7 15 19 City Council Proceedings Official_Special and Regular1
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
OFFICIAL
The Dubuque City Council met in special session at 5:30 p.m. on July 15, 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, Shaw;
City Manager Van Milligen, City Attorney Brumwell
Mayor Buol read the call and stated this is a special session of the City Council called
for the purpose of conducting a work session on Chaplain Schmitt Island Veteran’s Plaza
Project.
Prior to the work session and regular meeting, the Dubuque Fire Department had the
new fire engine on display on 6th Street.
WORK SESSION
Chaplain Schmitt Island Veteran’s Plaza Project.
Chaplain Schmitt Island Task Force members Gary Dolphin and Kevin Lynch along
with Ryan Peterson of RDG Planning and Design and Mike Shimkus of WHKS & Co.
conducted the work session. Topics included:
1. Background
• Partners and Task Force Members
• State/City/County financial investments/charitable donations since 1985
2. DRA - City Relationship
• Funding process and recent projects funded (Mystique Ice Center, Firefight-
ers facility, Crescent Community Health Center, Dubuque Community
Schools, Steeple Square, Veterans Memorial Plaza, Port of Dubuque, 30
parks
3. Island Vision
• Planning Efforts, Imagine Dubuque; Chaplain Schmitt Island Master Plan,
placemaking and Implementation; community vision; tourism market, Vision
and Mission statements
• Prioritization timelines and objectives: Veterans Memorial Improvements, E.
16th St. Bridge & gateway, Traffic Study, E. 16th St./Sheehy Dr. intersection
redevelopment / roundabout, Amphitheatre
4. Roadmap & next steps
• Implementation timeline
• Prioritization
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• Call to action: prioritize and fund planning, design, become “shovel-ready”
• Invitation to Council to tour the Island with the Task Force
• Include priority projects with the Council’s goal setting this year.
The presenters responded to questions from the City Council following the presenta-
tion. With respect to the E. 16th St. Bridge, they stated that while the bridge is currently
safe, additional pedestrian safety improvements could be considered with IDOT involve-
ment.
There being no further business, the City Council adjourned at 5:59 p.m.
/s/Kevin S. Firnstahl, CMC, City Clerk
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CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in regular session at 6:00 p.m. on 6:00 p.m. 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, 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
PRESENTATION(S)
1. All-America City Presentation: Assistant City Manager Cori Burbach and members
of the All-America City delegation presented the City Council with the National Civic
League All-America City Award for 2019.
PROCLAMATION(S)
1. Dubuque County Fair Week (July 23-28, 2019) was accepted by Fair General Man-
ager Kevin Koch and Board Member Tony Steffen.
2. Abraham Lincoln Day (July 17, 2019) was accepted by historian John Pregler, 1525
Pego Ct.
CONSENT ITEMS
Motion by Resnick to receive and file the documents, adopt the resolutions, and dis-
pose of as indicated. Seconded by Del Toro. Council Member Shaw requested #14 be
held for separate discussion. Council Members Resnick requested #19 be held for sepa-
rate discussion. Motion carried 7-0.
1. Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of
4/23, 5/28; Building Code Board of Appeals of 6/18; City Council Proceedings of 7/1; Civil
Service Commission of 6/5, 7/2; Historic Preservation Commission of 6/20; Housing Com-
mission of 6/25; Library Board of Trustees of 5/23, and Council Update #184 of 6/27; Long
Range Planning Advisory Commission of 6/19; Mechanica l and Plumbing Board of 5/29;
Zoning Advisory Commission of 7/2; Zoning Board of Adjustment of 6/27; Proof of Publi-
cation for City Council Proceedings of 6/17. Upon motion the documents were received
and filed.
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2. Notice of Claims and Suits: Steve Lange for property damage; suit by Abigail Simon
vs. City of Dubuque / Mark Dalsing. 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: Steve Lange for property damage, Garry and Julie Redman for property
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. 252-19 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. 252-19
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 15th day of July 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
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5. New Art on the River Exhibit Opening: City Manager providing information for the
2019-2020 Art on the River exhibit opening event from 5:00 -7:30 p.m. on August 2, 2019,
on the Grand River Center Terrace. Upon motion the documents were received and filed.
6. Depository Resolution Change for MidWestOne Bank: City Manager recommended
approval of a resolution that changes American Trust & Savings Bank to MidWestOne
Bank as an authorized depository institution for the City of Dubuque. Upon motion the
documents were received and filed, and Resolution No. 253-19 Naming Depositories was
adopted.
RESOLUTION NO. 253-19
Whereas, Chapter 12C.2 of the 2201 Code of Iowa states that the approval of a finan-
cial institution as a depository shall be by written resolution or order which shall be entered
of record in the minutes of the approving board, and which shall distinctly name each
depository approved, and specify the maximum amount which may be kept on deposit in
each depository; and
Whereas, this procedure is required if a financial institution changes its name or home
office location, if the maximum amount is changed, or if a financial institution is added or
deleted.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the following financial institutions are approved to be depositories of
the City of Dubuque, Iowa funds in conformance with all applicable provisions of the 2001
Iowa Code Chapter 12C.2. The City Treasurer is hereby authorized to deposit City of
Dubuque, Iowa funds in amounts not to exceed the maximum approved for each respec-
tive financial institution as set out below.
Depository Name Location of Home Office Maximum Balance
MidWestOne Bank Iowa City, Iowa $60,000,000
Dubuque Bank & Trust Company Dubuque, Iowa $60,000,000
Collins Community Credit Union Cedar Rapids, Iowa $50,000,000
U.S. Bank Minneapolis, Minnesota $40,000,000
Fidelity Bank & Trust Dyersville, Iowa $40,000,000
DuTrac Community Credit Union Dubuque, Iowa $30,000,000
Vibrant Credit Union Moline, Iowa $30,000,000
Dupaco Community Credit Union Dubuque, Iowa $20,000,000
Premier Bank Dubuque, Iowa $20,000,000
East Dubuque Savings Bank Dubuque, Iowa $20,000,000
Hometown Bank Fond du Lac, Wisconsin $ 250,000
Passed, approved, and adopted this 15th day of July 2019
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
7. Purchase of Services Grant Agreement for Fiscal Year 2019 with ZTM Sober Living,
LLC: City Manager recommended execution of the attached Purchase of Services Grant
Agreement with ZTM Sober Living, LLC for Fiscal Year 2019 to provide funding for startup
6
costs. Upon motion the documents were received, filed and approved.
8. Iowa Economic Development Authority (IEDA) Second Amendment to Contract with
Rockfarm Holdings, Inc.: City Manager recommended approval of a resolution authorizing
a Second Contract Amendment to the Contract between and among the Iowa Economic
Development Authority (IEDA), Rockfarm Holdings, Inc. and the City of Dubuque for fi-
nancial benefits for Rockfarm Holdings, Inc. Upon motion the documents were received
and filed, and Resolution No. 254-19 Approving a Second Contract Amendment to the
Economic Development Financial Assistance Contract by and among Rockfarm Hold-
ings, Inc., the City of Dubuque, and the Iowa Econom ic Development Authority was
adopted.
RESOLUTION NO. 254-19
APPROVING A SECOND CONTRACT AMENDMENT TO THE ECONOMIC DEVELOP-
MENT FINANCIAL ASSISTANCE CONTRACT BY AND AMONG ROCKFARM HOLD-
INGS, INC., THE CITY OF DUBUQUE, AND THE IOWA ECONOMIC DEVELOPMENT
AUTHORITY
Whereas, Rockfarm Holdings, Inc. (Rockfarm) and the City of Dubuque (City) entered
into an Economic Development Financial Assistance Contract (the Contract) with the
Iowa Economic Development Authority (IEDA) for the location and expansion of Roc k-
farm’s operations in Dubuque, Iowa; and
Whereas, Rockfarm requested and received an extension of the Project Completion
Date from February 28, 2018 to February 28, 2019 in the First Contract Amendment; and
Whereas, Rockfarm has requested an extension of t he Project Completion Date from
February 28, 2019 to February 28, 2020; and
Whereas, the IEDA Board approved the requested extension; and
Whereas, the parties now desire to amend the Contract as set forth in the attached
Second Contract Amendment.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Second Contract Amendment is hereby approved.
Section 2. The Mayor is hereby authorized and directed to execute and the City Man-
ager is hereby directed to submit the Second Contract Amendment to the Iowa Economic
Development Authority together with such other documents as may be required.
Passed, approved, and adopted this 15th day of July 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
9. Clean Water Awareness and Education Campaign Grant for the Bee Branch Water-
shed Beekeepers Campaign: City Manager recommended approval of an application to
the Iowa Department of Natural Resources for a Clean Water Awareness and Education
Campaign Grant to launch the Bee Branch Watershed Beekeepers Program. Upon mo-
tion the documents were received and filed, and Resolution No. 255-19 Authorizing a
Clean Water Awareness and Education Campaign Grant application to
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the Iowa Department of Natural Resources for the Bee Branch Beekeepers Campaign
was adopted.
RESOLUTION NO. 255-19
AUTHORIZING A CLEAN WATER AWARENESS AND EDUCATION CAMP AIGN
GRANT APPLICATION TO THE IOWA DEPARTMENT OF NATURAL RESOURCES
FOR THE BEE BRANCH BEEKEEPERS CAMPAIGN
Whereas, the Iowa Department of Natural Resources administers the Clean Water
Awareness and Education Campaign Grant for the Bee Branch Beekeepers Cam paign;
and
Whereas, the City of Dubuque has adopted the 2017 Comprehensive Plan that in-
cludes goals for increasing eco-education programming, particularly for children; and
Whereas, the City of Dubuque City Council Goals 2024 includes Partnership for a Bet-
ter Dubuque and Bee Branch “Beekeepers” Initiative as a Management in Progress; and
Whereas, the City Council finds that an application to the Iowa Department of Natural
Resources for Clean Water Awareness and Education Campaign funds for the Bee
Branch Beekeepers Campaign is in the best interest of the City.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Manager is hereby authorized to sign and submit an application to
the Iowa Department of Natural Resources for Clean Water Awareness and Education
Campaign funds for the Bee Branch Beekeepers Campaign.
Section 2. That in the event said application is approved, the City Council hereby pro-
vides its written assurance that the campaign will be completed within the eighteen (18)
month period of the grant and in accordance with state requirements.
Passed, approved, and adopted this 15th day of July 2019
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
10. Iowa Department of Transportation (IDOT) Local Primary Highway Maintenance
Supplemental Agreements: City Manager recommended approval of several Iowa De-
partment of Transportation Supplemental Agreements for Local Primary Highway Mainte-
nance, Pavement Markings, Julien Dubuque Bridge Sidewalk Maintenance, Street
Sweeping Maintenance and Traffic Signal Maintenance between the Iowa Department of
Transportation and the City of Dubuque. Upon motion the documents were received, filed
and approved.
11. Bee Branch Gate and Pump Station Replacement Project - IIW, P.C. Engineering
Services Agreement: City Manager recommended that the City enter into an agreement
with IIW, P.C. for design and engineering services for the Bee Branch Flood Control
Pumping Station Gate and Pump Replacement Project. Upon motion the documents were
received, filed and approved.
