4 1 19 City Council Proceedings Official_Regular1
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in regular session at 6:00 p.m. on April 1, 2019 in the
second-floor Council Chambers of the Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol; Council Members Del Toro, Jones, Larson, Resnick, Rios
(Joined at 6:02 p.m.), Shaw; 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
Bear Scout Pack #55 from Kennedy Elementary School and Den Leader Jenni Mal-
colm led the reciting of the Pledge of Allegiance.
PROCLAMATION(S)
1. National Service Recognition Day (April 2, 2019) was accepted by Heather Satterly,
Program Director, AmeriCorps Partners in Learning, 1550 Clarke Drive; and Marie
Zoromski of the Retired and Senior Volunteer Program (RSVP), 350 N. Grandview Ave-
nue.
2. Days of Caring (April 26, 2019) was accepted by Amanda Iburg, Days of Caring Co-
Chair, c/o Young Professionals, 300 Main Street, Suite 200.
3. Sexual Assault Awareness Month (April 2019) was accepted by Katie Bailey of the
Riverview Center, 2600 Dodge St Ste D4.
CONSENT ITEMS
Motion by Resnick to receive and file the documents, adopt the resolutions, and dis-
pose of as indicated. Seconded by Jones. Motion carried 7-0.
1. Minutes and Reports Submitted: City Council Proceedings of 3/18; Park and Recre-
ation Commission of 3/12; Transit Advisory Board of 3/14; Proof of Publication for City
Council Proceedings of 2/25, 2/27, 3/4, 3/7, 3/11; Proof of Publication for List of Claims
and Summary of Revenues for Month Ending 2/28. Upon motion the documents were
received and filed.
2. Notice of Claims and Suits: Adrian Appelman for property damage, Wade Duncan
for vehicle damage, C. Dennis Gansemer for vehicle damage, Donna Sindahl for vehicle
2
damage. Francis J. Ward for vehicle damage. Upon motion the documents were received,
filed, and referred to the City Attorney.
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: Adrian Appelman f or property damage, Wade Duncan for vehicle damage,
Francis J. Ward for vehicle damage. Upon motion the documents were received, filed,
and concurred.
4. Approval of City Expenditures: City Manager recommended Council approval for
payment of City expenditures. Upon motion the documents were received and filed, and
Resolution No. 108-19 Authorizing the Finance Director-City Treasurer to make certain
payments of bills that must be paid and approved for payment in accordance with City
procedures was adopted.
RESOLUTION NO. 108-19
AUTHORIZING THE FINANCE DIRECTOR-CITY TREASURER TO MAKE CERTAIN
PAYMENTS OF BILLS THAT MUST BE PAID AND APPROVED FOR PAYMENT IN
ACCORDANCE WITH CITY PROCEDURES
Whereas, Section 1-7-7(E) of the Municipal Code of the City of Dubuque provides that
the Finance Director-City Treasurer shall keep an accurate account of all disbursements,
money, or property, specifying date, to whom, and from what fund paid; and
Whereas, the invoices, presented by those firms and persons providing such goods
and services have been pre-audited by Finance Department personnel in accordance
with generally accepted internal control procedures and have been determined to have
been requisitioned for a lawful municipal purpose; and
Whereas, the Finance Director-City Treasurer has provided a list of Expenditures at-
tached hereto, and by this reference made a part hereof, to be drawn to pay for goods
and services provided for City purposes; and
Whereas, the City Council of the City of Dubuque has heretofore, by Resolution 142-
18 adopted May 7, 2018, authorized the Finance Director-City Treasurer to issue checks
in payment of certain expenditures known as Exception Expenditures prior to City Council
approval and such list is attached hereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The Finance Director-City Treasurer is hereby authorized to issue payment
for goods and services provided for City purposes in response to the purchase orders
and contracts issued in compliance with state and municipal code requirements as re-
quested by designated requisitioning authorities in accordance with approved budget ap-
propriations.
Section 2. In accordance with Iowa Code Section 372.13(6), the City Clerk and Finance
Director are hereby authorized and directed to provide the statement of receipts and dis-
bursements to the City Council, and to publish a summary thereof.
Passed, approved, and adopted this 1st day of April 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
3
5. 2018 in Review: Creating an Equitable Community of Choice: City Manager provid-
ing a copy of the Creating an Equitable Community of Choice Public Information Bro-
chure. Upon motion the document was received and filed.
6. Civil Service Commission - Certified Lists: Civil Service Commission submitting the
Certified Lists for the positions of Water Distribution Maintenance Worker and Help Desk
Support Technician. Upon motion the documents were received, filed and made a Matter
of Record.
March 7, 2019
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of the Code of Iowa, an entrance examination for the
position of Water Distribution Maintenance Worker was administered on February 5 and
February 19, 2019 (make-up date due to inclement weather on Feb. 5). 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 one (1) year from
above date.
Water Distribution Maintenance Worker
1. Jeffrey Mills, 2. Luke Rupp, 3. Justin Birch, 4. Donald Mergen, 5. Dustin Allen, 6. Ja-
son McCann, 7. Nicholas Ansel, 8. Scott Schlickman II, 9. Justin Steckel, 10. Christo-
pher Weifenbach, 11. Jeffrey Theisen, 12. Andrew Fonck, 13. Joseph Murphy, 14. Ste-
ven Valentine, 15. Benjamin Juran, 16. Josh Reiger
Respectfully submitted,
/s/Dan White, Chairman
Civil Service Commission
March 7, 2019
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of the Code of Iowa, an examination for the position
of Help Desk Support Technician was administered via “take-home” examination. We
hereby certify that the individuals listed below have passed this “take-home” examination
and the vacancy for this position should be made from this list and that this list is good for
one (1) year from the above date.
Help Desk Support Technician
1. Thomas Swift, 2. John Del Degan, 3. Robert Dunigan, 4. Joe LuGrain, 5. Jay Gonza-
les, Jr., 6. Collin McCalley, 7. Roan D’Souza, 8. Tonya Fredrickson, 9. Daniel Prejmak,
10. Justin Briggs, 11. Ted Pillard, 12. Jason Bickal, 13. Christopher Cruz, 14. Yanely
Nordin, 15. Nicole Hill, 16. Brenda Morris, 17. Jeffrey Fulton, 18. Wayne Harvey, 19.
David Hasken, 20. Michael Heeren, 21. Brian Kirk, 22. Chrisney Ricketts
Respectfully submitted,
/s/Dan White, Chairman
Civil Service Commission
4
7. Doctor-on-Demand Co-Payments: City Manager recommended approval to set the
co-payment for Doctor-on-Demand service for all employees. Upon motion the docu-
ments were received, filed and approved.
8. Annual Public Housing Agency (PHA) Plan : City Manager recommended approval
of the submission of the Annual Public Housing Agency Plan along with the Certification
of Consistency with the Consolidated Plan to the U.S. Department of Housing and Urban
Development. Upon motion the documents were received and filed, and Reso lution No.
