11 4 19 City Council Proceedings Official_Regular1
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in regular session at 6:00 p.m. on Monday, November
4, 2019 in the second-floor Council Chambers of the Historic Federal Building, 350 W. 6th
Street.
Present: Mayor Buol; Council Members Del Toro, Jones, 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
Assistant City Manager Cori Burbach introduced the ICMA International Fellow/Young
Southeast Asia Leadership Institute Program Kamal Muhammad Raini from Penang, Ma-
laysia.
PROCLAMATION(S)
1. Eagles "Eyes on the Future" Recognition of Brian Ries was accepted by Brian Ries
and Michael Duehr.
2. American Legion Auxiliary Unit #6 Centennial (November 9, 2019) was accepted by
Post 6 Vice Commander Janet Grass.
3. Veterans Day (November 11, 2019) was accepted by American Legion Auxiliary
Post 6 Commander John Zeimet.
4. Philanthropy Day (November 15, 2019) was accepted by Christel Tatro, Member of
the Association of Fundraising Professionals, Greater Tri-State Chapter.
5. Pancreatic Cancer Awareness Day (November 21, 2019) was accepted by Diane
M. (Oglesby) Rambousek, President, Michael W. Oglesby Foundation.
6. Hospice Month (November 2019) was accepted by Accepted by Hospice Executive
Director, Lavonne Noel.
7. Dubuque Family Literacy Month (November 2019) was accepted by Rachel Wil-
liams, Youth Impact Coordinator for the Community Foundation of Greater Dubuque.
CONSENT ITEMS
For the record, the City Clerk announced that No. 19 Acknowledgement/Settlement
Agreement for a tobacco compliance violation for HyVee Store #1 is pulled from the
agenda stating that the vendor is working through the Police Department on an alternative
agreement.
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Motion by Resnick to receive and file the documents, adopt the resolutions, and dis-
pose of as indicated except for Consent Item No. 19. Seconded by Jones. Motion carried
6-0.
1. Minutes and Reports Submitted: City Council proceedings of 10/21; Civil Service
Commission of 10/28; Community Development Advisory Commission of 10/21; Invest-
ment Oversight Advisory Commission of 10/23; Proof of Publication for City Council Pro-
ceedings of 9/26, 10/7; Proof of Publication for List of Claims and Summary of Revenues
for Month Ending 9/30. Upon motion the documents were received and filed.
2. Notice of Claims and Suits: Jerome Ehlers for property damage, John Koenig for
property damage, George Langas for personal injury, Julie Rupert for vehicle damage.
Upon motion the documents were received, filed, and referred to the City Attorney.
3. Disposition of Claims: City Attorney advising that the following claims have been
referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities As-
surance Pool: Jerome Ehlers for property damage, John Koenig for property damage,
George Langas for personal injury, Julie Rupert for vehicle damage. Upon motion the
documents were received, filed, and concurred.
4. Approval of City Expenditures: City Manager recommending City Council approval
for payment of City expenditures. Upon motion the documents were received and filed,
and Resolution No. 383-19 Authorizing the Finance Director-City Treasurer to make cer-
tain payments of bills that must be paid and approved for payment in accordance with
City procedures was adopted.
RESOLUTION NO. 383-19
AUTHORIZING THE DIRECTOR OF FINANCE AND BUDGET / 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:
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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 4th day of November 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
5. Quarterly Investment Report: City Manager transmitting the September 30, 2019
Quarterly Investment Report. Upon motion the documents were received and filed.
6. Full Circle Management Fifteenth Street Apartments: City Manager providing a copy
of Full Circle Management's tenant application, survey and property information for the
Fifteenth Street Apartments. Upon motion the document was received and filed.
7. Race in the Heartland Conference 2019 Program: City Manager providing a copy of
the inaugural Race in the Heartland Conference agenda held in Dubuque on October 18-
19, 2019. Upon motion the document was received and filed.
8. Growing Sustainable Communities Conference Agenda: City Manager providing a
copy of the Growing Sustainable Communities Conference agenda held at the Grand
River Center on October 23-25, 2019. Upon motion the document was received and filed.
9. Iowa Partners for Conservation Grant: City Manager recommending authorization to
partner with Dubuque County by expanding the scope of work to be performed by the
City’s engineering consultant, Houston Engineering, in order to provide for additional,
shared watershed/flooding planning efforts. Upon motion the documents were received
and filed, and Resolution No. 384-19 Authorizing Dubuque County the opportunity and
right to contract with Houston Engineering to continue and extend existing watershed
planning efforts to include a multi-hazard water quality and quantity approach was
adopted.