12. English Ridge Subdivision Acceptance of Storm Water Detention Facility Improve-
ments: City Manager recommended acceptance of the public storm water detention facil-
8
ity improvements that the developer, English Ridge LLC, has recently completed in Eng-
lish Ridge Subdivision. Upon motion the documents were received and filed, and Reso-
lution No. 256-19 Accepting Public Storm Water Detention Facility Improvements in Eng-
lish Ridge Subdivision in the City of Dubuque, Iowa was adopted.
RESOLUTION NO. 256-19
ACCEPTING PUBLIC STORM WATER DETENTION FACILITY IMPROVEMENTS IN
ENGLISH RIDGE SUBDIVISION, IN THE CITY OF DUBUQUE, IOWA
Whereas, pursuant to Resolution 31-09, certain public storm water detention facility
improvements were installed by the developer of English Ridge Subdivision in the City of
Dubuque, Iowa; and
Whereas, the improvements have been completed and the City Manager has exam-
ined the work and has filed a certificate stating that the same has been completed in
accordance with the plans approved by the City Council and in conformance with City
specifications, and has recommended that the improvements be accepted by the City
Council.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The recommendation of the City Manager be approved and that said public
storm water detention facility improvements in English Ridge Subdivision be and the
same is hereby accepted.
Passed, approved, and adopted this 15th day of July 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
13. Vacant and Abandoned Buildings and Problem Property Assessments : City Man-
ager recommended approval of a resolution authorizing the City Clerk to certify problem
property charges to the Dubuque County Treasurer that establishes real property liens
for collection of such charges. Upon motion the documents were received and filed, and
Resolution No. 257-19 Authorizing the City to collect Delinquent Problem Property
Charges in accordance with 14-1J1 International Property Maintenance Code Section
106.5 and/or Section 109.5 Code of Ordinances of the City of Dubuque, Iowa was
adopted.
RESOLUTION NO. 257-19
AUTHORIZING THE CITY TO COLLECT DELINQUENT PROBLEM PROPERTY
CHARGES IN ACCORDANCE WITH 14-1J1 INTERNATIONAL PROPERTY MAINTE-
NANCE CODE SECTION 106.5 AND/OR SECTION 109.5 CODE OF ORDINANCES OF
THE CITY OF DUBUQUE, IOWA
Whereas, residential properties in the City of Dubuque are considered hazardous or
unsanitary premises if problem properties are allowed to deteriorate according to 14-1J1;
and
Whereas, whenever in the judgment of the Housing Officer, a nuisance that is “palpably
and indisputably such” exists which requires immediate action to protect the public health,
safety or welfare of the public, the Housing Officer may order the emergency abatement
of such; and
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Whereas, delinquent problem property charges shall be certified by the City Clerk to
the Dubuque County Treasurer for collection with, and in the same ma nner as general
property taxes.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the persons listed on the attached Problem Property Assessment
Schedule are delinquent in the payment of problem property charges.
Section 2. That the City Clerk be and is hereby ordered and directed to certify to the
County Treasurer of Dubuque County, Iowa, that the persons named on the attached
Problem Property Assessment Schedule are delinquent in the payment of problem prop-
erty charges in the amount set aside of the respective names, and that said amounts shall
be collected in the same manner as general property taxes against the respective parcels
of property set opposite the names of the owners.
Passed, approved, and adopted this 15th day of July 2019.
Roy D Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
SCHEDULE OF ASSESSMENTS
Vacant and Abandoned and Problem Property Assessments, Location; Legal Descrip-
tion; Property Owner; Parcel #; Amount
1460 Central; N 1/4 of City Lot 443; Wilson Realty LLC; 71 Ford Dr.; East Dubuque IL
61025;1024408004; $772.89
14. Representative Chuck Isenhart Correspondence: City Manager recommended that
the correspondence from Representative Chuck Isenhart proposing an agreement with
the City of Dubuque for Dubuque County to own, develop and maintain Roosevelt Park
be considered at the City Council Goal Setting August 12 -14, 2019. Motion by Shaw to
receive and file the documents. Seconded by Resnick. Council Member Shaw expressed
his support for the recommendation noting that he had visited the park and felt its dimin-
ished condition warranted discussion. Motion carried 7 -0.
15. Proceedings to Complete Action on $4,400,000 Water Revenue Capital Loan
Notes Series 2019 (State Revolving Fund Loan): City Manager recommended approval
of the suggested proceedings to complete action required on the $4,400,000 Water Rev-
enue Capital Loan Notes Series 2019, and approving the Loan and Disbursement Agree-
ment for the Roosevelt Water Tower and Eagle Point Park Treatment Plant and Water
Distribution Improvements. Upon motion the documents were received and filed, and
Resolution No. 258-19 Series Resolution Authorizing and providing for the issuance and
securing the payment of $4,400,000 Water Revenue Capital Loan Notes, Series 2019 by
the City of Dubuque, Iowa under the provisions of Chapter 384 of the Code of Iowa,
providing for a method of payment thereof, approving Loan and Disbursement Agree-
ment, and other related matters was adopted.
RESOLUTION NO. 258-19
SERIES RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE AND
SECURING THE PAYMENT OF $4,400,000 WATER REVENUE CAPITAL LOAN
10
NOTES, SERIES 2019 BY THE CITY OF DUBUQUE, IOWA UNDER THE PROVISIONS
OF CHAPTER 384 OF THE CODE OF IOWA, PROVIDING FOR A METHOD OF PAY-
MENT THEREOF, APPROVING LOAN AND DISBURSEMENT AGREEMENT, AND
OTHER RELATED MATTERS
Whereas, the City Council of the City of Dubuque, Iowa (the "City") has heretofore
established charges, rates and rentals for services which are and will continue to be col-
lected as system revenues of the Municipal Water Utility System, and said revenues are
available for the payment of water revenue bonds or notes, subject to the following prem-
ises; and
Whereas, by Resolution No. 379-08 passed and approved on October 20, 2008 (the
"Master Resolution"), the City Council heretofore has authorized the issuance of
$1,195,000 Water Revenue Capital Loan Notes, Series 2008D, for the purpose of financ-
ing the construction of the Series 2008D Project described therein, and to pay related
costs of issuance; and
Whereas, Issuer proposes to issue its Water Revenue Capital Loan Notes, Series
2019, to the extent of $4,400,000, for the purpose of defraying the costs of the Series
2019 Projects as set forth in Section 1 of this Resolution; and, it is deemed necessary
and advisable and in the best interests of the City that a form of Loan and Disbursement
Agreement by and between the City and the Iowa Finance Authority, be approved and
authorized; and
Whereas, notice of the intention of the City C ouncil to take action for the issuance of
not to exceed $4,400,000 Water Revenue Capital Loan Notes has heretofore been duly
published and no objections to such proposed action have been filed, and the City there-
fore deems it desirable to enter into a Loan and Disbursement Agreement and issue the
Notes; and
Whereas, Section 8.3 of the Master Resolution authorizes the issuance of additional
Senior Bonds, including Senior SRF Bonds, by the City from time to time, if all of the
conditions set forth therein are satisfied; and
Whereas, the Council has determined to issue additional Senior SRF Bonds, and has
determined that, upon passage of this Series Resolution and receipt of the reports de-
scribed in Section 8.3 of the Master Resolution, all of the requirements of Article VIII of
the Master Resolution with respect to the issuance of additional Senior SRF Bonds will
have been satisfied.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IN THE COUNTY OF DUBUQUE, STATE OF IOWA:
ARTICLE I
DEFINITIONS
Section 1.1. Definitions. Except as otherwise provided below in this Article I, all words
and terms defined in Article I of the Master Resolution shall have the same meanings in
this Series Resolution as such defined words and terms are given in Article I of the Master
Resolution. In addition, the following terms shall have the following meanings in this Se-
ries Resolution unless the text expressly or by necessary implication requires otherwise:
"Agreement" shall mean Loan and Disbursement Agreement dated as of the Closing
between the City and the Original Purchaser relating to the Loan made to the City under
the Program.
"City" or "Issuer" shall mean the City of Dubuque, Iowa.
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"Closing" shall mean the date of execution of the Agreement and delivery of the Series
2019 Notes to the Original Purchaser and the funding of the Loan.
"Loan" shall mean the total principal amount allocated by the Original Purchaser to the
City under the Program, equal in amount to the aggregate principal amount of the Series
2019 Notes.
"Master Resolution" means the City Council Resolution No. 379 -08, passed and ap-
proved on October 20, 2008, entitled "Master Resolution relating to the issuance of Water
Revenue Bonds by the City of Dubuque, Iowa under the provisions of Chapter 384 of the
Code of Iowa, authorizing and providing for the issuance and securing the payment of
$1,195,000 Water Revenue Bonds, Series 2008D, providing for a method of payment
thereof, funding a Debt Service Reserve Fund, and related matters," as the same may be
amended from time to time.
"Original Purchaser" means the Iowa Finance Authority, as the purchaser of the Series
2019 Notes from the City at the time of their original issuance.
"Program" shall mean the Iowa Drinking Water Works Financing Program administered
by the Original Purchaser.
"Series 2019 Notes" means the $4,400,000 Water Revenue Capital Loan Notes, Se-
ries 2019, dated the date of delivery, authorized to be issued pursuant to this Series Res-
olution.
"Series 2019 Costs of Issuance Account" means the account by that name within the
Project Fund established in Section 5.1 of the Master Resolution.
"Series 2019 Projects" shall mean the Projects being financed with the proceeds of the
Series 2019 Notes, consisting of costs of acquisition, construction, reconstruction, ex-
tending, remodeling, improving, repairing and equipping all or part of the Municipal Water
System, including those costs associated with the Roosevelt Street water tower and water
distribution improvements project and the Eagle Point water treatment plant and water
distribution improvements project; and refunding the Water Revenue Capital Loan Notes
Anticipation Project Note, Series 2017, dated September 22, 2017 , as described gener-
ally in the Agreement and more particularly in the plans and specifications on file from
time to time with the City Clerk.
"Series 2019 Projects Account" means the account by that name within the Project
Fund established in Section 5.1 of the Master Resolution.
"Series 2019 Rebate Account" means the account by that name within the Rebate
Fund established in Section 6.10 of the Master Resolution.
"Series Resolution" means this Resolution of the Council.
"Tax Exemption Certificate" means the Tax Exemption Certificate executed by the
Treasurer and delivered at the time of issuance and delivery of the Series 2019 Notes.
"Yield Restricted" shall mean required to be invested at a yield that is not materially
higher than the yield on the Notes under Section 148(a) of the Internal Revenue Code or
regulations issued thereunder.
ARTICLE II
THE SERIES 2019 NOTES
Section 2.1. Series 2019 Notes - Authorization and Purpose. Pursuant to the provisions
of the Master Resolution and in particular Section 8.3 thereof, there are her eby authorized
to be issued, negotiable, serial, fully registered Water Revenue Capital Loan Notes, Se-
ries 2019, in the aggregate principal amount of $4,400,000, dated the date of delivery, for
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the purpose of constructing the Series 2019 Projects and paying Project Costs relating
thereto, and to pay related Costs of Issuance. The Series 2019 Notes shall be issued as
Senior SRF Bonds under the terms of the Master Resolution, shall be designated "CITY
OF DUBUQUE, IOWA, WATER REVENUE CAPITAL LOAN NOTES, SERIES 2019", and
bear interest from the date hereof, until payment thereof, at the office of the Paying Agent,
said interest payable on December 1, 2019 and semiannually thereafter on the 1 st day of
June and December in each year until maturity at the rate hereinafter provided. The Coun-
cil, pursuant to Sections 384.24A and 384.83 of the Code of Iowa, hereby finds and de-
termines that it is necessary and advisable to issue said Series 2019 Notes authorized by
the Agreement and this Series Resolution.