109-19 Authorizing the Mayor to execute the Certification by State or Local Office of Pub-
lic Housing Agency (PHA) Plan's Consistency with the Consolidated Plan and Approval
of the PHA Annual Plan was adopted.
RESOLUTION NO. 109-19
AUTHORIZING THE MAYOR TO EXECUTE THE CERTIFICATION BY STATE OR LO-
CAL OFFICE OF PUBLIC HOUSING AGENCY (PHA) PLAN’S CONSISTENCY WITH
THE CONSOLIDATED PLAN AND APPROVAL OF THE PHA ANNUAL PLAN
Whereas, the U.S. Department of Housing and Urban Development requires submis-
sion of the Public Housing Agency (PHA) Plan on an annual basis; and
Whereas, the U.S. Department of Housing and Urban Development requires Certifica-
tion of the PHA Plan’s Consistency with the Consolidated Plan.
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 certify the PHA Plan’s
Consistency with the Consolidated Plan; and
Section 2: That the Director of Housing and Community Development is hereby au-
thorized to submit the PHA Plan and the Certification as required by the U.S. Department
of Housing and Urban Development.
Passed, approved and adopted this 1st day of April, 2019.
Roy D Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
9. Accepting Creek Wood Park Construction Project: City Manager recommended ac-
ceptance of the Creek Wood Park Project as completed by Gansen Excavating Inc. Upon
motion the documents were received and filed, and Resolution No. 110-19 Accepting
Creek Wood Park Project and authorizing the payment of the contract amount to the con-
tractor was adopted.
RESOLUTION NO. 110-19
ACCEPTING THE CREEK WOOD PARK PROJECT AND AUTHORIZING THE PAY-
MENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR
Whereas, the Public Improvement Contract for the Creek Wood Park Project (the Pro-
ject) has been completed by the contractor and Fehr Graham Engineering and Environ-
mental 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 Fehr
Graham Engineering and Environmental recommends that the Project be accepted.
5
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the Fehr Graham Engineering and Environmental
is approved, and the Project is hereby accepted.
Section 2. The Finance Director is hereby directed to pay to the Contractor from the
Creek Wood Project capital improvement appropriation for the contract amount of
$129,392.53 less any retained percentage provided for therein as provided in Iowa Code
chapter 573, and to pay such retainage only in accordance with the provisions of Iowa
Code chapter 573.
Passed, adopted and approved this 1st day of April, 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
10. Two Bits, LLC - Grant of Easement for Water Main Utility Relocation: City Manager
recommended acceptance of a Grant of Permanent Public Utility Easement from Two
Bits, LLC for the relocation of City water main that will be impacted by the upcoming Iowa
Department of Transportation US Hwy 20 / Swiss Valley Road Interchange Project. Upon
motion the documents were received and filed, and Resolution No. 111-19 Accepting
Grant of Permanent Public Utility Easements for water main relocation from Two Bit s,
LLC was adopted.
RESOLUTION NO. 111-19
ACCEPTING A GRANT OF PERMANENT PUBLIC UTILITY EASEMENTS FOR WA-
TER MAIN RELOCATION FROM TWO BITS, LLC
Whereas, the City of Dubuque entered into a Purchase Agreement for the purchase of
permanent public utility easements for water main relocation with Two Bits, LLC, de-
scribed as:
A PARCEL OF LAND SITUATED IN PART OF LOT 4 OF KEY CITY SUBDIVISION,
COUNTY OF DUBUQUE, STATE OF IOWA
As more particularly shown on the attached Grant of Permanent Public Utility Ease-
ment; and
Whereas, the terms of the Purchase Agreement have been satisfied.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA AS FOLLOWS:
1. The Grant of Permanent Public Utility Easements attached hereto is hereby ac-
cepted.
2. The City Clerk is authorized and directed to record this Resolution and the Grant of
Permanent Public Utility Easements with the Dubuque County Recorder.
Passed, adopted and approved this 1st day of April 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
11. Accela Consulting Services: City Manager recommended approval to enter into a
contract with Byrne Software Technologies to provide advanced scripting and reporting
services related to the City of Dubuque’s Accela Automation platform used for Building
6
Permits, Housing Rental Licenses and Right-of-Way Permits. Upon motion the docu-
ments were received, filed and approved.
12. Comelec Internet Services - Proposed Master Agreement for Shared-Use Projects
and Project Statement: City Manager recommended approval of a Master Agreement for
Shared-Use Projects and Project Statement with Comelec Internet Services for a conduit
collaboration to expand fiber services within the Dubuque Industrial Park and to imple-
ment fiber to the home extensions. Upon motion the documents were received, filed and
approved.
13. Signed Contract(s): Dubuque Area Labor-Management Council Short-Term Lease
in the Historic Federal Building for 2019-2021. Upon motion the document was received
and filed.
14. Improvement Contracts / Performance, Payment and Maintenance Bonds: Legacy
Corporation for the Catfish Creek South Fork Sanitary Interceptor Sewer Stream Bank
Emergency Repair Project. Upon motion the document was received, filed and approved.
15. Business License Refund: Request from Java Joe's Coffee House for a refund of
the Liquor License No. LC0042997 located at 342 Main Street due to business closing.
Upon motion the document was received, filed and approved.
16. Alcohol and Tobacco License Applications: City Manager recommended approval
of annual liquor, beer, wine and tobacco license applications as submitted. Upon motion
the documents were received and filed, and Resolution No. 112-19 Approving applica-
tions for beer, liquor, and/or wine permits, as required by City of Dubuque Code of Ordi-
nances Title 4 Business and License Regulation s, Chapter 2 Liquor Control, Article B
Liquor, Beer and Wine Licenses and Permits ; and Resolution No. 113-19 Approving ap-
plications for retail cigarette/tobacco sales/nicotine/vapor permits, as required by Iowa
Code Chapter 453A.47A were adopted.
RESOLUTION NO. 112-19
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:
7
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
Bunker Hill Golf Course 2200 Bunker Hill Rd. Class C Liquor (Outdoor) (Sunday)
Dubuque Arboretum As-
sociation Inc.
3800 Arboretum Dr. Class B Native Wine (Sunday)
Hy-Vee #3 400 Locust St. Class E Liquor, Class B Wine,
Class C Beer (Sunday)
Hy-Vee Gas #3 300 Locust St. Class C Beer, Class B Native Wine
(Sunday)
Kwik Stop Food Mart 2360 Central Ave. Class E Liquor, Class B Native
Wine, Class C Beer (Sunday)
Neighbor's Tap 1899 Rockdale Rd. Class C Liquor
Noonan's Tap 1618 Central Ave. Class C Liquor (Sunday)
Panchero's Mexican Grill 4840 Asbury Rd. Class B Beer (Outdoor) (Sunday)
Special Event(s) per Special Event Application Submittal
Hotel Julian Dubuque -
Dubuque Film Festival -
4-23 to 4-27
200 Main St. Adding Outdoor Service
Passed, approved, and adopted this 1st day of April 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 113-19
APPROVING APPLICATIONS FOR RETAIL CIGARETTE / TOBACCO SALES / NICO-
TINE / VAPOR PERMITS, AS REQUIRED BY IOWA CODE 453A.47A
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 Address
Beecher Liquor 1691 Asbury Rd.