RESOLUTION NO. 384-19
AUTHORIZING DUBUQUE COUNTY THE OPPORTUNITY AND RIGHT TO CON-
TRACT WITH HOUSTON ENGINEERING TO CONTINUE AND EXTEND EXISTING
WATERSHED PLANNING EFFORTS TO INCLUDE A MULTI-HAZARD WATER QUAL-
ITY AND QUANTITY APPROACH
Whereas, Dubuque County seeks to procure services in accordance with the Request
for Proposal (RFP) issued by the City of Dubuque on October 31, 2018 for certain hydrol-
ogy-related data products (RFP deliverable 2) and for “technical support to City of Dubu-
que partners … to conduct an analysis utilizing PTMApp that identifies where different
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types of BMPs and conservation practices could be placed … in the identified priority
areas;” and
Whereas, Dubuque County seeks to utilize federal funding available through the Iowa
Homeland Security and Emergency Management Department (HSEMD) for some of
those services; and
Whereas, in order for Dubuque County, or the City, to use such federal funding for
those services, the method to procure the contractor for such services must be in accord-
ance with 2 CFR Part 200 Sections 318 through 326 and the City of Dubuque followed
such methods as well as followed its own procedures, which adhere to the County’s pro-
curement procedures, in procuring Houston Engineering Inc. who was the contractor se-
lected as a result of the aforementioned RFP process; and
Whereas, 2 CFR Part 200 Section 318 encourages local governmental entities, in or-
der to “foster greater economy and efficiency, and . . . to promote cost-effective use of
shared services”, to enter into local intergovernmental agreements “for procurement or
use of common or shared goods or services;” and
Whereas, the Dubuque County, being a partner with the City of Dubuque in efforts
relating to the aforementioned RFP, wishes to document that appropriate procurement
methods were followed and the County, through intergovernmental agreement with the
City of Dubuque, is simply continuing or assuming the efforts of that RFP and the proposal
chosen through the RFP process.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The City allows Dubuque County to utilize the services of the contractor,
Houston Engineering, Inc., retained under the City’s Request for Proposal (RFP) issued
October 31, 2018 for creation of a hydrologically modified Digital Elevation Conservation
Planning model, such as Agricultural Conservation Planning Framework and/or the Pri-
oritize, Target, and Measure Application for all of Dubuque County.
Section 2. The City delegates to the County the right, as a partner referenced in said
RFP, to extend its own contract with said contractor Houston Engineering Inc. to perform
services, as long as such services fall within the scope of the RFP and as long as such
services and deliverables are described in the original contract with the City (including
those listed as options or “extras” in such original contract that the City or its local partners
may request of the Houston Engineering upon additional payment.)
Section 3. The City will share with the County and other local and regional partners the
digital information that has thus far been delivered to the City by Houston Engineering in
its execution of the contract entered into as a result of the RFP process.
Passed, approved, and adopted this 4th day of November 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
10. National Mississippi River Museum & Aquarium Application - Letter of Support for
Iowa REAP Grant: City Manager recommending approval of a letter for support from
Mayor Roy Buol to the National Mississippi River Museum & Aquarium for its Iowa DNR
REAP Conservation Education Program (CEP) grant application. Upon motion the docu-
ments were received, filed and approved.
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11. Nuisance Garbage Collection Charges (Housing Department): City Manager rec-
ommending adoption of a resolution authorizing the City Clerk to certify garbage collection
charges to the Dubuque County Treasurer in order to establish real prope rty liens for
collection of such charges. Upon motion the documents were received and filed, and
Resolution No. 385-19 Authorizing the City to collect delinquent garbage collection
charges in accordance with Title 6-4-3A, Title 6-4-5A and Title 6-4-5B of the Code of
Ordinances of the City of Dubuque, Iowa was adopted.
RESOLUTION NO. 385-19
AUTHORIZING THE CITY TO COLLECT DELINQUENT GARBAGE COLLECTION
CHARGES IN ACCORDANCE WITH TITLE 6-4-3A; TITLE 6-4-5A & TITLE 6-4-5B OF
THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA
Whereas, residential properties in the City of Dubuque are considered substandard if
any conditions exist to an extent that endanger life, limb, health, property, safety or wel-
fare of the public or the occupants thereof; 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
Whereas, delinquent garbage collection charges shall be certified by the City Clerk to
the Dubuque County Treasurer for collection with, and in the same manner as general
property taxes.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The persons listed on the attached Garbage Assessment Schedule are de-
linquent in the payment of garbage collection charges.
Section 2. 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 Garbage
Assessment Schedule are delinquent in the payment of garbage collection 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 4th day of November 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
SCHEDULE OF ASSESSMENTS
DELINQUENT NUISANCE GARBAGE COLLECTION CHARGES
Location; Owner; Parcel #; Amount; Category
515 Pickett St.; N 30' Lot 39 Stafford’s Add; BRP Properties, LLC; 8505 Southern Hills
Ct., Dubuque IA 52003; 1024332023; $345.00; garbage
2759 Jackson St.; E 90' of S 28' of E 170' of Lot 359 Davis Farm Add; Mid -America
Property Management LLC, PO Box 1572, Dubuque IA 52004 -1572; 1013162009;
$85.00; garbage
1439 Bluff St.; Lot 2-1 of City Lot 667; High Performance Properties, LLC, 8505 South-
ern Hills Ct., Dubuque IA 52003; 1024338010; $124.00; garbage
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375 Nevada St.; Lot 11 T S Nairns Dubuque; Nottingham Properties, LLC; 485 Locust
St., Dubuque IA 52001; 1026279019; $156.35; garbage
640 Arlington St.; Lot 1 McDaniel's Sub Plat 3 (units 1 & 2); HP Investments, LLC; 8505
Southern Hills Ct., Dubuque IA 52003; 1024378032; $100.00; garbage
744 Nevada St.; Lot 1-13 Bradstreet’s Sub; Zodiac Properties LLC; 3060 Pennsylvania
Ave., Dubuque IA 52001; 1025105011; $90.00; garbage
1492 Cornell St.; N 42'9"-N85 1/2' of Lot 1 & N 42'9"-N 85 1/2' of Lot 2 Morgan’s Sub.;
BRP Properties, LLC; 8505 Southern Hills Ct., Dubuque IA 52003; 1024334001; $136.90;
garbage
12. Recording the Award of the 2019 Madison St. Retaining Wall Reconstruction Emer-
gency Repair Project: City Manager recommending that the award of the Madison Street
Retaining Wall Emergency Repairs Project to Drew Cook & Sons Excavating Co., Inc. be
officially recorded in the minutes of the City Council. Upon motion the documents were
received, filed and made a Matter of Record.