The Series 2019 Notes and the Registrar’s Certificate of Authentication shall be in
substantially the form set forth in Exhibit A attached hereto, with such variations, omis-
sions, substitutions and insertions as are required or permitted by this Series Resolution.
The Series 2019 Notes shall be executed by the manual or facsimile signature of the
Mayor and attested by the manual or facsimile signature of the City Clerk of the Council,
and shall be fully registered as to both principal and interest as provided in this Series
Resolution; principal, interest and premium, if any shall be payable at the office of the
Paying Agent by mailing of a check, wire transfer or automated clearing house system
transfer to the registered owner of the Bond.
The Series 2019 Notes shall be dated the date of delivery, and bear interest at the rate
of 1.75% per annum from the date of each advancement made under the Agreement,
until payment thereof, at the office of the Paying Agent, said interest payable on Decem-
ber 1, 2019, and semi-annually thereafter on the 1st day of June and December in each
year until maturity as set forth on the debt service schedules attached to the Agreement
as Exhibit A and incorporated herein by this reference. As set forth on said debt service
schedules, principal shall be payable on June 1, 2021 and annually thereafter on the 1st
day of June in the amounts set forth therein until principal and interest are fully paid,
except that the final installment of the entire balance of principal and interest, if not sooner
paid, shall become due and payable on June 1, 2040. Notwithstanding the foregoing or
any other provision hereof, principal and interest shall be payable as shown on said debt
service schedules until completion of the Series 2019 Project, at which time the final debt
service schedules shall be determined based upon actual advancements, final costs and
completion of the Series 2019 Project, all as provided in the administrative rules govern-
ing the Program. Payment of principal and interest on the Series 2019 Notes shall at all
times conform to said debt service sand the rules of the Program.
In addition to the payment of principal of and interest on the Series 2019 Notes, the
City also agrees to pay the Initiation Fee and the Servicing Fee as defined and in accord-
ance with the terms of the Agreement.
Section 2.2. Issuance of Series 2019 Notes in Certificated Form. The Series 2019
Notes shall be issued as bonds in Authorized Denominations and may, at the request of
the Original Purchaser, be issued in the denomination of $1,000 or multiples thereof as a
single Note in the denomination of $4,400,000 and numbered R-1.
Section 2.3. Appointment of Registrar. The Treasurer is hereby appointed as Registrar
for the Series 2019 Notes under the terms of this Series Resolution.
Section 2.4. Execution, Authentication and Delivery of the Series 2019 Notes. Upon
the adoption of this Resolution, the Mayor and City Clerk shall execute and deliver the
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Series 2019 Notes to the Registrar, who shall authenticate the same and deliver the same
to or upon order of the Original Purchaser. No such Series 2019 Note shall be valid or
obligatory for any purpose or shall be entitled to any right or benefit hereunder unless the
Registrar shall duly endorse and execute on such Series 2019 Note a Certificate of Au-
thentication substantially in the form of the Certificate herein set forth. Such Certificate
upon any such Series 2019 Note executed on behalf of the Issuer shall be conc lusive
evidence that the Series 2019 Note so authenticated has been duly issued under this
Series Resolution and that the holder thereof is entitled to the benefits of this Series Res-
olution.
ARTICLE III
REDEMPTION OF BONDS
Section 3.1. Optional Redemption. The Series 2019 Notes are subject to optional re-
demption at a price of par plus accrued interest (i) on any date upon receipt of written
consent of the Original Purchaser or (ii) in the event that all or substantially all of the
Series 2019 Projects are damaged or destroyed. Any optional redemption of the Series
2019 Notes may be made from any funds regardless of source, in whole or from time to
time in part, in inverse order of maturity, by giving not less than thirty (30) days notice of
redemption by certified or registered mail to the Original Purchaser (or any other regis-
tered owner of the Series 2019 Notes). The terms of redemption shall be par, plus accrued
interest to date of call. The Series 2019 Notes are also subject to mandatory redemption
as set forth in Section 5 of the Agreement.
ARTICLE IV
DELIVERY AND APPLICATION OF PROCEEDS
Section 4.1. Application of Series 2019 Note Proceeds. The Series 2019 Notes shall
be delivered as provided in Sections 6.1 and 6.2 and the proceeds thereof shall be app lied
as follows:
(i) An amount sufficient to pay the Costs of Issuance of the Series 2019 Notes shall
be deposited into the Series 2019 Costs of Issuance Account.
(ii) The balance of proceeds shall be deposited into the Series 2019 Projects Ac-
count of the Project Fund and applied thereafter to pay Project Costs of the Series
2019 Projects.
Section 4.2. No Adjustment to Debt Service Reserve Requirement. The Series 2019
Notes shall be issued as Senior SRF Bonds under the Master Resolution, and shall not
be secured by or payable from amounts held in the Debt Service Reserve Fund estab-
lished in the Master Resolution. Upon issuance of the Series 2019 Notes, the amount to
be accumulated and maintained in the Debt Service Reserve Fund shall not be increased,
but shall continue to remain equal to 100% of the Debt Service Reserve Requirement
computed on a basis which includes all Senior Bonds which will be Outstanding immedi-
ately after issuance of the Series 2019 Notes and which are not Senior SRF Bonds.
ARTICLE V
TAX PROVISIONS
Section 5.1. Disposition of Bond Proceeds; Arbitrage Not Permitted. The City reason-
ably expects and covenants that no use will be made of the proceeds from the issuance
and sale of the Series 2019 Notes issued hereunder which will cause any of the Series
2019 Notes to be classified as arbitrage bonds within the meaning of Section 148(a) and
(b) of the Code, and that throughout the term of said Series 2019 Notes it will comply with
14
the requirements of said statute and regulations issued thereunder.
To the best knowledge and belief of the City, there are no facts or circumstances that
would materially change the foregoing statements or the conclusion that it is not expected
that the proceeds of the Series 2019 Notes will be used in a manner that wo uld cause
such bonds to be arbitrage bonds. Without limiting the generality of the foregoing, the City
hereby agrees to comply with the provisions of the Tax Exemption Certificate and the
provisions of the Tax Exemption Certificate are hereby incorporated by reference as part
of this Series Resolution. The Treasurer is hereby directed to make and insert all calcu-
lations and determinations necessary to complete the Tax Exemption Certificate in all
respects and to execute and deliver the Tax Exemption Certifi cate at issuance of the
Series 2019 Notes to certify as to the reasonable expectations and covenants of the City
at that date.
The City covenants that it will treat as Yield Restricted any proceeds of the Series 2019
Notes remaining unexpended after three years from the issuance and any other funds
required by the Tax Exemption Certificate to be so treated. If any investments are held
with respect to the Series 2019 Notes, the City shall treat the same for the purpose of
restricted yield as held in proportion to the original principal amounts of each issue.
The City covenants that it will exceed any investment yield restriction provided in this
Series Resolution only in the event that it shall first obtain an opinion of bond counsel that
the proposed investment action will not cause the Series 2019 Notes to be classified as
arbitrage bonds under Section 148(a) and (b) of the Code.
The City covenants that it will proceed with due diligence to spend the proceeds of the
Series 2019 Notes for the purpose set forth in this Series Resolution. The City further
covenants that it will make no change in the use of the proceeds available for the con-
struction of facilities or change in the use of any portion of the facilities constructed there-
from by persons other than the City or the general public unless it has obtained an opinion
of bond counsel or a revenue ruling that the proposed project or use will not be of such
character as to cause interest on any of the Series 2019 Notes not to be exempt from
federal income taxes in the hands of holders under the provisions of the Code.
Section 5.2. Additional Covenants, Representations, and Warranties of the City. The
City certifies and covenants with the purchasers and holders of the Series 2019 Notes
from time to time outstanding that the City through its officers, (a) will make such further
specific covenants, representations and assurances as may be necessary or advisable;
(b) comply with all representations, covenants and assurances contained in the Tax Ex-
emption Certificate, which Tax Exemption Certificate shall constitute a part of the contract
between the City and the owners of the Series 2019 Notes; (c) consult with bond counsel
(as defined in the Tax Exemption Certificate); (d) pay to the United States, as necessary,
such sums of money representing required rebates of excess arbitrage profits relating to
the Series 2019 Notes; (e) file such forms, statements and supporting documents as may
be required and in a timely manner; and (f) if deemed necessary or advisable by its offic-
ers, to employ and pay fiscal agents, financial advisors, attorneys and other persons to
assist the City in such compliance.
ARTICLE VI
MISCELLANEOUS PROVISIONS
Section 6.1. Delivery of Series 2019 Notes. The City shall deliver the executed Agree-
ment and the Series 2019 Notes to the Original Purchaser at the price of par on the date
15
of Closing. Delivery of the executed Agreement and the Series 2019 Notes shall be made
to the Original Purchaser as soon as practicable after the effective date of this Se ries
Resolution.
Section 6.2. Approval of Agreement. The Agreement in substantially the form pre-
sented at this meeting of the Council are hereby authorized and approved, and the Mayor
and City Clerk are authorized to execute and deliver the Agreement, with such changes
therein as such officials deem appropriate, for and on behalf of the City, such officers'
signatures thereon being conclusive evidence of such officials' and the City's approval
thereof.
Section 6.3. General Authorization. From and after the date of adoption of this Series
Resolution, the officers, employees and agents of the City are hereby authorized to do all
such acts and things and to execute and deliver any and all other documents, agree-
ments, certificates and instruments relating to the Series 2019 Notes, the investment of
the proceeds thereof and the other transactions contemplated on the part of the City by
this Series Resolution, including, but not limited to, the Tax Exemption Certificate referred
to in Section 5.1 hereof.
Section 6.4. Construction. Except to the extent set forth herein, all of the applicable
terms, conditions and provisions of the Master Resolution shall be deemed and construed
to apply to the Series 2019 Notes and are hereby incorporated by reference and made a
part hereof to the same extent as if fully set forth herein. Except as may otherwise be
provided herein, the Master Resolution shall remain in full force and effect.
Section 6.5. Severability. If any section, paragraph, or provision of this Series Resolu-
tion shall be held to be invalid or unenforceable for any reason, the invalidity or unen-
forceability of such section, paragraph or provision shall not affect any of the remaining
provisions.
Section 6.6. Repeal of Conflicting Ordinances or Resolutions and Effective Date. All
other ordinances, resolutions and orders, or parts thereof, in conflict with the provisions
of this Series Resolution are, to the extent of such conflict, hereby repealed; and this
Series Resolution shall be in effect from and after its adoption.
Passed and approved this 15th day of July 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
16. Civil Service Commission - Certified List: Civil Service Commission submitting the
Certified List for the position of Civil Engineer I. Upon motion the documents were re-
ceived, filed and made a Matter of Record.
July 2, 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 Civil Engineer I was administered via “take home” exam. We hereby certify that the
individual listed below has 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 above
date.
Civil Engineer I
16
1. Nathan Steffen
Respectfully submitted,
/s/Dan White, Chairman
Civil Service Commission
17. Liberty Recovery Community - Community Development Block Grant (CDBG)
Agreement for 2216 White Street: City Manager recommended approval of the Fiscal
Year 2019 Community Development Block Grant contract for Liberty Recovery Commu-
nity for the acquisition of the building at 2216 White Street for rehabilitation of the property
to be used as a facility serving low- and moderate-income residents undergoing sub-
stance use treatment. Upon motion the documents were received, filed and approved.