Passed, approved, and adopted this 1st day of April, 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
ITEMS SET FOR PUBLIC HEARING
8
Motion by Resnick 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 Del Toro. Motion carried 7-0.
1. Development Agreement with Three Amigos, LLC for 898 Jackson Street: City Man-
ager recommended that the City Council set a public hearing for April 15, 2019, on a
proposed Development Agreement between the City of Dub uque and Three Amigos, LLC
for redevelopment of the property at 898 Jackson Street. Upon motion the documents
were received and filed, and Resolution No. 114-19 Fixing the date for a public hearing
of the City Council of the City of Dubuque, Iowa on a proposed Development Agreement
between the City of Dubuque, Iowa, and Three Amigos, LLC including the issuance of
Urban Renewal Tax Increment Revenue Obligations ad providing for the publication of
notice thereof was adopted setting a public hearing for a meet ing to commence at 6:00
p.m. on April 15, 2019 in the Historic Federal Building.
RESOLUTION NO. 114-19
FIXING THE DATE FOR A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA ON A PROPOSED DEVELOPMENT AGREEMENT BETWEEN
THE CITY OF DUBUQUE, IOWA, AND THREE AMIGOS, LLC INCLUDING THE ISSU-
ANCE OF URBAN RENEWAL TAX INCREMENT REVENUE OBLIGATIONS, AND
PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF
Whereas, City and Three Amigos, LLC have entered into a Development Agreement,
subject to the approval of the City Council, for the rehabilitation of property located at 898
Jackson Street, including the issuance of Urban Renewal Tax Increment Revenue obli-
gations, a copy of which Development Agreement is now on file at the Office of the City
Clerk, City Hall, 50 W. 13th Street, Dubuque, Iowa; and
Whereas, the City Council has tentatively determined that it would be in the best inter-
ests of the City to approve the Development Agreement with Three Amigos, LLC; and
Whereas, it is deemed necessary and advisable that the City Council authorize Urban
Renewal Tax Increment Revenue obligations, as provided by Chapter 403 of the Code of
Iowa and enter into the Development Agreement for the purpose of carrying out the re-
habilitation of property located at 898 Jackson Street; and
Whereas, before said obligations may be approved, Chapter 403 of the Code of Iowa
requires that the City Clerk publish a notice of the proposal and of the time and place of
the meeting at which the City Council proposes to take action thereon and at which meet-
ing the City Council shall receive oral and/or written objections from any resident or prop-
erty owner of the City to such proposed action.
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 a notice to be
published as prescribed by Iowa Code Section 403.9 of a public hearing on the City's
intent to approve the Development Agreement and authorize Urban Renewal Tax Incre-
ment Revenue obligations, to be held on the 15th day of April 2019, at 6:00 o'clock p.m.
in the City Council Chambers at the Historic Federal Building, 350 W. 6th St., Dubuque,
Iowa.
9
Section 2. The City Council will meet at said time and place fo r the purpose of taking
action on the matter of approving the Development Agreement with Three Amigos, LLC
and authorizing Urban Renewal Tax Increment Revenue obligations, the proceeds of
which obligations will be used to carry out certain of the special f inancing activities de-
scribed in the Amended and Restated Urban Renewal Plan for the Greater Downtown
Urban Renewal District, consisting of the funding of economic developments grants to
Three Amigos, LLC pursuant to the Development Agreement. It is expected that the ag-
gregate amount of the Tax Increment Revenue obligations to be issued will be approxi-
mately $48,000.
Section 3. The City Clerk is hereby directed to cause at least one publication to be
made of a notice of said meeting, in a newspaper, printed wholly in the English language,
published at least once weekly, and having general circulation in said City, said publica-
tion to be not less than four days nor more than twenty days before the date of said
meeting on the issuance of said obligations.
Section 4. The notice of the public hearing and the proposed action to issue said obli-
gations shall be in substantially the form attached hereto.
Passed, approved and adopted this 1st day of April, 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
2. Bee Branch Health Homes (CDBG-NDR) Housing Rehabilitation Project for 278 W.
17th Street – Initiate: City Manager recommended initiation of the public bidding proce-
dure for the housing rehabilitation project at 278 W. 17th Street, 30 units, and further rec-
ommends that a public hearing be set for April 15, 2019. Upon motion the documents
were received and filed, and Resolution No. 115-19 Approval of plans, specifications,
form of contract, and estimated cost; setting date of public hearing on plans, specifica-
tions, form of contract, and estimated cost; and ordering the advertisement for bids was
adopted setting a public hearing for a meeting to commence at 6:00 p.m. on April 15,
2019 in the Historic Federal Building.
RESOLUTION NO. 115-19
BEE BRANCH HEALTHY HOMES HOUSING PROJECTS
PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, 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
Whereas, The City of Dubuque, Iowa by and through its Housing & Community Devel-
opment Department sets forth the proposed plans, specifications, form of contract and
estimated cost for the individual Bee Branch Healthy Homes Project # 1x0086:
Address Project # Construction Estimate
278 W. 17th Street, Dubuque, Iowa, (30 Units) 1X0086 $272,851.00
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The proposed plans, specifications, form of contract and estimated cost for
the individual Bee Branch Healthy Homes Project are preliminarily approved and ordered
to be advertised for construction bids.
10
Section 2. A public hearing will be held on the 15 th day of April, 2019 at 6:00 p.m. in
the Historic Federal Building Council Chambers (second floor) 350 W. 6th Street, Dubu-
que, Iowa, at which time interested persons may appear and be heard for or against the
proposed plans and specifications, form of contract and estimated cost of said Project,
and the City Clerk be and is hereby directed to cause the attached notice of the time and
place of such hearing to be published in a newspaper having general circulation in the
City of Dubuque, Iowa, which notice shall be published not less than four days nor more
than twenty days prior to the date of such hearing. At the hearing, any interested person
may appear and file objections to the proposed plans, specifications, form of contract, or
estimated cost of the Project.
Section 3. the East Central Intergovernmental Association (ECIA) is hereby directed to
advertise for bids for the construction of the improvements herein provided, by publishing
the attached Notice to Bidders to be published in the Master Builders of Iowa Plan Room,
and posted on the City of Dubuque website at www.cityofdubuque.org/bids and which
notice shall be published not less than thirteen but not more than forty-five days before
the date for filing bids before 1:00 p.m. on the 19th day of April, 2019. Bids shall be opened
and read by the Bee Branch Healthy Homes inspector and City staff at said time and will
be submitted to the City Council for final action at 6:00 p.m. on the 6 th day of May 2019,
in the Historic Federal Building Council Chambers (second floor), 350 We st 6th Street,
Dubuque, Iowa.