13. Metx, LLC - Amendment to Development Agreement and Collateral Assignment:
City Manager recommending approval of an Amendment to Development Agreement and
Collateral Assignment of Development Agreement changing the substantia l completion
date to June 1, 2020. Upon motion the documents were received, filed and approved.
14. 2018 City Council Official Proceedings: City Clerk submitting the completed and
indexed City Council's Official Proceedings for calendar year 2018. Upon motion the doc-
uments were received, filed and approved.
15. Legislative Initiative - Unemployment Insurance and Seasonal Workers: City Man-
ager recommending removal of the Legislative Initiative for Unemployment Insurance and
Seasonal Workers from the Legislative Priorities. Upon motion the documents were re-
ceived, filed and approved.
16. Civil Service Commission - Certified Lists: Civil Service Commission submitting the
Certified Lists for the positions of Equipment Operator II, Assistant Planner, and Lead
Applications/Network Analyst. Upon motion the documents were received, filed and made
a Matter of Record.
October 28, 2019
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of the Code of Iowa, a written examination for the
position of Equipment Operator II was administered on September 17, 2019. We hereby
certify that the individuals listed below have passed this written examination and the va-
cancy for this position should be filled from this list and that this list is good for two (2)
years from above date.
Equipment Operator II
1. Zachary Thill, 2. John Kirk, 3. Christopher Kennedy, 4. Tim Lawler, 5. Daniel Mayne,
6. Jason McCann, 7. Barbara Liska
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Respectfully submitted,
/s/Dan White, Chairman
Civil Service Commission
October 28, 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 Assistant Planner was administered via “take-home” examination. We hereby certify
that the individuals listed below have passed this “take-home” examination and the va-
cancy for this position should be made from this list and that this list is good for one (1)
year from the above date.
Assistant Planner
1. Travis Schrobilgen, 2. Oscar Ortiz Maldonado, 3. Kristina Tranel, 4. Jason Duba, 5.
Emily Sewell, 6. Troy Kress
Respectfully submitted,
/s/Dan White, Chairman
Civil Service Commission
October 28, 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 Lead Applications/Network Analyst was administered via “take -home” examination. We
hereby certify that the individuals listed below have passed this “take-home” examination
and the vacancy for this position should be made from this list and that this list is good for
one (1) year from the above date.
Lead Applications/Network Analyst
1. Scott Schlichte, 2. Michael Kerth, 3. Alicia Turnis
Respectfully submitted,
/s/Dan White, Chairman
Civil Service Commission
17. Signed Contract(s): Tri-State Occupational Health, LLC Amendment to Agreement;
K&L Leasing Revocable License for use of right -of-way at 778 W. 8th Street; S&R Jack-
son, LLC Revocable License for use of right-of-way at 1065 Jackson Street; Powers of
Communication Vendor Service Agreement for Census 2020 Communication Consulting.
Upon motion the documents were received and filed.
18. Improvement Contracts / Performance, Payment and Maintenance Bonds : Drew
Cook & Sons Excavating Company, Inc. for the 2019 Madison Street Retaining Wall Re-
construction Emergency Repair Project. Upon motion the documents were received, filed
and approved.
19. Tobacco Compliance Civil Penalty for Tobacco License Holder – HyVee #1: This
item was removed from the agenda at the request of the vendor and City staff.
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20. Alcohol Compliance Civil Penalty for Alcohol License Holder – Pioneers Rest Stop:
City Manager recommending approval of the Acknowledgment/Settlement Agreement for
an alcohol compliance violation for Pioneers Rest Stop, 4900 Old Highway Road. Upon
motion the documents were received, filed and approved.
21. Alcohol License Applications: City Manager recommending approval of annual
beer, liquor and wine licenses as submitted. Upon motion the documents were received
and filed, and Resolution No. 386-19 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. 386-19
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 THAT:
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 documenta-
tion:
Renewals
Aldi, Inc #30 2160 Holliday Dr. Class C Beer, Class B Wine
(Sunday)
Barrel House Dubuque 299 Main St. Class C Liquor License (Sun-
day)
Dimensional Brewing Com-
pany
67 Main St. Class B Beer (Outdoor) (Sun-
day)
Dog House Lounge 1646 Asbury Rd. Class C Liquor License (Out-
door) (Sunday)
Happy Joe's Old-Fashioned
Ice Cream & Pizza Parlor
855 Century Dr. Class B Beer (Sunday)
Hy-Vee Gas #2 Dubuque 2435 NW Arterial Class C Beer, Class B Native
Wine (Sunday)
KWIK Stop #858 3340 J F Kennedy Rd. Class E Liquor, Class B Na-
tive Wine, Class C Beer (Sun-
day)
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Wicked Dame 214 West 1st St. Class C Liquor, Class B Wine
(Sunday)
Yen Ching Restaurant 926 Main St. Class C Liquor
Passed, approved, and adopted this 4th day of November 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.