18. CSB Consulting Company - Community Development Block Grant Agreement
(CDBG) for 1838 Central Avenue: City Manager recommended approval of a FY 2019
Community Development Block Grant contract with CSB Consulting Company that pro-
vides for the renovation of three vacant apartments into three, 2-bedroom affordable rent-
als for low- to moderate-income families for a period of ten years accepting Housing
Choice Voucher participants. Upon motion the documents were received, filed and ap-
proved.
19. Amended and Restated Restrictive Covenant for 1849 Jackson Street : City Man-
ager recommended approval of a resolution amending and restating the single-family res-
idence covenant for 1849 Jackson Street, reducing the time on the covenant from 21
years to 5 years. Motion by Resnick to received and file the documents and adopt Reso-
lution No. 259-19 Approving an Amended and Restated Single-Family Residence Cove-
nant for the property at 1849 Jackson Street, Dubuque, Iowa. Seconded by Jones. Coun-
cil Member Resnick questioned whether this action was changing or establishing a pro-
cedure. City Manager Van Milligen stated that this is an exception as the property’s loft
style is very unique and that the change would make the property more saleable. He
added that the City’s and CHI’s rehabilitation program has been greatly successful. Mo-
tion carried 7-0.
RESOLUTION NO. 259-19
APPROVING AN AMENDED AND RESTATED SINGLE-FAMILY RESIDENCE COVE-
NANT FOR THE PROPERTY AT 1849 JACKSON STREET, DUBUQUE, IOWA
Whereas, City of Dubuque was previously the owner of 1849 Jackson Street, Dubu-
que, Iowa (hereinafter “Property”); and
Whereas, City of Dubuque during its ownership of the Property placed a restrict ive
covenant on the Property requiring it be a Single-Family Residence for a period of 21-
years; and
Whereas, City of Dubuque later sold the Property to Community Housing Initiatives
(CHI); and
Whereas, CHI has requested the City of Dubuque modify the Single-Family Residence
Covenant for the Property from 21-years to 5-years; and
Whereas, the Parties agree this is a proper modification for the Property due to fact
the property is a one-bedroom home which makes it unique and not always suitable for
17
long term occupancy by a family due to the lack of bedrooms; and
Whereas, the Parties now desire to amend, restate, and replace the Prior Covenant
with the Amended and restated Single-Family Residence Covenant attached hereto; and
Whereas, the City Council finds that it is in the best interest of the City of Dubuque to
approve the Amended and Restated Single-Family Residence Covenant.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Amended and Restated Single -Family Residence Covenant is hereby
approved.
Section 2. The Mayor is hereby authorized and directed to execute the Amended and
Restated Single-Family Residence Covenant on behalf of the City of Dubuque.
Section 3. The City is Clerk is hereby authorized and directed to record this Resolution
and the Amended and Restated Single-Family Residence Covenant with the Dubuque
County Recorder.
Passed, approved, and adopted this 15th day of July 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
20. Storm Drain Mural Pilot Project: City Manager recommended approval of a City of
Dubuque Storm Drain Mural Pilot Project in the Bee Branch Watershed to help educate
the public of the direct connection between storm drains and local water quality. Upon
motion the documents were received and filed, and Resolution No. 260-19 Authorizing a
City of Dubuque Storm Drain Mural Pilot Project in the Bee Branch Watershed was
adopted.
RESOLUTION NO. 260-19
AUTHORIZING A CITY OF DUBUQUE STORM DRAIN MURAL PILOT PROJECT IN
THE BEE BRANCH WATERSHED
Whereas, the City of Dubuque has adopted the 2017 Comprehensive Plan that in-
cludes goals for increasing eco-education programming and expanded, sustainable
stormwater management practices; and
Whereas, the City of Dubuque City Council Goals 2024 includes Sustainable Environ-
ment: Preserving and Enhancing Natural Resources; and
Whereas, Keep Iowa Beautiful and Diamond Vogel Paint administer the Paint Iowa
Beautiful Program which has awarded 8 gallons of paint to the City of Dubuque for th e
Storm Drain Mural Pilot Project; and
Whereas, the City Council finds that a Storm Drain Mural Pilot Project in the Bee
Branch Watershed is in the best interest of the City.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Council accepts the award of 8 gallons of paint to the City of
Dubuque for the Storm Drain Mural Pilot Project.
Section 2. That the City Council hereby provides its written assurance that the Project
will be completed before December 31, 2019, in accordance with Paint Iowa Beautiful
requirements.
Passed, approved, and adopted this 15th day of July 2019.
18
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
21. Signed Contract(s): Alliant Energy / Interstate Power & Light Company Electric
Services Contracts for the Water & Resource Recover Center (W&RRC). Upon motion
the documents were received and filed.
22. Improvement Contracts / Performance, Payment and Maintenance Bonds : Mathy
Construction Company d/b/a River City Paving for the US52 - Central Avenue (9th-12th
Streets) HMA Pavement Milling and Resurfacing Project; McDermott Excavating for the
15 South Main Street Site Utility Disconnect Project; SELCO, Inc. for the 2019 Pavement
Marking Project. Upon motion the documents were received, filed and approved.
23. Alcohol License Applications: City Manager recommended approval of annual
beer, liquor and wine licenses as submitted. Upon motion the documents were received
and filed, and Resolution No. 261-19 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 Liquor, Beer and Wine Licenses and
Permits was adopted.
RESOLUTION NO. 261-19
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:
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
1st & Main 101 Main St. Class C Liquor (Outdoor) (Sun-
day)
Applebee's Neighbor-
hood Grill and Bar
1395 Associates Dr. Class C Liquor (Sunday)
Catfish Charlie's 1630 East 16th St. Class E Liquor, Class B Native
Wine (Sunday)
Fas Mart # 5159 2175 Central Ave. Class E Liquor, Class B Wine,
Class C Beer (Sunday)
19
House of China Co. 170 John F Kennedy Rd. Class C Liquor (Sunday)
Hy-Vee Club Room 2395 NW Arterial Special Class C Liquor (Sunday)
Keywest Conoco 2150 Twin Valley Dr. Class E Liquor, Class B Wine,
Class C Beer (Sunday)
Knicker's Saloon 2186 Central Ave. Class C Liquor (Living Qtr.) (Out-
door) (Sunday)
Kwik Star #495 2685 Dodge St. Class C Beer, Class B Native
Wine (Sunday)
Kwik Stop C-Store 2335 University Ave. Class E Liquor, Class B Native
Wine, Class C Beer (Sunday)
The Lift 180 Main St. Class C Liquor (Sunday)
Vinny Vanucchi's Little
Italy
164 Main St. Class C Liquor (Outdoor) (Sun-
day)
Walnut Tap Tavern 709 University Ave. Class C Liquor (Sunday)
Special Event(s) per Special Event Application Submittal
Dubuque Irish Hooley
8-20
City-Owned Alliant Am-
phitheater
Class C Liquor (Outdoor)
Transfer, Permanent
Next Phase Bar 1902 Central Ave. to
1700 Central Ave.
Class C Liquor (Sunday)
Passed, approved, and adopted this 15th day of July 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
ITEMS SET FOR PUBLIC HEARING
Motion by Shaw 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 Larson. Motion carried 7-0.
1. Dupaco Voices, LLC Mutual Easement Agreement: City Manager recommended
that the City Council schedule a public hearing for August 5, 2019 on the dispositions of
the City’s interest in property related to Dupaco Voices, LLC by Grants of Easements as
provided in a Mutual Easement Agreement. Upon motion the documents were received
and filed and Resolution No. 262-19 Intent to approve a Mutual Easement Agreement
which provides for the disposal of an interest in City of Dubuque -owned real estate by
grant of easement to Dupaco Voices, LLC was adopted setting a public hearing for a
meeting to commence at 6:00 p.m. on August 5, 2019 in the Historic Federal Building.
RESOLUTION NO. 262-19
INTENT TO APPROVE A MUTUAL EASEMENT AGREEMENT WHICH PROVIDES
FOR THE DISPOSAL OF AN INTEREST IN CITY OF DUBUQUE OWNED REAL ES-
TATE BY GRANT OF EASEMENT TO DUPACO VOICES, LLC
20
Whereas, Dupaco Voices, LLC (Dupaco) is the owner of a tract of land known com-
monly as the Voices Building located at 1000 Jackson Street and legally described as:
Lot 1 of Wilmac Place in the City of Dubuque, Iowa (hereinafter referred to as the "Dupaco
Parcel"); and
Whereas, a building encroachment on Jackson Street and dock encroachment on
Washington Street located on the Dupaco Parcel encroach upon the City right -of-way
area in three locations, identified in Detail 1, 2, and 7 on Exhibit A attached hereto and by
this reference made a part hereof (the “Dupaco Encroachments”); and
Whereas, City desires to grant to Dupaco an easement for the Dupaco Encroach-
ments; and
Whereas, City has placed benches and bike posts, planters, trash cans and similar
items within the Dupaco Easement Area shown on Exhibit A (the “City Encroachments”);
and
Whereas, Dupaco desires to grant to City an easement for the City Encroachments;
and
Whereas, Dupaco and City have tentatively agreed to the terms of the Grants of Ease-
ments attached hereto and as provided in the Mutual Easement Agreement attached
hereto, subject to City Council approval.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council intends to approve the Mutual Easement Agreement and
to dispose of its interest in the above-described City property by the Grants of Easements
as provided in the Mutual Easement Agreement.
Section 2. 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 dispose of its interest in the property to be held on the 5th day of August 2019, at
6:00 o'clock p.m. in the City Council Chambers at the Historic Federal Building, 350 W.
6th St., Dubuque, Iowa.
Passed, approved, and adopted this 15th day of July, 2019.
Roy D. Buol, Mayor
Attest: Kevin Firnstahl, City Clerk
2. Eagle Point Park Environmental Restoration Project Phase 1 - Turf Conversion and
Soil Quality Restoration: City Manager recommended initiation of the bidding procedure
for Phase 1 Turf Conversion and Soil Quality Restoration to begin construction work im-
plementing the Eagle Point Park Environmental Restoration Management Plan, and fur-
ther recommend that a public hearing be set for August 5, 2019. Upon motion the docu-
ments were received and filed, and Resolution No. 263-19 Preliminary approval of plans,
specifications, form of contract, and estimated cost; setting date of public hearing on
plans, specifications, form of contract, and estimated cost; and ordering the advertise-
ment for bids was adopted setting a public hearing for a meeting to commence at 6:00
p.m. on August 5, 2019 in the Historic Federal Building.
RESOLUTION NO. 263-19
EAGLE POINT PARK ENVIRONMENTAL RESTORATION PROJECT: PHASE 1)
TURF CONVERSION AND SOIL QUALITY RESTORATION (SQR)
21
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
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 Eagle Point Park Environmental Restoration Project: Phase 1) Turf Conversion and
Soil Quality Restoration (SQR) in the estimated amount $300,247.50, are hereby prelim-
inarily approved and ordered filed in the office of the City Clerk for public inspection.
Section 2. A public hearing will be held on the 5th day of August, 2019, at 6:00 p.m. in
the Historic Federal Building Council Chambers (second floor) 350 W. 6 th 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 t he 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, a ny interested person
may appear and file objections to the proposed plans, specifications, form of contract, or
estimated cost of the Project.