Passed, adopted and approved this 1st day of April 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
3. Status of Funded Activities for Community Development Block Grant, National Dis-
aster Resilience (CDBG-NDR) Housing Grant: City Manager recommended that the City
Council set a public hearing for April 15, 2019, on the Status of Funded Activities Contract
#13-NDRH-001 for Community Development Block Grant, National Disaster Resilience
Housing Grant, locally known as the Bee Branch Healthy Homes Resiliency Program.
Upon motion the documents were received and filed, and Resolution No. 116-19 Setting
a public hearing on the status of funded activities Contract #13 -NDRH-001 for the Com-
munity Development Block Grant, National Disaster Resilience (CDBG-NDR) Housing
Grant was adopted setting a public hearing for a meeting to commence at 6:00 p.m. on
April 15, 2019 in the Historic Federal Building.
RESOLUTION NO. 116-19
SETTING A PUBLIC HEARING ON STATUS OF FUNDED ACTIVI TIES- CONTRACT
#13-NDRH-001 FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT, NATIONAL
DISASTER RESILIENCE (CDBG-NDR) HOUSING GRANT
Whereas, The City of Dubuque, Iowa by and through its Housing & Community Devel-
opment Department, as required by Section 508 of the Housing and Community Devel-
opment Act of 1987 requires local governments to have a public hearing on the status of
a funded activity during the project; and
Whereas, an interest by the City in the various parcels of real estate which have been
rehabilitated or repaired under the eligible activities provided through the Iowa Economic
11
Development Authority Community Development Block Grant National Disaster Resili-
ency Grant (Contract #13-NDRH-001) and other applicable standards via grant funding
received from the U.S. Department of Housing and Community Development.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The City Council will meet in the Historic Federal Building, Council Cham-
bers, 2nd Floor, 350 West 6th Street, Dubuque, Iowa at 6:00 p.m. on April 15, 2019 for
the purpose of holding a public hearing and taking action to include the Status of Funded
Activities CONTRACT #13-NDRH-001 for Community Development Block Grant, Na-
tional Disaster Resilience (CDBG-NDR) Housing Grant.
Section 2. The City Clerk be hereby authorized and directed to publish a notice of such
public hearing on the City Council’s intent to review and take action on the Status of
Funded Activities CONTRACT #13-NDRH-001 for Community Development Block Grant,
National Disaster Resilience (CDBG-NDR) Housing Grant.
Passed, approved and adopted this 1st day of April 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
4. Fiscal Year 2019 Second Budget Amendment: City Manager recommended that the
second Fiscal Year 2019 Budget Amendment be set for public hearing for April 15, 2019.
Upon motion the documents were received and filed, and Resolution No. 117-19 Setting
the date for the public hearing on Amendment No. 2 to the fiscal Year 2019 Budget for
the City of Dubuque was adopted setting a public hearing for a meeting to commence at
6:00 p.m. on April 15, 2019 in the Historic Federal Building.
RESOLUTION NO. 117-19
SETTING THE DATE FOR THE PUBLIC HEARING ON AMENDMENT NO. 2 TO THE
FISCAL YEAR 2019 BUDGET FOR THE CITY OF DUBUQUE
Whereas, Iowa Code Section 384.16 provides that the City Council shall set a time and
place for a public hearing on amendments to the budget and publish notice before the
hearing as provided in Iowa Code Section 362.3.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Council shall conduct a public hearing on proposed Amend-
ment No. 2 to the Fiscal Year 2019 budget for the City of Dubuque at the City Council
Chambers at the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, on Mon-
day, April 1, 2019, beginning at 6:00 p.m.
Section 2. That the City Clerk be and is hereby authorized and directed to publish
notice of the public hearing, according to law, together with the required budget infor-
mation.
Passed, approved and adopted this 1st day of April 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
12
5. NW Arterial and Pennsylvania Avenue Right -Turn Lane Improvement Project – Ini-
tiate: City Manager recommended initiation of the public bidding procedure for the North-
west Arterial – Pennsylvania Avenue Right Turn Lane Project, adoption of the attached
resolutions preliminarily approving the construction plans and specifications, and estab-
lishing April 15, 2019, as the date for the public hearing. Upon motion the documents
were received and filed, and Resolution No. 118-19 Preliminary approval of plans, spec-
ifications, form of contract, and estimated cost; setting date of public hearing on plans,
specifications, form of contract, and estimated cost was adopted setting a public hearing
for a meeting to commence at 6:00 p.m. on April 15, 2019 in the Historic Federal Building.
RESOLUTION NO. 118-19
NORTHWEST ARTERIAL - PENNSYLVANIA AVE RIGHT TURN LANE PROJECT
PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT,
AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPEC-
IFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CIT Y OF
DUBUQUE, IOWA:
Section 1. The proposed plans, specifications, form of contract and estimated cost for
the Northwest Arterial - Pennsylvania Avenue Right Turn Lane Project in the estimated
amount $354,600.00, are hereby preliminarily approved and order ed filed in the office of
the City Clerk for public inspection.
Section 2. A public hearing will be held on the 15th day of April, 2019, at 6:00 p.m. in
the Historic Federal Building Council Chambers (second floor) 350 W. 6th Street, Dubu-
que, Iowa, at which time interested persons may appear and be heard for or against the
proposed plans and specifications, form of contract and estimated cost of said Project,
and the City Clerk be and is hereby directed to cause the attached notice of the time and
place of such hearing to be published in a newspaper having general circulation in the
City of Dubuque, Iowa, which notice shall be published not less than four days nor more
than twenty days prior to the date of such hearing. At the hearing, any interested person
may appear and file objections to the proposed plans, specifications, form of contract, or
estimated cost of the Project.
Section 3. The Northwest Arterial - Pennsylvania Avenue Right Turn Lane Project is
hereby ordered to be advertised for bids for construction.
Section 4. 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.
Section 5. The City Engineer is hereby directed to advertise for bids for the construction
of the improvements herein provided, by publishing the attached Notice to Bidders to be
published in the Master Builders of Iowa Plan Room, The Construction Update Network
and posted on the City of Dubuque website at www.cityofdubuque.org/bids and which
notice shall be published not less than thirteen but not more than forty-five days before
the date for filing bids before 2:00 p.m. on the 25th day of April, 2019. Bids shall be opened
and read by the City Clerk at said time and will be submitted to the City Council for final
action at 6:00 p.m. on the 6th day of May 2019, in the Historic Federal Building Council
Chambers (second floor), 350 West 6th Street, Dubuque, Iowa.
Passed, adopted and approved this 1st day of April 2019.