1. Housing Commission: One, 3-Year term through August 17, 2022 (Vacant term of
Schwendinger). Applicant: Suzanne Stroud, 234 East 14th St.
2. Long Range Planning Advisory Commission” One, 3-Year term through July 1, 2022
(Vacant term of Wright). Applicant: John Krayer, 6510 Wellington Ln. Mr. Krayer spoke in
support of his appointment and provided a brief biography.
PUBLIC HEARINGS
1. Dubuque Industrial Center Urban Renewal Plan - Resolution of Adoption: Proof of
publication on notice of public hearing to consider approval of an Amended and Restated
Urban Renewal Plan for the Dubuque Industrial Center Economic Development District,
and the City Manager recommending approval. Motion by Resnick to receive and file the
documents and adopt Resolution No. 387-19 Approving the Amended and Restated Ur-
ban Renewal Plan Version 2019.1, for the Dubuque Industrial Center Economic Devel-
opment District. Seconded by Del Toro. Motion carried 6-0.
RESOLUTION NO. 387-19
APPROVING THE AMENDED AND RESTATED URBAN RENEWAL PLAN, VERSION
2019.1, FOR THE DUBUQUE INDUSTRIAL CENTER ECONOMIC DEVELOPMENT
DISTRICT
Whereas, by Resolution 362-19 on October 7, 2019 the City Council of the City of
Dubuque, Iowa authorized the preparation of an Amended and Restated Urban Renewal
Plan (the “Amended and Restated Urban Renewal Plan” or “Plan”) for the Dubuque In-
dustrial Center Economic Development District (the "District"); and
Whereas, the Amended and Restated Urban Renewal Plan for the District, Version
2019.1, is on file in the City Clerk's Office; and
Whereas, the City of Dubuque's primary objective for the Amended and Restated Ur-
ban Renewal Plan for the District is to provide opportunities which will further economic
development purposes and objectives as described in the Plan; and
Whereas, a consultation process has been undertaken with affected taxing entities in
accordance with Chapter 403 of the Code of Iowa with no written objections or recom-
mended changes to the Plan received; and
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Whereas, the City Council, in accordance with Chapter 403 of the Code of Iowa, has
held a public hearing on the Amended and Restated Urban Renewal Plan after public
notice thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The Amended and Restated Urban Renewal Plan for the Dubuque Indust rial
Center Economic Development District, Version 2019.1, is hereby approved.
Section 2. A feasible method exists for the location of any families who will be displaced
from the District, as amended, into decent, safe , and sanitary dwelling accommodations
within their means and without undue hardship to such families; and that the Amended
and Restated Plan conforms to the general plan of the City as a whole. With respect to
any real property in the District acquired by the City in connection with the land and pro-
jects included in the Plan, non-residential use is expected and with reference to those
portions thereof which are to be developed for non -residential uses, such non-residential
uses are necessary and appropriate to facilitate the proper growth and development of
the City in accordance with sound planning standards and local community objectives .
Section 3. The District, as amended, continues to be an area for economic develop-
ment (commercial and industrial) within the meaning of Iowa Code Chapter 403; that such
area is eligible for designation as an urban renewal area and otherwise meets all requi-
sites under the provisions of Iowa Code Chapter 403; and that the rehabilitation, conser-
vation, redevelopment, development, or a combination thereof, of such area is necessary
in the interest of the public health, safety or welfare of the residents of this City.
Section 4. Notwithstanding any resolution, ordinance, plan, amendment or any other
document, the Amended and Restated Plan shall be in full force and effect from the date
of this Resolution until the Council amends or repeals the Plan.
Section 5. The City Clerk of the City of Dubuque, Iowa is hereby authorized and di-
rected to file a certified copy of this Resolution in the office o f the Dubuque County Re-
corder.
Passed, approved, and adopted this 4th day of November 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
2. Progressive Processing, LLC Third Amendment to Development Agreement : Proof
of publication on notice of public hearing to consider approval of a Third Amendment to
the Development Agreement between the City of Dubuque and Progressive Processing,
LLC to facilitate Progressive Processing's expansion, and the City Manager recommend-
ing approval. Motion by Jones to receive and file the documents and adopt Resolution
No. 388-19 Approving the Third Amendment to Development Agreement between the
City of Dubuque, Iowa and Progressive Processing, LLC. Seconded by Resnick. Motion
carried 6-0.
RESOLUTION NO. 388-19
APPROVING THE THIRD AMENDMENT TO DEVELOPMENT AGREEMENT BE-
TWEEN THE CITY OF DUBUQUE, IOWA AND PROGRESSIVE PROCESSING, LLC
Whereas, The City of Dubuque (City) and Progressive Processing, LLC (Developer)
previously entered into a Development Agreement dated April 21, 2008, for its processing
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facility in the City of Dubuque (the Development Agreement), as amended by the First
Amendment dated May 1, 2008, and Second Amendment dated March 17, 2014; and
Whereas, Developer has proposed to expand its processing facility and has agreed to
an additional investment of approximately $13 Million in building improvements, construc-
tion and machinery/equipment and to create 58 additional new jobs with this expansion;
and
Whereas, City and Developer desire to further amend the Development Agreement as
set forth herein.
NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL TERMS AND COVE-
NANTS CONTAINED HEREIN, CITY AND DEVELOPER AGREE THAT:
Section 1. The Third Amendment to Development Agreement between City and De-
veloper is hereby approved.
Section 2. The Mayor is hereby authorized and directed to execute the Third Amend-
ment to Development Agreement on behalf of the City of Dubuque and the City Clerk is
authorized and directed to attest to his signature.
Section 3. The City Manager is authorized to take such actions as are necessary to
comply with the terms of the Third Amendment to Development Agreement as herein
approved.
Passed, approved, and adopted this 4th day of November 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
3. Walter Development, LLC Development Agreement: Proof of publication on notice
of public hearing to consider approval of a Development Agreement between the City of
Dubuque and Walter Development, LLC, including the issuance of Urban Renewal Tax
Increment Revenue Grant Obligations, and the City Manager recommending approval.
Motion by Resnick to receive and file the documents and adopt Resolution No. 3 89-19
Approving a Development Agreement by and between the City of Dubuqu e, Iowa, and
Walter Development, LLC for the sale of City -Owned property including the issuance of
Urban Renewal Tax Increment Revenue Obligations. Seconded by Jones. Motion carried
6-0.
RESOLUTION NO. 389-19
APPROVING A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF
DUBUQUE, IOWA, AND WALTER DEVELOPMENT, LLC FOR THE SALE OF CITY -
OWNED PROPERTY INCLUDING THE ISSUANCE OF URBAN RENEWAL TAX IN-
CREMENT REVENUE OBLIGATIONS
Whereas, the City Council, by Resolution No. 360-19, dated October 7, 2019, declared
its intent to dispose of an interest in City of Dubuque real estate pursuant to a Develop-
ment Agreement between the City of Dubuque and Walter Development, LLC, including
the issuance of Urban Renewal Tax Increment Revenue Obligations; and
Whereas, pursuant to published notice, a public hearing was held on the proposed
Development Agreement on November 4, 2019 at 6:00 p.m. in the City Council Chambers
at the Historic Federal building, 350 W. 6th Street, Dubuque, Iowa; and
Whereas, it is the determination of the City Council that approval of the Development
Agreement for redevelopment of the Property by Walter Development, LLC, according to
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the terms and conditions set out in the Development Agreement, is in the public interest
of the City of Dubuque.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The Development Agreement between the City of Dubuque and Walter De-
velopment, LLC, a copy of which is attached hereto, including the issuance of Urban Re-
newal Tax Increment Revenue Obligations, is hereby approved.
Section 2. The Mayor is hereby authorized and directed to execute the Development
Agreement on behalf of the City of Dubuque and the City Clerk is authorized and directed
to attest to his signature.
Section 3. The City Manager is authorized to take such actions as are necessary to
comply with the terms of the Development Agreement as herein approved.
Passed, approved, and adopted this 4th day of November 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
4. Walter Development, LLC; BAS Development, LLC; and Unison Solutions Develop-
ment Agreement: Proof of publication on notice of public hearing to consider approval of
a Development Agreement by and among the City of Dubuque, Walter Dev elopment,
LLC, BAS Development, LLC, and Unison Solutions, Inc. providing for the sale of city -
owned real estate to BAS Development, LLC and the issuance of Urban Renewal Tax
Increment Revenue Grant Obligations, and the City Manager recommending approval.
Motion by Jones to receive and file the documents and adopt Resolution No. 390-19 Ap-
proving the disposal of an interest in City of Dubuque-owned real estate by sale to BAS
Development, LLC, pursuant to a Development Agreement by and among the City of
Dubuque, Walter Development, LLC, Bas Development, LLC, and Unison Inc. including
the issuance of Urban Tax Increment Revenue Obligations. Seconded by Shaw. Motion
carried 6-0.
RESOLUTION NO. 390-19
APPROVING THE DISPOSAL OF AN INTEREST IN CITY OF DUBUQUE OWNED
REAL ESTATE BY SALE TO BAS DEVELOPMENT, LLC, PURSUANT TO A DEVEL-
OPMENT AGREEMENT BY AND AMONG THE CITY OF DUBUQUE, WALTER DE-
VELOPMENT, LLC, BAS DEVELOPMENT, LLC, AND UNISON INC. INCLUDING THE
ISSUANCE OF URBAN TAX INCREMENT REVENUE OBLIGATIONS
Whereas, the City Council, by Resolution No. 359-19, dated October 7, 2019, declared
its intent to dispose of an interest in City of Dubuque real estate pursuant to a Develop-
ment Agreement by and among the City of Dubuque, Walter Development, LLC, BAS
Development, LLC, and Unison Inc., including the issuance of Urban Renewal Tax Incre-
ment Revenue Obligations; and
Whereas, pursuant to published notice, a public hearing was held on the proposed
disposition on November 4, 2019 at 6:00 p.m. in the City Council Chambers at the Historic
Federal building, 350 W. 6th Street, Dubuque, Iowa; and
Whereas, it is the determination of the City Council that disposal of an interest in city -
owned real estate and approval of the Development Agreement for redevelopment of the
13
Property by Unison Inc., according to the terms and conditions set out in the Development
Agreement, is in the public interest of the City of Dubuque.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The Development Agreement between the City of Dubuque, Walter Devel-
opment, LLC, BAS Development, LLC, and Unison Inc., a copy of which is attached
hereto, including the issuance of Urban Renewal Tax Increment Revenue Obligations, is
hereby approved.