Section 3. Eagle Point Park Environmental Restoration Project: Phase 1) Turf Conver-
sion and Soil Quality Restoration (SQR) is hereby ordered to be advertised for bids for
construction. The amount of the security to accompany each bid shall be in an amount
which shall conform to the provisions of the Notice to Bidders hereby approved.
Section 4. 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.orq/bids. Publication
will occur not less than thirteen but not more than forty-five days before the date for filing
bids before 2:00 p.m. on the 8th day of August 2019. Sealed Bids must be filed before
2:00 p.m. on August 8, 2019, in the Office of the City Clerk, City Hall - First Floor, 50 West
13th Street, Dubuque, Iowa. Sealed proposals will be opened and Bids tabulated at 2:00
p.m. on August 8, 2019 at City Hall - Conference Room B, 50 West 13th Street, Dubuque,
Iowa. 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 19 th day of August 2019, in the
Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque,
Iowa.
Passed, approved, and adopted this 15th day of July 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
BOARDS/COMMISSIONS
Applicants were invited to address the City Council regarding their desire to serve on
the following Boards/Commissions. Applicant appointments will be made at the next
City Council meeting.
22
1. Housing Commission: One, 3-Year term through August 17, 2022 (Vacant term of
Babinat). Applicant: David Wall, 1710 ½ White St. [Mr. Wall submitted a letter of support
to the City Council.]
Appointments were made to the following Boards/Commissions
2. Arts and Cultural Affairs Advisory Commission : One, 3-Year term through June 30,
2022 (Vacant term of Armstrong). Applicant: Nicholas Halder, 876 S. Grand Ave. Motion
by Jones to appoint Mr. Halder to the 3-year term through June 30, 2022. Seconded by
Resnick. Motion carried 7-0.
Motion by Resnick to appoint the following applicants to the respective terms. Se-
conded by Shaw. Motion carried 7-0.
3. Electrical Code Board: One, 3-Year term through May 21, 2021 (Vacant term of
Nebel Jr.). Applicant: Eric Trausch, 1290 Kelly Ln. Upon motion Mr. Trausch was ap-
pointed to a 3-year term through May 21, 2021.
4. Housing Trust Fund Advisory Committee: One, 3-Year term through August 17, 2021
(Vacant term of Hingtgen). Applicant: Michelle Becwar, 2115 Coates St. Upon motion Ms.
Becwar was appointed to a 3-year term through August 17, 2021.
5. Resilient Community Advisory Commission: One, 3-Year terms through June 30,
2022 (Expiring term of Kohlhaas). Applicant: Jacob Kohlhaas, 1125 Richards Rd. Upon
motion, Mr. Kohlhaas was appointed to a 3-year term through June 30, 2022.
6. Zoning Board of Adjustment: One, 5-Year term through March 25, 2024 (Vacant
term of Pope). Applicant: Gwen Kosel, 455 South Grandview Ave. Upon motion, Ms.
Kosel was appointed to a 5-year term through March 25, 2024.
PUBLIC HEARINGS
1. Historic Millwork District Planned Unit Development (PUD) Amendment for 10th
Street and Central Avenue: Proof of publication on notice of public hearing to consider
approval of a request from John Gronen to amend the Historic Millwork District Planned
Unit Development (PUD) at 902 & 990 White Street to allow for the removal of the Quon-
set hut located at 902 White Street and to install a surface parking lot at 902 & 990 White
Street, and the Zoning Advisory Commission recommended approval. Motion by Jones
to receive and file the documents and that the requirement that a proposed ordinance be
considered and voted on for passage at two Council meetings prior to the meeting at
which it is to be passed be suspended. Seconded by Del Toro. Mr. Gronen was present
in the Chambers. Planning Services Manager Laura Carstens provide d a staff report and
responded to questions from the City Council regarding the review process for potential
impacts, historic issues and links to federal funding. Motion carried 7 -0.
Motion by Jones for final consideration and passage of Ordinance No. 30-19 Amending
23
Title 16, the Unified Development Code of the City of Dubuque Code of Ordinances by
rescinding Ordinance 13-18 Which Provides Regulations for a PUD Planned Unit Devel-
opment District with a Planned Commercial Designation for the Historic Millwork Dis trict
PUD and now being amended to allow the removal of the Quonset Hut at 902 White Street
and the installation of a new surface parking lot at 902 and 990 White Street . Seconded
by Del Toro. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 30-19
AMENDING TITLE 16, THE UNIFIED DEVELOPMENT CODE OF THE CITY OF DUBU-
QUE CODE OF ORDINANCES BY RESCINDING ORDINANCE 13-18 WHICH PRO-
VIDES REGULATIONS FOR A PUD PLANNED UNIT DEVELOPMENT DISTRICT
WITH A PLANNED COMMERCIAL DESIGNATION FOR THE HISTORIC MILLWORK
DISTRICT PUD AND NOW BEING AMENDED TO ALLOW THE REMOVAL OF THE
QUONSET HUT AT 902 WHITE STREET AND THE INSTALLATION OF A NEW SUR-
FACE PARKING LOT AT 902 AND 990 WHITE STREET
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Title 16, the Unified Development Code of the City of Dubuque Code
of Ordinances is hereby amended by rescinding Ordinance 19-16 which provides regula-
tions for a Planned Unit Development District with a Planned Commercial District desig-
nation for the Historic Millwork District, and now being amended to allow the removal of
the Quonset Hut at 902 White Street and the installation of a new surface parking lot at
902 and 990 White Street.
A. Use Regulations: The following regulations shall apply to all uses made of land
in the above-described PC Planned Commercial District:
Principal permitted uses: The following uses are permitted in the Historic Millwork
District PUD:
1. Places of religious exercise or assembly.
2. Public, private or parochial school approved by State of Iowa (K-12).
3. Public or private park, golf course, or similar natural recreation area.
4. Railroad and public or quasi-public utility, including substation.
5. Residential use.
6. Housing for the elderly and persons with disab ilities (not identified with (5)
above).
7. Noncommercial art gallery.
8. Museum or library.
9. School of private instruction.
10. Private club.
11. General office.
12. Medical office or clinic.
13. Dental or medical lab.
14. Barber or beauty shop.
15. Hotel.
16. Shoe repair.
17. Laundry or drycleaner.
24
18. Bakery (wholesale or commercial).
19. Retail sales or service.
20. Indoor restaurant.
21. Bar or tavern.
22. Supermarket.
23. Tailoring or alterations.
24. Furniture or home furnishing.
25. Appliance sales or service.
26. Animal hospital or clinic.
27. Laundromat.
28. Furniture upholstery or repair.
29. Artist studio.
30. Photographic studio.
31. Neighborhood shopping center.
32. Business services.
33. Department store.
34. Auditorium or assembly hall.
35. Indoor theater.
36. Bank, savings and loan, or credit union.
37. Indoor amusement center.
38. Vending or game machine sales and service.
39. Indoor recreation facility.
40. Mail order house.
41. Printing or publishing.
42. Parking structure.
43. Vocational school.
44. Business or secretarial school.
45. Passenger transfer facility.
46. Warehousing and storage facility.
47. Artisan production shop.
B. Accessory Uses: The following accessory uses are permitted in the Historic Mill-
work District PUD:
1. Any use customarily incidental and subordinate to the principal use it serves.
2. Boiler system in use as part of an industrial business or use.
3. Outdoor seating as part of an indoor restaurant, bar, or tavern.
C. Conditional Uses: The following conditional uses are permitted in the Historic
Millwork District PUD, subject to the provisions of Article 8 of the Unified Development
Code that establishes requirements for application to the Zoning Board of Adjustment
for a conditional use permit, and any other specific conditions listed below for a condi-
tional use.
1. Drive-in or carry-out restaurant.
2. Drive-up automated bank teller.
3. Vehicle rental.
4. Construction supplies sales and service.
5. Contractor shop or yard.
6. Wholesale sale/distributor.
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7. Agricultural supply sales.
8. Lumberyard or building materials.
9. Laboratory for research, development, or engineering, provided that such use
complies with all local, state, and federal regulations governing hazardous sub-
stances, hazardous conditions, hazardous wastes, and hazardous materials.
10. Freight transfer facility.
11. Moving or storage facility.
12. Millworking.
13. Manufacture, assembly, repair, or storage of electrical or electronic products,
components or equipment.
14. Manufacture or assembly of musical instruments; toys; watches or clocks;
medical, dental, optical, or similar scientific instruments; orthopedic or medical ap-
pliances; signs or billboards.
15. Manufacturing, compounding, assembly or treatment of articles or products
from the following substances: clothing or textiles; rubber, precious or semiprecious
stones or metals; wood; plastics; paper; leather; fiber; glass; hair; wax; metal; con-
crete; feathers; fur; cork; and celluloid or cellulose products.
16. District energy system.
17. Private energy generation facility.
18. Exterior storage.
19. Licensed child care centers, provided that:
a. Such facility shall supply loading and unloading spaces so as not to obstruct
public streets or create traffic or safety hazards.
b. All licenses have been issued or have been applied for and are awaiting the
outcome of the state’s decision.
c. Such use shall not be located within the same structure as any gas station,
bar/tavern, automated gas station or any facility selling, servicing, repairing, or
renting vehicles.
d. The conditional use applicant certifies that the premises on which the li-
censed child care center will be located complies with, and will for so long as the
licensed child care center is so located, continue to comply with all local, state,
and federal regulations governing hazardous substances, hazardous conditions,
hazardous wastes, and hazardous materials.
e. If the applicant is subject to the requirements of Section 302 of the Super-
fund Amendments and Reauthorization Act of 1986, as amended, the Emergency
Management Director shall certify whether the applicant has submitted a current
inventory of extremely hazardous substances kept or stored on the premises. If
any such extremely hazardous substances are kept or stored on the prem ises,
the applicant shall also post in a conspicuous place on the premises a notice
indicating a description of the extremely hazardous substances, and the physical
and health hazards presented by such substances.
f. Applicant shall submit an evacuation plan for approval by the City, both writ-
ten and drawn, that details where the children will go in the event of a hazardous
materials incident. The plan shall include a “house in place” scenario in which the
children can be kept safely within a room of the bu ilding that has no penetration
to the outside (windows, doors, etc.)
26
g. Applicant shall submit plans for approval by the City that indicate the instal-
lation of a main emergency shut-off switch for the heating, ventilation, and air
conditioning (HVAC) system to minimize the infiltration risk of airborne hazardous
materials.
20. Microbrewery, winery, and distillery, provided that:
a. Any products or wastes containing odor producing substances emanating
from a building or property associated with a microbrewery, winery, or distillery,
in such concentrations to create a public nuisance, as established by the city
manager, shall be prohibited.
b. The operation of a microbrewery, winery or distillery facility shall not cause
any loud and excessive noise that result in annoyance or discomfort to a reason-
able person.
B. Lot and Bulk Regulations: The following bulk regulations shall apply in the Historic
Millwork District PUD, subject to the provisions of the Unified Development Code.
1. Setbacks:
a) Front yard = 0 feet
b) Side yard = 0 feet
c) Rear yard = 0 feet
2. Building Height = no maximum.
3. New Construction Transition. New construction on the blocks between 12 th
Street and 11th Street should transition in scale from the Washington Neighborhood
to the District PUD.
C. Sign Regulations
1. The number, size, and location of signs in the Historic Millwork District PUD
shall be regulated in accordance with Exhibit C and all other applicable regulations
of Article 15 of the Unified Development Code.