Roy D. Buol, Mayor
13
Attest: Kevin S. Firnstahl, City Clerk
6. Proposed Issuance of General Obligation Bonds Series 2019 A, B, C and D : City
Manager recommended that a public hearing be set for May 6, 2019, on the proposition
of selling Not-to-Exceed $13,035,000 in General Obligation Bonds Series 2019 A, B, C
and D. Upon motion the documents were received and filed, and Resolution No. 119-19
Fixing date for a meeting on the proposition of the issuance of Not-to-Exceed $10,045,000
General Obligation Bonds of the City of Dubuque, State of Iowa (for Essential Corporate
Purposes), and providing for publication of notice thereof ; Resolution No. 120-19 Fixing
date for a meeting on the proposition of the issuance of Not-to-Exceed $700,000 General
Obligation Bonds of the City of Dubuque, State of Iowa (for General Corporate Purposes),
and providing for publication of notice thereof ; Resolution No. 121-19 Fixing date for a
meeting on the proposition of the issuance of Not -to-Exceed $600,000 General Obligation
Bonds of the City of Dubuque, State of Iowa (for General Corporate Purposes), and
providing for publication of notice thereof; and Resolution No. 122-19 Fixing date for a
meeting on the proposition of the issuance of Not -to-Exceed $1,690,000 General Obliga-
tion Bonds of the City of Dubuque, State of Iowa (for Essential Corporate Urban Renewal
Purposes), and providing for publication of notice thereof were adopted setting a public
hearing for a meeting to commence at 6:00 p.m. on May 6, 2019 in the Historic Federal
Building.
RESOLUTION NO. 119-19
FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT
TO EXCEED $10,045,000 GENERAL OBLIGATION BONDS OF THE CITY OF DUBU-
QUE, STATE OF IOWA (FOR ESSENTIAL CORPORATE PURPOSES), AND PROVID-
ING FOR PUBLICATION OF NOTICE THEREOF
Whereas, it is deemed necessary and advisable that the City of Dubuque, State of
Iowa, should issue General Obligation Bonds, to the amount of not to exceed
$10,045,000, as authorized by Section 384.25, of the Code of Iowa, for the purpose of
providing funds to pay costs of carrying out essential corporate purpose project(s) as
hereinafter described; and
Whereas, before the Bonds may be issued, it is necessary to comply with the provi-
sions of the Code, and to publish a notice of the proposal to issue such bonds and of the
time and place of the meeting at which the Council proposes to take action for the issu-
ance of the Bonds and to receive oral and/or written objections from any resident or prop-
erty owner of the City to such action.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CITY OF DUBU-
QUE, STATE OF IOWA:
That this Council meet in the Historic Federal Building, 350 West 6th Street, Dubuque,
Iowa, at 6:00 P.M. on the 6th day of May, 2019, for the purpose of taking action on the
matter of the issuance of not to exceed $10,045,000 General Obligation Bonds, for es-
sential corporate purposes, the proceeds of which bonds will be used to provide funds to
pay the costs of equipping the fire department, including the acquisition and equipping of
a Quick Response Pumper; and costs of refunding or refinancing certain outstanding in-
debtedness of the City, including Taxable General Obligation Bonds, Series 2012C, dated
June 28, 2012 and General Obligation Bonds, Series 2012D, dated June 28, 2012.
14
To the extent any of the projects or activities described in this resolution may be rea-
sonably construed to be included in more than one classification under Division III of
Chapter 384 of the Code of Iowa, the Council hereby elects the "essential corporate pur-
pose" classification and procedure with respect to each such project or activity, pursuant
to Section 384.28 of the Code of Iowa.
That the Clerk is hereby directed to cause at least one publication to be made of a
notice of the meeting, in a legal newspaper, printed wholly in the English language, pub-
lished at least once weekly, and having general circulation in the City. The publication to
be not less than four clear days nor more than twenty days before the date of the public
meeting on the issuance of the Bonds.
The notice of the proposed action to issue bonds shall be in substantially the [provided]
form:
Passed, adopted and approved this 1st day of April 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 120-19
FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT
TO EXCEED $700,000 GENERAL OBLIGATION BONDS OF THE CITY OF DUBUQUE,
STATE OF IOWA (FOR GENERAL CORPORATE PURPOSES), AND PROVIDING
FOR PUBLICATION OF NOTICE THEREOF
Whereas, it is deemed necessary and advisable that the City of Dubuque, State of
Iowa, should issue General Obligation Bonds, to the amount of not to exceed $700,000,
as authorized by Section 384.26, of the Code of Iowa, for the purpose of providing funds
to pay costs of carrying out general corporate purpose project(s) as hereinafter described;
and
Whereas, the Issuer has a population of more than 5,000 but not more than 75,000,
and the Bonds for these purposes do not exceed $700,000; and
Whereas, before the Bonds may be issued, it is necessary to comply with the provi-
sions of Chapter 384 of the Code of Iowa, and to publish a notice of the proposal to issue
such Bonds and the right to petition for an election.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CITY OF DUBU-
QUE, STATE OF IOWA:
That this Council meet in the Historic Federal Building, 350 West 6 th Street, Dubuque,
Iowa, at 6:00 p.m., on the 6th day of May 2019, for the purpose of taking action on the
matter of the issuance of not to exceed $700,000 General Obligation Bonds, for general
corporate purposes, the proceeds of which bonds will be used to provide funds to pay the
costs of the construction, reconstruction, improvement, an d equipping of various city
buildings, including
for energy efficiency improvements; the reconstruction, improvement and equipping of
city fire stations; the reconstruction, improvement and equipping of the Five Flags Center
Arena; and for the Midtown Transfer Relocation project, including improvement and con-
struction of vehicle pull-in and passenger waiting areas, signage, cameras, seating and
shelters and shall bear interest at a rate not exceeding the maximum specified in the
attached notice.
15
That the Clerk is hereby directed to cause at least one publication to be made of a
notice of the meeting, in a legal newspaper, printed wholly in the English language, pub-
lished at least once weekly, and having general circulation in the City. The publication to
be not less than ten clear days nor more than twenty days before the date of the public
meeting on the issuance of the Bonds.
The notice of the proposed action to issue bonds shall be in substantially the [provided]
form:
Passed, adopted and approved this 1st day of April 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 121-19
FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT
TO EXCEED $600,000 GENERAL OBLIGATION BONDS OF THE CITY OF DUBUQUE,
STATE OF IOWA (FOR GENERAL CORPORATE PURPOSES), AND PROVIDING
FOR PUBLICATION OF NOTICE THEREOF
Whereas, it is deemed necessary and advisable that the City of Dubuque, State of
Iowa, should issue General Obligation Bonds, to the amount of not to exceed $600,000,
as authorized by Section 384.26, of the Code of Iowa, for the purpose of providing funds
to pay costs of carrying out general corporate purpose project(s) as hereinafter described;
and
Whereas, the Issuer has a population of more than 5,000 but not more than 75,0 00,
and the Bonds for these purposes do not exceed $700,000; and
Whereas, before the Bonds may be issued, it is necessary to comply with the provi-
sions of Chapter 384 of the Code of Iowa, and to publish a notice of the proposal to issue
such Bonds and the right to petition for an election.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CITY OF DUBU-
QUE, STATE OF IOWA:
That this Council meet in the Historic Federal Building, 350 West 6 th Street, Dubuque,
Iowa, at 6:00 p.m., on the 6th day of May, 2019, for the purpose of taking action on the
matter of the issuance of not to exceed $600,000 General Obligation Bonds, for general
corporate purposes, the proceeds of which bonds will be used to provide funds to pay the
costs of the construction, improvement and equipping of a skate park and shall bear in-
terest at a rate not exceeding the maximum specified in the attached notice.