Section 2. The Mayor is hereby authorized and directed to execute the Development
Agreement on behalf of the City of Dubuque and the City Clerk is authorized and directed
to attest to his signature.
Section 3. The City Manager is authorized to take such actions as are necessary to
comply with the terms of the Development Agreement as herein approved.
Passed, approved, and adopted this 4th day of November 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
5. Ice Harbor Flood Gate Abutment Repair Project: Proof of publication on notice of
public hearing to consider approval of plans, specifications, form of contract, and esti-
mated cost for the Ice Harbor Flood Gate Abutment Repair Project, and the City Manager
recommending approval. Motion by Jones to receive and file the documents and adopt
Resolution No. 391-19 Approval of plans, specifications, form of contract, and estimated
cost for the Ice Harbor Flood Gate Abutment Repair Project . Seconded by Resnick. Mo-
tion carried 6-0.
RESOLUTION NO. 391-19
ICE HARBOR FLOOD GATE ABUTMENT REPAIR PROJECT APPROVAL OF PLANS,
SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE ICE
HARBOR FLOOD GATE ABUTMENT REPAIR PROJECT
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 costs for the Ice
Harbor Flood Gate Abutment Repair Project, in the estimated amount $123,300 are
hereby approved.
Passed, adopted, and approved this 4th day of November 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
6. Fiscal Year 2020 Budget Amendment No. 2: Proof of publication on notice of public
hearing to consider approval of the Fiscal Year 2020 Budget Amendment No. 2, and the
City Manager recommending approval. Motion by Jones to receive and file the documents
and adopt Resolution No. 392-19 Amending the current budget for the Fiscal Year ending
June 30, 2020 as amended last on September 3, 2019. Seconded by Del Toro. Motion
carried 6-0.
RESOLUTION NO. 392-19
14
AMENDING THE CURRENT BUDGET FOR THE FISCAL YEAR ENDING JUNE 30,
2020 (AS AMENDED LAST ON 9/3/19)
Be it Resolved by the Council of the City of Dubuque
Section 1. Following notice published 10/23/19 and the public hearing held, 11/4/19
the current budget (as previously amended) is amended as set out herein and in the detail
by fund type and activity that supports this resolution which was considered at that hear-
ing:
Total Budget as
certified or last
amended
Current
Amendment
Total Budget af-
ter Current
Amendment
Revenues & Other Financing Sources
Taxes Levied on Property 1 25,575,669 0 25,575,669
Less: Uncollected Property Taxes-Levy Year 2 0 0 0
Net Current Property Taxes 3 25,575,669 0 25,575,669
Delinquent Property Taxes 4 0 0 0
TIF Revenues 5 10,738,108 0 10,738,108
Other City Taxes 6 18,167,857 0 18,167,857
Licenses & Permits 7 1,904,123 0 1,904,123
Use of Money and Property 8 14,391,312 0 14,391,312
Intergovernmental 9 100,340,485 -221,638 100,118,847
Charges for Services 10 43,900,588 0 43,900,588
Special Assessments 11 30,000 0 30,000
Miscellaneous 12 11,461,791 0 11,461,791
Other Financing Sources 13 38,313,330 -92,145 38,221,185
Transfers In 14 36,239,122 -223,095 36,016,027
Total Revenues and Other Sources 15 301,062,385 -536,878 300,525,507
Expenditures & Other Financing Uses
Public Safety 16 30,896,479 19,155 30,915,634
Public Works 17 14,384,293 0 14,384,293
Health and Social Services 18 1,313,039 0 1,313,039
Culture and Recreation 19 13,840,099 0 13,840,099
Community and Economic Development 20 15,062,689 -33,192 15,029,497
General Government 21 10,629,268 65,731 10,694,999
Debt Service 22 12,233,320 0 12,233,320
Capital Projects 23 88,849,020 421,207 89,270,227
Total Government Activities Expenditures 24 187,208,207 472,901 187,681,108
Business Type / Enterprises 25 94,509,645 490,963 95,000,608
Total Gov. Activities & Business Expenditures 26 281,717,852 963,864 282,681,716
Transfers Out 27 36,239,122 -223,095 36,016,027
Total Expenditures/Transfers Out 28 317,956,974 740,769 318,697,743
Excess Revenues & Other Sources Over (Un-
der) Expenditures/Transfers Out for Fiscal Year
29 -16,894,589 -1,277,647 -18,172,236
Beginning Fund Balance July 1 30 82,384,365 0 82,384,365
Ending Fund Balance June 30 31 65,489,776 -1,277,647 64,212,129
Explanation of increases or decreases in revenue estimates, appropriations, or avail-
able cash:
15
This amendment adds additional revenue from grants received and the appropriation
to spend the monies, appropriations from the Fiscal Year 2019 budget that were missed
in the first amendment, to include the portion of the Fiscal Year 2020 revised budget
recommendation that exceeded the state program amount published, and appropriation
for property acquisition.