2. A comprehensive sign plan is required as part of the sign permit submittal for
all multi-tenant buildings.
3. Free-standing signs in the District PUD shall be monument-style signs.
4. The design of signage shall comply with the Downtown Design Guidelines for
signs. W aiver requests from these guidelines shall be reviewed by the Historic
Preservation Commission in accordance with the provisions of Article 10 of the Uni-
fied Development Code.
5. Variance requests from sign requirements established in Article 15 of the Uni-
fied Development Code shall be reviewed by the Zoning Board of Adjustment in
accordance with provisions of Article 8 of the Unified Development Code.
6. Off-premise signs are prohibited in the Historic Millwork District PUD.
D. Performance Standards: Creation of a viable, equitable, and livable mixed -use
neighborhood in the Historic Millwork District PUD that includes residential, retail, of-
fice, commercial, and industrial uses requires both strategy and flexibility for its sus-
tainability. The development and maintenance of uses in the Historic Millwork District
PUD conceptually should follow the goals, objectives, and recommendations of the
Historic Millwork District Master Plan, incorporated herein by reference and on file in
the Planning Services Department. The development and maintenance of uses in the
Historic Millwork District PUD shall be regulated as follows:
1. Conceptual Development Plan
27
a. Referenced herein as Section 5. Development Summary of the Historic Mill-
work District Master Plan, and shown on Exhibit B, on file in the Planning Services
Department, and made a part of this zoning reclassification by reference as the
Conceptual Development Plan for the Historic Millwork District PUD.
b. It is recognized that minor shifts or modifications to the general plan layout
may be necessary and compatible with the need to acquire workable street pat-
terns, grades, and usable building sites.
c. The Land Use / Development Patterns depicted in the Historic Millwork Dis-
trict Master Plan for ground floor uses reflect a predominance of residential uses;
however, for District sustainability, these ground floor uses shall be characterized
by a flexible designation for the Historic Millwork District PUD Conceptual Devel-
opment Plan as shown in Exhibit B.
d. That the Historic Millwork District PUD Conceptual Development Plan as
shown in Exhibit B is hereby amended to allow for the removal of a Quonset Hut
at 902 White Street and for installation of a surface parking lot at 902 and 990
White Street.
2. Parking Regulations: Off-street parking is not required as part of the Historic
Millwork District PUD. Off-street parking spaces may be provided in a building as an
accessory use, subject to review and approval under Building, Fire, and other appli-
cable City Codes. If a property owner chooses to provide surface off-street parking
within the District PUD, the City Council must first approve the request and the fol-
lowing regulations shall apply:
a. Parking lot design shall comply with the Downtown Design Guidelines for sur-
face parking lots.
b. All vehicle-related features shall be surfaced with standard or permeable as-
phalt, concrete, or pavers.
c. Curbing and proper surface drainage of storm water shall be provided.
d. All parking and loading spaces shall be delineated on the surfacing material by
painted stripes or other permanent means.
e. The size and design of parking spaces shall be governed by applicable provi-
sions of the Unified Development Code enforced at the time of development of the
lot.
f. The number, size, design, and location of parking spaces designated for per-
sons with disabilities shall be according to the local, state, or federal requirements
in effect at the time of development.
3. Parking Structures: Parking structures (ramps) are allowed in the Historic Mill-
work District PUD subject to City Council review and the following standards:
a. Parking structures shall comply with the Downtown Design Guidelines for
parking facilities.
b. The size and design of parking spaces shall be governed by applicable pro-
visions of the Unified Development Code enforced at the time of development.
c. The number, size, design, and location of parking spaces designated for
persons with disabilities shall be according to the local, state, or federal require-
ments in effect at the time of development.
4. Site Lighting
a. Exterior illumination of site features shall be limited to the illumination of the
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following:
a) Parking areas, driveways and loading facilities.
b) Pedestrian walkway surfaces and entrances to building.
c) Building exterior.
b. Location and Design
a) All exterior lighting luminaries shall be designed and installed to shield
light from the luminaries at angles above 72-degrees from vertical.
b) Fixtures mounted on a building shall not be positioned higher than the
roofline of the building.
c) All electrical service lines to posts and fixtures shall be underground and
concealed inside the posts.
d) The design of exterior lighting luminaries shall comply with the Downtown
Design Guidelines for signs. Waiver requests from these guidelines shall be
reviewed by the Historic Preservation Commission in accordance with the pro-
visions of Article 10 of the Unified Development Code.
5. Open Space: It is the intent of these regulations that the development of open
spaces (if provided) shall reflect a high quality of environmental design. The follow-
ing provisions shall apply.
a. Open space plans are required as part of submittals for site plan review.
Such plans are to include type, number, and size of proposed plantings, paving
and other open space amenities. Open space areas shall be designed in compli-
ance with Downtown Design Guidelines and the Historic Millwork District Master
Plan.
b. Within one (1) year following completion of construction, or by the date that
a building is issued an occupancy certificate by the Building Services Department
of the City of Dubuque, whichever occurs first, required open space amenities
shall be installed.
6. Stormwater Management: The developer shall be responsible for providing
stormwater management in a means that is satisfactory to the City Engineer and
consistent with the Historic Millwork District Master Plan. Sustainable, low impact
development techniques for stormwater management approved by the City Engi-
neer will be used where feasible. Other applicable regulations also enforced by the
City Engineer relative to stormwater management and drainage shall apply to the
subject property.
7. Exterior Trash Collection Areas
a. The storage of trash and debris shall be limited to that produced by the
principal permitted use and accessory uses of the lot.
b. All exterior trash collection areas and the materials contained therein shall
be visually screened from view. The screening shall be completely opaque fence,
wall or other feature not exceeding a height of 10 feet measured from the ground
level outside the line of the screen. Screens built on sloping grades shall be
stepped so that their top line shall be horizontal. All exterior entrances to a
screened trash area shall be provided with a gate or door of similar design to that
of the screen.
c. Exterior trash collection areas shall comply with the Downtown Design
Guidelines for service areas.
29
8. Exterior Storage
a. Exterior storage is allowed in the Historic Millwork PUD District. Exterior
storage areas shall comply with the Downtown Design Guidelines for service ar-
eas.
b. The use of semi-trailers and/or shipping containers for storage is prohibited.
9. Final site development plans shall be submitted in accordance with provisions
of Article 12 and Article 13 of the Unified Development Code prior to construction or
expansion of any buildings, free-standing signs, or parking facilities. The Downtown
Design Guidelines shall apply to site development in the District PUD, and shall take
precedence over the Design Standards for Big Box Retail Uses (over 100,000
square feet) and the Design Standards for Retail Commercial Uses (over 60,000
square feet) and Regional Shopping Centers in Article 13 of the Unified Develop-
ment Code.
10. Retail uses should be clustered around each other and adjacent to public
spaces, such as at the intersection of 10th and Washington Streets, in the Farley &
Loetscher and Kirby Buildings along 7th Street, and in a highly visible commercial
corridor at the east edge of the District along Elm Street.
11. Land uses should transition from industrial on the south to residential on the
north, with new commercial or mixed-use buildings along the new block to be cre-
ated by realigning Elm Street in accordance with the Historic Millwork District Master
Plan.
E. Ordinance History
1. 20-10: Established Historic Millwork Planned Unit Development.
2. 38-13: Amendment for new city parking lots on Elm Street between 11 th and
12th Streets.
3. 10-15: Add Jeld-Wen/Stewart property to District.
4. 75-15: Amendment for new parking lot for Tru Fitness.
5. 19-16: Amendment to include microbrewery, winery, and distillery as a condi-
tional use.
6. 13-18: Amendment for new City parking lot at 1146 Elm Street.
F. Other Codes and Regulations
1. Service Lines. All electric, telephone, cable, or other similar utility lines serving
the building and other site features shall be located underground, where feasible.
2. These regulations do not relieve the owner from other applicable city, county,
state or federal codes, regulations, laws, and other controls relative to the planning,
construction, operation, and management of property within the city of Dubuque.
G. Transfer of Ownership: Transfer of ownership or lease of property in the Historic
Millwork District PUD shall include in the transfer or lease agreement a provision that
the purchaser or lessee acknowledges awareness of the conditions authorizing the
establishment of the District PUD.
H. Recording: A copy of this PUD Ordinance shall be recorded, at the expense o f
the City of Dubuque, with the Dubuque County Recorder as a permanent record of the
conditions accepted as part of this reclassification approval. This ordinance shall be
binding upon the undersigned and his/her heirs, successors, and assigns.
Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Ad-
visory Commission of the City of Dubuque, Iowa.
30
Section 3. The foregoing amendment shall take effect upon publication, as provided
by law.
Passed, approved, and adopted this 15th day of July 2019.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
2. Request to Rezone Property at 4304 Peru Road: Proof of publication on notice of
public hearing to consider approval of a request by Thad M. Strub to rezone property at
4304 Peru Road from R-1 Single-Family Residential Zoning District to AG Agricultural
Zoning District, and the Zoning Advisory Commission recommended approval with the
condition that no livestock be allowed on the property. Motion by Larson to receive and
file the documents and that the requirement that a proposed ordinance be considered
and voted on for passage at two Council meetings prior to the meeting at which it is to be
passed be suspended. Seconded by Jones. Mr. Strub was present in the Chambers.
Planning Services Manager Laura Carstens provided a staff report and clarified the live-
stock definition and how the prohibition would adhere to future property owners unless an
amendment is sought at the time. Motion carried 7-0.
Motion by Larson for final consideration and passage of Ordinance No. 31-19 Amend-
ing Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by
reclassifying hereinafter described property located at 4304 Peru Road from R -1 Single-
Family Residential District to AG Agricultural District. Seconded by Del Toro. Motion car-
ried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 31-19
AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI-
FIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED
PROPERTY LOCATED AT 4304 PERU ROAD FROM R-1 SINGLE-FAMILY RESIDEN-
TIAL DISTRICT TO AG AGRICULTURAL DISTRICT
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Develop-
ment Code, is hereby amended by reclassifying the hereinafter–described property from
R-1 Single-Family Residential District to AG Agricultural District, to wit:
Lot 1 Youtzy Sub. Plat 2, and to the centerline of the adjoining public right-of-way,
all in the City of Dubuque, Iowa.
Section 2. That the foregoing amendment has heretofore been reviewed by the Zoning
Advisory Commission of the City of Dubuque, Iowa.
Section 3. This Ordinance shall take effect immediately upon publication as provided
by law.
Passed, approved, and adopted this 15th day of July 2019.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
3. Vacate Public Utility Easements for Plaza Court / 1590 Curtis Street : Proof of publi-
cation on notice of public hearing to consider disposal of a public utility easement across
31
a portion of Lot 3 of Plaza Court, common address 1590 Curtis Street, and the City Man-
ager recommended approval. Motion by Jones to receive and file the documents and
adopt Resolution No. 264-19 Disposing of property by vacating City interest in Utility
Easements located on Lot 3 of Plaza Court in the City of Dubuque, Iowa . Seconded by
Resnick. Motion carried 7-0.