That the Clerk is hereby directed to cause at least one publication to be made of a
notice of the meeting, in a legal newspaper, printed wholly in the English language, pub-
lished at least once weekly, and having general circulation in the City. The publication to
be not less than ten clear days nor more than twenty days before the date of the public
meeting on the issuance of the Bonds.
The notice of the proposed action to issue bonds shall be in substantially the [provided]
form:
Passed, adopted and approved this 1st day of April 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 122-19
16
FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT
TO EXCEED $1,690,000 GENERAL OBLIGATION BONDS OF THE CITY OF DUBU-
QUE, STATE OF IOWA (FOR ESSENTIAL CORPORATE URBAN RENEWAL PUR-
POSES), AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF
Whereas, by Resolution No. 104-19, adopted March 18, 2019, this Council found and
determined that certain areas located within the City are eligible and should be designated
as an urban renewal area under Iowa law, and approved and adopted the Amended and
Restated Urban Renewal Plan (the "Plan") for the Greater Downtown Urban Renewal
District Urban Renewal Plan Area (the "Area" or "Urban Renewal Area"), which Plan is
on file in the office of the Recorder of Dubuque County, Iowa; and
Whereas, it is deemed necessary and advisable tha t the City of Dubuque, State of
Iowa, should issue General Obligation Bonds, to the amount of not to exceed $1,690,000,
as authorized by Sections 384.25 and 403.12, of the Code of Iowa, for the purpose of
providing funds to pay costs of carrying out essential corporate urban renewal purpose
project(s) as hereinafter described; and
Whereas, before bonds may be issued, it is necessary to comply with the procedural
requirements of Chapters 384 and 403 of the Code of Iowa, and to publish a notice of the
proposal to issue such bonds and the right to petition for an election.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CITY OF DUBU-
QUE, STATE OF IOWA:
That this Council meet in the Historic Federal Building, 350 West 6 th Street, Dubuque,
Iowa, at 6:00 p.m., on the 6th day of May, 2019, for the purpose of taking action on the
matter of the issuance of not to exceed $1,690,000 General Obligation Bonds, for essen-
tial corporate urban renewal purposes, the proceeds of which bonds will be used to pro-
vide funds to pay the costs of aiding in the planning, undertaking and carrying out of urban
renewal projects under the authority of Chapter 403 and the Urban Renewal Plan for the
Greater Downtown Urban Renewal District, such as those costs associated with the Mult i-
cultural Family Center addition remodel.
To the extent any of the projects or activities described in this resolution may be rea-
sonably construed to be included in more than one classification under Division III of
Chapter 384 of the Code of Iowa, the Council hereby elects the "essential corporate pur-
pose" classification and procedure with respect to each such project or activity, pursuant
to Section 384.28 of the Code of Iowa.
That the Clerk is hereby directed to cause at least one publication to be made of a
notice of the meeting, in a legal newspaper, printed wholly in the English language, pub-
lished at least once weekly, and having general circulation in the City. The publication to
be not less than ten clear days nor more than twenty days before the date of the public
meeting on the issuance of the Bonds.
The notice of the proposed action to issue bonds shall be in substantially the ]provided]
form:
Passed, adopted and approved this 1st day of April 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
7. Iowa Department of Transportation (IDOT) Consolidated Funding Application : City
Manager recommended that the City Council schedule a public hearing for May 6, 2019,
17
on the submittal of the Consolidated Funding Application to the Iowa Department of
Transportation for the Jule's annual operating and maintenance allocations, the Lobbying
Cost Certificate, Certificate of Cost Allocation Plan and Authorizing Resolution. Upon mo-
tion the documents were received and filed, and Resolution No. 123-19 Setting the date
for a public hearing on Iowa DOT Consolidated Funding Application was adopted setting
a public hearing for a meeting to commence at 6:00 p.m. on May 6, 2019 in the Historic
Federal Building.
RESOLUTION NO. 123-19
SETTING THE DATE FOR A PUBLIC HEARING ON IOWA DOT CONSOLIDATED
FUNDING APPLICATION
Whereas, the City of Dubuque provides fixed-route and paratransit services for the
citizens of Dubuque; and
Whereas, the Iowa Department of Transportation (IDOT) is a pass-through funding
entity for federal capital and operating funds; and
Whereas, the City has historically applied through the IDOT for these funds; and
Whereas, the City Council finds that the applying for the funds to be beneficial to the
continued provision of transit service for the citizens of Dubuque; and
Whereas, The Iowa Department of Transportation application will include requests and
mandatory certifications by the City of Dubuque as follows:
From the State Transit Assistance Program: 2.11344440% of formula funds, Total:
$311,285
From federal funds for transit in non-urbanized areas and/or for transit serving pri-
marily elderly persons and persons with disabilities: $60,614
From statewide capital assistance (PTIG) for transit: $327,579
From statewide federal-pass through discretionary assistance (Intercity Bus Market-
ing Grant) for transit: $7,500
We understand acceptance of federal transit assistance involves an agreement to
comply with certain labor protection provisions.
We certify that the City of Dubuque/The Jule has sufficient non-federal funds or suf-
ficient in-kind match to provide required local match for capital projects and at time
of delivery will have the funds to operate and maintain vehicles and equipment
purchased under this contract.
We request that State Transit Assistance formula funding be advanced as allowed
by law, to improve system cash flow.
We authorize Renee Tyler, Director of Transportation Services, on behalf of the City
Council, to apply for financial assistance and to enter into related contract(s) with
the Iowa Department of Transportation.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
A public hearing will be held as part of the City Council Meeting on May 6 , 2019. The
meeting will begin at 6:00 p.m. and will be held in the City Council Chambers of the His-
toric Federal Building, 350 W 6th Street, Dubuque, Iowa. The purpose of the hearing is to
allow public comment on the Consolidated Funding Application.
Passed, adopted and approved this 1st day of April 2019.
Roy D. Buol, Mayor
18
Attest: Kevin S. Firnstahl, City Clerk
BOARDS/COMMISSIONS
Applications were reviewed for the following boards/commission. The applicant was
invited to address the City Council regarding their desire to serve on the following
Boards/Commissions. Appointments will be made at the next City Council meeting.
1. Cable Television Commission: One, 3-Year term through July 1, 2021 (Vacant term
of Dolson). Applicant: Richard Baumhover, 601 Garfield Ave. Mr. Baumhover spoke in
support of his appointment to this and the following commission and provided a brief bi-
ography.
2. Community Development Advisory Commission: One, 3-Year term through Febru-
ary 15, 2022 (Vacant LMI term of Caldwell). Applicant: Richard Baumhover, 601 Garfield
Ave. (Meets LMI requirements). Mr. Baumhover addressed his appointment during the
former item.