There will be no increase in tax levies to be paid in the current fiscal year named above.
Any increase in expenditures set out above will be met from the increased non -property
tax revenues and cash balances not budgeted or considered in this current budget, this
will provide for a balanced budget.
Jennifer Larson, Director of Finance, and Budget
Passed, approved, and adopted this 4th day of November 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
PUBLIC INPUT
Lynn Sutton, 859 Air Hill, advocated for citizens whom she believes are being taken
advantage of by landlords in terms of not taking housing choice vouchers for the elderly
and disabled, not providing heat, and not preventing lead-free environments.
Carrie Presley, 1241 Prairie Du Chien; Frank Shepard, Sr.; and Kenneth Kings; re-
quested assistance on behalf of the tenants of the T able Mound Mobile Home Park to
respond to recent exorbitant increases in lot rent and utility fees at the Park that are seen
as an attempt by the landlord, RV Horizons (aka Impact Communities) to exploit tenants
and force them to move. Sam Wooden, Housing Commission Member, spoke in opposi-
tion to allowing housing choice vouchers to be used for lot rental as presented in Item No.
3 on the forthcoming Action Agenda. Brad Cavanagh, Housing Commission Member,
spoke in support of using housing choice vouchers for lot rental stating that it’s a real step
the City can take that gives residents a choice.
ACTION ITEMS
1. Awarding the Multicultural Family Center Expansion and Renovation Project : City
Manager recommending award of the construction contract for the M ulticultural Family
Center Expansion and Renovation Project to the low bidder Sheets Design Build, LLC.
Motion by Jones to receive and file the documents and adopt Resolution No. 393 -19
Awarding Public Improvement Contract for the Multicultural Family Center (MFC) Expan-
sion and Renovation Project. Seconded by Resnick. Motion carried 6-0.
RESOLUTION NO. 393-19
AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE MULTICULTURAL FAM-
ILY CENTER (MFC) EXPANSION AND RENOVATION
Whereas, sealed proposals have been submitted by contractors for the Multicultural
Family Center (MFC) Expansion and Renovation Project, (the Project) pursuant to Reso-
lution No. 363-19 and Notice to Bidders published on the City of Dubuque website and in
a contractor plan room service with statewide circulation on the 10th day of October 2019.
16
Whereas, said sealed proposals were opened and read on the 29th day of October
2019 and it has been determined that Sheets Design Build, LLC of Maquoketa, Iowa, with
a bid in the amount of $1,177,000.00 is the lowest responsive, responsible bidder for the
Project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
A Public Improvement Contract for the Project is hereby awarded to Sheets Design
Build, LLC and the City Manager is h ereby directed to execute a Public Improvement
Contract on behalf of the City of Dubuque for the Project.
Passed, approved, and adopted this 4th day of November 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
2. Hormel Foods Corporation and Progressive Processing LLC State of Iowa Business
Financial Assistance Contract: City Manager recommending approval of a resolution au-
thorizing Contract 20-HQJP-008 by and among Hormel Foods and Progressive Pro-
cessing LLC, the City of Dubuque and the Iowa Economic Development Authority for the
investment by Hormel Foods and Progressive Processing for the expansion of its opera-
tions in the City of Dubuque. Motion by Jones to receive and file the documents and adopt
Resolution No. 394-19 Authorizing the execution of a contract for State Business Finan-
cial Assistance by and among Hormel Foods Corporation and Progressive Processing,
LLC; the City of Dubuque, Iowa and the Iowa Economic Development Authority . Se-
conded by Resnick. Motion carried 6-0.
RESOLUTION NO. 394-19
AUTHORIZING THE EXECUTION OF A CONTRACT FOR STATE BUSINESS FINAN-
CIAL ASSISTANCE BY AND AMONG HORMEL FOODS CORPORATION AND PRO-
GRESSIVE PROCESSING LLC, THE CITY OF DUBUQUE, IOWA, AND THE IOWA
ECONOMIC DEVELOPMENT AUTHORITY
Whereas, Hormel Foods Corporation and Progressive Processing LLC operate a food
processing facility at 1205 Chavenelle Court in the City of Dubuque, Iowa in the City of
Dubuque, Iowa which employs three hundred forty-seven (347) full-time employees; and
Whereas, Hormel Foods Corporation and Progressive Processing LLC have proposed
making a Thirteen Million Six Thousand Four Hundred Dollar ($13,006,400.00) invest-
ment for the expansion of the facility which will allow for the addition of fifty-eight (58) full-
time jobs at the facility; and
Whereas, the City Council of the City of Dubuque, Iowa has considered the proposal
and has determined that the proposed project will contribute to the local economy; 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 expansion of the Hormel Foods Corporation and Progressive
Processing LLC proposed project at 1205 Chavenelle Court in the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
17
Section 1. The execution of the Economic Development Assistance Contract 20 -
HQJP-008 for participation in the Iowa Economic Development Authority’s Financial As-
sistance Program on behalf of Hormel Foods Corporation and Progressive Processing
LLC, a copy of which is attached hereto, is hereby approved.
