3,828 42,881,139
Special Assessments 11 30,000 0 30,000
Miscellaneous 12 7,681,272 451,787 8,133,059
Other Financing Sources 13 2,522,060 6,902,072 9,424,132
Transfers In 14 28,992,317 2,759,004 31,751,321
Total Revenues and Other Sources 15 192,976,747 45,110,273 238,087,020
Expenditures&Other Financing Uses
Public Safety 16 29,244 056 363,129 29,607,185
Public Works - 17 12,682,233 1,441,359 14,123,592
Health and Social Services - 18 915,654 27,862 943,516
Culture and Recreation - 19 12,054,279 695,955 12,750,234
Community and Economic Development 20 14,755,628 -175,078 14,580,550
General Government 21 9,029,607 556,146 9,585,753
Debt Service 22 10,873,974 0 10,873,974
Capital Projects 23 29,769,433 39,653,601 69,423,034
Total Government Activities Expenditures 24 119,324,864 42,562,974 161,887,838
Business Type/Enterprises 25 50,388,083 26,880,406 77,268,489
Total Gov Activities&Business Expenditures I 26 169,712,947 69,443,380 239,156,327
Transfers out 27 28,992,317 2,759,004 31,751,321
Total Expenditures/Transfers Out 28 198,705,264 72,202,384 270,907,648
Excess Revenues&Other Sources Over
(Under)Expenditures/Transfers Out Fiscal Year 29 -5,728,517 -27,092,111 -32,820,628
Beginning Fund Balance July 1 30 35,830,708 37,320,239 73,150,947
Ending Fund Balance June 30 31 30,102,191 10,228,128 40,330,319
Passed, approved and adopted this 5th day of September, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
ACTION ITEMS
1 . Code of Ordinances Amendment - Title 1 Mayor and City Council Salary Compen-
sation (Third Reading): City Clerk submitting an amendment to the City of Dubuque Code
of Ordinances Title 1 adjusting City Council Member salaries effective January 1 , 2018
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as recommended by the Compensation Task Force and approved by City Council on July
17, 2017. Motion by Jones for final consideration and passage of Ordinance No. 40-17
Amending City of Dubuque Code of Ordinances Title 1 Administration, Chapter 6 Mayor
and City Council, Section 1-6-2 Compensation. Seconded by Connors. Motion carried 5-
2 with Del Toro and Rios voting nay.
OFFICIAL PUBLICATION
ORDINANCE NO. 40-17
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 1 ADMINISTRA-
TION, CHAPTER 6 MAYOR AND CITY COUNCIL, SECTION 1-6-2 COMPENSATION
Whereas, pursuant to Iowa Code 372.13-8, the City Council shall not adopt an ordi-
nance changing the compensation of the mayor and council members during the months
of November and December in the year of a regular city election; and
Whereas, a change in the compensation of the mayor does not become effective dur-
ing the term in which the change is adopted; and
Whereas, at the 2004 Dubuque City Council annual goal setting session, the City
Council concurred to make a change in mayor and council member compensation only
during the year in which a majority of council members' terms expire; and
Whereas, such change in compensation would be recommended to the City Council
by an ad hoc task force comprised of seven (7) residents of the city each selected by a
member of the City Council to represent him/her and facilitated by the City Clerk; and
Whereas, a change in the compensation of the council members becomes effective for
all council members at the beginning of the term of the council members elected at the
election next following the change in compensation; and
Whereas, effective:
• January 1 , 1997 the compensation of the Mayor was set at Ten Thousand Four
Hundred Seventy-One Dollars ($10,471 .00) per annum, and the compensation for City
Council Members set at Six Thousand Nine Hundred Seventy-Nine Dollars ($6,979.00)
per annum; and
• January 1 , 2002 the compensation of the Mayor was set at Eleven Thousand Dol-
lars ($11 ,000.00) per annum, and the compensation for City Council Members set at
Eight Thousand Dollars ($8,000.00) per annum; and
• January 1 , 2006, the compensation of the Mayor was set at Eleven Thousand Five
Hundred Dollars ($11 ,500.00) per annum, and the compensation for City Council Mem-
bers set at Eight Thousand Five Hundred Dollars ($8,500.00) per annum;
• January 1 , 2014, the compensation of the Mayor was set at Thirteen Thousand
Dollars ($13,000) per annum, and the compensation for City Council Members set at
Nine Thousand Seven Hundred Dollars ($9,700.00) per annum; and
Whereas, the City Council has determined that the compensation for the Mayor and
City Council Members should be adjusted effective January 1 , 2018.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, AS FOLLOWS:
Section 1 . Section 1-6-2 of the City of Dubuque Code of Ordinances is amended to
read as follows:
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1-6-2: COMPENSATION: Effective January 1 , 2018, the compensation for the mayor
shall be thirteen thousand eight hundred dollars ($13,800.00) per annum, and the com-
pensation for the city council members shall be ten thousand three hundred dollars
($10,300.00) per annum.