PUBLIC HEARINGS
1. Prairie Farms Dairy, Inc. - Development Agreement: Proof of publication on notice
of public hearing to consider approval of a proposed development Agreement between
the City of Dubuque, Iowa and Prairie Farms Dairy, Inc. including the issuance of Urban
Renewal Tax Increment Revenue Obligations, and providing for the publication of notice
thereof, and the City Manager recommended approval. Motion by Shaw to receive and
file the documents and adopt Resolution No. 124-19 Approving a Development Agree-
ment by and between the City of Dubuque, Iowa and Prairie Farms Dairy, Inc. providing
for the issuance of Urban Renewal Tax Increment Revenue Obligations for the Expansion
of 3510 Central Avenue. Seconded by Resnick. Responding to questions from the City
Council, City Manager Van Milligen stated that while the developer had already begun
the project due to a tight customer demand and with making some assumptions, the City
made the developer aware of the requirement for Council approval for financial assis-
tance. Motion carried 6-1 with Larson voting nay.
RESOLUTION NO. 124-19
APPROVING A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF
DUBUQUE, IOWA AND PRAIRIE FARMS DAIRY, INC. PROVIDING FOR THE ISSU-
ANCE OF URBAN RENEWAL TAX INCREMENT REVENUE OBLIGATIONS FOR THE
EXPANSION OF 3510 CENTRAL AVENUE
Whereas, the City Council, by Resolution No. 100-19, dated March 18, 2019, declared
its intent to enter into a Development Agreement with Prairie Farms Dairy, Inc. for the
expansion of 3510 Central Avenue in the City of Dubuque, Iowa (the Property); and
Whereas, pursuant to published notice, a public hearing was held on the proposed
disposition on April 1, 2019 at 6:00 p.m. in the City Council Chambers at the Historic
Federal building, 350 W. 6th Street, Dubuque, Iowa; and
19
Whereas, it is the determination of the City Council that approval of the Development
Agreement, for expansion of the Property by Prairie Farms Dairy, Inc. according to the
terms and conditions set out in the Development Agreement, 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 Development Agreement by and between the City of Dubuque and
Prairie Farms Dairy, Inc., a copy of which is attached hereto, providing for the issuance
of urban renewal tax increment revenue obligations, is hereby approved.
Section 2. That the Mayor is hereby authorized and directed to execute the Develop-
ment Agreement on behalf of the City of Dubuque and the City Clerk is authorized and
directed to attest to his signature.
Section 3. That the City Manager is authorized to take su ch actions as are necessary
to comply with the terms of the Development Agreement as herein approved.
Passed, approved and adopted this 1st day of April 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
2. Master Agreement for Shared Use Projects and Intent to Dispose of an Interest in
Real Property by Lease Agreement to the Iowa Communications and Technology Com-
mission (ICN): Proof of publication on notice of public hearing to consider approval of the
Master Agreement for Shared Use Projects and Lease Agreement for space within a City
telecommunications facility located at 1515 W. 3rd Street between the City and the State
of Iowa, Telecommunications and Technology Commission, operating as the Iowa Com-
munications Network (ICN), and the City Manager recommended approval. Motion by Del
Toro to receive and file the documents and adopt Resolution No. 125-19 Approving the
disposal of an interest in real property owned by the City of Dubuque by leases between
the City of Dubuque, Iowa and the Iowa Co mmunications and Technology commission
(ICN). Seconded by Jones. Responding to questions from the City Council, David Lyons,
Sustainable Innovations Consultant for Greater Dubuque Development Corporation; and
Chris Kohlmann, Information Services Manager fo r the City of Dubuque, addressed the
issues with the City becoming more competitive and desirable for internet providers by
collaborating on existing assets, and creating redundancy in technology to better provide
service and “up time” for residents during internet-related emergencies and unexpected
outages. Motion carried 7-0.
RESOLUTION NO. 125-19
APPROVING THE DISPOSAL OF AN INTEREST IN REAL PROPERTY OWNED BY
THE CITY OF DUBUQUE BY LEASES BETWEEN THE CITY OF DUBUQUE, IOWA
AND THE IOWA COMMUNICATIONS AND TECHNOLOGY COMMISSION (ICN)
Whereas, the City of Dubuque, Iowa (City) is the owner of the real property described
as follows:
That part of Lot 2 of Finley Home Addition No. 2 in the City of Dubuque, Dubuque
County, Iowa, shown on Exhibit A, on which is located a 20-ft. x 20 ft. wooden-frame
construction building (locally known as 1515 W. 3rd Street) (the Leased Premises);
and
20
Whereas, City and the ICN intend to enter into a Master Lease Agreement dated March
11, 2019 (the Agreement), which grants the ICN the right to lease certain City property
for the purposes and subject to the conditions set forth in the Agreement; and
Whereas, the ICN desires to lease certain spaces on and within the Leased Premises;
and
Whereas, City and ICN have tentatively agreed to the Lease, attached hereto; and
Whereas, on April 1, 2019, the City Council pursuant to notice published as required
by law held a public hearing on its intent to dispose of the foregoing interest in real prop-
erty and overruled all objections thereto; and
Whereas, the City Council believes it is in the best interest of the City of Dubuque to
approve the Lease.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Master Lease Agreement and the Leased Premises Agreem ent be-
tween the City and ICN is hereby approved and the City Manager is authorized to execute
said agreements on behalf of the City of Dubuque.
Passed, approved and adopted this 1st day of April 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
ACTION ITEMS
1. Awarding the 2019 Decorative Concrete Maintenance Project : City Manager recom-
mended award of the construction contract for the 2019 Decorative Concrete Mainte-
nance Project to the low bidder, Skyline Storage & Trucking, Inc. Motion by Jones to
receive and file the documents and adopt Resolution No. 126-19 Awarding public im-
provement contract for the 2019 Decorative Concrete Maintenance Project . Seconded by
Del Toro. Motion carried 7-0.
RESOLUTION NO. 126-19
AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE 2019 DECORATIVE
CONCRETE MAINTENANCE PROJECT
Whereas, sealed proposals have been submitted by contractors for the 2019 Decora-
tive Concrete Maintenance Project, (the Project) pursuant to Resolution No. 81 -19 and
Notice to Bidders published on the City of Dubuque, Iowa website and plan room service
with statewide circulation on the 8th day of March 2019; and
Whereas, said sealed proposals were opened and read on the 21 st day of March 2019
and it has been determined that Skyline Storage & Trucking, Inc. of Dubuque, IA with a
bid in the amount of $173,632.36 is the lowest responsive, responsible bidder for the
Project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That a Public Improvement Contract for the Project is hereby awarded to Skyline Stor-
age & Trucking, 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.
Passed, adopted and approved this 1st day of April 2019.