Section 2. The Mayor is hereby authorized to execute and the City Manager is hereby
directed to submit the Economic Development Assistance Contract to the Iowa Economic
Development Authority together with such other documents as may be required.
Passed, approved, and adopted this 4th day of November 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
3. Public Housing Authority Policy Update: City Manager recommending that the City
Council consider updating the special housing Public Housing Authority Policy types ac-
cepted for Housing Choice Vouchers to include manufactured homes. Motion by Jones
to receive and file the documents and adopt Resolution No. 395-19 Approving PHA Policy
updates for special housing types permitted for families receiving Housing Choice
Voucher assistance. Seconded by Shaw. City Council discussion focused on whether or
not allowing housing choice vouchers to be used for lot rental is simply “feeding the beast”
and enabling the landlord’s price increases. Housing and Community Development Di-
rector Alexis Steger responded to questions from the City Council stating that even if
approved, the landlord does not have to accept the vouchers and that the program is
equitable. She added that vouchers can be used toward mortgages and that the new lot
rents are in line with other similar mobile home parks in the area. Motion carried 6-0.
RESOLUTION NO. 395-19
APPROVING PHA POLICY UPDATES FOR SPECIAL HOUSING TYPES PERMITTED
FOR FAMILIES RECEIVING HOUSING CHOICE VOUCHER ASSISTANCE
Whereas, the City of Dubuque is designated as a Public Housing Authority; and
Whereas, the City of Dubuque maintains a comprehensive Public Housing Administra-
tive Plan; and
Whereas, the City of Dubuque adopts specific policy that is supplemental to the Public
Housing Administrative Plan; and
Whereas, the Housing Commission is advisory to the City Council on policy updates;
and
Whereas, the Housing Commission held a public meeting on Friday November 1st,
2019 to discuss policy for special housing types allowed by families receiving Housing
Choice Voucher assistance.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The PHA Policy for special housing types be amended to include manufac-
tured home space rental as a permitted special housing type in the City of Dubuque as
allowed and defined in Chapter 15 of the Public Housing Administrative Plan.
Passed, approved, and adopted this 4th day of November 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
18
4. Amendment to Bee Branch Healthy Homes Administrative Plan : City Manager rec-
ommending approval of an Amendment to the Bee Branch Healthy Homes Administrative
Plan to require rental property owners that pa rticipate in the program to accept Housing
Choice Vouchers from qualified prospective tenants for the duration of their forgivable
loan agreement with the City of Dubuque. It is further recommended that staff be directed
to submit the amendment to the Iowa Economic Development Authority for adoption and
approval of the changes. Motion by Jones to receive and file the documents and approve
the recommendation. Seconded by Resnick. Housing and Community Development Di-
rector Alexis Steger responded to questions from the City Council stating that the program
is complaint-based, that the landlords must fix issues, accept housing choice vouchers if
they are receiving government funding, and still comply with international building codes
regardless of participation in the program. Motion carried 6-0.
5. Amendment to Lead & Healthy Homes Work Plan: City Manager recommending
approval to amend the Lead & Healthy Homes Work Plan to require rental property own-
ers that participate in the program to accept Housing Choice Vouchers from qualified
prospective tenants for the duration of their forgivable loan agreement with the City of
Dubuque. It is further recommended that the amendment be submitted to the U.S. De-
partment of Housing and Urban Development (HUD) for adoption and approval of the
changes. Motion by Shaw to receive and file the documents and approve the recommen-
dation. Seconded by Resnick. Motion carried 6-0.
6. Request for Work Session on the Five Flags Civic Center Phase 2A Study Presen-
tation: City Manager recommending that City Council schedule a work session for No-
vember 12, 2019 in the Council Chambers to present the Five Flags Civic Center Phase
2A Study. Motion by Jones to receive and file the documents and set the work session
as recommended pending no Council Member conflicts. Seconded by Del Toro. Resnick
stated that he could not be present but would follow up on the information after the fact.
Motion carried 6-0.
7. Request for Work Session on State of the Arts Annual Report: City Manager recom-
mending that the City Council schedule a work session for November 12, 2019 in the
Council Chambers on the State of the Arts in Dubuque, including a presentation and sta-
tus report on Dubuque’s Arts and Culture Master Plan. Motion by Jones to receive and
file the documents and set the work session as recommended pending no Council Mem-
ber conflicts. Seconded by Del Toro. Resnick reiterated is conflict. Motion carried 6-0.
8. Southwest Arterial Construction Update Video : Cable TV Division showed a video
of the recent progress of the Southwest Arterial Project for October 2019. Motion by Res-
nick to receive and file the information. Seconded by Shaw. Motion carried 6 -0.
COUNCIL MEMBER REPORTS
Jones reported on tomorrow’s first City Council election in combination with the School
Board election and encouraged everyone to vote.
19
Shaw thanked City staff and the Housing Commission for their responsiveness to the
residents of the Table Mound Mobile Home Park.
There being no further business, motion by Jones to adjourn at 7:49 p.m. Seconded
by Resnick. Motion carried 6-0.
/s/Kevin S. Firnstahl, CMC, City Clerk