RESOLUTION NO. 264-19
DISPOSING OF PROPERTY BY VACATING CITY INTEREST IN UTILITY EASE-
MENTS LOCATED ON LOT 3 OF PLAZA COURT, IN THE CITY OF DUBUQUE, IOWA
Whereas, the City Council, by Resolution No. 248 -19, dated the 1st day of July 2019,
declared its intent to dispose of City interest in utility easements on real property, legally
described as:
Lot 3 of Plaza Court in the City of Dubuque, Iowa, according to the recorded plat
thereof (the Property); and
Whereas, public utility easements were platted over portions of Lot 3 in Plaza Court
according to Final Plat of Plaza Court Subdivision recorded on Plat Book 25 Page 252 in
the office of the Dubuque County Recorder; and
Whereas, pursuant to published notice, a public hearing was held on the proposed
disposition on the 15th day of July 2019 at 6:00 p.m. in the Historic Federal Building, 350
W. 6th Street, Dubuque, Iowa; and
Whereas, it is the determination of the City Council that City interest in the utility ease-
ments at the Property as shown on the attached Exhibit A should be vacated and doing
so 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. The City hereby vacates all interest in utility easements located at the Prop-
erty as shown on the attached Exhibit A.
Section 2. The City Clerk is hereby authorized to and directed to record this resolution
with the Dubuque County Recorder.
Passed, approved, and adopted this 15th day of July 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
4. Chaplain Schmitt Veteran's Memorial Site Improvements Project: Proof of publica-
tion on notice of public hearing to consider approval of plans, specifications, form of con-
tract, and estimated cost for the Chaplain Schmitt Veteran's Memorial Site Improvements
Project, and the City Manager recommended approval. Motion by Jones to receive and
file the documents and adopt Resolution No. 265-19 Approval of plans, specifications,
form of contract, and estimated cost for the Chaplain Schmitt Veteran's Memorial Project.
Seconded by Del Toro. Motion carried 7-0.
RESOLUTION NO. 265-19
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTI-
MATED COST FOR THE CHAPLAIN SCHMITT VETERAN’S MEMORIAL PROJECT
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
32
The proposed plans, specifications, form of contract and estimated cost for the Chap-
lain Schmitt Veteran’s Memorial Project, in the estimated amount of $2,511,000.00 are
hereby approved.
Passed, adopted, and approved this the 15th day of July 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
5. Chavenelle Road Hike/Bike Trail Phase I: Proof of publication on notice of public
hearing to consider approval of plans, specifications, form of contract, and estimated cost
of the Chavenelle Road Hike-Bike Trail Phase 1 Project, and the City Manager recom-
mended approval. Motion by Del Toro to receive and file the documents and adopt Res-
olution No. 266-19 Approval of plans, specifications, form of contract, and estimated cost
for the Chavenelle Road Hike/Bike Trail Phase I. Seconded by Jones. Rob McDonald,
President/CEO of AY McDonald Manufacturing, 4800 Chavenelle Rd.; and AY McDonald
employee Charles Piekenbrock stated that they had concerns with how the 2020 recon-
struction of Chavenelle Rd. (NW Arterial to Seippel Rd.) could narrow the road to three
lanes to allow for the trail. Mr. McDonald stated that businesses Metrix, IWI, Hartig Drug,
Theisen’s, and IWI Motor Parts all expressed the same concerns. Responding to ques-
tions from the City Council, City Engineering stated that this phase of the trail project is
for the section of Chavenelle Rd. west from Seippel Rd. to Radford Rd. The future trail
should not impact the reconstruction of the east end of Chavenelle Rd. from the NW Ar-
terial to Seippel Rd. The department will review concerns for that project prior to Council
approval. Motion carried 7-0.
RESOLUTION NO. 266-19
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTI-
MATED COST FOR THE CHAVENELLE ROAD HIKE-BIKE TRAIL – PHASE 1 PRO-
JECT IOWA DOT PROJECT NO. EDP-2100(695)—7Y-31
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
The proposed plans, specifications, form of contract and estimated cost for the Cha-
venelle Road Hike-Bike Trail – Phase 1 Project Iowa Dot Project No. EDP-2100(695)—
7Y-31, in the estimated amount $699,529.00, are hereby approved.
Passed, adopted. and approved this this 15th day of July 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
ACTION ITEMS
1. Government Finance Officers Association (GFOA) Certificate of Achievement for
Excellence in Reporting for Fiscal Year 2018: City Manager is transmitting the notification
of the City of Dubuque receiving the Government Finance Officers Association (GFO A)
Certificate of Achievement for Excellence in Financial Reporting for the 31st consecutive
year for the Fiscal Year 2018 Budget. Motion by Jones to receive and file the documents.
Seconded by Resnick. Motion carried 7-0.
33
2. Impact of Budget and Property Tax Legislation from Iowa Senate File 634: Director
of Finance and Budget Jennifer Larson gave a presentation on the impact that Senate
File 634 will have on the City of Dubuque's budget. Topics included a change in the
budget certification and citizen protest deadlines; a required resolution of maximum prop-
erty tax dollars and associated requirements; review of notice of public hearing require-
ments; impact to budget calendar; and impact to assessor. Ms. Larson responded to
questions from the City Council regarding the two-thirds vote for passage of the budget
and options should the budget exceed or not meet the maximum cap. Motion carried 7 -
0.
3. Iowa Economic Development Administration (IEDA) application for Crown Holdings,
Inc.: City Manager recommended that the City Council adopt a resolution approving the
Iowa Economic Development Authority Business Financial Assistance Application on be-
half of Crown Holdings, Inc. and Subsidiaries to establish operations in the City of Dubu-
que through a lease of an existing building owned by the Hodge Companies in Dubuque
Industrial Center West. Motion by Resnick to receive and file the documents and adopt
Resolution No. 267-19 Authorizing the filing of an application for State Business Financial
Assistance on behalf of Crown Holdings, Inc. and subsidiaries. Seconded by Jones. At
the request of the City Council, Rick Dickinson, President/CEO of Greater Dubuque De-
velopment Corporation, 900 Jackson St., stated that this is a great project that provides
great jobs while using existing buildings and demonstrated cooperation between busi-
ness. Mr. Dickinson thanked the Hodge Company. Motion carried 6-0 with Shaw abstain-
ing for conflict of interest stating that he is an employee for John Deere which is was a
party to the action.
RESOLUTION NO. 267-19
AUTHORIZING THE FILING OF AN APPLICATION FOR STATE BUSINESS FINAN-
CIAL ASSISTANCE ON BEHALF OF CROWN HOLDINGS, INC., AND SUBSIDIARIES
Whereas, Crown Holdings, Inc. and Subsidiaries has proposed making a Four Million
Eight Hundred Eighty Thousand Dollar ($4,880,000.00) investment in the relocation of its
operations to a leased space of 111,000 square feet in an existing building at 7500 Cha-
venelle Road in the Dubuque Industrial Center West in the City of Dubuque, Iowa (the
Project); and
Whereas, the City Council of the City of Dubuque, Iowa has considered the proposal
and has determined that the Project will contribute to the local economy through the cre-
ation of Forty-Two (42) full-time jobs in the City; and
Whereas, financial assistance from the Iowa Economic Development Authority is de-
signed to assist in the economic development efforts of local jurisdictions; and
Whereas, the Iowa Economic Development Authority has requested execution of an
Economic Development Assistance Contract in order to finalize incentives and document
associated terms for the Project; and
Whereas, the City Council finds that the filing of an Application for participation in the
Iowa Economic Development Authority’s Financial Assistance Program on behalf of
Crown Holdings, Inc. and Subsidiaries, a copy of which is attached hereto, should be
hereby approved.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
34
DUBUQUE, IOWA THAT:
Section 1. The filing of an Application for participation in the Iowa E conomic Develop-
ment Authority’s Financial Assistance Program on behalf of Crown Holdings, Inc., and
Subsidiaries., is hereby approved.
Section 2. The Mayor is hereby authorized to execute and the City Manager is hereby
directed to submit the Application to the Iowa Economic Development Authority together
with such other documents as may be required.
Passed, approved, and adopted this 15th day of July 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
4. Nomination of Eagle Point Park as a City Landmark Site (second and final reading):
City Manager recommended approval of the nomination filed by the City of Dubuque and
adoption of an ordinance designating Eagle Point Park as a City Landmark Site. Motion
by Larson 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 Del Toro. Motion carried
7-0.
Motion by Larson for final consideration and passage of Ordinance No. 32-19 Amend-
ing Title 16 Unified Development Code, Chapter 10 Historic Preservation of the City of
Dubuque Code of Ordinances by adding Eagle Point Park as a Landmark Site . Seconded
by Del Toro. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 32-19
AMENDING TITLE 16 UNIFIED DEVELOPMENT CODE, CHAPTER 10 HISTORIC
PRESERVATION OF THE CITY OF DUBUQUE CODE OF ORDINANCES, BY ADDING
EAGLE POINT PARK AS A LANDMARK SITE
Whereas, the City Historic Preservation Commission, at the request of the City of
Dubuque as property owner, has recommended an amendment to Chapter 10 (Historic
Preservation Commission Applications and Procedures) in Title 16 - Unified Development
Code of the City of Dubuque Code of Ordinances, by adding Eagle Point Park as a land-
mark site to Section 16-10-4. B. Landmarks and Landmark Sites; and
Whereas, the City of Dubuque may nominate and designate landmarks and landmark
sites for historic properties meeting the criteria for such designation upon recom menda-
tion of the Historic Preservation Commission and the State Historic Preservation Office;
and
Whereas, Eagle Point Park Historic District was listed in the National Register of His-
toric Places on November 27, 2017, and therefore meets the City Code cri teria for land-
mark site designation; and
Whereas the State Historic Preservation Office has provided a written recommendation
for the landmark site designation of Eagle Point Park; and
Whereas, the City Park and Recreation Advisory Commission has provided a written
recommendation for the landmark site designation of Eagle Point Park.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
35
Section 1. Section 16-10-4. B: Landmarks and Landmark Sites of the City of Dubuque
Code of Ordinances is hereby amended by adding the following new section:
11. Eagle Point Park: The property hereinafter described is hereby designated
as a landmark site, according to the provisions of this chapter:
The buildings, structures, objects, sites, and property situated on Lot 2-1-2,
Lot 1-1-1-1-2-3, Lot 2-1-1-2-3, Lot 2-1-2-3, Lot 1, Lot 2-2-2-3 All of Mineral Lot
310; Lot 1 of Mineral Lot 308; Lot 1 & 2 of Subdivision of 3 of Mineral Lot 305a;
Lot 4, Lot 1-1-1-1-1-1-1 of Mineral Lot 305a; Lot 1-1-1-1 of 305a Except That Part
That Lies Easterly of the Railroad Tracks And Westerly of the Lock and Dam &
Riverlot 2-4 of Eaglepoint #2; Lot 2-221, Lot 1-222 & Lots 223 & 224 Julien Addi-
tion; Lots 529 Thru 534 Hams Addition; Lots 2-6, Lot 2-1-6 and Parts of Lots 107
to 124 All In Fountain Hill Resubdivision; Lot 1, Lot 1a, Lot 2 -3-2, Lot 2-1-4, Lot
2-6, Lot 7, Lot 2-2-3, Lot 2-4, Lot 2-1-3, Lot 3-1-4, And Lot 2-1-2-3 All of
Mineral Lot 312; Lot 2-1 Block 3 Orchard Hills; Lot 2-2 of Mineral Lot 305a; All
in Section 7 –Township 89 North – Range 3 East, commonly known as 2601
Shiras Avenue.
Section 2. This ordinance shall take effect immediately upon publication, as provided
by law.