21
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
2. Award the Seippel Road Water Main Relocation Project: City Manager recom-
mended award of the construction contract for the Seippel Road Water Main Relocation
Project to the low bidder Horsfield Construction, Inc. Motion by Jones to receive and file
the documents and adopt Resolution No. 127-19 Awarding Public Improvement Contract
for the Seippel Road Water Main Relocation Project. Seconded by Del Toro. Motion car-
ried 7-0.
RESOLUTION NO. 127-19
AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE SEIPPEL ROAD WATER
MAIN RELOCATION PROJECT
Whereas, sealed proposals have been submitted by contractors for the Seippel Road
Water Main Relocation Project, (the Project) pursuant to Resolution No. 82-19 and Notice
to Bidders published on the City of Dubuque, Iowa website on the 8th day of March 2019;
and
Whereas, said sealed proposals were opened and read on the 21 st day of March 2019
and it has been determined that Horsfield Construction, Inc. of Epworth, Iowa, in the bid
amount of $105,351.50, is the lowest responsive, responsible bidder for the Project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That a Public Improvement Contract for the Project is hereby awarded to Horsfiel d
Construction, Inc. and the City Manager is hereby directed to execute a Public Improve-
ment Contract on behalf of the City of Dubuque for the Project.
Passed, adopted and approved this 1st day of April 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
3. Awarding the Water Distribution System Pressure Zone 2 Improvements: Roosevelt
Street 1.25 MG Elevated Water Tower Project: City Manager recommended award of the
Water Distribution System Pressure Zone 2 Improvements: Roosevelt Street 1.25 M G
Elevated Water Tower Project Contracts A and B, pending approval by the Department
of Natural Resources State Revolving Fund agency. Motion by Larson to receive and file
the documents and adopt Resolution No. 128-19 Awarding the public improvement con-
tracts for the Water Distribution System Pressure A one 2: Roosevelt Street 1.25 Million -
Gallon, elevated Water Tower Projects Contracts A and B. Seconded by Del Toro. Motion
carried 7-0.
RESOLUTION NO. 128-19
AWARDING PUBLIC IMPROVEMENT CONTRACTS, THE WATER DISTRIBUTION
SYSTEM PRESSURE ZONE 2: ROOSEVELT STREET 1.25 MILLION GALLON ELE-
VATED WATER TOWER PROJECT CONTRACTS A AND B
Whereas, sealed proposals have been submitted by contractors for the Water Distri-
bution System Pressure Zone 2 Improvements: Roosevelt Street 1.25 MG Elevated Wa-
22
ter Tower Project, identified as Contract A: Roosevelt Street Water Tower and Water Dis-
tribution Improvements; and Contract B: Eagle Point Water Treatment Plant and Water
Distribution Improvements, (the Project) pursuant to Resolution No. 60-19 and Notice to
Bidders published on the City of Dubuque, Iowa website and a contractor plan room ser-
vice with statewide circulation on the 22nd day of February, 2019; and
Whereas, said sealed proposals were opened and read on the 21 st day of March 2019
and it has been determined that CB&I, LLC of Plainfield, Illinois with a Contract A bid in
the amount of $2,928,600; and that Portzen Construction, Inc. of Dubuque, Iowa, with a
Contract B bid in the amount of $986,620 are the lowest responsive, responsible bidders
for the Project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That Public Improvement Contracts for the Project are hereby awarded, subject to ap-
proval by the Department of Natural Resources SRF agency to CB&I, LLC of Plainfield,
Illinois and separately to, Portzen Construction, Inc. of Dubuque, Iowa, and the City Man-
ager is hereby directed to execute Public Improvement Contracts on behalf of the City of
Dubuque for the Project, following such approval.
Passed, approved and adopted this 1st day of April 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
4. Assignment of the City of Dubuque, Dubuque Initiatives, and Flexsteel Industries,
Inc. Redevelopment Project Agreement: Senior Counsel recommended adoption of a res-
olution consenting to the Assignment of the Redevelopment Project Agreement from
Dubuque Initiatives to Jackson Street Redevelopment, LLC (Flexsteel Industries, Inc.)
subject to conditions. Motion by Jones to receive and file the documents and adopt Res-
olution No. 129-19 Consenting to the Assignment of the Redevelopment Project Agree-
ment by and among the City of Dubuque, Iowa, Dubuque Initiatives, and Flexsteel Indus-
tries, Inc., to Jackson Street Redevelopment. Seconded by Del Toro. Motion carried 7-0.
RESOLUTION NO. 129-19
CONSENTING TO THE ASSIGNMENT OF THE REDEVELOPMENT PROJECT
AGREEMENT BY AND AMONG THE CITY OF DUBUQUE, IOWA, DUBUQUE INITIA-
TIVES, AND FLEXSTEEL INDUSTRIES, INC., TO JACKSON STREET REDEVELOP-
MENT, LLC
Whereas, the City of Dubuque, Iowa (“City”), Dubuque Initiatives (“Initiatives”), and
Flexsteel Industries, Inc. (“Flexsteel”) entered into a Redevelopment Project Agreement
related to redevelopment of real estate, including land and buildings, owned by Flexsteel
(the “Real Property”), dated May 15, 2017 (the “Agreement”); and
Whereas, pursuant to the terms of the Agreement, Initiatives has or will take title to the
Real Property and undertake other obligations to the other parties to the Agreement (the
“Initiatives’ Obligations”); and
Whereas, Initiatives desires to assign the Agreement to Jackson Street Redevelop-
ment, LLC (“Redevelopment”), Initiatives’ wholly owned subsidiary, subject to the condi-
tion that Initiatives will remain responsible for the Initiatives’ Obligations in the event Re-
development does not perform such obligations; and
23
Whereas, Initiatives has requested the City of Dubuque consent to the Assignment of
the Redevelopment Project Agreement to Redevelopment; and
Whereas, the City Council finds that the City of Dubuque should consent to the Assign-
ment.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA AS FOLLOWS:
Section 1. The City of Dubuque hereby consents to the Assignment of the Redevelop-
ment Project Agreement to Jackson Street Redevelopment, LLC.
Section 2. The Mayor is authorized and directed to execute the Assignment of the
Redevelopment Project Agreement on behalf of the City of Dubuque.
Passed, approved and adopted this 1st of April 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
5. Request for Work Session - Central Avenue Corridor Streetscape Master Plan: City
Manager requesting that the City Council schedule a work session for 6:00 p.m. on May
13, 2019 in the City Council Chambers to review a draft of the Central Avenue Corridor
Streetscape Master Plan. Motion by Jones to receive and file the documents and sched-
ule the work session as recommended pending any schedule conflicts among the Coun-
cil. Seconded by Resnick. No conflicts were noted. Motion carried 7-0.
COUNCIL MEMBER REPORTS
Council Member Shaw reported on receiving citizen correspondence inquiring about
the bringing and end to the continued expansion of residential parking permit districts. Mr.
Shaw said that he reached out to the School District about their unused [parking] capacity
and their acknowledgement of the issue and hopes to hear from the DCSD.
There being no further business, upon motion the City Council adjourned at 6:35 p.m.
/s/Kevin S. Firnstahl, CMC, City Clerk