Section 2. This ordinance shall take effect upon publication.
Passed, approved and adopted this 5th day of September, 2017.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 8th day of September, 2017.
/s/Kevin S. Firnstahl, City Clerk
2. Code of Ordinances Amendment - Title 15 Long Range Planning Advisory Commis-
sion: City Manager recommending a change in the City's process for handling amend-
ments to Urban Renewal Plans and Urban Revitalization Plans in order to better align
with State of Iowa Code. Motion by Lynch to receive and file the documents and that the
requirement that a proposed ordinance be considered and voted on for passage at two
Council meetings prior to the meeting at which it is to be passed be suspended. Seconded
by Connors. Motion carried 7-0.
Motion by Lynch for final consideration and passage of Ordinance No. 41-17 Amending
City of Dubuque Code of Ordinances Title 15 Planning and Zoning, Chapter 2 Long
Range Planning Advisory Commission, Section 15-2-13 Powers. Seconded by Connors.
Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 41-17
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 15 PLANNING AND
ZONING, CHAPTER 2 LONG RANGE PLANNING ADVISORY COMMISSION, SEC-
TION 15-2-13 POWERS
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 . Section 15-2-13 of the City of Dubuque Code of Ordinances is hereby
amended to read as follows:
15-2-13: POWERS: The commission has the following powers, duties, and responsi-
bilities:
A. To provide a leadership role in the planning, coordinating, and sponsoring of a
periodic community planning process;
B. To coordinate and supervise the preparation and maintenance of the compre-
hensive plan;
C. To provide input to the city manager in the preparation of the city manager's
recommended multiyear capital improvement program;
D. To make comprehensive studies of the present condition and the future growth
of the city to provide input into the community planning process and to guide and ac-
complish a coordinated, consistent, and harmonious development in accordance with
the present and future needs thereof to the end that the health, safety, morals, order,
convenience, prosperity, and general welfare may be promoted;
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E. To make or cause to be made such surveys, studies, maps, plans, or charts of
the city with due regard to its relation to neighboring territory as may be determined as
necessary to carry out the purposes of the commission;
F. To recommend amendments to all or parts of the comprehensive plan in response
to the community planning process, upon its own initiative or upon recommendation
presented by the zoning advisory commission, but only after a public hearing;
G. To review proposed urban renewal plans and urban revitalization plans for con-
sistency with the comprehensive plan;
H. To undertake public information efforts to enhance public understanding of the
community planning process generally and the comprehensive plan specifically; and
I. To undertake from time to time other specific long range planning projects which
may be referred to the commission by the city council.
Section 2. This Ordinance shall take effect upon publication.
Passed, approved, and adopted this 5th day of September, 2017.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 8th day of September,
2017.
/s/Kevin S. Firnstahl, City Clerk
COUNCIL MEMBER REPORTS
Mayor Buol reminded everyone that the 11th Annual State of the City Address is sched-
uled for Monday, September 11th at 7:00 p.m. in the Council Chambers of the Historic
Federal Building, 350 W. 16th St. Mayor Buol also reported on receiving correspondence
from former Dubuquer Kyle Fitzgerald who described the generosity of Dubuque resi-
dents when he called for supplies and assistance for his trip to Texas to provided aid to
survivors of Hurricane Harvey.
There being no further business, upon motion the City Council adjourned at 6:27 p.m.
/s/Kevin S. Firnstahl, CMC, City Clerk
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