Passed, approved, and adopted 15th day of July 2019.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
5. Code of Ordinances Amendment - Title 2 Community Development Advisory Com-
mission (second and final reading): City Manager recommended approval of an ordinance
which adds a new Title 2, Chapter 5, Article C which establishe s the Community Devel-
opment Advisory Commission and provides for the powers, operation, membership and
meetings. Motion by Jones to receive and file the documents and that the requirement
that a proposed ordinance be considered and voted on for passage at two Council meet-
ings prior to the meeting at which it is to be passed be suspended. Seconded by Resnick.
Motion carried 7-0.
Motion by Jones for final consideration and passage of Ordinance No. 33-19 Amending
City of Dubuque Code of Ordinances Title 2 Boards and Commissions, Chapter 5 Hous-
ing Agency and Community Development Commissions by repealing Article C Commu-
nity Development Advisory Commission and adopting a new Article C Community Devel-
opment Advisory Commission in lieu thereof establishing the Comm unity Development
Advisory Commission and providing for the powers, operation, membership, and meet-
ings. Seconded by Resnick. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 33-19
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 2 BOARDS AND
COMMISSIONS, CHAPTER 5 HOUSING AGENCY AND COMMUNITY DEVELOP-
MENT COMMISSIONS BY REPEALING ARTICLE C COMMUNITY DEVELOPMENT
ADVISORY COMMISSION AND ADOPTING A NEW ARTICLE C COMMUNITY DE-
VELOPMENT ADVISORY COMMISSION IN LIEU THEREOF ESTABLISHING THE
COMMUNITY DEVELOPMENT ADVISORY COMMISSION AND PROVIDING FOR THE
36
POWERS, OPERATION, MEMBERSHIP, AND MEETINGS
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Title 2, Chapter 5, Article C of the City of Dubuque Code of Or dinances is
hereby repealed, and the following adopted in lieu thereof:
ARTICLE C
COMMUNITY DEVELOPMENT ADVISORY COMMISSION
2-5C-1: Commission Created: There is hereby created the Community Development
Advisory Commission.
2-5C-2: Purpose: The purpose of the commission is to provide for citizen participation
in the development and evaluation of the city’s Community Development Block Grant
(CDBG) program.
2-5C-3: Internal Organization and Rules: The commission may adopt rules and regu-
lations to govern its organizational procedures as may be necessary and which are not in
conflict with this Code of Ordinances or the Iowa Code.
2-5C-4: Procedures for Operation: All administrative, personnel, accounting, budget-
ary, and procurement policies of the city govern the commission in all its operations.
2-5C-5: Membership:
A. The commission comprises nine (9) residents of the city, appointed by the city
council.
B. Residents must be eighteen (18) years of age or older.
C. Qualifications.
1. Four (4) members must be residents of census tracts and block groups where
at least fifty one percent (51%) of the residents are low/moderate income persons
as determined by the United States Department of Commerce, Bureau of the Cen-
sus.
2. Four (4) members must be residents of the community at-large.
3. One (1) member must be appointed by and from the membership of the Hous-
ing Commission, with approval from the city council.
2-5C-6: Oath: Each person, upon appointment or reappointment to the commission,
must execute an oath of office at the first meeting of the commission following the ap-
pointment or reappointment or at the city clerk’s office any time prior to the first meeting
of the commission.
2-5C-7: Terms: The term of office for commissioners is three (3) years or until such
commissioner’s successor is appointed and qualified, provided, however, that the term of
the cross-representative appointee from the City of Dubuque Housing Commission must
coincide with their term on the Housing Commission.
2-5C-8: Vacancies: Vacancies must be filled in the same manner as original appoint-
ments.
2-5C-9: Officers/Organization: The commissioners must choose annually a chairper-
son and vice-chairperson, each to serve a term of one (1) year. The chairperson must
appoint a secretary, who need not be a member of the commission. The commissioners
must fill a vacancy among its officers for the remainder of the officer’s unexpired term.
2-5C-10: MEETINGS:
A. Regular Meetings. The commission must meet monthly.
37
B. Special Meetings. Special meetings may be called by the chairperson or at the
written request of a majority of the commissioners.
C. Open Meetings. All meetings must be called and held in conformance with the
Iowa Open Meetings Law.
D. Attendance.
1. In the event a commissioner has been absent for three (3) or more consecutive
meetings of the commission, without being excused by the chairperson, such ab-
sence will be grounds for the commission to recommend to the city council that the
position be declared vacant and a replacement appointed.
2. Attendance must be entered upon the minutes of all meetings.
E. Minutes. A copy of the minutes of all regular and special meetings of the com-
mission must be filed with the city council within ten (10) working days after each meet-
ing, or by the next regularly scheduled city council meeting, whichever is later.
F. Quorum. Five (5) commissioners constitute a quorum for the transaction of busi-
ness. The affirmative vote of a majority of the commissioners present and voting is
necessary for the adoption of any motion or resolution.
2-5C-11: Compensation: Commissioners serve without compensation, provided that
they may receive reimbursement for necessary travel and other expenses while on official
commission business within the limits established in the city administrative policies
budget.
2-5C-12: Removal: Except as provided in 2-5C-10(D)(1), the city council may remove
any commissioner for good cause.
2-5C-13: Powers: The commission has the following powers, duties, and responsibili-
ties:
A. To conduct public hearings in accordance with the minimum standards estab-
lished in the CDBG program’s Citizen Participation Plan to ensure meaningful citizen
input in the planning, implementation, and assessment of the CDBG program;
B. To provide for and encourage the participation of low/moderate income persons
who reside in designated areas of slum and blight and residents of low/ moderate in-
come neighborhoods, as defined by the city council, in the planning, implementation,
and assessment of the CDBG program;
C. To identify community development needs, particularly the needs of persons of
low/moderate income;
D. To serve in an advisory role upon the request of the city council in policy decisions
regarding funding priorities and program development and implementation;
E. To monitor and evaluate program activities to advise whether identified commu-
nity development objectives have been met;
F. To undertake public information efforts to educate the citizenry of the availability
of CDBG funded programs and to provide for a greater understanding of the city’s
community development efforts;
G. To assist in the preparation of the statement of community development objec-
tives assess needs, priorities, and projected use of funds, amendments thereto, and
required reports, including but not limited to, the Annual Action Plan, Consolidated An-
nual Performance and Evaluation Report, and the five -year Consolidated Plan;
H. To serve in an advisory role to the city manager in the review of complaints and
38
grievances received in accordance with the procedures established in this Code; and,
I. To support, upon request, the efforts of the city council and other city commissions
in the assessment of the general development needs of the community.
2-5C-14: GRIEVANCE PROCEDURE; REVIEW STANDARDS; APPEAL PROCESS:
The grievance procedure for the CDBG program is as follows:
A. Any aggrieved person may file a grievance with the city manager.
B. Grievances must contain a concise statement of the grievance and an explana-
tion of the action desired.
C. The city manager must forward the grievance to the commission within seven (7)
business days of its receipt.
D. The commission, within fifteen (15) working days of the receipt of the grievance,
must set a time for a hearing. The complainant must be notified in writing of the time
and place of the hearing. If a grievance is resolved prior to the date of the hearing, the
aggrieved party must request in writing that the grievance be withdrawn.
E. The commission must conduct a hearing to review the grievance. The grievant
may appear in person, by agent, or by attorney. All persons wishing to appear before
the commission have an opportunity to be heard regarding the grievance. Minutes must
be kept of the proceedings of the hearing.
F. The commission must forward its recommendation, in writing, to the city manager
within ten (10) business days following the hearing.
G. The city manager must receive and review the recommendation of the commis-
sion and respond to the grievant within ten (10) business days of the receipt of the
recommendation. The commission must be advised of the action of the city manager.
H. The recommendations of the commission must comply with the regulations es-
tablished by the U.S. Department of Housing and Urban Development for the CDBG
program under Title I of the Housing and Community Development Act of 1974 and
this Code.
I. If the grievant is unsatisfied with the response of the city manager, an appeal may
be filed with the city clerk. The appeal must be forwarded by the city clerk to the city
council. The city council may, at its discretion, hold a hearing to consider the concerns
of the grievant.
J. Upon review of the appeal, the city council must:
1. Accept the response of the city manager;
2. Modify the response of the city manager; or,
3. Return the grievance to the city manager for further review.
If the outcome of such appeal is unsatisfactory, the complainant may file a written ap-
peal with the U.S. Department of Housing and Urban Development.
2-5C-15: PROCEDURES FOR OPERATIONS: The commission must operate in ac-
cordance with the standards and procedures set forth in the city’s CDBG program ’s Citi-
zen Participation Plan.
Section 2. Nothing herein effects the term of any person serving as a commissioner as
of the effective date of this Ordinance.
Section 3. This Ordinance takes effect upon publication.
Passed, approved, and adopted the 15th day of July 2019.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
39
6. Request for Proposal - Climate Action Plan Consultant: City Manager recommended
approval of the selection of Pale Blue Dot as the consultant to undertake the City of Dubu-
que Climate Action Plan Update. Motion by Del Toro to receive and file the documents
and approve the recommendation. Seconded by Larson. Motion carried 7 -0.
7. Request for Proposals for Equitable Poverty Prevention Plan: City Manager recom-
mended approval of a Request for Proposals for a consultant to help create an Equitable
Poverty Prevention Plan with an implementation strategy for the Dubuque Community.
Motion by Larson to receive and file the documents and approve the recommendation.
Seconded by Jones. Motion carried 7-0.
8. Recommendation for Jule Transit Bus Purchase : City Manager recommended the
purchase of four new Gilligs buses as an alternative to the recent Request for Proposal
for nine remanufactured buses. It is further recommended to apply for a grant this year to
secure funds to replace the remaining five buses. Motion by Jones to receive and file the
documents and approve the recommendation. Seconded by Resnick. Motion carried 7 -0.
9. May 2019 Unemployment Rate for the Country's Metropolitan Statistical Areas: City
Manager providing information for the May 2019 unemployment rate for the 389 metro-
politan statistical areas (MSA) across the country. Motion by Jones to receive and file the
documents. Seconded by Larson. Motion carried 7 -0.
10. Bee Branch Creek Railroad Culvert Groundbreaking: City Manager transmitting
information regarding the Bee Branch Creek Railroad Culvert Groundbreaking scheduled
at 4:00 p.m. on Thursday, August 8, at the Lower Bee Branch Creek Trail end north of E.
16th Street. Motion by Larson to receive and file the documents. Seconded by Jones. No
schedule conflicts were noted. Motion carried 7-0.
COUNCIL MEMBER REPORTS
Council Member Resnick reported on hearing from a student returning to live in Dubu-
que and how thrilled the former student was with the look of Dubuque. Mr. Resnick con-
gratulated all other students who have returned to live in Dubuque.
CLOSED SESSION
Motion by Jones to convene in closed session at 7:52 p.m. to discuss Pending Litiga-
tion and Real Estate Transfer Negotiations pursuant to Chapter 21.5(1)(c), -(j) Code of
Iowa. Seconded by Resnick. Mayor Buol stated for the record that the attorney who will
consult with City Council on the issues to be discussed in the closed session is City At-
torney Crenna Brumwell. Motion carried 7-0.
Upon motion, the City Council reconvened in open session at 8:23 p.m. stating that
staff had been given proper direction.
40
There being no further business, upon motion the City Council adjourned at 8:24 p.m.
/s/Kevin S. Firnstahl, CMC, City Clerk